Law and Contemporary Problems

A quarterly law journal publishing issues devoted to papers on a particular topic of contemporary interest. Topics usually reflect an interdisciplinary perspective with contributions by lawyers, economists, social scientists, scholars in other disciplines

Articles from Vol. 65, No. 3, Summer

Bush V. Gore and the French Revolution: A Tentative List of Some Early Lessons
I INTRODUCTION Simon Schama begins his magisterial book on the FRENCH REVOLUTION, Citizens, by relating the reply of Chinese Premier Zhou En-lai to a question about the significance of those 1789 events: "It's too soon to tell." (1) One suspects...
Comment on Ferejohn's "Judicializing Politics, Politicizing Law".(response to Article by John Ferejohn in This Issue, P. 41)
I INTRODUCTION Professor John Ferejohn's article is a preliminary, yet provocative, examination of some key issues raised by the exercise of legislative power by the judicial branch. (1) Ferejohn argues for a broader perspective on this problem,...
Deliberation Disconnected: What It Takes to Improve Civic Competence.(response to Article in This Issue by Christopher H. Schroeder, P. 95)
I INTRODUCTION Webster's Dictionary defines a person as competent if he or she has "requisite or adequate ability or qualities." (1) Synonyms for competent include sufficient and able, where the definition for able includes "having sufficient...
Deliberative Democracy and Campaign Finance Reform.(response to Article by Christopher H. Schroeder in This Issue, P. 95)
Professor Schroeder's paper sets out a compelling description of some intractable problems with deliberative theory. I have found nothing to criticize in his outstanding article. In this comment, I wish to expand upon Schroeder's critique. In particular,...
Deliberative Democracy's Attempt to Turn Politics into Law
I INTRODUCTION In the summer of 2001, President George W. Bush faced a difficult decision. He needed to articulate his administration's policy regarding federal funding of medical research on embryonic stem cells. A year earlier, the National...
Judicializing Politics, Politicizing Law
I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which has been called "judicialization," (1) has become more or...
The Supply and Demand Sides of Judicial Policy-Making (or, Why Be So Positive about the Judicialization of Politics?).(response to Article by John Ferejohn in This Issue, P. 41)
The actual art of governing under our Constitution does not and cannot conform to judicial definitions of the power of any of its branches based on isolated clauses or even single Articles torn from context. While the Constitution diffuses power...