17616 research outputs found
Sort by
State v. Hurst Respondent\u27s Brief Dckt. 48312
Get PDFhttps://digitalcommons.law.uidaho.edu/not_reported/8072/thumbnail.jp
Electoral Structure Matters: Fixing the Creaks and Cracks in the Constitution by Its Quarter Millennium
Get PDFOur nation’s constitutionally prescribed governing structure has original problems (the Electoral College) and those that have developed over time (excessively long congressional tenures and, for the presidency, biased reelection timing and unequally productive terms that are equal in length). Repairing the erosion in any one or all three of these components by the Constitution’s 250th anniversary in 2037 constitutes a workable civic engineering timeframe. This article reviews the context for constitutional change; presents the Electoral College’s primary failings; identifies three objectives for its replacement (delivering majority outcomes, providing meaningful roles to states, and broadening the structural focus for such change); and explains which term limit and term length adjustments would provide such breadth while correcting for deficiencies that have emerged in their own roles
Fair Reforms for Idaho’s Reapportionment Commission
Get PDFEvery ten years, an ugly partisan battle embroils the union—not over policy proposals or the “people’s business,” but instead over who votes for whom in a changing nation. This process is called redistricting. Redistricting is a fraught process, complicated by unequal population growth and constrained by legal requirements. Each state’s method has problems. But when viewed more broadly, Idaho’s commission is worth preserving, if with a few tweaks. In Section One, this paper will provide the historical legal context for Idaho’s current redistricting commission, identify what went wrong (and did not) with prior commissions, and explain proposed changes. Section Two will then examine two other states’ redistricting methods. Section Three will then suggest a few reform
Governing Complexity: Integrating Science, Governance, and Law to Manage Accelerating Change in the Globalized Commons
Get PDFThe speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental change. Furthermore, they do not yet possess the legitimacy or capacity needed to address disparities between the winners and losers from change. These emergent forms of adaptive governance appear to be particularly effective in managing complexity. We explore governance and SETs as coevolving complex systems, focusing on legal systems to understand the potential pathways and obstacles to equitable adaptation. We explore how governments may facilitate the emergence of adaptive governance and promote legitimacy in both the process of governance despite the involvement of nonstate actors, and its adherence to democratic values of equity and justice. To manage the contextual nature of the results of change in complex systems, we propose the establishment of long-term study initiatives for the coproduction of knowledge, to accelerate learning and synergize interactions between science and governance and to foster public science and epistemic communities dedicated to navigating transitions to more just, sustainable, and resilient futures
The Children’s Climate Lawsuit: A Critique of the Substance and Science of the Preeminent Atmospheric Trust Litigation Case
Get PDF
