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The Emerging First Amendment Law of Managerial Prerogative

achieving political accountability—an understanding with powerful roots in First Amendment jurisprudence. The Court’s opinion contains an account—concededly undertheorized—of managerial control over employee ... the scope of legitimate managerial prerogatives. Managerial prerogative, in turn, ensures that political officials have effective control over the functioning ofpublic offices-and therefore arefairly

This Constitution: Constitutional Indexicals as a Basis for Textualist Semi-Originalism

concepts;(5) a text expressing meaning by today's linguistic conventions;(6) a collection of moral concepts refined through an evolving tradition of moral philosophy;and (7) a collection of non-binding ... amended infrequently thereafter, or does it include as well a significant unwritten component derived from implicit assumptions of American political traditions?"). 6 "Indexicals are linguistic expressions

Civil Litigation Reform in the Trump Era: Threats and Opportunities Searching for Salvageable Ideas in FICALA

are prime targets. Moreover, the quick vote in the House shows that there is at least some political appetite for the proposed reforms. In anticipation of the reincarnation of the bill in some form, it ... political desire of defense-oriented reformers to prove to Congress and others that class members receive little compared to the amount that class counsel receive. But that is not a sufficient reason to

"A Distinction Without a Difference"?: Bartlett Going Forward

awards, both plaintiff and defendant, and the political arena, are considerable stakeholders. First, this Note provides an overview of the battle over the Food and Drug Administration's (FDA) regulatory ... ............................................ 330  * J.D. Candidate, 2016, Fordham University School of Law; B.A., Economics, Political Science, and Philosophy, Politics, and Law, 2013, Binghamton University. I would like to thank Professor

Are There Limits to Constitutional Change? Rawls on Comprehensive Doctrines, Unconstitutional Amendments, and the Basis of Equality

, and later political theory, could put the founding purposes of As is always the case with philosophy, Rawls's direct influence is almost entirely intellectual. Even political philosophy, when it has an ... exalted tasks of political philosophy. That task is to recognize the limitations of one's own philosophical perspective; to take into consideration the contrary perspectives of those who embrace different

The Troublesome Religious Roots of Religious Neutrality

Yet he was indifferent to most theological controversies. 70 Feeling mattered to him more than doctrine. 71 He made Jeffersonian political philosophy 64 SANDERS, supra note 32, at 215. 65 MARK A. NOLL ... poor, ignorant, and enthusiastic followers, and thus "succeeded in linking the political philosophy of the American enlightenment with the camp-meeting spirit."72 B. Madison's Synthesis The deism of

Agreements with Hell and Other Objects of Our Faith

translation or proper synthesis or even proper political philosophy. Fidelity is not a relationship between a thing and an interpretation of that thing. Fidelity is not about texts; it is about selves. Fidelity ... is an orientation of a self towards something else, a relationship which is mediated through and often disguised by talk of texts, translations, correspondences and political philosophy. Fidelity is an

When Theory Met Practice: Distributional Analysis in Critical Criminal Law Theorizing

acts, its massive size, its strong racial skew, and its unrelenting political popularity. Criminal law theorizing in the United States is also peculiar. Much of criminal law discourse, it seems, is ... to critical theorists (group, individual, philosophical, political, socioeconomic) within a broadened temporal frame.18 Careful empiricism can help critical criminal theorists identify appropriate

Registered Savings Plans and the Making of Middle-Class Canada: Toward a Performative Theory of Tax Policy

Campaigning politicians and elected governments across Canada’s political spectrum strive to position themselves as defenders of the middle class. This is to be expected given the large proportion of ... at only 47 percent. See Political Landscape Freezes with Winter Cold: Less than Half of Canadians See Themselves As Middle Class, EKOS POLITICS (Dec. 19, 2013), http://www.ekospolitics.com/index.php

Free Speech and the Confluence of National Security and Internet Exceptionalism

Brandenburg test to address perceived changes in our global environment. For the most part, Brandenburg has succeeded in mediating the balance between protecting political or ideological advocacy and enabling ... extreme ideas as the violent overthrow of government, can be a form of core political expression. But it also underscores the very real concern that when advocacy is strongly connected to unlawful conduct

Destiny by Statute

"thou shalt not's" of the American constitution were directed at the government-not at the citizen. Until this century every piece of political philosophy in that document was directed towards ... peculiarly painful to all but a very few humans-we accept whatever pleases our fancy from the philosophy of the past, without attempting to create a new and better philosophy. Because it would-entail thinking

Negotiating Between Two Convictional Systems

held by a comprehensive doctrine such as moral philosophy or a religious tradition should include. By narrowing the scope of questions and issues that "political liberalism's" conception of justice can ... between the two systems, subject to varying constraints imposed by the political philosophy of the prevailing system of law. What those constraints are and how they apply at different levels of the legal

Hands Off: When and about What

teach the truth or falsity of religious propositions; it can teach the truth or soundness of many assertions in the realm of political philosophy ("liberal democracy is a better form of government than ... present as true or sound various conclusions about science, morality, and political philosophy that are at odds with the doctrines of certain religious groups. Without a doubt, it may prohibit and regulate

Revisiting Against Settlement: Some Reflections on Dispute Resolution and Public Values

believed that the simple alternation of institutions (from adjudication to ADR) could change our political possibilities in fundamental ways. But once we characterize Fiss’s polemic for adjudication and ... compelling-responses when Against Settlement is read on its own terms. This essay, however, suggests that this standard engagement between Fiss and ADR threatens to obscure the larger political and social

Judicial Review Without Judicial Supremacy: Taking the Constitution Seriously Outside the Courts

utopia: he would interpret the Constitution to protect every right and produce every outcome that his liberal political philosophy would entail. And two, it is literally a theory for no place: he would ... integrity entail that our actual Constitution is imperfect when measured against the standards of any normative political philosophy or conception of justice. My tack for responding to the perfect

Principles of U.S. Family Law

consensus, however, that Lockean liberal individualism prevailed as the dominant political philosophy, and the notion of freedom as noninterference superceded the notion of freedom as non-domination. See ... were intimately familiar with and/or influenced by all aspects of Lockean thought. Nor does it minimize the likely influence of other political theorists. Yet as a political philosophy, liberalism was

Reflections on Fidelity

question of constitutional or legal interpretation, and I try to describe its interpretive character in the introduction to my next book, which is on general political philosophy. In any case, what I mean by ... . She asks: "Who do [] represent?" '2 No one. Of course I agree that political and legal theorists have a public responsibility-political philosophy, as I have said, is part of politics. Academic

Abortion, Precedent, and the Constitution: A Comment on Planned Parenthood of Southeastern Pennsylvania v. Casey

have been adversely affected if Roe had been overruled in its entirety. The interests of two groups stand out. First, many people clearly believe as a matter of moral/political philosophy that access to ... generally associated with a conservative political philosophy. By contrast, the Warren Court used the Constitution as a weapon against positions associated with conservatism. Statutory interpretation followed

Toxic Misogyny and the Limits of Counterspeech

reinforce sexism and misogyny. Rampant misogyny is not just found in the words and images of * Associate Professor of Philosophy, University of Connecticut; affiliated faculty of the University of Connecticut ... practices that put women qua women in a secondary place?not just as citizens and political participants but as human beings. MacKinnon uses Roberts v. United States Jaycees25 to argue that equality is a

On the Dividing Line between Natural Law Theory and Legal Positivism

unattractive tendencies of contemporary legal and political philosophy [is where a commentator] does not discuss anyone's views, but a family of views. This allows one to construct one's target by selecting ... Tradition, in HANDBOOK OF JURISPRUDENCE AND LEGAL PHILOSOPHY (Jules L. Coleman & Scott Shapiro eds., forthcoming 2000), availablein Social Science Research Network Electronic Library (last modified Dec. 12