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Criteria Developed by the European Court of Human Rights on the Dissolution of Political Parties

While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been ... member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties

Desegregation: Its Implications in the Constitutional, Political, Legal, Economic and Sociological Spheres of Southern Life

considered in this exposition. The remarks contained herein will be confined to some * Dean of the Graduate School, Fordham University. Associate Profc_. or of Political Theory and Government, Fordham

The Distinct Cases of Kosovo and South Ossetia: Deciding the Question of Independence on the Merits and International Law

of doing so, other countries used these cases for ideological and political posturing and continued to do so as of the end of 2008. This Note will review Kosovo and South Ossetia and attempt to take ... HANSE L. REV. 73, 75 (noting that Vladimir Ilyich Ulyanov-Lenin invoked self-determination, based on socialist political philosophy and "wedded the right of self-determination to the right to secession

Toward a Small Donor Democracy: The Past and Future of Incentive Programs for Small Political Contributions

introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political ... that political contribution incentive programs are a promising approach to increasing the voice of small donors and states several issues with this and qualifications to its success. Thomas Cmar

Insulating Incumbent Judges from the Vicissitudes of the Political Arena: Retention Elections as a Viable Alternative

predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system. ... VICISSITUDES OF THE POLITICAL ARENA: RETENTION ELECTIONS AS A VIABLE ALTERNATIVE (CJC)2 constitutes the primary source of ethical law governing the political activities of incumbent judicial candidates3 and sets

Religion and Political Campaigns: A Proposal to Revise Section 501(c)(3) of the Internal Revenue Code

positions to further or impede political causes and political campaigns.' Although critical junctures in American history have long been accompanied by religious and political controversies,3 as well as by

Is It Really All About Race?: Section 1985(3) Political Conspiracies in the Second Circuit and Beyond

recognized rights. Section 2 of the Ku Klux Klan Act, codified as 42 U.S.C. § 1985(3), presents such a remedy. However, it is unclear whether the statute applies to conspiracies motivated solely by political

Taking Back What’s Theirs: The Recess Appointments Clause, Pro Forma Sessions, and a Political Tug-of-War

..................... 2099  2. What If Cordray’s Appointment Is Invalid? .................... 2101  3. The Political Check on Recess Appointment Authority .. 2102  IV. A MODIFIED FUNCTIONALIST STANDARD AND ADDITIONAL

American Courts and the Sex Blind Spot: Legitimacy and Representation

We argue the legacy of explicit sex bias and discrimination with relation to political rights and social status begins within government, hewn from state and federal lawmaking. As such, male ... . CENSUS BUREAU, http://www.census.gov/quickfacts/fact/table/US/LFE046217 [https://perma.cc/PBS8-RW8D] (last visited Apr. 10, 2019). their political power remains comparatively marginal. This is not a matter

Immune from Review?: Threshold Issues in Section 1983 Challenges to the Delegate Selection Procedures of National Political Parties

Scholarship and History. For more information , please contact - Article 4 INTRODUCTION Consider the following hypothetical political party policies. First, in a continuing effort to emphasize strong ... their party's actions. Most courts have interpreted Supreme Court precedent to mean that political parties are immune from judicial review-either because party action does not constitute state action,3 or

A Narrow Eleventh Amendment Immunity for Political Subdivisions: Reconciling the Arm of the State Doctrine With Federalism Principles

exception is the "arm of the state doctrine," which distinguishes between political subdivisions and arms of the state.9 A political subdivision is a local governmental entity that is in some ways distinct ... from the state,' 0 but that nevertheless exercises a "slice of state power." '' Although suits against a political subdivision implicate the state's sovereign power,' 2 a political subdivision has no

Political Insider Trading

political spending. Therefore, adopting a similar common law fiduciary rule that Business Organizations managers must disclose the amount and target of political expenditures or refrain from engaging in ... Michael R. Siebecker* Should the same legal principles that prohibit insider trading require corporations to disclose their political spending as well? The question seems particularly important in light of

The Political Economy of City Power

://ir.lawnet.fordham.edu/ulj THE POLITICAL ECONOMY OF CITY POWER Richard C. Schragger* Introduction ........................................................................................91  I. Weak Cities ... revealed both the entrenched inequities in America’s basic infrastructure and the striking limits of the electoral, economic, and political power of residents living in struggling municipalities.7 This lack

Equality, Liberty, and a Fair Income Tax

This Article summarizes various formal theories of justice and of income taxation. It explores the nature of the American perception of justice. First, it provides an overview of the two political ... prerequisites for developing conception of justice") (citation omitted). In contradistinction, John Rawls does not consider his theory or political philosophy in general as a withdrawing from society. Rather, he

The Lawyer's Role in a Contemporary Democracy, Promoting Social Change and Political Values, Natural Legal Guardians of Judicial Independence and Academic Freedom

class wages, rising unemployment rolls, and the most divisive political culture since the 1860s. The Bush administration will go down in history as the most corrupt, least legitimate, most disgraceful

Pregnancy and the First Amendment

encourage other countries to adopt democratic principles . . . it was not constitutionally required to fund a program to encourage competing lines of political philosophy such as communism and fascism.?16 ... fear the government?s speech because it remains accountable to political checks: ?[W]hen the government speaks, for instance to promote its own policies or to advance a particular idea, it is, in the end

The Lawyer's Role in a Contemporary Democracy, Promoting Social Change and Political Values, Debunking the Myth of Civil Rights Liberalism: Visions of Racial Justice in the Thought of T. Thomas Fortune, 1880-1890

Fortune's early life, examine the ideas to which he was exposed through his legal training at Howard Law School, and describe his early journalism career and his underlying political philosophy as articulated ... political and economic philosophy that guided his journalistic writings throughout the 1880s. A brief examination of that work completes my background discussion here. 2. Fortune's Creative Accomplishment in

Article 82: The Last Frontier – Fighting Fire With Fire?

control. But even a statute as venerable as Article 81, whose early interpretation can be traced to a tradition of political economy (ordoliberalism) unrelated to economic analysis, has been subjected to ... freedom of action of * Partner in the Brussels office of Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates. 1. Ordoliberalism is a social/political philosophy extended to competition law policy. Its

The Lawyer's Role in a Contemporary Democracy, Promoting Social Change and Political Values, True Confessions About the Role of Lawyers in a Democracy

their status, special skills, and training, lawyers have the opportunity and indeed the obligation to help attain the nation's political imperative of consolidating democracy"). 3. My background is ... discussed infra note 6 and accompanying text. 4. Indeed, Rakesh Anand suggests a conception of lawyers that would forbid lawyers to act as cause lawyers or to select clients on the basis of their political

Contractual Welfare: Non-Accountability and Diminished Democracy in Local Government Contracts for Welfare-to-Work Services

implementation - under a strong "work first" philosophy, and in substantial reliance upon public and private vendors for the delivery of work-related services - of the TANF program. ... REFORM: COLLECTIVE ACTION, SOCIAL MOVEMENTS AND CYCLES OF PROTEST (1989), "new populism," e.g., CARL BOGGS, SOCIAL MOVEMENTS AND POLITICAL POWER: EMERGING FORMS OF RADICALISM IN THE WEST (1986), or