| Author | Title | Citation | Summary | Year | Key Terms |
| Bruce A. Green |
ACCESS TO CRIMINAL JUSTICE: WHERE ARE THE PROSECUTORS? |
3 Texas A&M Law Review 515 (Spring 2016) |
When the organized bar talks about access to justice, it tends to look exclusively at civil justice and to emphasize the need for lawyers in civil cases. This overlooks criminal justice and the essential role of lawyers in working to secure it. When the organized bar promotes criminal justice, it is typically circumspect about prosecutors'... |
2016 |
|
| Burt Neuborne , Bebe Anderson , Peggy Cooper Davis , Richard Blum |
ACHIEVING RESULTS - LESSONS FROM CIVIL RIGHTS MOVEMENTS: TRANSCRIPT |
19 NYU Journal of Legislation and Public Policy 509 (2016) |
This panel contextualized the LGBTQIA movement as one of a number of attempts to use courts, legislatures, organizing, and other means of advocacy to achieve social change. The panel facilitated a conversation among experts on different social-change movements--including those for racial, gender, and economic equality--to examine how these other... |
2016 |
|
| Elise C. Boddie |
ADAPTIVE DISCRIMINATION |
94 North Carolina Law Review 1235 (May, 2016) |
This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... |
2016 |
|
| Benjamin Lowndes , Sharon Press |
ALLY-SHIP AND DISPUTE RESOLUTION PRACTITIONERS: A CONTINUUM |
42 Mitchell Hamline Law Review 1572 (2016) |
I. Introduction: How We Got Here. 1573 A. Sharon Press. 1573 B. Benjamin Lowndes. 1578 C. Together. 1580 II. Ally-Ship. 1581 A. Definitions of Ally-ship. 1581 B. Snapshots of Ally-ship. 1581 1. Abraham Joshua Heschel. 1581 2. Same-Sex Marriage Statutes. 1582 3. Minnesota Advertisement. 1583 III. Conflict Resolution Practitioners as Allies. 1584 A.... |
2016 |
|
| Khaled A. Beydoun, Associate Professor of Law at the University of Detroit Mercy School of Law; Affiliated Faculty, University of California, Berkeley Islamophobia Research and Documentation Project |
AMERICA, ISLAM, AND CONSTITUTIONALISM: MUSLIM AMERICAN POVERTY AND THE MOUNTING POLICE STATE |
31 Journal of Law and Religion 279 (November, 2016) |
The Cambridge Companion to American Islam. Edited by Julianne Hammer and Omar Safi. New York: Cambridge University Press, 2013. Pp. 386. $34.99 (paper). ISBN: 9780521175524. On the Muslim Question. By Anne Norton. Princeton: Princeton University Press, 2013. Pp. 288. $28.99 (cloth). ISBN: 978-0691157047. What Is an American Muslim? Embracing Faith... |
2016 |
|
| Jessica DuBois , Sharon Press |
AN INTENTIONAL CONVERSATION ABOUT PUBLIC ENGAGEMENT AND DECISION-MAKING: MOVING FROM DYSFUNCTION AND POLARIZATION TO DIALOGUE AND UNDERSTANDING |
42 Mitchell Hamline Law Review 1439 (2016) |
The Dispute Resolution Institute (DRI) was founded in 1991 under the leadership of Bobbi McAdoo and its first symposium, Moving to the Next Level in Transformative Mediation: Practice, Research and Policy, was held in 1999. Over the course of the next sixteen years, DRI developed and refined a particular methodology for its symposia, captured by... |
2016 |
|
| |
Around the Nation |
18 Student Discipline Law Bulletin 4 (October 1, 2016) |
The superintendent of the Buckeye Union School District apologized to a student and her mother for prohibiting her from wearing a Black Lives Matter shirt to school. The student, M.H., wore a Black Lives Matter T-shirt to school and was harassed by other students, who told her Black lives dont matter, and that shirt is meaningless. She told... |
2016 |
|
| |
Around The Nation |
33 Law Enforcement Employment Bulletin 7 (September 1, 2016) |
The California Board of State and Community Corrections (BSCC) has awarded the Long Beach Police Department $600,000 in funding, which will go toward bolstering relationships between the police and the local community, reported Gazettes recently. For instance, the grant money will be applied toward initiatives focused on building trust and... |
2016 |
|
| Patricia J. Williams |
BABIES, BODIES AND BUYERS |
33 Columbia Journal of Gender and Law 11 (2016) |
In the thirty-five years since I began my career in legal education, much about the status of women, gender and sexuality has changed. There are the obvious triumphs: more female students, faculty and deans--as well as more bathrooms for more kinds of people than just men. Life is less lonely now, and conversation more intersectional. There is... |
2016 |
|
| Khaled A. Beydoun |
BETWEEN INDIGENCE, ISLAMOPHOBIA, AND ERASURE: POOR AND MUSLIM IN "WAR ON TERROR" AMERICA |
104 California Law Review 1463 (December, 2016) |
Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... |
2016 |
|
| Lauren M. Ouziel |
BEYOND LAW AND FACT: JURY EVALUATION OF LAW ENFORCEMENT |
92 Notre Dame Law Review 691 (December, 2016) |
Criminal trials today are as much about the adequacy and legitimacy of the defendant's accusers--police and prosecutors--as the alleged deeds of the accused. Yet we lack theory to conceptualize this reality, doctrine to set its parameters, and institutional mechanisms to adapt to it. The traditional framework used by courts and scholars to... |
2016 |
|
| Kayleigh E. Butterfield |
BEYOND THE FIRST AMENDMENT: BROADER PROTECTIONS FOR A CITIZEN'S RIGHT TO RECORD |
51 Wake Forest Law Review 1203 (Winter 2016) |
I can't breathe. I can't breathe. I can't breathe. For members of the public paying even the slightest bit of attention to the news over the past few years, those words are immediately recognizable as the last words of forty-three-year-old Eric Garner. In a video released mere days after the actual incident, police officers can be seen talking to... |
2016 |
|
| Nancy E. Dowd |
BLACK BOYS MATTER: DEVELOPMENTAL EQUALITY |
45 Hofstra Law Review 47 (Fall, 2016) |
[T]he question of how one should live within a black body, within a country lost in the Dream, is the question of my life .. --Ta-Nehisi Coates The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one's own drive and talent. But for Black boys, this is not the... |
2016 |
|
| |
Black caucus issues call to action |
(July 8, 2016) |
Black Democrats on Capitol Hill are pressing Republicans and the White House to take greater steps to rein in gun violence following a string of high-profile shootings this week, all involving police. |
2016 |
|
| R.A. Lenhardt |
BLACK CITIZENSHIP THROUGH MARRIAGE? REFLECTIONS ON THE MOYNIHAN REPORT AT FIFTY |
25 Southern California Interdisciplinary Law Journal 347 (Spring 2016) |
I. Introduction: Black Citizenship Through Marriage? II. Unpacking The Moynihan Report's Account of Marriage and Black Citizenship III. Black Marriage inequality in the Age of Obergefell IV. Why NonmaritaL Black Families Matter V. Conclusion: The Place of Black Families in the New Movement for Civil Rights What are the necessary conditions for full... |
2016 |
|
| M Adams , Max Rameau |
BLACK COMMUNITY CONTROL OVER POLICE |
2016 Wisconsin Law Review 515 (2016) |
The Moment: From Uprising to Organizing. 515 I. Principles & Objectives. 518 II. Analysis. 520 A. Root Issue Versus Surface Issue. 520 B. Domestic Colonies: The Police as an Occupying Force. 521 C. Racial Prejudice Is Not the Problem. 524 1. Individual Racist Police. 524 2. End the Occupation and Shift Power. 525 III. The Proposition. 528 A. A... |
2016 |
|
| Andrea L. Dennis |
BLACK CONTEMPORARY SOCIAL MOVEMENTS, RESOURCE MOBILIZATION, AND BLACK MUSICAL ACTIVISM |
79 Law and Contemporary Problems 29 (2016) |
In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country's attention. Multiple groups are pressing for change, including... |
2016 |
|
| Alexander Bolton |
Black Democrats to Obama: Pick Lynch for Supreme Court |
2016 The Hill 777235 (February 27, 2016) |
Black lawmakers in Congress are urging President Obama to make history by nominating Attorney General Loretta Lynch to the Supreme Court. |
2016 |
|
| Mary Crossley |
BLACK HEALTH MATTERS: DISPARITIES, COMMUNITY HEALTH, AND INTEREST CONVERGENCE |
22 Michigan Journal of Race and Law 53 (Fall, 2016) |
Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... |
2016 |
|
| Devon W. Carbado |
BLUE-ON-BLACK VIOLENCE: A PROVISIONAL MODEL OF SOME OF THE CAUSES |
104 Georgetown Law Journal 1479 (August, 2016) |
This Article offers a theoretical model that explains the persistence of what I will call blue-on-black violence. Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes African... |
2016 |
|
| V. Noah Gimbel |
BODY CAMERAS AND CRIMINAL DISCOVERY |
104 Georgetown Law Journal 1581 (August, 2016) |
As police departments nationwide operate under increasing public scrutiny following numerous high-profile instances of excessive and often lethal force against unarmed African-Americans and Latinos, calls for greater accountability have been nearly unanimous in supporting the use of Body-Worn Cameras (BWCs) by police officers. On September 21,... |
2016 |
|
| Jonathan Oberman , Kendea Johnson |
BROKEN WINDOWS: RESTORING SOCIAL ORDER OR DAMAGING AND DEPLETING NEW YORK'S POOR COMMUNITIES OF COLOR? |
37 Cardozo Law Review 931 (February, 2016) |
On February 8, 2014, with the temperature below freezing, two New York City Police Department (NYPD) officers performing a routine vertical patrol found Jerome Murdough, a homeless 56-year-old Marine veteran with a diagnosed history of mental illness, sleeping in a stairwell near the roof of an East Harlem housing project. Instead of taking him... |
2016 |
|
| Dayne Lee |
BUNDLING "ALT-LABOR": HOW POLICY REFORM CAN FACILITATE POLITICAL ORGANIZATION IN EMERGING WORKER MOVEMENTS |
51 Harvard Civil Rights-Civil Liberties Law Review 509 (Summer, 2016) |
Young voters--particularly low-income, minority, and immigrant workers--have virtually no impact on policymaking. However, young workers could increase their influence through political organization. Labor unions are the most powerful political vehicles available to low- and middle-income citizens because they bundle economic and political... |
2016 |
|
| Tracey L. Meares |
BURYING THE LEDE: WHY TEACHING THE DUE PROCESS CASES IS CRITICAL TO INVESTIGATIONS IN CRIMINAL PROCEDURE |
60 Saint Louis University Law Journal 497 (Spring 2016) |
When teaching the basic criminal procedure class on police practices--the course that covers the Fourth, Fifth, and small portions of the Sixth Amendments--the conventional wisdom is that one should address Mapp v. Ohio at or near the beginning of the course. The reason is not particularly mysterious. Mapp held that the exclusionary rule is an... |
2016 |
|
| Michael Haber |
CED AFTER #OWS: FROM COMMUNITY ECONOMIC DEVELOPMENT TO ANTI-AUTHORITARIAN COMMUNITY COUNTER-INSTITUTIONS |
43 Fordham Urban Law Journal 295 (March, 2016) |
Introduction. 297 I. CED: From Grassroots Antipoverty Movement to the Non-Profit Industrial Complex. 301 A. A Brief History of CED and CED Law. 303 1. The Birth of Contemporary CED in the 1960s. 303 2. The Emergence of CED Law. 306 3. Transition in the 1970s. 307 4. Market-Based CED in the 1980s and 1990s. 308 5. CED Law in the 1980s and 1990s.... |
2016 |
|
| Michael W. Unger |
CHANGE HAPPENS. AND THAT'S GOOD. |
73-APR Bench and Bar of Minnesota 5 (April, 2016) |
I am a lifelong Minnesotan. I have lived in the Twin Cities since infancy. I went to public schools in a large suburban district. Almost everyone in my world looked like me and spoke English--my relatives, my neighbors, my friends, my teachers, the folks who worked in the gas station, stores and restaurants, the political leaders, the police, the... |
2016 |
|
| David Thacher |
CHANNELING POLICE DISCRETION: THE HIDDEN POTENTIAL OF FOCUSED DETERRENCE |
2016 University of Chicago Legal Forum 533 (2016) |
The breadth of the criminal law and the unfettered discretion it creates are among the most significant challenges facing American criminal justice today. These twin problems have a particularly corrosive effect on policing, where they lay the foundations for many of the most prominent flashpoints for community anger, including intensive police... |
2016 |
|
| |
CHAPTER 27 • GOVERNMENT AND PRIVATE SECTOR INNOVATION |
2016 ABA Environment, Energy, and Resources Law: The Year in Review 353 (2016) |
The United States power grid connects energy producers and consumers throughout the nation. The grid is comprised of three large interconnected systems: the Eastern Connection, the Western Connection, and the Rocky Mountain Section. Today, the grid must meet mandatory reliability standards developed and enforced by the North American Reliability... |
2016 |
|
| Wendy A. Bach, Lucy Jewel |
CLASSCRITS VIII: NEW SPACES FOR COLLABORATION AND CONTEMPLATION |
45 Southwestern Law Review 779 (2016) |
Emerging Coalitions: Challenging the Structures of Inequality was the title of the eighth ClassCrits conference which took place on October 23-24, 2015, at the University of Tennessee College of Law. The Southwestern Law Review and the Tennessee Journal of Race, Gender, and Social Justice have graciously agreed to publish selected papers... |
2016 |
|
| Eduardo R.C. Capulong |
CLIENT AS SUBJECT: HUMANIZING THE LEGAL CURRICULUM |
23 Clinical Law Review 37 (Fall, 2016) |
Clients are notoriously absent in the legal curriculum. And even in clinical instruction, we undertake, at best, an eclectic study of the client as subject. In this essay, the author examines the treatment of clients, in particular subordinated clients, in legal study and proposes organizing disparate strands of practice and scholarship into a... |
2016 |
|
| Maxine Burkett |
CLIMATE DISOBEDIENCE |
27 Duke Environmental Law and Policy Forum 1 (Fall, 2016) |
In sharp contrast to the flurry of legal and policy-oriented efforts of years past, climate activists today employ protest and nonviolent civil disobedience to advance their agenda for rapid and ambitious mitigation and adaptation. In so doing, activists make explicit references to the storied past of defining social movements in American... |
2016 |
|
| Jonathan M. Smith |
CLOSING THE GAP BETWEEN WHAT IS LAWFUL AND WHAT IS RIGHT IN POLICE USE OF FORCE JURISPRUDENCE BY MAKING POLICE DEPARTMENTS MORE DEMOCRATIC INSTITUTIONS |
21 Michigan Journal of Race and Law 315 (Spring 2016) |
No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. --Union Pacific Railroad Co. v. Botsford I can't breathe. --Eric Garner... |
2016 |
|
| Charles R. Epp |
COMMENTARY ON CARROLL SERON'S PRESIDENTIAL ADDRESS: TAKING POLICY SERIOUSLY |
50 Law and Society Review 40 (March, 2016) |
The law and society movement has abandoned most of its problem-solving emphasis. What it has is, first of all, a hunger to describe and explain, more or less divorced from problem-solving in its crudest sense. Lawrence Friedman, The Law and Society Movement, 1986 Your emphasis on the theoretical, nonpractical orientation of law-and-society... |
2016 |
|
| Nancy D. Polikoff |
CONCORD WITH WHICH OTHER FAMILIES?: MARRIAGE EQUALITY, FAMILY DEMOGRAPHICS, AND RACE |
164 University of Pennsylvania Law Review Online 99 (2016) |
Lesbian and gay parents figured prominently in two decades of litigation concerning marriage equality, and Obergefell v. Hodges was no exception. Although only 16-18% of same-sex couples are raising children, about 69% of the plaintiff couples in the combined cases that made up Obergefell were parents. This disproportionate number was the... |
2016 |
|
| Kate Andrias |
CONFRONTING POWER IN PUBLIC LAW |
130 Harvard Law Review Forum 1 (November, 2016) |
In his important and provocative Foreword, Professor Daryl Levinson criticizes American constitutional law for failing to attend sufficiently to questions of power, which he defines as the ability to effect substantive policy outcomes by influencing what the government will or will not do. As Levinson details, structural constitutional law has... |
2016 |
|
| Allegra M. McLeod |
CONFRONTING THE CARCERAL STATE |
104 Georgetown Law Journal 1405 (August, 2016) |
In August 2014, Michael Brown, an unarmed African-American teenager, was killed by a white police officer. The young man's body lay for hours at mid-day on a residential street, with multiple gun shot wounds to his head, chest, and arm. In the months that followed, police choked Eric Garner to death on a sidewalk in Staten Island, gunned down Tamir... |
2016 |
|
| Bill Ong Hing |
CONTEMPLATING A REBELLIOUS APPROACH TO REPRESENTING UNACCOMPANIED IMMIGRANT CHILDREN IN A DEPORTATION DEFENSE CLINIC |
23 Clinical Law Review 167 (Fall, 2016) |
In response to the surge of unaccompanied immigrant children at the border in the summer of 2014, I expanded my pro bono work with students and started a law school deportation defense clinic. With the hard work of a full-time immigration attorney and a paralegal, the Clinic has attracted three to four students each semester (including summers) who... |
2016 |
|
| Josephine Ross |
COPS ON TRIAL: DID FOURTH AMENDMENT CASE LAW HELP GEORGE ZIMMERMAN'S CLAIM OF SELF-DEFENSE? |
40 Seattle University Law Review 1 (Fall, 2016) |
C1-2Contents Introduction: Police Privilege. 1 I. Supreme Court Case Law that Characterizes Police Aggression as Benign. 8 A. Chasing Civilians and Other Nonaggressive Behaviors. 9 B. Supreme Court Tolerance of Racial Profiling. 15 II. The Invisible Hand of the Supreme Court in George Zimmerman's Murder Trial. 20 A. Evidence Presented to Prove... |
2016 |
|
| Jocelyn Simonson |
COPWATCHING |
104 California Law Review 391 (April, 2016) |
This Article explores the phenomenon of organized copwatching--groups of local residents who wear uniforms, carry visible recording devices, patrol neighborhoods, and film police-citizen interactions in an effort to hold police departments accountable to the populations they police. The Article argues that the practice of copwatching illustrates... |
2016 |
|
| Deidré A. Keller |
COPYRIGHT TO THE RESCUE: SHOULD COPYRIGHT PROTECT PRIVACY? |
20 UCLA Journal of Law & Technology 1 (Spring, 2016) |
L1-2Table of Contents I. Introduction. 1 II. Recent Privacy Cases Brought Under the Guise of Copyright Claims. 3 III. Privacy Law, In Brief. 7 A. General Principles. 7 i. Privacy is Personal. 8 ii. The Privacy Tort and the Constitutional Right to Privacy are Distinct. 8 B. Constitutional Protections. 8 i. Decisional Privacy. 9 ii. Reasonable... |
2016 |
|
| Deborah M. Weissman |
COUNTERING NEOLIBERALISM AND ALIGNING SOLIDARITIES: RETHINKING DOMESTIC VIOLENCE ADVOCACY |
45 Southwestern Law Review 915 (2016) |
This article seeks to situate domestic violence in a larger analytical frame of the political economic, to extend institutional responsibility for violence beyond the criminal justice system, and to form common bonds with other social justice initiatives. It argues that improved remedies for domestic violence victims lie within the reform of the... |
2016 |
|
| Lua Kamál Yuille |
CREATING A BABEL FISH FOR RIGHTS & RELIGION: DEFINING 'RIGHTS' THROUGH SACRED TEXTS |
25 Transnational Law & Contemporary Problems 309 (Summer 2016) |
Is there a way to reconcile the seemingly competing claims of human rights and religious faith? Or must religion modify itself to comply with and support secular universal human rights regimes? Using the scripture of the Bahá'í Faith as a case study, this Article takes up these questions to define the religious conception of rights. It argues that... |
2016 |
|
| Michael A. McCall , Madhavi M. McCall , Christopher E. Smith |
CRIMINAL JUSTICE AND THE 2014-2015 UNITED STATES SUPREME COURT TERM |
61 South Dakota Law Review 242 (2016) |
For many, the 2014-2015 Term of the United States Supreme Court will be all but synonymous with the Court's holding in Obergefell v. Hodges for years to come. With that landmark decision, the Court extended constitutional protections to an untold number of same-sex couples, renewed debate regarding states' rights in our system of federalism,... |
2016 |
|
| Deborah Tuerkheimer |
CRIMINAL JUSTICE FOR ALL |
66 Journal of Legal Education 24 (Autumn, 2016) |
This is a critical juncture for criminal law scholarship. It is not hyperbolic to assert that our criminal justice system is very much in crisis. Just as important, this crisis is widely acknowledged outside of the legal academy--so much so that, notwithstanding meaningful variation in how the problem is diagnosed, we see almost universal agreement... |
2016 |
|
| Barry H. Dyller |
CRIPPLING THE KLAN THE LYNCHING: THE EPIC COURTROOM BATTLE THAT BROUGHT DOWN THE KLAN LAURENCE LEAMER HARPER COLLINS WWW.HARPERCOLLINS.COM 384 PP., $27.99 |
52-NOV Trial 58 (November, 2016) |
The Lynching, by Laurence Learner, is compelling for both lawyers and nonlawyers. Although the book is based on historical events, it reads like a novel. The book revolves around the lynching of Michael Donald in Alabama by the Ku Klux Klan (KKK) in 1981 and the legal battle that followed. But the book is about much more. Learner also tells the... |
2016 |
|
| Richard Delgado , Jean Stefancic |
CRITICAL PERSPECTIVES ON POLICE, POLICING, AND MASS INCARCERATION |
104 Georgetown Law Journal 1531 (August, 2016) |
C1-2Table of Contents Introduction. 1532 I. The New Jim Crow on Police and Policing. 1535 II. Imprisoned in a Black-White Paradigm of Race: Recent Scholarship That Fails to Take Account of a Police State. 1536 a. many jim crows: considering the experience of nonblack minority groups. 1537 b. responding to oppression: noticing alignments, crafting... |
2016 |
|
| Kim E. Clark |
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS |
45 Southwestern Law Review 795 (2016) |
I suggest that through Critical Race Theory (CRT), race can or should become the preamble to all the social justice work we do. This can be achieved by engaging in what I call oppositional cultural practice (the process of inward and outward criticism and critique that brings about a spiritual transformation that then provides space to create and... |
2016 |
|
| R. Mark Frey |
CRITICAL RACE THEORY: THE CUTTING EDGE (THIRD EDITION) EDITED BY RICHARD DELGADO AND JEAN STEFANCIC TEMPLE UNIVERSITY PRESS, PHILADELPHIA, PA, 2013. 839 PAGES, $99.50 (CLOTH), $55.95 (PAPER) |
63-APR Federal Lawyer 79 (April, 2016) |
On July 4, 1992, in Philadelphia, former Supreme Court Justice Thurgood Marshall received the Liberty Medal from the National Constitution Center, and, during his acceptance speech, he voiced frustration with our nation's failure to come to grips with race and racism: I wish I could say that racism and prejudice were only distant memories. I wish I... |
2016 |
|
| Sameer M. Ashar |
DEEP CRITIQUE AND DEMOCRATIC LAWYERING IN CLINICAL PRACTICE |
104 California Law Review 201 (February, 2016) |
The crisis in legal education has been defined and accentuated by urgent and existential critiques. This body of complaint and suggestion--in the form of books, foundation reports, law review articles, major media entries, and blog posts--has two gaping holes that this Essay seeks to fill. First, the critiques fail to attend to the diminishing of... |
2016 |
|
| Sanford Levinson , Jack M. Balkin |
DEMOCRACY AND DYSFUNCTION: AN EXCHANGE |
50 Indiana Law Review 281 (2016) |
September 29, 2015 Dear Jack, It is obviously no longer controversial that the American political system, especially at the national level, is seriously dysfunctional. Consider, for example, what are nearly the opening words--after noting that the United States Capitol is currently enfolded by scaffolding for repair of the physical building--of the... |
2016 |
|