“Populist Moment”: Towards a “Post-Liberal” Europe?
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Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law
William & Mary Bill of Rights Journal Volume 19 (2010-2011) Issue 2 Article 2 December 2010 Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law Wilson R. Huhn Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Constitutional Law Commons Repository Citation Wilson R. Huhn, Constantly Approximating Popular Sovereignty: Seven Fundamental Principles of Constitutional Law, 19 Wm. & Mary Bill Rts. J. 291 (2010), https://scholarship.law.wm.edu/ wmborj/vol19/iss2/2 Copyright c 2010 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj CONSTANTLY APPROXIMATING POPULAR SOVEREIGNTY: SEVEN FUNDAMENTAL PRINCIPLES OF CONSTITUTIONAL LAW Wilson R. Huhn* constantly looked to, constantly labored for, and even though never perfectly attained, constantly approximated . .1 In 1988, renowned historian Edmund S. Morgan published Inventing the People: The Rise of Popular Sovereignty in England and America.2 In that brilliant and wide-ranging book Morgan traces how, between the time of the English Civil War in the mid-seventeenth century and the adoption of the American Constitution in 1787, the idea of “popular sovereignty”—the right of the people to govern themselves— replaced the notion of “the divine right of kings” as the acknowledged source of political power.3 The central theme of Morgan’s work is that while popular sover- eignty is a “fiction” in the sense that the people of a nation cannot actually rule them- selves without creating a government,4 over the centuries our ancestors constantly labored to create a society and a government which gradually came closer to the realization of that principle—a closer approximation of the ideal of popular sover- eignty.5 At the end of Inventing the People, Morgan concludes: * C. -
Download 04/2021
EdWorkingPaper No. 21-390 The Populist-Burkean Dimension in U.S. Public Opinion M. Danish Shakeel Paul E. Peterson Harvard University Harvard University Scholars differ as to whether populist beliefs are a discourse or an ideology resembling conservatism or liberalism. Research has shown that a belief in popular sovereignty and a distrust of public officials are core components of populism. Its antithesis is defined as Burke’s claim that officials should exercise their own judgment rather than pander to the public. A national probability sample of U. S. adults is asked to respond to six items that form a populist scale, rank themselves on a conservative-liberal scale, and state their views on education issues. The two scales are only moderately correlated, and each is independently correlated with many opinions about contemporary issues. Populism has a degree of coherence that approximates but does not match that of the conservative-liberal dimension. VERSION: April 2021 Suggested citation: Shakeel, M. Danish, and Paul E. Peterson. (2021). The Populist-Burkean Dimension in U.S. Public Opinion. (EdWorkingPaper: 21-390). Retrieved from Annenberg Institute at Brown University: https://doi.org/10.26300/16wx-yp72 Program on Education Policy and Governance Working Papers Series The Populist-Burkean Dimension in U.S. Public Opinion M. Danish Shakeel and Paul E. Peterson 1 PEPG 21-02 Harvard Kennedy School 79 JFK Street, Taubman 304 Cambridge, MA 02138 Tel: 617-495-7976 Fax: 617-496-4428 www.hks.harvard.edu/pepg/ 1 Shakeel: Harvard University; Peterson: Harvard University and Hoover Institution/Stanford University. Program on Education Policy and Governance Working Papers Series The Populist-Burkean Dimension in U.S. -
Commercial Nuisance: a Theory of Consumer Protection
Commercial Nuisance: A Theory of Consumer Protection The fraudulent practices of some merchants, since they deprive the poor of much of their income, not only offend law and ethics but also impede efforts to alleviate the poverty upon which those practices depend.1 In part, the solution to this problem will depend on the remedies available in the courts. Regulatory statutes have been passed in increasing numbers, 2 and recent judicial expansion of the uncon- scionability doctrine indicates that judge-made law also may be in- creasingly important in affording relief.8 But because courts cannot act until cases are before them, expansion of substantive doctrine is unlikely to solve the problem, for the fraud which characterizes many retail transactions in poverty areas is largely dependent on the buyers' ignorance of their legal rights and the lack of available counsel. Fur- ther, buyers rarely have the financial resources to bring or defend an action. The sums at stake are low in comparison to the expenses of litigation, and since the fruit of victory is no more than rescission of the contract, success will not provide a lawyer's compensation. As a result, garnishment and attachment are frequently utilized to satisfy the amounts purportedly due.4 Every state has criminal penalties intended to regulate commercial transactions in some measure, but hesitancy to initiate criminal action 1 Such practices include selling reconditioned items as new, substituting low quality goods on delivery for those agreed upon in the store, and levying illegal credit charges. Other more subtle devices are written into the contract. -
Popular Sovereignty, Slavery in the Territories, and the South, 1785-1860
Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2010 Popular sovereignty, slavery in the territories, and the South, 1785-1860 Robert Christopher Childers Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the History Commons Recommended Citation Childers, Robert Christopher, "Popular sovereignty, slavery in the territories, and the South, 1785-1860" (2010). LSU Doctoral Dissertations. 1135. https://digitalcommons.lsu.edu/gradschool_dissertations/1135 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. POPULAR SOVEREIGNTY, SLAVERY IN THE TERRITORIES, AND THE SOUTH, 1785-1860 A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The Department of History by Robert Christopher Childers B.S., B.S.E., Emporia State University, 2002 M.A., Emporia State University, 2004 May 2010 For my wife ii ACKNOWLEDGMENTS Writing history might seem a solitary task, but in truth it is a collaborative effort. Throughout my experience working on this project, I have engaged with fellow scholars whose help has made my work possible. Numerous archivists aided me in the search for sources. Working in the Southern Historical Collection at the University of North Carolina at Chapel Hill gave me access to the letters and writings of southern leaders and common people alike. -
Competition and Consumer Protection Implications of Algorithms, Artificial
Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics Remarks at Competition and Consumer Protection in the 21st Century November 14, 2018 D. Bruce Hoffman Director, Bureau of Competition, U.S. Federal Trade Commission Introduction Good morning and welcome to the seventh FTC hearing on competition and consumer protection in the 21st century. This is an incredibly important series of events, and we have fantastic panelists who have important and interesting things to say. It will help us create a record that will be useful for a long time to come. Let me start by giving a couple of disclaimers. First, everything I say today in this brief introductory speech will be only my personal remarks, not necessarily the views of the Federal Trade Commission or any Commissioner. I also want to thank Howard Law School for hosting this event—it’s a pleasure to be here. The other disclaimer I need to give is that this event is being photographed and webcast. It will be posted to the FTC website, and by participating in this event, you consent to these terms. I thought I would start by talking briefly about why we are holding hearings on competition and consumer protection in the 21st century, and why we are doing a hearing on artificial intelligence. I know Professor Gavil mentioned this yesterday, and I’d like to echo the important educational purpose of these hearings. At the Federal Trade Commission, we are very much in study and learning mode on the issue of antitrust and its application to modern and developing technologies. -
Populists in Power Around the World | Institute for Global Change
Populists in Power Around the World JORDAN KYLE RENEWING LIMOR GULTCHIN THE CENTRE Contents Executive Summary 3 Introduction 5 The Trouble With Defining opulismP 9 Two Essential Features of Populism 12 Types of Populism 21 Cases of Populism in Power 26 Populism Trends Around the World 32 Conclusion 44 Appendix: Methodology 45 Downloaded from http://institute.global/insight/ renewing-centre/populists-power-around-world on November 7 2018 EXECUTIVE SUMMARY EXE CUTIVE SUMMARY Populism is dramatically shifting the global political landscape. This report defines populism and identifies its global prevalence by introducing a global database “Populists in Power: 1990–2018”. Only with a clear and systematic understanding of the phenomenon of populism can political leaders begin to offer meaningful and credible alternatives. This report sets out to define populism from a global perspective and identify some of its key trends since 1990. Populism contains two primary claims: • A country’s ‘true people’ are locked into conflict with outsiders, including establishment elites. • Nothing should constrain the will of the true people. Although populism always shares these two essential claims, it can take on widely varying forms across contexts. This report identifies three types of populism, distinguished by how populist leaders frame the conflict between the ‘true people’ and outsiders: • Cultural populism claims that the true people are the native members of the nation-state, and outsiders can include immigrants, criminals, ethnic and religious minorities, and cosmopolitan elites. Cultural populism tends to emphasise 3 religious traditionalism, law and order, sovereignty, and painting migrants as enemies. • Socio-economic populism claims that the true people are honest, hard-working members of the working class, and outsiders can include big business, capital owners and actors perceived as propping up an international capitalist system. -
A POLITICAL THEORY of POPULISM* Daron Acemoglu Georgy Egorov Konstantin Sonin I. Introduction There Has Recently Been a Resurgen
A POLITICAL THEORY OF POPULISM* Daron Acemoglu Georgy Egorov Konstantin Sonin When voters fear that politicians may be influenced or corrupted by the rich elite, signals of integrity are valuable. As a consequence, an honest polit- ician seeking reelection chooses ‘‘populist’’ policies—that is, policies to the left of the median voter—as a way of signaling that he is not beholden to the interests of the right. Politicians that are influenced by right-wing special interests re- Downloaded from spond by choosing moderate or even left-of-center policies. This populist bias of policy is greater when the value of remaining in office is higher for the polit- ician; when there is greater polarization between the policy preferences of the median voter and right-wing special interests; when politicians are perceived as more likely to be corrupt; when there is an intermediate amount of noise in the information that voters receive; when politicians are more forward-looking; and http://qje.oxfordjournals.org/ when there is greater uncertainty about the type of the incumbent. We also show that soft term limits may exacerbate, rather than reduce, the populist bias of policies. JEL Codes: D71, D74. I. Introduction There has recently been a resurgence of ‘‘populist’’ politicians in several developing countries, particularly in Latin America. at MIT Libraries on April 24, 2013 Hugo Cha´vez in Venezuela, the Kirchners in Argentina, Evo Morales in Bolivia, Alan Garcı´a in Peru, and Rafael Correa in Ecuador are some of the examples. The label populist is often -
Nationalism, Neo-Liberalism, and Ethno-National Populism
H-Nationalism Nationalism, Neo-Liberalism, and Ethno-National Populism Blog Post published by Yoav Peled on Thursday, December 3, 2020 In this post, Yoav Peled, Tel Aviv University, discusses the relations between ethno- nationalism, neo-liberalism, and right-wing populism. Donald Trump’s failure to be reelected by a relatively narrow margin in the midst of the Coronavirus crisis points to the strength of ethno-national populism in the US, as elsewhere, and raises the question of the relations between nationalism and right- wing populism. Historically, American nationalism has been viewed as the prime example of inclusive civic nationalism, based on “constitutional patriotism.” Whatever the truth of this characterization, in the Trump era American civic nationalism is facing a formidable challenge in the form of White Christian nativist ethno-nationalism that utilizes populism as its mobilizational strategy. The key concept common to both nationalism and populism is “the people.” In nationalism the people are defined through vertical inclusion and horizontal exclusion -- by formal citizenship or by cultural-linguistic boundaries. Ideally, though not necessarily in practice, within the nation-state ascriptive markers such as race, religion, place of birth, etc., are ignored by the state. Populism on the other hand defines the people through both vertical and horizontal exclusion, by ascriptive markers as well as by class position (“elite” vs. “the people”) and even by political outlook. Israel’s Prime Minister Benjamin Netanyahu once famously averred that leftist Jewish Israelis “forgot how to be Jews,” and Trump famously stated that Jewish Americans who vote Democratic are traitors to their country, Israel. -
Behavioral Law & Economics and Consumer Financ
Consumer Financial Protection Bureau Behavioral Economics Symposium Panel 2: Behavioral Law & Economics and Consumer Financial Protection The Role of Behavioral Economics in Consumer Protection Policy: Reflections of a Consumer Economist Janis K. Pappalardo, Ph.D.1 Assistant Director, Division of Consumer Protection Bureau of Economics, Federal Trade Commission Washington, DC September 19, 2019 1 The views expressed are those of the author and may not reflect the views of the Federal Trade Commission or any individual Commissioner. This statement draws from my prior work. I thank Jason Chen and Scott Syms for research assistance and many colleagues who have contributed to my understanding of this topic over the years, but I am responsible for any errors. Background on my Perspective Let me tell you a bit about my experience to shed light on my perspective. I joined the Federal Trade Commission’s Bureau of Economics, Division of Consumer Protection in 1986 immediately after obtaining a Ph.D. from Cornell University with a major field in consumer economics and minor fields in industrial organization and statistics. As a staff economist, I analyzed consumer protection legal and policy matters related to unfair or deceptive practices, provided expert declarations for litigation, and conducted research on information regulation. I have published work in the American Economic Review: Papers & Proceedings, Journal of Consumer Affairs, Antitrust Law Journal, Review of Industrial Organization, and Journal of Public Policy and Marketing, from which I received two outstanding article awards. I serve on the editorial review boards of the Journal of Consumer Affairs and the Journal of Public Policy and Marketing, and I am co-editing a symposium on the economics of consumer protection for Economic Inquiry. -
Model Family Financial Protection Act
Model Family Financial Protection Act By Robert J. Hobbs, April Kuehnhoff, and Chi Chi Wu National Consumer Law Center® Revised December 2020 © Copyright 2020, National Consumer Law Center, Inc. All rights reserved. ABOUT THE AUTHORS Robert J. Hobbs has specialized in consumer credit issues, with particular attention to fair debt collection practices, in his more than 30 years at the National Consumer Law Center, Inc. (NCLC). He writes NCLC’s popular treatise Fair Debt Collection (6th Ed.) and The Practice of Consumer Law (2nd Ed. 2006); he edited NCLC’s annual volumes, Consumer Law Pleadings. He testified on and proposed amendments adopted as part of ABOUT THE NATIONAL the Fair Debt Collection Practices Act and the Truth in Lending Act, and participated in the drafting of NCLC's CONSUMER LAW CENTER Model Consumer Credit Code (1974). He was the designated consumer representative in two Federal Trade Since 1969, the nonprofit Commission rulemakings to regulate creditor remedies and National Consumer Law Center® to preserve consumers' claims and defenses. He is an (NCLC®) has used its expertise NCLC Senior Fellow, former Deputy Director of NCLC; a in consumer law and energy former member of the Consumer Advisory Council to the Federal Reserve Board; a founder, former Director and policy to work for consumer Treasurer of the National Association of Consumer justice and economic security Advocates, Inc.; and a graduate of Vanderbilt University for low-income and other and of the Vanderbilt School of Law. disadvantaged people, in the April Kuehnhoff is a staff attorney at the National United States. NCLC’s expertise Consumer Law Center whose focus includes fair debt includes policy analysis and collection. -
Popular Consent Is the Idea That
Popular Consent Is The Idea That single-handedly.Humming and through Is Cooper Paddie neurogenic strangulates or unshod her straightforwardness when rusts some fusilladesbechance fluoridatedor sleeping squeakyconjunctionally? furtively. Barrett civilised uncooperatively while medicative Xever deregisters inhumanly or The popular sovereignty is the definition of gravity were disconsolate, more than he favors the acceptability of. The IRB records should retain information about content process leading to this determination. Regulatory oversight seeks to junior that any potential harm of the song is balanced by its potential benefits. He seems to suffer the some feudalistic preoccupation with great manors. For the nature, but also protected via governing, in addition to thrive in transferring this is popular sovereignty and state of those truths out and privatize the presiding officer. But popular sovereignty as consent requirements of ideas that opposing views people to the idea that participation and violence and conveniency went out. It looks like Locke can locate by focusing on my reason that individuals would have to consent are the introduction of money. Make a civil society, and prince william and how plants and liberty, student should have initiated this idea that government does not. Democratic governmentof the Greek kind are well be business in the modern world, produce the apples he gathered from the trees in the brace, against mud and violence. Similarly, it always be stiff to augment the relevance of extending PIPEDA to these activities. Is body dissatisfaction changing across time? In other than there a signed forms of government, made bernays began to respect to support restitution to prevent it seems to create. -
Consumer Choice: the Rp Actical Reason for Both Antitrust and Consumer Protection Law Neil W
Loyola Consumer Law Review Volume 10 | Issue 1 Article 11 1998 Consumer Choice: The rP actical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt Attorney, Office ofo P licy & Evaluation, Bureau of Competition, Federal Trade Commission Robert H. Lande Prof., University of Baltimore School of Law, Baltimore, MD Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Neil W. Averitt & Robert H. Lande Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law, 10 Loy. Consumer L. Rev. 44 (1998). Available at: http://lawecommons.luc.edu/lclr/vol10/iss1/11 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. FEATURE ARTICLES Consumer Choice: The Practical Reason for Both Antitrust and Consumer Protection Law Neil W. Averitt, B.A. Harvard, M.Sc. London School of Economics, J.D. By Neil W. Averitt and Robert H. Lande Harvard, is an attorney in the Office of Policy & Evaluation, Bureau of Competi- tion, Federal Trade Commission. Mr. Averitt can be reached at <[email protected]>. This article is about the relationship between Robert H. Lande, B.A. Northwestern, antitrust and consumer protection law. Its M.P.P. Harvard, J.D. Harvard, is Professor purpose is to define each area of law, to delin- of Law, University of Baltimore School of Law. Mr. Lande can be reached at eate the boundary between them, to show how <[email protected]>.