Search Results

1 - 10 of 22 items :

  • Public Law, other x
Clear All
Politics and Constitutional Law: A Distinction without a Difference?

Justices to umpires in a baseball game: Judges and justices are servants of the law, not the other way round. Judges are like umpires. Umpires don’t make rules, they apply them. The role of the umpire and the judge is critical. They make sure everyone plays by the rules, but it is a limited role. Nobody ever went to a ball game to see an umpire … I have no agenda, but I do have a commitment. If I am confirmed, I will confront every case with an open mind. I will fully and fairly analyse the legal arguments that are presented. I will be open to the considered views of

Open access
The Contribution of COSAC to Joint Parliamentary Scrutiny in the EU: A Practitioner’s View

Government. • Jančić Davor, 2013, ‘NPs in the EU: Biting the subsidiarity bait?’, International Journal of Constitutional Law Blog , 25 Sept. 2013, www.iconnectblog.com/2013/09/national-parliaments-in-the-eu-biting-the-subsidiarity-bait . • Jančić Davor, 2015, ‘The Game of Cards: NPs in the EU and the future of the early warning mechanism and the political dialogue’, Common Market Law Review , LII(4): 939-975. • Kiiver Philipp, 2006, National parliaments in the European Union: a critical view on EU constitution-building , Aspen Publishers, Frederick

Open access
Inter-parliamentary cooperation as a means for reinforcing joint scrutiny in the EU: upgrading existing mechanisms and creating new ones

.ceps.eu ):1-19. • Moravcsik Andrew, 2004, ‘Is there a “Democratic Deficit” in World Politics? A Framework for Analysis’, Government and Opposition , XXXIX(2): 336-363. • O’Brennan John and Raunio Tapio, 2007, ‘Conclusion: National Parliaments gradually learning to play the European game’, in O’ Brennan and Raunio (eds), National Parliaments within the enlarged European Union: from victims of integration to competitive actors? , Routledge, Oxon/New York, 272-286. • Raunio Tapio, 2009, ‘National Parliaments and European Integration: What We Know and Agenda

Open access
Adventures in Higher Education, Happiness, And Mindfulness

versions of key theorems. Kuhn told us engaging anecdotes and personal stories about iconic figures in the field of mathematical economics during the frenzy and heyday of cold war research into activity analysis, decision theory, game theory, mathematical programming, and welfare economics. Although professors Fefferman and Kuhn had very different mathematical research interests, teaching styles and classroom presentation methods, both clearly had a passion for advancing the frontiers of research by creating knowledge and sharing their enthusiasm for learning by

Open access
Posner’s Folly: The End of Legal Pragmatism and Coercion’s Clarity

)Taking Hart , 119 Harv. L. Rev. 852, 861 (2006). Not all agree that Hart had no such aversion. The most famous example used by Wittgenstein is “game,” which he claimed had no feature common to all the different core or central—and not just marginal—uses of the concept. Wittgenstein, supra note 23, at 3f. Instead, he claimed, strands of similarity ran through different core instances of games as through a rope but that no one strand, no one property, ran through all of them. This is like a family, he said, whose members often share certain traits such as eye color or

Open access
“To Promote the General Welfare”: Addressing Political Corruption in America

frustrated, powerless, open to demagoguery, and attracted to the attentions of opportunistic politicians at all extremes. Politicians that are more centrist often jump on the resulting bandwagon. This process tends to produce additional interventions, each of which presents a continuing stream of opportunities for officials to reward elites within programs characterized and even intended as remedial.The process is a negative-sum game that, unchecked, may eventually have an unhappy Jeffersonian ending. Violent revolution in America may be a long shot, but not for lack of

Open access
The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism

, Oct. 12, 2011, https://news.gallup.com/poll/150038/Congress-Approval-Ties-Time-Low.aspx; Georg Vanberg, Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review , 45 Am. J. Pol. Sci. 346 (2001). But such a response presumes that the President thinks in institutional terms, and has a resulting sense of humility and an inclination to defer to a more popular branch. These conclusions aren’t obviously supported by his behavior, demeanor, or the terms under which he assumed power. Clare Malone, Americans Don’t Trust Their Institutions

Open access
Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia

Commission . 483 U.S. 825 (1987). The Court has also applied principles of necessary implication to address intergovernmental immunities. See Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) (no suit against state by Indian tribe under Indian Gaming Regulatory Act, by a five-to-four vote); Alden v. Maine, 527 U.S. 706 (1999) (no suit under Fair Labor Standards Act against states in federal court, by a five-to-four decision). One can also point to the Court’s approach to questions of immunity from taxation as between state and federal governments, McCulloch v

Open access
The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

have a tendency to gather information in a self-serving way and also to process that information in a way that is self-serving. Fans of two teams watching a video of a football game between the two will tend to disagree completely about which team got the most breaks from the referees. Albert H. Hastorf & Hadley Cantril, They Saw a Game: A Case Study , 45(1) J. Abnormal Psychol. 129-34 (1954). Studies show that even people who are trained to be objective and skeptical, such as auditors and scientists, tend to find more persuasive the information that is consistent

Open access
The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals

Trade Organization (WTO), regional trade agreements, and bilateral investment treaties (BITs). To this list, a fourth criterion is sometimes added, namely the ability of the agreement to transform into a pillar of economic governance. See Global Agenda Council on Trade and Foreign Direct Investment, Mega-Regional Trade Agreements: Game-Changers or Costly Distractions for the World Trading System? (2014) 7, available at http://www3.weforum.org/docs/GAC/2014/WEF_GAC_TradeFDI_MegaRegionalTradeAgreements_Report_2014.pdf ; see also Peter Draper, Simon Lacey & Yash

Open access