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Queer/Religious Friendship In The Obama Era, Jeffrey A. Redding 2010 Saint Louis University

Queer/Religious Friendship In The Obama Era, Jeffrey A. Redding

Washington University Journal of Law & Policy

In Queer/Religious Friendship in the Obama Era, Jeff Redding delves into the politics of Proposition 8 and gay marriage more broadly. He urges self-identified queers to use their electoral defeat to reconsider both substantive political goals and coalitions. The Article rejects the conventional norms and metrics of identity politics in the U.S., which typically urge power and dignity through inclusion and accommodation of differences within mainstream institutions. Of course, in the Prop 8 debate, this means rejecting civil unions as inferior and insisting on access to marriage. Redding rejects this norm, instead contending that civil unions should be ...


Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel 2010 New York Law School

Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel

Articles & Chapters

No abstract provided.


Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju 2010 Boston College Law School

Cosmopolitanism And Constitutional Self-Government, Vlad F. Perju

Boston College Law School Faculty Papers

This paper, which was selected for presentation at the 2010 Yale/Stanford Junior Faculty Forum, articulates the theoretical steps by which self-government in a free community of equals leads constitutional analysis outside the boundaries of that political community. Openness to the experiences in self-government of other peoples is commonly assumed to undermine political legitimacy by loosing citizens’ control over their political fate. But is it possible that such openness might in fact render that control more effective? Could it actually enhance political and constitutional legitimacy? This paper articulates and defends the following claims: 1) The legitimacy of a political order ...


Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper 2010 University of Richmond

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Journal of Law and the Public Interest

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.


The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith 2010 University of Richmond

The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith

Richmond Journal of Law and the Public Interest

Virginia is not a state saddled with a reputation of ethically challenged legislators, but our part-time citizen legislature is structurally conducive to conflicts of interest. This reality was brought to the forefront in November 2009 when Delegate Phillip Hamilton resigned from the House of Delegates following revelations that he directed state appropriations into his own pocket. There is little doubt that the majority of legislators are scrupulous in their efforts to avoid such conflicts, but they must navigate treacherous waters to do so. Significant modifications to the structure and ethical standards of the General Assembly are necessary to correct this ...


The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert 2010 University of Richmond School of Law

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

University of Richmond Law Review

No abstract provided.


Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller 2010 Washington & Lee University School of Law

Clinton, Ginsburg, And Centrist Federalism, Russell A. Miller

Indiana Law Journal

This Article examines Justice Ginsburg's overlooked federalism jurisprudence and concludes that it almost perfectly complements President Bill Clinton's New Democratic centrism, especially his pro-state federalism agenda. The Article concludes that their nuanced, "centrist" approach to federalism has two characteristics. First,t hey value the states 'governing autonomy and show respect for the state agents that realize that autonomy. Second, they credit the states as intersubjective actors engaged in the pursuit of their interests, albeit in political processes usually carried out at the federal level.


The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda 2010 Mississippi College School of Law

The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda

Journal Articles

“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening ...


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 John Marshall Law School

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

The John Marshall 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 John Marshall Law School

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

The John Marshall Law Review

No abstract provided.


Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse 2010 John Marshall Law School

Second-Class Citizenship: The Tension Between The Supremacy Of The People And Minority Rights, 43 J. Marshall L. Rev. 963 (2010), Adam H. Morse

The John Marshall Law Review

No abstract provided.


The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André 2010 John Marshall Law School

The Transformation Of Freedom Of Speech: Unsnarling The Twisted Roots Of Citizens United V. Fec, 44 J. Marshall L. Rev. 69 (2010), Steven J. André

The John Marshall Law Review

No abstract provided.


Boycotting Israeli Apartheid: Practical And Ethical Questions, George Bisharat 2010 UC Hastings College of the Law

Boycotting Israeli Apartheid: Practical And Ethical Questions, George Bisharat

Faculty Scholarship

No abstract provided.


The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith 2010 University of Richmond

The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith

Richmond Public Interest Law Review

Virginia is not a state saddled with a reputation of ethically challenged legislators, but our part-time citizen legislature is structurally conducive to conflicts of interest. This reality was brought to the forefront in November 2009 when Delegate Phillip Hamilton resigned from the House of Delegates following revelations that he directed state appropriations into his own pocket. There is little doubt that the majority of legislators are scrupulous in their efforts to avoid such conflicts, but they must navigate treacherous waters to do so. Significant modifications to the structure and ethical standards of the General Assembly are necessary to correct this ...


What The Financial Services Industry Puts Together Let No Person Put Asunder: How The Gramm-Leach-Bliley Act Contributed To The 2008 - 2009 American Capital Markets Crisis, Joseph Karl Grant 2010 Florida Agricultural and Mechanical University

What The Financial Services Industry Puts Together Let No Person Put Asunder: How The Gramm-Leach-Bliley Act Contributed To The 2008 - 2009 American Capital Markets Crisis, Joseph Karl Grant

Journal Publications

The current subprime financial crisis has shaped up to be one of the most dramatic and impactful events in the past few decades. No one particular factor fully accounts for why the American economy suffered setbacks unseen since the Great Depression of the 1930s. Some of the roots of the current financial crisis started taking hold in 1999 when Congress passed the Financial Services Modernization Act, also known as the Gramm-Leach-Bliley Act. Gramm-Leach-Bliley brought about sweeping deregulation to the financial services industry. In essence, Gramm -Leach-Bliley swept away almost six decades of financial services regulation precipitated by the Great Depression ...


The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin 2010 Osgoode Hall Law School of York University

The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin

Articles & Book Chapters

Roncarelli is remembered fifty years later particularly because of Justice Rand's now iconic statement that "there is no such thing as absolute and untrammelled discretion." Justice Rand defined "untrammelled discretion" as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.In this paper, the author explores ...


What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall 2010 Georgia State University College of Law

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed), Eric J. Segall

Faculty Publications By Year

During her confirmation hearings, Justice Kagan backed away from numerous critical comments she had previously made about the nomination process. No one knows why she changed her mind but it is likely that the shift resulted more from a political calculation than a change of heart about the nature of the process. This Commentary suggests that Justice Kagan could have testified consistently with her previously expressed views and still have been confirmed.


What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall 2010 Georgia State University College of Law

What Elena Kagan Could Have & Should Have Said (& Still Have Been Confirmed): A Reply, Eric J. Segall

Faculty Publications By Year

No abstract provided.


Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance, David Fidler 2010 Indiana University Maurer School of Law

Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance, David Fidler

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009


Eastphalia As The Perfection Of Westphalia, Tom Ginsburg 2010 University of Chicago Law School

Eastphalia As The Perfection Of Westphalia, Tom Ginsburg

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009


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