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Conclusion

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0009
Subject:
Law, Constitutional and Administrative Law

Federalism played a crucial part in the constitutional history of the United States. A federal system of government allowed suspicious states to come together in a union, and it provided the ... More


State Constitutional Amendment Processes and Practices

John Dinan

in State Constitutional Politics: Governing by Amendment in the American States

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226532783
eISBN:
9780226532950
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226532950.003.0002
Subject:
Political Science, American Politics

This chapter discusses the processes for amending state constitutions, the origin and evolution of these processes, and the varying use of these processes across the 50 states. All states provide for ... More


Why the Backlash Often Fell Short

Ilya Somin

in The Grasping Hand: 'Kelo v. City of New London' and the Limits of Eminent Domain

Published in print:
2016
Published Online:
September 2017
ISBN:
9780226422169
eISBN:
9780226456829
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226456829.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explains why political ignorance accounts for many of the failings of the Kelo backlash. “Rationally ignorant” voters lacked the knowledge needed to differentiate effective reform laws ... More


Why the Backlash Often Fell Short

Ilya Somin

in The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain

Published in print:
2015
Published Online:
May 2016
ISBN:
9780226256603
eISBN:
9780226256740
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226256740.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter describes the massive political backlash generated by the Kelo decision, which was in many ways greater than that which resulted from any other modern Supreme Court decision. Polls ... More


Key Episodes in the Twentieth Century

in For the Many or the Few: The Initiative, Public Policy, and American Democracy

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226510811
eISBN:
9780226510873
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226510873.003.0007
Subject:
Political Science, American Politics

This chapter provides a history of key episodes in the twentieth century, using a theory to sketch a picture of how the initiative changed the evolution of state and local fiscal policy during these ... More


The Flaws of Global Legalism

in The Perils of Global Legalism

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226675749
eISBN:
9780226675923
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226675923.003.0002
Subject:
Law, Public International Law

If the rule of law has flourished in the United States and many (though not most) other states, why can't it flourish internationally? The global legalist might point out that individuals overcome ... More


Electing Women Political Leaders

in The Motherless State: Women's Political Leadership and American Democracy

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226514543
eISBN:
9780226514567
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226514567.003.0004
Subject:
Political Science, International Relations and Politics

There have been many American women who have run campaigns to be president of the United States, one of whom was Gracie Allen in the 1940s. Her campaign shows an important truth about presidential ... More


Educational Policy Making and the Courts

in Courts and Kids: Pursuing Educational Equity through the State Courts

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226706191
eISBN:
9780226706184
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226706184.003.0002
Subject:
Law, Family Law

In the United States, the early days of judicial enforcement of school desegregation decrees occasioned a wide-ranging academic debate on judicial activism. The courts' forays into policy making in ... More


Recognizing Personhood

in Corporate Bodies and Guilty Minds: The Failure of Corporate Criminal Liability

Published in print:
2006
Published Online:
March 2013
ISBN:
9780226470405
eISBN:
9780226470429
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226470429.003.0002
Subject:
Law, Company and Commercial Law

This chapter reviews the place of corporate personhood in the criminal law. The rhetoric of personhood and its evils are discussed. The challenges of making personhood relevant are also considered, ... More


Laws and Judges

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the theme of this volume which is about the interpretation of laws and statutes. It explores the problems that lead to recurrent difficulties in statutory interpretation and ... More


Who Should Interpret Statutes?

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines who should best interpret statutes. It considers the proposals that judges have too much of a role in statutory interpretation and that various agencies would do a better job. ... More


Legislatures, Judges, and Statutory Interpretation

in The Language of Statutes: Laws and Their Interpretation

Published in print:
2010
Published Online:
March 2013
ISBN:
9780226767963
eISBN:
9780226767987
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226767987.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter sums up the key findings of this study on statutory interpretation in the U.S. It concludes that statutory interpretation does a reasonably good job of effectuating the will of the ... More


1904: Clay May, the Railroad, and Justice Holmes

in A Community Built on Words: The Constitution in History and Politics

Published in print:
2002
Published Online:
March 2013
ISBN:
9780226677231
eISBN:
9780226677224
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677224.003.0020
Subject:
Law, Constitutional and Administrative Law

In 1901 the Texas legislature enacted a law related to Johnson grass and Russian thistle, fast-spreading weeds that, if allowed to go unchecked, pose a threat to various cash crops. The statute ... More


Internal Enforcement

in Rules and Restraint: Government Spending and the Design of Institutions

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226682594
eISBN:
9780226682617
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226682617.003.0004
Subject:
Political Science, American Politics

This chapter describes how legislatures, like the U.S. Congress, address rule design when internal enforcement is a viable option. The entire legislature engages in enforcement via the selection of a ... More


Introduction

in School, Society, & State: A New Education to Govern Modern America, 1890 – 1940

Published in print:
2012
Published Online:
March 2013
ISBN:
9780226772097
eISBN:
9780226772127
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226772127.003.0001
Subject:
History, American History: 20th Century

State legislatures in the United States had long assumed legal responsibility for maintaining public schools, doing so by empowering local districts and giving them great freedom to manage their own ... More


Redefining State Responsibility in Education

in School, Society, & State: A New Education to Govern Modern America, 1890 – 1940

Published in print:
2012
Published Online:
March 2013
ISBN:
9780226772097
eISBN:
9780226772127
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226772127.003.0004
Subject:
History, American History: 20th Century

During the National Education Association's Department of Superintendence meeting in 1918 to discuss “centralizing tendencies in educational administration,” Payson Smith, state superintendent of ... More


Legislative Property Confiscation before the Civil War

in The Limits of Sovereignty: Property Confiscation in the Union and the Confederacy during the Civil War

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226314822
eISBN:
9780226314860
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226314860.003.0002
Subject:
History, American History: Civil War

Property within republican thought is not “owned” in an absolute sense but is provisionally granted as a “bundle of rights,” or a set of malleable prohibitions and entitlements determined entirely ... More


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