dunnettreader + public_interest   7

Michael Kang - Gerrymandering and the Constitutional Norm Against Government Partisanship (2017) :: SSRN
Win election law prize - Michigan Law Review, Vol. 116, No. 3, Dec. 2017, Forthcoming- Emory Legal Studies Research Paper
71 Pages
Posted: 17 Aug 2017; Last revised: 28 Oct 2017
Michael S. Kang, Emory University School of Law
The Article challenges the basic premise in the law of partisan gerrymandering that government partisan purpose is constitutional at all. The central problem, Justice Scalia once explained in Vieth v. Jubelirer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against government partisanship across a variety of settings. From political patronage, to government speech, to election administration and even in redistricting itself, Vieth is the exception in failing to bar tribal partisanship as a legitimate state interest in lawmaking. The puzzle therefore is why the Supreme Court in Vieth diverged from this overarching norm for legislative redistricting where the need for government nonpartisanship is most acute and so rarely met. The Article proposes a purpose-focused approach that identifies partisanship as an illegitimate basis for lawmaking and requires the government to justify its redistricting with reference to legitimate state interests beyond partisanship, irrespective of extreme partisan effects. The importance of consolidating and reifying the norm against government partisanship, in its most salient legal context, cannot be overstated at a time when hyperpolarization between the major parties dominates national politics and is at its most severe in our lifetime.
Keywords: gerrymandering, redistricting, Whitford v. Gill, partisanship, parties, Bandemer
constitutional_law  political_participation  Evernote  gerrymandering  public_interest  SSRN  accountability  partisanship  liberalism-public_reason  democracy  article  downloaded  US_constitution  corruption  legitimacy  SCOTUS  elections 
november 2017 by dunnettreader
Marcus Agnafors - Quality of Government: Toward a More Complex Definition (2013) | American Political Science Review on JSTOR
Concepts such as "quality of government" and "good governance" refer to a desired character of the exercise of public authority. Recently the interest in good governance, the quality of government, and similar concepts has increased considerably. However, despite this increasing interest and use, an adequate definition of the concept of quality of government has proved difficult to find. This article criticizes recent attempts at such a definition and proposes an alternative, more complex definition that includes moral content and also encompasses a plurality of values and virtues at its core. An acceptable definition of the quality of governance must be consistent with the demands of a public ethos, the virtues of good decision making and reason giving, the rule of law, efficiency, stability, and a principle of beneficence. The article describes these components in detail and the relations among them. - downloaded via iphone to dbox
corruption  governance  comparative_politics  accountability  government-public_communication  jstor  bibliography  article  community  common_good  morality  political_theory  political_culture  downloaded  public_interest  public_reason  deliberation-public  diversity  governance-participation  good_government  rule_of_law 
july 2017 by dunnettreader
Farr, Hacker & Kazee - Harold Lasswell, The Policy Scientist of Democracy (2006) | The American Political Science Review
The Policy Scientist of Democracy: The Discipline of Harold D. Lasswell -- James Farr, Jacob S. Hacker and Nicole Kazee -- Vol. 100, No. 4, Thematic Issue on the Evolution of Political Science, in Recognition of the Centennial of the Review (Nov., 2006), pp. 579-587 -- The "policy scientist of democracy" was a model for engaged scholarship invented and embodied by Harold D. Lasswell. This disciplinary persona emerged in Lasswell's writings and wartime consultancies during the 1940s, well before he announced in his APSA presidential address, printed in the Review precisely 50 years ago, that political science was "the policy science par excellence." The policy scientist of democracy knew all about the process of elite decision making, and he put his knowledge into practice by advising those in power, sharing in important decisions, and furthering the cause of dignity. Although Lasswell formulated this ambitious vision near the zenith of his influence, the discipline accorded the ideal—and Lasswell—a mixed reception. Some heralded the policy scientist of democracy; others observed a contradictory figure, at once positivist and value-laden, elitist and democratic, heroic and implausible. The conflicted response exemplifies Lasswell's legacy. The policy scientist of democracy was—and is—too demanding and too contradictory a hero. But the vital questions Lasswell grappled with still must be asked a century into the discipline's development: what is the role of the political scientist in a democratic society? - downloaded via iPhone to DBOX
social_sciences-post-WWII  technocracy  entre_deux_guerres  social_psychology  article  public_intellectuals  jstor  WWII  behavioralism  public_policy  20thC  public_interest  downloaded  political_science  US_history  elites  intellectual_history  bibliography  democracy  civic_virtue 
january 2016 by dunnettreader
Jeremy Waldron - The Rule of Law in Public Law (September 2014) :: SSRN - Cambridge Companion to Public Law, Forthcoming
NYU School of Law, Public Law Research Paper No. 14-40 -- This paper explores the possibility of a conception of the rule of law that is oriented specifically to public law. It is not a conception of the rule of law that privileges private law rights (like rights of property) nor is it an abstract or anodyne conception that is supposed to apply to all areas of governance indiscriminately. Instead this is an account of the rule of law that takes the mission of public administration seriously and seeks to establish it on a footing of legality rather than managerialism, while at the same time acknowledging that sometimes private interests have to give way to the interests of the public. -- Number of Pages in PDF File: 19 -- Keywords: Dicey, discretion, public law, public administration, rule of law -- downloaded pdf to Note
chapter  SSRN  philosophy_of_law  jurisprudence  legal_theory  legal_system  public_law  administrative_law  rule_of_law  discretion  managerialism  public_interest  public_goods  rights-legal  constitutional_law  property_rights  property-confiscations  downloaded 
june 2015 by dunnettreader
The Federal Advisory Committee Act (FACA) Brochure | GSA - US government
Advisory committees have played an important role in shaping programs and policies of the federal government from the earliest days of the Republic. Since President George Washington sought the advice of such a committee during the Whiskey Rebellion of 1794, the contributions made by these groups have been impressive and diverse. Today, an average of 1,000 advisory committees with more than 60,000 members advise the President and the Executive Branch on such issues as the disposal of high-level nuclear waste, the depletion of atmospheric ozone, the national fight against Acquired Immune Deficiency Syndrome (AIDS), efforts to rid the Nation of illegal drugs, to improve schools, highways, and housing, and on other major programs. Through enactment of the Federal Advisory Committee Act (FACA) of 1972 (Public Law 92-463), the U.S. Congress formally recognized the merits of seeking the advice and assistance of our nation's citizens. At the same time, the Congress also sought to assure that advisory committees: ** Provide advice that is relevant, objective, and open to the public; ** Act promptly to complete their work; and ** Comply with reasonable cost controls and record keeping requirements. -- With the expertise from advisory committee members, federal officials and the nation have access to information and advice on a broad range of issues affecting federal policies and programs. The public, in return, is afforded an opportunity to provide input into a process that may form the basis for government decisions.
US_government  administrative_agencies  open_government  public_policy  public_opinion  public-private_partnerships  governments-information_sharing  government_agencies  technocracy  governance  public_interest 
february 2015 by dunnettreader
Leo Strine, Chief Justice of the Delaware Supreme Court - Delaware Benefit Corporations: Making It Easier for Directors To “Do The Right Thing” in Harvard Business Law Review — The Harvard Law School Forum on Corporate Governance and Financial Regul
Pdf of a recently published an article in the Harvard Business Law Review. -- Abstract - Some scholars(..) argue that managers should “do the right thing,” while ignoring that in the current corporate accountability structure, stockholders are the only constituency given any enforceable rights, and thus are the only one with substantial influence over managers. Few (..real proposals) that would give corporate managers more ability and greater incentives to consider the interests of other constituencies. This Article posits that benefit corporation (bencorps) statutes have the potential to change the accountability structure within which managers operate. Certain provisions (..) can create a meaningful shift in the balance of power that will in fact give corporate managers more ability to and impose upon them an enforceable duty to “do the right thing.” But (..) important questions must be answered to determine whether (bencorp) statutes will have the durable, systemic effect desired. (1) the initial wave of entrepreneurs who form (bencorps) must demonstrate a genuine commitment to (..CSR) to preserve the credibility of the movement. (2) (..) socially responsible investment funds must be willing to vote their long-term consciences instead of cashing in for short-term gains. To that end, it is crucial that (bencorps) show that doing things “the right way” will be profitable in the long run. (3) (bencorpos) must pass the “going public” test. Finally, subsidiaries that are governed as (bencorps) must honor their commitments and grow successfully, if the movement is to grow to scale. - downloaded pdf to Note
article  US_legal_system  corporate_law  corporate_governance  corporate_citizenship  corporate_ownership  corporate_control  principal-agent  management  CSR  institutional_investors  investment-socially_responsible  stakeholders  investment  accountability  benefit_corporations  public_interest  common_good  downloaded  EF-add 
november 2014 by dunnettreader

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