American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

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Current index to legal periodicals

▪ Abstract Deliberative democratic theory has moved beyond the “theoretical statement” stage and into the “working theory” stage. Although this essay revisits some of the main theoretical debates, this is done via a survey and evaluation of the state of deliberative democratic theory as it is being applied in a number of research areas and as it intersects with related normative debates. Five research areas are covered: public law, international relations, policy studies, empirical research, and identity politics.

Deliberative democratic theory

The transition from communism in Europe and the former Soviet Union has only sometimes produced a transition to democracy. Since the crumbling of the Berlin Wall in 1989 and the collapse of the Soviet Union in 1991, most of the twenty-eight new states have abandoned communism, but only nine of these have entered the ranks of liberal democracies. The remaining majority of new postcommunist states are various shades of dictatorships or unconsolidated “transitional regimes.” This article seeks to explain why some states abandoned communism for democracy while others turned to authoritarian rule. In endorsing actorcentric approaches that have dominated analyses of the third wave of democratization, this argument nonetheless offers an alternative set of causal paths from ancien regime to new regime that can account for both democracy and dictatorship as outcomes. Situations of unequal distributions of power produced the quickest and most stable transitions from communist rule. In countries with asymmetrical balances of power, the regime to emerge depends almost entirely on the ideological orientation of the most powerful. In countries where democrats enjoyed a decisive power advantage, democracy emerged. Conversely, in countries in which dictators maintained a decisive power advantage, dictatorship emerged. In between these two extremes were countries in which the distribution of power between the old regime and its challengers was relatively equal. Rather than producing stalemate, compromise, and parted transitions to democracy, however, such situations in the postcommunist world resulted in protracted confrontation between relatively balanced powers. The regimes that emerged from these modes of transitions are not the most successful democracies but rather are unconsolidated, unstable, partial democracies.

https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S0043887100019080

The Fourth Wave of Democracy and Dictatorship: Noncooperative Transitions in the Postcommunist World

1. Regions and redistribution: introduction and overview 2. A theory of fiscal structures in political unions 3. The road ahead: the empirical strategy 4. The European Union: economic geography and fiscal structures under centrifugal representation 5. North America's divide: distributive tensions, risk sharing, and the centralization of public insurance in federations 6. Germany's reunification: distributive tensions and fiscal structures under centripetal representation 7. Endogenous decentralization and welfare resilience: Spain, 1978-2007 8. The political geography of inequality: summary and implications.

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The political geography of inequality : regions and redistribution

Scholars in science and technology studies (STS) have recently been called upon to advise governments on the design of procedures for public engagement. Any such instrumental function should be carried out consistently with STS's interpretive and normative obligations as a social science discipline. This article illustrates how such threefold integration can be achieved by reviewing current US participatory politics against a 70-year backdrop of tacit constitutional developments in governing science and technology. Two broad cycles of constitutional adjustment are discerned: the first enlarging the scope of state action as well as public participation, with liberalized rules of access and sympathetic judicial review; the second cutting back on the role of the state, fostering the rise of an academic-industrial complex for technology transfer, and privatizing value debates through increasing delegation to professional ethicists. New rules for public engagement in the United Sates should take account of these historical developments and seek to counteract some of the anti-democratic tendencies observable in recent decades.

Constitutional moments in governing science and technology.

We the People: Transformations

"The book is carefully organized and well written, and it deals with a question that is still of great importance--what is the relationship of the Bill of Rights to the states."--"Journal of American History""Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study."--"Library Journal"

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No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

Free Speech, "The People's Darling Privilege"

Introduction The English and colonial background The debate over the Sedition Act of 1798 Sedition in the courts - enforcement and the free speech tradition Sedition: Reflections and transitions The Declaration, the Constitution, Slavery and Abolition Shall Abolitionists be silenced? Congress confronts the Abolitionists: The Post Office and petitions The demand for Northern legal action against Abolitionists Legal theories of suppression and the defence of free speech Elijah Lovejoy: Mobs, free speech and the privileges of American citizens After Lovejoy: Transformations The free speech battle over Helper's Impending crisis Daniel worth: The struggle for free speech in North Carolina on the eve of the Civil War Lincoln, Vallandigham and suppression: Free speech in the Civil War The free speech tradition confronts the war power A new birth of freedom? The Fourteenth Amendment and the First Amendment Where are they now? Suppression theories in the twentieth century Conclusion

Free speech, "the people's darling privilege" : struggles for freedom of expression in American history

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Michael Kent Curtis

Papers

We the People: Transformations

No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights

Free Speech, "The People's Darling Privilege"

Free speech, "the people's darling privilege" : struggles for freedom of expression in American history

Monkey Trials: Science, Defamation, and the Suppression of Dissent