Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 24 of 24

Full-Text Articles in Political Science

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig Jan 2018

The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig

Articles by Maurer Faculty

No abstract provided.


Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole Jan 2017

Laws, Norms, And The Institutional Analysis And Development Framework, Daniel H. Cole

Articles by Maurer Faculty

Elinor Ostrom’s Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working ...


On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage Jan 2013

On The Future Of Tax Salience Scholarship: Operative Mechanisms And Limiting Factors, David Gamage

Articles by Maurer Faculty

This Essay — written for Florida State University’s symposium on the 100th anniversary of the U.S. federal income tax — evaluates how the literature on tax salience should be advanced in order for it to better guide tax policy over the coming decades. The literature on tax salience analyzes how taxpayers account for the costs imposed by taxation when the taxpayers make decisions or judgments, both in the taxpayers’ roles as voters and as market participants. This Essay evaluates both possible operative mechanisms that might underlie observed tax salience effects and limiting factors that might prevent tax salience effects from ...


Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams Jan 2011

Democracy, Freedom Of Speech, And Feminist Theory: A Response To Post And Weinstein, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams Jan 2011

Free Speech And Autonomy: Thinkers, Storytellers, And A Systemic Approach To Speech, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem Jan 2006

Commodification And Contract Formation: Placing The Consideration Doctrine On Stronger Foundations, David Gamage, Allon Kedem

Articles by Maurer Faculty

Under the traditional consideration doctrine, a promise is only legally enforceable if it is made in exchange for something of value. This doctrine lies at the heart of contract law, yet it lacks a sound theoretical justification a fact that has confounded generations of scholars and created a mess of case law.

This article argues that the failure of traditional justifications for the doctrine comes from two mistaken assumptions. First, previous scholars have assumed that anyone can back a promise with nominal consideration if they wish to do so. We show how social norms against commodification limit the availability of ...


Book Review. When All Else Fails: Government As The Ultimate Risk Manager By David A. Moss, Ajay K. Mehrotra Jan 2006

Book Review. When All Else Fails: Government As The Ultimate Risk Manager By David A. Moss, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


The Constitutional Right To "Conservative" Revolution, David C. Williams Jan 1997

The Constitutional Right To "Conservative" Revolution, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams Jan 1993

Book Review. The Foundations Of American Citizenship: Liberalism, The Constitution, And Civic Virtue, David C. Williams

Articles by Maurer Faculty

No abstract provided.


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Jan 1992

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.


Content Discrimination And The First Amendment, Susan H. Williams Jan 1991

Content Discrimination And The First Amendment, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Book Review. Conceptual Change And The Constitution, Stephen A. Conrad Jan 1990

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad Jan 1987

Book Review. The New Right V. The Constitution; The Supreme Court And The Decline Of Constitutional Aspiration, Stephen A. Conrad

Articles by Maurer Faculty

These two books are much of a piece. Both advocate a libertarian jurisprudence of "Natural Rights"; and the rights in question are, they tell us, determinate and historic. It is primarily this distinctive historicism common to both books that I take as an invitation to consider them as a pair.


A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland Jan 1985

A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


Prospects For Federalism, Maurice J. Holland Jan 1982

Prospects For Federalism, Maurice J. Holland

Articles by Maurer Faculty

No abstract provided.


Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan Jan 1979

Conflict In Context: The Sanctioning Of Draft Resisters, 1963-76, Ilene Nagel Bernstein, John Hagan

Articles by Maurer Faculty

In this paper we examine the sanctioning of one type of political deviance, draft resistance, in two different social and political contexts: an era of coercive control and a period of cooptive control. A focus on the sanctioning of draft resisters allows a unique opportunity to examine the societal response to what the New Criminologists (Taylor et al., 1973:267) describe as the "purposive creator and innovator of action" whose crimes are the product of ". . . individual or collective action taken to Resolve... inequalities of power and interest." Our data cover a fourteen year period and consist of information obtained through ...


Radical Perceptions Of International Law And Practice, A. A. Fatouros Jan 1972

Radical Perceptions Of International Law And Practice, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Unification Of Political And Legal Theory, Jerome Hall Jan 1953

Unification Of Political And Legal Theory, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall Jan 1951

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs Jan 1948

Book Review. Waldo, D., The Administrative State: A Study Of The Political Theory Of American Public Administration, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


When Is A Political Question Justiciable?, Ivan C. Rutledge Jan 1947

When Is A Political Question Justiciable?, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.


Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall Jan 1942

Book Review. Pound, Mcilwain, And Nichols, Federalism As A Democratic Process, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Newer Social Scientists Look At Law, Ralph F. Fuchs Jan 1927

The Newer Social Scientists Look At Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Two Aspects Of Law And Liberalism In The United States, Ralph F. Fuchs Jan 1924

Two Aspects Of Law And Liberalism In The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.