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Articles 1 - 23 of 23

Full-Text Articles in Social and Behavioral Sciences

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley Jan 2017

A Taxonomy Of Independent Electoral Reapportionment Systems, James Ruley

Indiana Journal of Constitutional Design

This paper addresses a means of checking legislative gerrymandering, which I have called the Independent Electoral Reapportionment Commission (IERC). Its purpose is to prevent self-interested politicians from drawing biased constituency lines. While scholars have researched gerrymandering, few scholars have researched commissions designed to limit such gerrymandering, and no comprehensive work details the global means of accomplishing this goal.

Thus, the purpose of this paper is not to normatively prescribe the best practices for composing and empowering an IERC, but rather to descriptively show how different countries conduct this process. While Part II makes some determinations about which commissions may conceptually ...


Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon Aug 2016

Pathways To Leadership: Four Women's Journeys To The Peace Negotiation Table In The Fight For Democracy In Burma, Brittany Shelmon

Indiana Journal of Constitutional Design

No abstract provided.


The Voice Of The People: Public Participation In The African Continent, Rafael Macia Aug 2016

The Voice Of The People: Public Participation In The African Continent, Rafael Macia

Indiana Journal of Constitutional Design

Public participation is becoming a more common characteristic of constitutional drafting processes around the world, and Africa has not been an exception in this regard. This paper seeks to survey several of the public participation processes undertaken in a number of African nations, in order to examine the methods followed and the effects produced by such processes. For that purpose, I have analyzed the constitutional drafting efforts in South Africa, Uganda, Eritrea, Zimbabwe, Rwanda, Kenya, and Egypt. These processes all show different circumstances and approaches, with variations in terms of their top-down or bottom-up nature, and, more importantly, in terms ...


Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra Jan 2013

Book Review. Tax And Spend: The Welfare State, Tax Politics, And The Limits Of American Liberalism By Molly C. Michelmore, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra Jan 2012

Book Review. Pollack, S. D., War, Revenue, And State Building: Financing The Development Of The American State, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske Jan 2012

On Tax Increase Limitations: Part Ii -- Evasion And Transcendence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the second of a series, we continue our evaluation of state Tax Increase Limitations (TILs) – special rules that limit state legislatures’ ability to raise taxes, such as by requiring supermajority votes. We analyze two strategies whereby majority parties can evade TILs to the extent they so desire. We further argue that these strategies have some positive normative features. The strategies designed to evade TILs may ultimately lead toward a more effective means for controlling the size of state government than TILs themselves are able to provide.


On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske Jan 2011

On Tax Increase Limitations: Part I -- A Costly Incoherence, David Gamage, Darien Shanske

Articles by Maurer Faculty

In this essay, the first of a series, we explore the theoretical implications of one particular type of fiscal limitation on state legislatures - namely, special rules limiting tax increases. In this first essay we will explore the analytic soundness of these tax increase limitations (TILs). In future essays in this series we will analyze some of the consequences of TILs and in particular how they can be 'evaded.' We will argue over the course of this series of essays that because there is no meaningful content to the term 'tax increase' as it is used in TILs, legislative majorities that ...


Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown Jan 2009

Foreward: President Barack Obama Law & Policy Symposium, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Models In Social Science: A Review Of Law And Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt Jan 2004

Models In Social Science: A Review Of Law And Public Policy: A Socioeconomic Approach, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

No abstract provided.


The Changing Shape Of Government, Alfred C. Aman, Steve Savas, Elliott Sclar, Lester Salamon, Charles Sabel Jan 2001

The Changing Shape Of Government, Alfred C. Aman, Steve Savas, Elliott Sclar, Lester Salamon, Charles Sabel

Articles by Maurer Faculty

Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in ...


Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan Jan 2001

Public Interest Litigation In A Comparative Context, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.


Rhetoric, Reality, And The Law Of Unfunded Federal Mandates, Daniel H. Cole, Carol S. Comer Jan 1997

Rhetoric, Reality, And The Law Of Unfunded Federal Mandates, Daniel H. Cole, Carol S. Comer

Articles by Maurer Faculty

No abstract provided.


Development And Diversification In Administrative Rule Making, Ralph F. Fuchs Jan 1977

Development And Diversification In Administrative Rule Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Disqualification For Bias- Indiana In Prespective, John Philip Updike Apr 1975

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the ...


A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham Jan 1970

A Model Of Criminal Process: Game Theory And Law, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.


The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs Jan 1969

The New Administrative State: Judicial Sanction For Agency Self-Determination In The Regulation Of Industry, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Participatory Democracy And The Public Hearing: A Functional Approach, Sheldon J. Plager Jan 1969

Participatory Democracy And The Public Hearing: A Functional Approach, Sheldon J. Plager

Articles by Maurer Faculty

No abstract provided.


The Politics Of Planning For Urban Redevelopment: Strategies In The Manipulation Of Public Law, Sheldon J. Plager, Joel F. Handler Jan 1966

The Politics Of Planning For Urban Redevelopment: Strategies In The Manipulation Of Public Law, Sheldon J. Plager, Joel F. Handler

Articles by Maurer Faculty

In this article Professors Plager and Handler examine the influence of legal process upon decision making in municipal redevelopment. Their thesis is that public acceptance of a redevelopment venture depends primarily on the command of political and planning skills and occurs despite rather than because of legal procedures designed to accommodate principles of democracy. Partly through the method of a case study of recent data collected from one municipality, partly by comparative analysis with other studies, they conclude that the reality of decision making in the region they explore is the predominance of informal power over formal, democratic, legal decision-making ...


Agency Development Of Policy Through Rule-Making, Ralph F. Fuchs Jan 1965

Agency Development Of Policy Through Rule-Making, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Kaysen, C. And Turner, D.F., Antitrust Policy: An Economic And Legal Analysis, Ralph F. Fuchs Jan 1960

Book Review. Kaysen, C. And Turner, D.F., Antitrust Policy: An Economic And Legal Analysis, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs Jan 1953

Book Review. Stein, H. (Ed.), Public Administration And Policy Development: A Case Book, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Legal Education And The Public Interest, 1948, Ralph F. Fuchs Jan 1948

Legal Education And The Public Interest, 1948, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Regional Plan Of New York And Its Environs Vol. Ii, Frank Edward Horack Jan 1929

Book Review. Regional Plan Of New York And Its Environs Vol. Ii, Frank Edward Horack

Articles by Maurer Faculty

No abstract provided.