Search results

The European Union and the Council of Europe were supposed to create continent-wide standards and rules for governance, commerce, and human rights. Yet subsidiarity remains an important principle respecting state-specific policy. Occasionally Pan-Europeanism and subsidiarity conflict and this is the case with LGBTQ and transgender rights. This Article examines the legal tensions surrounding the protection of human rights as it addresses transgender individuals and members of the LGBTQ community. It argues that the current framework of law supporting subsidiarity is inconsistent with the broader goals of non-discrimination at the heart of the values of both the European Union and the Council of Europe.

Abstract
Donald Trump's presidency produced a few legislative victories. Instead, as with his predecessors, the Trump presidency had to rely more on executive orders and other actions to move its agenda. But even this unilateral approach produced fewer results than his supporters hoped for or his detractors feared. This article will examine public policymaking and administration under the Trump Administration. It will argue that while the 2016 electoral victories for Republicans gave Donald Trump an enormous opportunity to move his political agenda, several factors prevented that from occurring.
These factors include indecision on the part of the Trump presidency whether to move a policy agenda or cripple the administrative state; denial of personal responsibility for policies or actions, a failure to understand the constitutional underpinnings of American politics and policymaking, especially when it comes to administrative agency action; intra-party disputes; party polarization; ethical, legal, and impeachment issues; governmental inexperience; and an overall inability to appreciate the differences between the American presidency and business leadership.
Overall, the article describes the political context of the Trump presidency and to explain how it, the structure of American government, and the overall indifference or failure of the Trump administration to understand how the government works rendered this presidency far less effective than it could have been. The lesson of the Trump presidency for the USA and other states is despite rhetoric and claims that outsiders or nontraditional leaders can affect governmental and policy change, they are often ineffectual or dangerous.

ABSTRACTConventional wisdom pervades presidential politics, and there is no doubt that this will again be true in 2016. First among "old politicians' tales" is that a political party's placement of a national convention in a specific state can affect presidential voting there, swinging or flipping it to its presidential candidate. Second, the selection of a vice-presidential candidate as a favorite son (or daughter) will deliver a state's electoral votes to a presidential ticket. Is either of these pearls of wisdom true? This article tests the truth of both the convention location and favorite-son claims and finds little evidence of their efficacy.