All Articles tagged Democracy

• State Constitutional Commentary
  September 13, 2019 EDT
  RESULTS FROM THE LABORATORIES OF DEMOCRACY: EVALUATING THE SUBSTANTIVE OPEN COURTS CLAUSE AS FOUND IN STATE CONSTITUTIONS
  Patrick John McGinley

  Is the Substantive Open Court Clause experiment a success? Have the laboratories of democracy shown that the Substantive Open Courts Clause is worthy of adoption on a national level?

• General
  April 08, 2016 EDT
  A CONSTITUTIONAL THEORY OF IMPERATIVE PARTICIPATION: DELEGATED RULEMAKING, CITIZENS’ PARTICIPATION AND THE SEPARATION OF POWERS DOCTRINE
  Dominik Steiger

  The United States Constitution’s implicit rules on participation will be made explicit in this article.

• Justice Commentaries
  August 03, 2015 EDT
  MAKE THEM HEAR YOU: PARTICIPATORY DEFENSE AND THE STRUGGLE FOR CRIMINAL JUSTICE REFORM
  Janet MooreMarla SandysRaj Jayadev

  This article introduces participatory defense as a powerful new model for reforming public defense and challenging mass incarceration.

• Justice Commentaries
  August 03, 2015 EDT
  MAKE THEM HEAR YOU: PARTICIPATORY DEFENSE AND THE STRUGGLE FOR CRIMINAL JUSTICE REFORM
  Janet MooreMarla SandysRaj Jayadev

  This article introduces participatory defense as a powerful new model for reforming public defense and challenging mass incarceration.

• Justice Commentaries
  October 16, 2014 EDT
  COMPARING INJUSTICES: TRUTH, JUSTICE, AND THE SYSTEM
  Ralph Grunewald

  This article examines the gap between the German criminal justice system in theory and how it works in reality, using the Rupp case as an example.

• State Constitutional Commentary
  September 23, 2013 EDT
  A JUDICIAL TRADITIONALIST CONFRONTS UNIQUE QUESTIONS OF STATE CONSTITUTIONAL LAW ADJUDICATION
  Robert P. Young Jr.

  This perspective illustrates how the Michigan Supreme Court has applied principles of constitutional interpretation in recent cases interpreting the direct democracy provisions of the Michigan Constitution.

• General
  January 01, 2013 EDT
  THE DEMOCRATIC MISSION OF THE UNIVERSITY
  Owen Fiss

  This essay describes the role that universities play in promoting enlightenment and, by extension, democracy.

• General
  March 03, 2010 EDT
  AFTER THE STORM: UNMASKING PUBLICLY-TRADED, PRIVATE EQUITY FIRMS TO CREATE VALUE THROUGH SHAREHOLDER DEMOCRACY
  Trevor M. Gomberg

  This comment concludes that private equity firms which choose to conduct an IPO should implement shareholder democracy.

• General
  May 08, 2009 EDT
  VISIBILITY, ACCOUNTABILITY AND DISCOURSE AS ESSENTIAL TO DEMOCRACY: THE UNDERLYING THEME OF ALAN DERSHOWITZ’S WRITING AND TEACHING
  Alan M. Dershowitz

  Alan Dershowitz analyzes his single, articulable theme in his legal writing and aims to show how it pervaded his writing and teaching.

• State Constitutional Commentary
  May 05, 2007 EDT
  THE ORIGINAL INTENT AND CURRENT OPERATION OF DIRECT DEMOCRATIC INSTITUTIONS
  John Dinan

  This article examines the expectations of early proponents of direct democracy and whether initiative process has fulfilled these original expectations.

• State Constitutional Commentary
  May 05, 2007 EDT
  OUT OF THE BOTTLE: THE GENIE OF DIRECT DEMOCRACY
  K.K. Duvivier

  This article argues that while direct democracy is subject to the corrupting influences like money, citizen voters are motivated to use the iniative to regain its integrity.