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The Impossible in Political and Legal Philosophy

Arnold Breckt* I ON POLITICAL AND LEGAL PHILOSOPHY pOLITICAL PHILOSOPHY and philosophy of law have of late been treated as though they were two distinct fields of thought. But they cannot be so separated

Rethinking Political Power in Judicial Review

For decades, scholars have argued that the proper judicial response when democratically enacted laws burden politically powerless minority groups is more aggressive judicial review. This political

Requiem for American Nature Philosophy

, distinguishes the nature writing and environmental philosophy of postcolonial settler societies “marked by the death and/or dispossession of their original inhabitants.”2 In his fifth book, After Nature: A

Philosophy and the Politics of Unreason

choices, but about what philosophy can contribute to our understanding of our political lives. At stake in our different approaches, then, is not a set of political practices, but differing visions of the ... transparency-philosophy becomes just another form of the modem pursuit of reason. Reasonable rules for political practice are the ordinary domain of lawyers, at least since the New Deal made lawyers central to

War and Political Theory

the tested foundations of political liberty. 2 . . . . A supreme moment of history has come. The eyes of the people have been opened and they see."3 The war must and will be won. But as soon as it is

Political Water Rights

, and are boundaries only of political organization, such water rights (as distinguished from those of the lot-owners bordering the stream) would necessarily be of political origin-"for reasons of state ... in California by Palmer v. Railroad Commission,1 when it was there enunciated by the Supreme Court that the geographical location of a political body (in that case the discussion was relative to water

Developing a New Philosophy of Water Rights

rights philosophy and the miners' custom of appropriation. The riparian rights doctrine, developed where lands were * Member of the San Francisco bar; author of ANNOTATED CONSnTUTIon OF CAL1roRmA (6th ed

The Supreme Court and the Credentials Challenge Cases: Ask a Political Question, You Get a Political Answer


Reflections upon the Law of Political Parties

Political Parties Leonard M. Friedman* No one writes reflections any more. A bygone era treasured the essayist, the feuilletonist who held some aspect of life or law under scrutiny, discoursed lovingly for

Political and Legal Obstacles to Collaborative Ecosystem Planning

© 1997 by ECOLOGY LAW QUARTERLY * Robert A. Kagan is a Professor of Political Science and Law at the University of California at Berkeley. 1. See, BUREAU OF LAND MANAGEMENT U.S. DEP'T OF INTERIOR, RECORD

Political Speech, Sexual Harassment, and a Captive Workforce

.5 3 Professor Post does not explain why such an image would be so out of place, but his assumption seems to be that worksites are not a forum for political speech.5 4 This assumption is questionable

The Balancing of Self-Preservation against Political Freedom

- The Balancing of Self-Preservation Against Political Freedom' AlexanderMeiklejohn* S OME THITY or forty citizens, pleading that authority is granted to them by the first amendment, have recently

How Did RGGI Do It? Political Economy and Emissions Auctions

changes have remade the political economy of energy policy. The newly transformed utility sector now includes industry players who do not oppose auctioning. State legislators, fearing RGGI-induced wholesale

President Obama and the Polymorphous “Other” in Political Discourse

"Other"in U.S. Political Discourse Claire Jean Kimt At the Asian American Law Journal Symposium at Berkeley Law last spring,' I displayed two pictures from two presidential contests twenty years apart

Campaign Finance Re-Reform: The Regulation of Independent Political Committees

/californialawreview/vol71/iss2/18 Campaign Finance Re-Reform: Regulation of Independent The Political Committees Since the 1976 elections, independent political action committees have become an increasingly

Designing for Robustness: Overcoming Systemic Risk in the Political Branches

, the separation of powers has helped the U.S. political system to thrive. However, the 2013 crisis shows that sometimes the checks and balances written into the Constitution exacerbate, and are