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Constitution Notwithstanding: The Political Illegitimacy of the Death Penalty in American Democracy

This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded ... concludes that the death penalty ought to be rejected as a matter of political philosophy and that permanent abolition cannot be achieved through the traditional courtroom attacks. Lasting repeal of the death

Judicial Independence and Accountability: Withstanding Political Stress in Poland

PiS came back to power in 2015, their leaders understood that bringing the judicial system under political control was crucial to the success of their other policy aims.22 PiS?s philosophy and policy ... philosophy and both, to some degree, included a broad spectrum of political interests from right, left, labor, and so on.60 In 2005, the PiS party candidates received a quarter of the vote, sufficient for a

Fundamentals of Holmes Juristic Philosophy

Supreme Court 13. Id. at 214. 14. Pound, loc. cit. supra note 2, at 452. 15. Wu, loc. cit. supra note 10, at 531. 16. C.L.P. 310; Laski, The Political Philosophy of Mr. Justice Holmes (1931) 40 YALE L. J ... . 683. The following excerpt from Laski is a good summary of Holmes' attitude toward absolutist ideas, and of his general philosophy of law: "The keynote of Mr. Justice Holmes' political outlook is a

In Defense of Wrongful Life: Bringing Political Theory to the Defense of a Tort

In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice

The Natural Law Due Process Philosophy

(though I will not address every point on which we disagree). The terms "natural law" and "legal positivism" have no stable meaning in contemporary legal, political, and philosophical discourse. It is

The Philosophy of Midcentury Corporation Statutes

seen that a more or less unmodified "en­ theologians, from business executives. abling act" philosophy is dominant in most of the recent corporation statutes, as it is in the Delaware statute. It is a ... same philosophy. Owen D. Young wrote that he con­ sidered himself a trustee not merely for stockholders, but for the corporate "institution"-i.e., for stock­ holders, employees, customers, and the

Public Reason and Political Justifications

hopes that this will help explicate the concept. In many regards, Rawls's moral and political philosophy is such an attempt to explicate the meaning and import of moral reasonableness-what reasonable ... considerations ought to be kept out of politics. For people have irresolvably conflicting philosophical and ethical beliefs too. Moreover, sometimes it may be wholly fitting within public political life for

The Legal Profession as a Blue State: Reflections on Public Philosophy, Jurisprudence, and Legal Ethics

public political philosophy into the analysis and offers a more nuanced account that explains the gradual erosion of the commitment to the public good that preceded its collapse. In addition to offering a ... world. It rejects the view that our actions are determined exclusively by material self-interest. Second, the essay does not provide a complete account of the history of public political philosophy

The Political Justification for Group Litigation

description and brief evaluation of models of democracy, see Amy Gutmann, Democracy, in 2 A COMPANION TO CONTEMPORARY POLITICAL PHILOSOPHY 521 (Robert E. Goodin et al. eds., 2007) (describing different theories ... comments on this piece. 1. I focus on the American class action and mass tort litigation models and on their legitimacy within the American political system. The legitimacy of international class actions

Nationalized Political Discourse

Several prominent efforts to emphasize the importance of the political arena as a forum for constitutional discourse assign little or no role to state institutions. Bruce Ackerman, for example, claims that ... low quality of national political discourse. They must notice the simplifications, the exaggerations, and the nastiness of presidential campaigns. They must shake their heads at the insincere posturing

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

Critical Race Science and Critical Race Philosophy of Science

Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically

Families, Associations, and Political Pluralism

might have been otherwise, but it is not. I am not trying to do Kantian-style political or moral philosophy valid for "all rational beings" (whatever that might mean) but rather for the kind of beings we

Privatization and Political Accountability

This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically

Makers and Receivers: Judicial Heresy and the Tempting of America

necessarily defined within the context of history, philosophy, and political theory, one larger than one is ordinarily able to consider as he praises or condemns the decisions of our courts. ... concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives of history

Election Law and White Identity Politics

politics often lack sophistication, historical context, or foresight. The political status quo is treated as race-neutral, when in fact it is anything but. Specifically, the doctrines rely upon sanguine ... doctrines rely upon sanguine theories of democracy uncorrupted by white identity?based political calculations, while in fact such calculations, made on the part of both voters and political parties, are

Someplace Between Philosophy and Economics: Legitimacy and Good Corporate Lawyering

do more good than harm, or even that they are intended to do so. Too often, law in economic and commercial settings is the product of special interest haggling, political grandstanding, or bureaucratic

Originalism as a Political Practice: The Right's Living Constitution

Fordham L. Rev. 545 (2006). Available at: - Article 5 AS A POLITICAL PRACTICE: THE RIGHT'S LIVING CONSTITUTION Robert Post & Reva Siegel* To whatever ... . Bork, The Tempting of America: The Political Seduction of the Law 143, 159 (1990); Dennis J. Goldford, The American Constitution and the Debate Over Originalism 24 (2005); Richard H. Fallon, Jr., A

The Political Economy of City Power

:// 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

The Value of Friendship in Law and Literature

successfully channeling the anxiety of influence created by competing art forms. A good judicial opinion, therefore, is one which elevates the art of judging above strong competing arts such as philosophy and ... signified-Virtue-among friends. Friendship is a concern of political philosophy.9 1 Montaigne, who writes on friendship with the aplomb of Aristotle, posits that the soul is purified by the practice of