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Proposing a Uniform Remedial Approach for Undocumented Workers Under Federal Employment Discrimination Law

’ fees). This new approach represents a balanced “middle ground” that draws from the many relevant sources on this issue, including: the IRCA and its congressional philosophy and legislative history; U.S ... and its underlying congressional philosophy, (ii) the Supreme Court's NLRA precedent, and (iii) the policies and purposes of both federal employment discrimination law and federal immigration law

Gender, Justice and Gender: An Unfinished Debate

Equal Rights Amendment passed. On the other hand, the leaders of the newly re-burgeoning field of political philosophy-John Rawls, Ronald Dworkin, Brian Barry, and Steven Lukes, for example-paid no ... * INTRODUCTION The revival of Anglo-American political theory and the revival of feminism in what came to be called its "second wave" both emerged early in the second half of the twentieth century. To situate

CFIUS in the Age of Chinese Investment

occasion, acquire—U.S. counterparts. This trend has set off alarm bells over fears that China’s unique political and economic system, which gives the state extensive influence over all corporations ... , the spurt of investment was motivated by political rather than economic considerations.26 The executive order establishing CFIUS set forth the basic structure of the Committee and stipulated that it

The Incoherence Between Rawls's Theories of Justice

the author of Realizing Rawls (1989) and has written numerous important papers in ethics and moral and political philosophy, especially on global justice and on the work of Rawls and Kant. basic ... fundamental equality of all persons. The parties have the task to agree on a public criterion of justice for assessing alternative feasible * Columbia University, Department of Philosophy. Professor Pogge is

The Law of Peoples, Distributive Justice, and Migrations

membership ought to be considered a human right, in the moral sense of the term, and that it should be respected as a legal right * Eugene Meyer Professor of Political Science and Philosophy, Yale University ... provisions. I. RAWLSIAN PEOPLES Political membership has rarely been considered an important aspect of theories of domestic and international justice. John Rawls's political philosophy is no exception. By

IDA's Way: Constructing the Respect-Worthy Governmental System

political society, seen as a great deal of contemporary political philosophy has been inclined to see it. Liberal theory lately has given a lot of attention to the existence of such disagreement as I have ... , and their leaders, who find themselves, for very good and strong reasons, in a certain situation of the greatest interest to political thought: determined to stick together, but to do so in ways and

Ensuring the Stability of Presidential Succession in the Modern Era

nation’s three succession statutes, examines the Twenty-Fifth Amendment that has served the nation well, and discusses political party rules and procedures for responding to succession contingencies in the ... for reform are shaped by an in-depth study of legal, political, and practical complexities, which were especially enhanced by insights from the following presidential succession experts and

Being a Woman, Being a Lawyer and Being a Human Being–Woman and Change

& Contemp. Probs. 33 (Autumn 1987) (economics is indeterminate within a wide range; conceptions of law and economics are driven by political philosophy). 28. By assuming that markets work to achieve ... of the price of violation, the philosophy of Whitney North Seymour, who was fond of quoting Lord Moulton: "'The measure of a civilization is the degree of its obedience to the unenforceable.'" A Visit

Capabilities and Human Rights

relationship to other basic concepts. 11. See Martha C. Nussbaum, Nature,Function,and Capability: Aristotle on Political Distribution,in [Supplementary Volume] Oxford Studies in Ancient Philosophy 145 (Julia ... some of the positive dividends one may reap. I shall begin by describing the capabilities approach and the motivations for its introduction: what it was trying to do in political philosophy, how it

"Bound Fast and Brought Under the Yokes": John Adams and the Regulation of Privacy at the Founding

protestations against Calvinism, reformed Christianity clearly remained important in his thought. At a minimum, it harmonized with his political philosophy, providing a theological underpinning for his theories ... . On the contrary, Adams displayed a marked suspicion of privacy and the private life. Although he rarely employed the term "privacy," Adams's highly developed political theory assumed the existence of

Time, Uncertainty, and the Law of Corporate Reorganizations

philosophy to problems of economic theory and policy); Friedrich A. Hayek, Law, Legislation and Liberty: The Political Order of a Free People (1979) (describing various means for both avoiding a totalitarian ... B6hm-Bawerk in the field, and has little reference to Mengerian subjectivism; (3) Libertarian Politics-due largely to the work of Murray Rothbard in political philosophy, many economists conflate

The Schneiderman Case–Some Legal Aspects

political philosophy twenty years ago. On January 21, 1924,42 Chief Justice [then Secretary of State] Hughes transmitted to the Senate Judiciary Committee an exhaustive 500-page document fully developing the ... American citizenship, a civic relation between individual and Nation eloquently defined by Justice Murphy as "the highest hope of civilized While the Schtneiderman case revolved about the political rights of

The Looming Battle for Control of Multidistrict Litigation in Historical Perspective

the current political climate. First, I review the history to explain why the MDL framework was built without Rules Committee involvement. Then, I fast-forward to the present day and discuss briefly the ... Political Economy, 165 U. PA. L. REV. 1531, 1560 (2017) (noting that “[m]any scholars have decried the increasingly narrow ken of the Advisory Committee and its growing instinct for the capillary, not the

On What Distinguishes New Originalism from Old: A Jurisprudential Take

standards of contemporary political philosophy and social sciences, respectively. Finally, we do believe that the correctness or incorrectness of (OL) is a legal matter, and that arguments for or against it ... feature (or something very close to it) is the nub of the matter. It is the feature that amounts to “the center of * Richard Dale Endowed Chair in Law, Professor of Philosophy, The University of Texas at

The Living Hand of the Past: History and Constitutional Justice

second fallacy, which I shall refer to as the "Aesthetic Fallacy." People in the grip of this fallacy suppose that the Constitution is like a poem, a symphony, or a great work of political philosophy. Each ... to subordinate the judgment of present generations to the wisdom of their distant (political) ancestors. Second, the real problems of reconstructing coherent intentions and understandings from the

“I Am Undocumented and a New Yorker”: Affirmative City Citizenship and New York City’s IDNYC Program

status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender ... MEMBERSHIP 27 (2006) (articulating a broader theory of “citizenship as membership” which encompasses “[s]tatus, rights, political engagement and identity”). 10. See infra Part II.C. 11. Affirmative City

"A Dr. Strangelove Situation": Nuclear Anxiety, Presidential Fallibility, and the Twenty-Fifth Amendment

field of legal history by examining cultural and political factors, this Article argues that nuclear anxiety provides another important explanation for the incorporation of the Amendment. ... institutions.”5 The Bulletin recognized that nuclear anxiety—defined here as the “fear of nuclear war and of its consequences”6—had become a staple of American popular and political culture but was also

The Importance of Humility in Judicial Review: A Comment on Ronald Dworkin's Moral Reading of the Constitution

considerations of pure political philosophy"). 44. Dworkin, Freedom's Law, supra note 1, at 2-4. 45. The words of the Constitution are not authoritative for fetishistic reasons, but because they are the verbal ... are "best understood."' 2 This means that judges should decide, frankly, on the basis of their "own views about political morality" rather than purporting to decide on the basis of such "metaphorical

Our Administrative System of Criminal Justice

order in response to social and political change. ... response to social and political diange. DAWYERS in the common law tradition like to emphasize the differences between the Anglo-American "adversarial" system of criminal justice and the continental or

Justices Harlan and Black Revisited: The Emerging Dispute Between Justice O'Connor and Justice Scalia Over Unenumerated Fundamental Rights

deciphering the Constitution's principles, judges must establish a moral and political philosophy.' Further, judges should not vary their philosophies from case to case, randomly deciding which rights they wish ... theories, adopting the fundamental rights theory of constitutional interpretation. If so, then Justices O'Connor and Scalia, two Reagan appointees and political conservatives, may suddenly have become