Law & Society: Legislation eJournal最新文献

{"title":"From Madison to Wall Street: Assessing the Electoral Consequences of Protest on the Left","authors":"John C. Berg","doi":"10.2139/SSRN.1963835","DOIUrl":"https://doi.org/10.2139/SSRN.1963835","url":null,"abstract":"This paper compares three movements with respect to their impact on elections: the Tea Party, the pro-labor protests in Madison and other capitals, and Occupy Wall Street. Findings: 1) Both the Tea Party and the labor protests have moved directly to electoral action. 2) The Tea Party increased its influence by its willingness to sabotage Republican Party chances of victory; the labor-based insurgency, in contrast, has never opposed a Democratic incumbent. 3) Occupy Wall Street is unlikely to lead to electoral activism by its participants, but has had a major indirect influence by changing the national issue agenda.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"282 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133263319","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Mandatory Steroid Testing of High School Athletes: A Synthesis of State Initiatives and Federal Constitutional Rights","authors":"Kenneth J. Sanney, K. Christy, Shantel R. Kovar","doi":"10.2139/SSRN.1958307","DOIUrl":"https://doi.org/10.2139/SSRN.1958307","url":null,"abstract":"In an effort to protect schoolchildren from sacrificing their health for steroid-induced athletic grandeur, some states have experimented with laws implementing suspicionless drug testing of student athletes. These laws leave open several avenues for legal challenges to be brought through the prohibitions against unreasonable search and seizure found in the Fourth Amendment to the United States Constitution. Such drug testing laws, both current and future, should align the policy goals of the initiatives with the constitutional framework of the United States Supreme Court’s Fourth Amendment jurisprudence as it specifically relates to suspicionless drug testing of schoolchildren. To assist those interested in such initiatives, the authors have attempted to synthesize the state initiatives with the federal constitutional restraints upon suspicionless searches conducted by public school officials.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122194019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When Does Approval Voting Make the 'Right Choices'?","authors":"S. Brams, D. Kilgour","doi":"10.2139/ssrn.1946886","DOIUrl":"https://doi.org/10.2139/ssrn.1946886","url":null,"abstract":"We assume that a voter’s judgment about a proposal depends on (i) the proposal’s probability of being right (or good or just) and (ii) the voter’s probability of making a correct judgment about its rightness (or wrongness). Initially, the state of a proposal (right or wrong), and the correctness of a voter’s judgment about it, are assumed to be independent. If the average probability that voters are correct in their judgments is greater than ½, then the proposal with the greatest probability of being right will, in expectation, receive the greatest number of approval votes. This result holds, as well, when the voters’ probabilities of being correct depend on the state of the proposal; when the average probability that voters judge a proposal correctly is functionally related to the probability that it is right, provided that the function satisfies certain conditions; and when all voters follow a leader with an above-average probability of correctly judging proposals. However, it is possible that voters may more frequently select the proposal with the greatest probability of being right by reporting their independent judgments—as assumed by the Condorcet Jury Theorem—rather than by following any leader. Applications of these results to different kinds of voting situations are discussed.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129325111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Things You Should Care About in the New Patent Statute","authors":"Mark A. Lemley","doi":"10.2139/SSRN.1929044","DOIUrl":"https://doi.org/10.2139/SSRN.1929044","url":null,"abstract":"A brief outline of the twenty most significant changes in the new patent statute, organized by when those changes happen.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121102282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Dynamic Electoral Connection: Symbolic Representation and the Effects of Elections on Public Perception of Elected Officials","authors":"Benjamin G. Bishin, C. Murphy","doi":"10.2139/ssrn.1917766","DOIUrl":"https://doi.org/10.2139/ssrn.1917766","url":null,"abstract":"Scholars have long recognized that elections, by themselves, are not enough to ensure the vitality of democratic governance (e.g., Dahl 1971). Sham elections in authoritarian states throughout the world (e.g., Cuba, Iraq) illustrate that Madison’s claim that frequent elections are essential, also requires meaningful choice to ensure that the government has \"....an immediate dependence on, and an intimate sympathy with, the people.” (Federalist 52). For citizens’ voices to matter, they must be given a choice between candidates and they must have the capacity to evaluate them. In this paper, we investigate how elections affect the nature of non-policy representation. We focus on the behavior both of legislators and citizens to examine how, and to what extent, impending elections affect legislators’ non-policy behavior and citizens responses to such changes. To do so we employ text analysis to explain how citizens’ evaluations of their elected officials correspond with pursuit the re-election goal. We ultimately find mixed results on this idea, indicating a need for further study into the topic of election and citizens’ perceptions.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130004920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Electoral Fraud or Fraudulent Rhetoric: An Analysis of Jurisprudential and Political Arguments Over Voter Photo Identification Laws","authors":"Andrew Winerman","doi":"10.2139/ssrn.1792131","DOIUrl":"https://doi.org/10.2139/ssrn.1792131","url":null,"abstract":"This paper argues that there are consistent rhetorical frameworks employed by politicians and judges who take opposite stances on the question of whether procedural laws relating to voting should be made or be permitted to be made more stringent, versus those who want the procedural requirements left alone or made simpler. Advocates of more stringent laws emphasize the rhetoric of individual choice and capacity, while their opponents often focus on the issue of interest group balancing and differential impact of procedural voting laws on particular groups within society. These frameworks are used to illuminate the debate over controversial voter photo identification laws in both the political sphere and the legal sphere. In the latter case, the central focus is on the Supreme Court’s recent opinion in Crawford v. Marion County which upheld Indiana’s photo identification law, and whether the identified rhetorical dichotomy suggests possible room for future as-applied challenges to such laws. In addition to presenting and elaborating on the rhetorical dichotomy and its impact on the voter identification debate, this paper draws connections between that dichotomy and other voting laws, as well as the census sampling debate and Voting Rights Act litigation. It also questions whether the participants in these debates have argued in good faith.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129665418","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Transparent Elections after Citizens United","authors":"Ciara Torres-Spelliscy","doi":"10.2139/SSRN.1776482","DOIUrl":"https://doi.org/10.2139/SSRN.1776482","url":null,"abstract":"Where do disclosure laws stand post-Citizens United? What does the 2010 U.S. Supreme Court ruling mean for state-based laws? And are disclosure laws constitutionally sound?This report examines these questions and urges transparency through modest changes to state-based election laws. The report finds that recent Supreme Court decisions reaffirm the constitutionality of disclosure – and show an ongoing need to promote transparency in the money in politics realm.The first part of the report offers a primer on campaign finance laws in 2011. In case after case, the U.S. Supreme Court has upheld the constitutionality of both disclaimers and disclosures for two types of political ads: (1) independent expenditures which expressly advocate for or against a candidate and (2) electioneering communications.The second part of the report shows an urgent need for states to improve their disclosure laws in the wake of the Citizens United decision. In 24 states, new political players are now allowed into elections. Yet even in states that were not directly affected by the recent Supreme Court ruling, there is an urgent need to ensure that extant disclosure laws are in step with the way modern elections are conducted. Moreover, this report shows that states focus not only on spending by candidate committees and political parties, but also on outside spending by interest groups which is done independently of candidates or parties.The third section explores the Constitutional interests states have in providing the voting public with robust disclosure of the sources of money in politics including:•The Voter Informational Interest in Candidate Elections;•The Anti-Corruption Interest in Candidate Elections;•The Anti-Circumvention Interest in Candidate Elections;•The Electoral Integrity Interest in Ballot Initiatives; and•The Due Process Interest in Judicial Elections.Policy suggestions are laid out in part four of this report. First, mimicking the campaign finance reporting that is required in federal elections, states should adopt laws to capture the funders of independent expenditures. Second, states should adopt disclosure for electioneering communications (or what are often known as “sham issue ads”). However, these disclosure laws should be crafted carefully to avoid capturing tiny political expenditures in state elections. Third, states can consider adopting disclosure laws that are more expansive than federal laws. For example, the federal law does not currently regulate electioneering communications that appear in print. But states may have many valid reasons for requiring disclosure of non-broadcast sham issue ads.Given the expanded use of non-profits to veil political spending, states need to take a hard look at whether their current disclosure laws capture this type of spending adequately. Examples from California and Minnesota show how states might tackle this thorny issue through reporting requirements. An example from Connecticut also shows how states ma","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131614089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Lessons to Be Learned: Political Party Research and Political Party Assistance","authors":"G. Erdmann","doi":"10.2139/ssrn.1702927","DOIUrl":"https://doi.org/10.2139/ssrn.1702927","url":null,"abstract":"Generally speaking, the effects of international political party assistance are viewed nega-tively, or at least controversially. This study attributes some of the shortcomings of political party aid to the poor relationship between assistance providers and political science party research. They simply operate in different worlds. Party assistance lacks clear-cut concepts and strategies in practice, which makes it difficult to adequately evaluate it. At issue is its “standard method,” with its “transformative” intention to change the party organization of the assistance receivers. At the same time, the scholarship on political parties can provide only limited help to assistance providers due to its own conceptual and methodological re-strictions, such as the Western European bias underlying its major concepts, the predomi-nance of a functionalist approach, and the scant empirical research on political parties out-side of Europe and the US. Taking a cue from recent political party research, we could begin to question the overarching role of political parties in the transition and consolidation proc-ess of new democracies. Other research findings emphasize the coexistence of different types of party organizations, and the possibility of different organizational developments, which might all be consistent with consolidating democracy. All this suggests the necessity of aban-doning the controversial aim of the “transformative impact” of political party aid.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134368568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Is There a Democratic Premium? Elections and Financial Markets in Emerging Economies","authors":"J. Santiso, Emmanuel Frot","doi":"10.2139/SSRN.1690381","DOIUrl":"https://doi.org/10.2139/SSRN.1690381","url":null,"abstract":"We explore whether elections have an effect on portfolio flows only when they create political uncertainty. Such findings give policymakers some room of maneuver. Political uncertainty can be quickly resolved and portfolio flows return to previous levels within an average of eight months after an election. While this is a relatively short period, the economic costs may still be substantial, the worsening around election times being frequently severe, at least in the 1990s decade.Politicians can take steps to reduce political uncertainty, by making their intentions clear. They can reduce the incongruous information foreign investors face by publicizing their political agenda to the financial in the country as well as to their citizens. Another option is for politicians to send a message of credibility and policy options by trying the hands of the electoral candidates ex ante through the pre-electoral commitments binding them to implement “market friendly” reforms. We look at the experience of Latin America in this respect.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126876892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legislative-Executive Conflict and Private Statutory Litigation in the US: Evidence from Labor, Civil Rights, and Environmental Law","authors":"Sean Farhang","doi":"10.2139/ssrn.1686063","DOIUrl":"https://doi.org/10.2139/ssrn.1686063","url":null,"abstract":"Examining qualitative historical evidence from cases of federal regulation in the areas of labor, civil rights, and environmental policy, this paper provides support for the hypothesis that divergence between legislative and executive preferences – a core and distinctive feature of the American constitutional order – creates an incentive for Congress to rely upon private lawsuits, as an alternative to administrative power, to achieve its regulatory goals. It also shows that this mechanism encouraging statutory mobilization of private litigants had been operative long before its powerful growth started in the late 1960s; that it operates in similar fashion with Republican legislators facing Democratic presidents, and Democratic legislators facing Republican presidents; and that it remained a source of controversy, and an active influence on congressional decision-making, throughout the half century covering the 1940s through the 1980s.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131384219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}