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False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina 2010 Cornell Law School

False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina

Cornell Law Faculty Publications

The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency.

This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …


The Legal Debate Over The Senate's Rules: A Dialogue, Aaron-Andrew P. Bruhl 2010 William & Mary Law School

The Legal Debate Over The Senate's Rules: A Dialogue, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


The Judicial Power Of The Purse: How Courts Fund National Defense In Times Of Crisis (An Introduction), Nancy Staudt 2010 Northwestern University School of Law

The Judicial Power Of The Purse: How Courts Fund National Defense In Times Of Crisis (An Introduction), Nancy Staudt

Faculty Working Papers

This introduction to a forthcoming book (Spring 2011) briefly describes judges' hidden purse powers along with a theory for how and why judges will utilize these powers to keep the nation safe in times of foreign policy crisis. Ultimately, the book-length project investigates the empirical implications of the theory with both qualitative and quantitative data and finds substantial support for the idea that judges's use their financial powers differently in times of peace and in times of crisis


India In 2009: Global Financial Crisis And Congress Revival, Shalendra Sharma 2010 University of San Francisco

India In 2009: Global Financial Crisis And Congress Revival, Shalendra Sharma

Politics

The past year was a momentous one for India. The country navigated through the shoals of an unprecedented global financial crisis with only modest negative impact, and successfully continued the world’s largest exercise in democracy. The 15th general election in April-May 2009 saw the venerable Congress Party return to power with a large mandate. On the external front, although ties between India and the Obama administration have been friendly, real concerns remain about the future trajectory of Indo-U.S. relations. Relations with Pakistan and China also remain testy.


Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber 2010 University of Maryland Francis King Carey School of Law

Introduction To Law's Allure Symposium: Law And Politics - An Old Distinction, New Problems, Mark A. Graber

Faculty Scholarship

No abstract provided.


Taiwan's Anti-Corruption Strategy: Suggestions For Reform, Jon S.T. Quah 2010 University of Maryland Francis King Carey School of Law

Taiwan's Anti-Corruption Strategy: Suggestions For Reform, Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

No abstract provided.


Taiwan's 2010 Metropolitan City Elections: An Assessment Of Taiwan's Politics And A Predictor Of Future Elections, John F. Copper 2010 University of Maryland Francis King Carey School of Law

Taiwan's 2010 Metropolitan City Elections: An Assessment Of Taiwan's Politics And A Predictor Of Future Elections, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.


Seeking Common Ground: A Secular Statement, Bruce Ledewitz 2010 Duquesne University

Seeking Common Ground: A Secular Statement, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz 2010 Duquesne University

The New New Secularism And The End Of The Law Of The Separation Of Church And State, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee 2010 Syracuse University

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …


Israel's Air Strike Upon The Iraqi Nuclear Reactor, Anthony D'Amato 2010 Northwestern University School of Law

Israel's Air Strike Upon The Iraqi Nuclear Reactor, Anthony D'Amato

Faculty Working Papers

The destructive potential of nuclear weapons is so enormous as to call into question any and all received rules of international law regarding the trans-boundary use of force. Many of the old rationales for these rules no longer apply. At the same time, the shared values underlying the rules apply more emphatically than ever, for the stake is global survival. I have tried to suggest some of the questions that must be asked about as apparently "simple" an incident as the Israeli attack on the nuclear reactor in Iraq.


International Law From A Machiavellian Perspective, Anthony D'Amato 2010 Northwestern University School of Law

International Law From A Machiavellian Perspective, Anthony D'Amato

Faculty Working Papers

Machiavelli leaves one with both an optimistic and a pessimistic prognostication for the post-Cold War world. On the one hand, the end of that conflict has opened the way for the spread of liberal, constitutional regimes, which he would say are inclined to be more and more meticulous in honoring their commitments. On the other, the temptation to use force to create new facts and thereby force international law into new paths will remain as long as politics is practiced. The contemporary relevance of Machiavelli may be seen in that he urged both realities upon us. I focus on a …


Getting On The List: Politics And Procedural Maneuvering In Cites Appendix I And Ii Decisions For Commercially Exploited Marine And Timber Species, Melissa Blue Sky 2010 American University Washington College of Law

Getting On The List: Politics And Procedural Maneuvering In Cites Appendix I And Ii Decisions For Commercially Exploited Marine And Timber Species, Melissa Blue Sky

Sustainable Development Law & Policy

No abstract provided.


Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider 2010 American University Washington College of Law

Political Genocide In Latin America: The Need For Reconsidering The Current Internationally Accepted Definition Of Genocide In Light Of Spanish And Latin American Jurisprudence , Howard Shneider

American University International Law Review

No abstract provided.


Buying Into Prisons, And Selling Kids Short, Lizbet Simmons 2010 San Francisco State University

Buying Into Prisons, And Selling Kids Short, Lizbet Simmons

The Modern American

No abstract provided.


Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson 2010 American University Washington College of Law

Personal Essay: My Ordeal Of Regaining Voting Rights In Virginia, Frank Anderson

The Modern American

No abstract provided.


Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn 2010 American University Washington College of Law

Conference Highlight: Fifteenth Annual Lat.Crit. Conference, Alex Bernshteyn

The Modern American

No abstract provided.


Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace 2010 American University Washington College of Law

Commentary: Environmental Justice And The Bp Oil Spill: Does Anyone Care About The "Small People" Of Color?, Perry Wallace

The Modern American

No abstract provided.


The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams 2010 UIC School of Law

The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams

UIC Law Review

No abstract provided.


Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan 2010 UIC School of Law

Comment On Victor's Justice & The Viability Of Ex Ante Standards, 43 J. Marshall L. Rev. 569 (2010), Rod Rastan

UIC Law Review

No abstract provided.


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