Northwestern University Law Review最新文献_第7页

Should Parents Be Given Extra Votes on Account of Their Children?: Toward a Conversational Understanding of American Democracy 父母应该为他们的孩子获得额外的投票权吗?:对美国民主的对话式理解

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 2000-01-13 DOI: 10.2139/SSRN.186071

R. Bennett

{"title":"Should Parents Be Given Extra Votes on Account of Their Children?: Toward a Conversational Understanding of American Democracy","authors":"R. Bennett","doi":"10.2139/SSRN.186071","DOIUrl":"https://doi.org/10.2139/SSRN.186071","url":null,"abstract":"The liberal political theory that was used to rationalize the apportionment jurisprudence of the 1960s suggests--with a little republican help from the notion of \"virtual representation\"--the possibility of extra votes for parents on account of their children. It suggests the notion so clearly that the almost complete absence of the idea from American political discourse is something of a mystery. The mystery is deepened by the fact that apportionment is usually done according to total population. Extra voting power is thus already being cast on account of children, but by the district population as a whole, rather than parents. The extra votes idea has surfaced recently, but barely. This Article explores the implications of its mysterious obscurity. The Article proposes a conversational theory of American democracy, in which public involvement in democratic conversation is the glue that holds the system together. Competitive elections are an essential stimulus for this conversation. The conversational theory is descriptive rather than normative. This accounts for a good deal of its superior descriptive force when compared with liberal and republican theories, which are normative in inspiration and are then turned to descriptive tasks, often without an appreciation of the shift. The conversational theory comfortably accommodates the continued obscurity of the extra votes possibilities, as well as many other aspects of American political life that cry out for explanation in liberal (or republican) terms. It explains, for instance, the apparent success of the United States Senate, an institution well-suited to democratic conversation, but quite awkward in liberal terms. The extra votes idea may yet catch on, because American democracy is influenced by normative visions. Whether that happens or not, however, there is much to be learned from the fact that the idea remains largely unattended.","PeriodicalId":47587,"journal":{"name":"Northwestern University Law Review","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2000-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67763648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 38

Mothers and doctors' orders: unmasking the doctor's fiduciary role in maternal-fetal conflicts. 母亲和医生的命令:揭示医生在母胎冲突中的受托角色。

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 2000-01-01

M Oberman

引用次数: 0

Do Theories of Statutory Interpretation Matter? A Case Study 法律解释理论重要吗?案例研究

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1999-10-07 DOI: 10.2139/SSRN.186135

D. Farber

{"title":"Do Theories of Statutory Interpretation Matter? A Case Study","authors":"D. Farber","doi":"10.2139/SSRN.186135","DOIUrl":"https://doi.org/10.2139/SSRN.186135","url":null,"abstract":"Statutory interpretation has been a fertile area of scholarship, but we know relatively little about the practical impact of various theories of interpretation. The ideal test would involve presenting randomly selected cases to two judges who are similar in most other respects but have sharply different theories of interpretation. As it happens, such a situation is presented by Judges Posner and Easterbrook, who have sat together on over 800 reported panel decisions. (Because en banc cases are subject to selection bias, they are discussed separately in the paper.) Posner is a leading advocate of pragmatism, while Easterbrook is equally well-known for his support of formalism. As it turns out, the two judges voted differently in only one percent of these roughly 800 cases. This is substantially below the average level of disagreement among Seventh Circuit judges, and is also below the average rate for courts of appeals generally. Moreover, a careful examination of the statutory cases in which the two judges disagreed confirms that their theoretical disputes were not outcome determinative. Because Posner and Easterbrook have shown particularly serious interests in theories of interpretation (compared to most judges), the apparently slight level of impact on outcomes seems especially surprising. While far from definitive, this study suggests strongly that the conventional wisdom on this point significantly overestimates the impact of a judge's theoretical stances on voting behavior.","PeriodicalId":47587,"journal":{"name":"Northwestern University Law Review","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"1999-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67763342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 6

A Theory of Contract Law under Conditions of Radical Judicial Error 极端司法错误条件下的合同法理论

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1999-08-01 DOI: 10.2139/SSRN.173788

E. Posner

引用次数: 212

Twerski and Cohen's second revolution: a systems/strategic perspective. Twerski和Cohen的第二次革命:系统/战略视角。

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1999-01-01

L M LoPucki

引用次数: 0

The second revolution in informed consent: comparing physicians to each other. 知情同意的第二次革命:医生之间的比较。

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1999-01-01

A D Twerski, N B Cohen

引用次数: 0

Regulating scientific research: intellectual property rights and the norms of science. 规范科学研究:知识产权与科学规范。

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1999-01-01

A K Rai

引用次数: 0

The Myth of the Nullifying Jury 无效陪审团的神话

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1998-12-09 DOI: 10.4324/9781315085401-6

Nancy S. Marder

引用次数: 25

Ossification Revisited: Does Arbitrary and Capricious Review Significantly Interfere With Agency Ability to Achieve Regulatory Goals Through Informal Rulemaking? 重新审视僵化:武断和反复无常的审查是否会严重干扰机构通过非正式规则制定实现监管目标的能力?

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1998-12-08 DOI: 10.2139/SSRN.140798

Jordan, S. William

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引用次数: 26

Tragic choices: state discretion over organ transplant funding for Medicaid recipients. 悲剧性的选择:国家对医疗补助接受者的器官移植资金的自由裁量权。

IF 1.9 2区社会学

Northwestern University Law Review Pub Date : 1994-01-01

D L Weigert

引用次数: 0