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The Modern Origins and Evolution of the North Carolina Political Question Doctrine

This Article explores the development of the political question doctrine in North Carolina jurisprudence. The Article describes the federal origins of the doctrine and charts its adoption in North ... of the doctrine and charts its adoption in North Carolina, first through the litigation of fundamental rights cases and later in separation of powers matters. The political question doctrine is a

A Room Without a View(point): Must Student-Housing Employees Trade Free Speech for Free Rent?

empower it, requires that its decisions be known and subject to political and, where appropriate, judicial review.”). 48. See, e.g., Cornelius Hocker, IUPUI Students Continue to Push for Changes to Stop ... . §§ 152(2), (3) (defining an NLRA-covered “employer” as excluding federal government, state government, or any political subdivision thereof, and defining an NLRA-covered “employee” as excluding “any

Influenced or Influencer? OIRA's 12,866 Meetings in Review

great responsibility, and OIRA has been maligned by groups across the political spectrum for failing to exercise its power responsibly.5 Some have criticized the office for being 2. As Donald Arbuckle ... Wrong Way to Write a Regulation, 99 HARV. L. REV. 1059 (1986). 3. KENNETH F. WARREN, ADMINISTRATIVE LAW IN THE POLITICAL SYSTEM 59 (6th ed., 2018). See generally Susan Webb Yackee, The Politics of

Constitutional Law - A New Test for Political Firings

The question of whether a government employee may be dismissed solely because of his political party affiliation is of continuing importance to some twelve and a half million employees at all levels

The Americanism of Justice Holmes

hopelessly violent. There is the tender Holmes, who jealously guarded the time he could spend enjoying literature, philosophy, and art. And there is the scholarly Holmes, who left behind a litany of ... to British political theorist Harold Laski, “I see no right in my neighbor to share my bread. . . . except so far as he in combination has power to take it.”3 The reason? He had rejected “all

COVID-19, Health Justice, and the Privilege of Space: A New Critical Intersectional Framework for Creating a Prescription for Equal Well-Being and Applied to Addressing Health of Children Residing in Psychiatric Institutions

........................................................................................... 374 INTRODUCTION We are living through a historically significant moment, a critical juncture providing a rare opportunity for social change.2 Underlying political, economic, and social incentives ... President Donald Trump.4 This seismic political event was quickly overshadowed by disaster—the deadly pandemic.5 On March 16th, 2020, Americans were sent home and told to stay there.6 Indefinitely. A year

Expanding Printz in the Sanctuary City Debate

American attitudes toward immigration shift with changes in the nation's economic and political climate. While waves of immigration to the United States are motivated by various factors, the extent ... sanctuarycities. [Vol. 40:1 A. Repeal ? 1373 to Prevent Future Federal Legislation Attempting to Subvert Sanctuary Cities ...........2.6.0............ B. Separate Political Ideologies of Immigration from the

Restoring Balance to the Federal Tax-Exemption Regime’s Treatment of Hospitals: Let Their Actions Speak Louder Than Their Charters

] does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.38 The clause ... scholar points out, this really just amounts to showing “that certain clauses—promising to eschew lobbying and political activity and all private inurement, for example—have been included in the

"Newtrality": A Contemporary Alternative to Race-Neutral Pedagogy

branches, the highest level of the judicial branch, the United States Supreme Court, is not beholden to any one group, political party, or philosophy. Rather, our justices are protectors of constitutional ... characteristics—one focused specifically on the pursuit of justice (pure integrity), the other focused on the integrity of political power (fairness integrity).38 While Dworkin’s conceptual framework provides a

Safeguarding Judicial Integrity During the Trump Presidency: Richard Nixon's Attempt to Impeach Justice William O. Douglas and the Use of National Security as a Case Study

his association with a political foundation as well as his four marriages, Ford reasoned that, in addition to the past allegations, Justice Douglas had become a threat to national security. Within two ... result, did not leave to future political leaders andjudges a means by which to gauge behavior that can undermine the independence ofthejudicialbranch. This Article is intendedto provide a historicalmodel

From Aristocracy to Democracy: The Legislative Ascent to General Statute in the Moral Science of the Law in North Carolina

with the great codifier David Dudley Field, II, and his later publications, which blamed the works of Sir Edward Coke and Sir William Blackstone for the difficulties encountered by political ... century, distracting the part-time general 57. Regarding the reinvention of the codification movement on a national scale, see discussion infra Part III. 58. Kitchin's political progressivism is alluded to

No-Knock Warrants: Protective or Predatory for North Carolinians?

an issuing magistrate will likely reduce the issuance of these dangerous warrants and channel law enforcement’s implementation of other, less hazardous, tactics. Second, given likely political

Preemption, Assassination, and the War on Terrorism

definition for assassination and its relationship to war; (2) examine both the historical and political underpinnings of the current United States policy on assassination; and (3) review sources of ... territorial integrity or political independence of any state, or in any other matter inconsistent with the Purposes of the United Nations." Id. art. 2, para. 4. The first enumerated "purpose" for the United

In Defense of Occupational Licensing: A Legal Practitioner's Perspective

while studying religions of the world to understand the tenants of Hinduism and Buddhism, but I do have a political scientist’s understanding of the philosophical positions that are espoused in the ... political realm. So, everyone should make the same amount of money irrespective of skill or ability? And that is being championed by avowed libertarian think-tanks? Is that not what we call “socialism”? Along

Mâverdî’nin Hilafet Nazariyesinin Siyaset Felsefesi Açısından Değerlendirilmesi

-Sultaniyya. I am going to evaluate in this work that religious? significance, essential aspects and coherence of M?ward??s theory from the point view of political philosophy by making fllowing determinations ... political philosophy and the basic politic principles of Islam. In addition, even though M?ward? defending that the Four Caliphate Periods, which he regarded it in his theory as a part of religion, he had

Mâverdî’nin Hilafet Nazariyesinin Siyaset Felsefesi Açısından Değerlendirilmesi

-Sultaniyya. I am going to evaluate in this work that religious? significance, essential aspects and coherence of M?ward??s theory from the point view of political philosophy by making fllowing determinations ... political philosophy and the basic politic principles of Islam. In addition, even though M?ward? defending that the Four Caliphate Periods, which he regarded it in his theory as a part of religion, he had

Patch by Patch: North Carolina's Crazy Quilt of Campaign Finance Regulations

scraps. The law is a dizzying array of proscriptions, requirements, and exceptions, sometimes based on speaker identity and sometimes based on the content or context of the political message. This quilt is ... political message. This quilt is what remained after the Fourth Circuit'sstrained and confusing decision in North Carolina Right to Life, Inc. v. Leake, decided in 2008, immediatelyfollowing the Supreme

İlahiyat Fakültesi Öğrencilerinin Mobil Öğrenmeye Yönelik Tutumları

of Philosophy of Religion (London: Epworth Press, 1986 ). 11 Harvey Cox , The Seduction of the Spirit (NJ: Wildwood House, 1974 ); David A . Paillin, “Din Felsefesi Nedir?”, çev. Ferit Uslu, Gazi ... Öğrencilerinin Mobil Öğrenmeye Yönelik Tutumlarının Bazı Değişkenler Açısından İncelenmesi: Sakarya Örneği”, 2nd International Congress on Political, Economic and Social Studies (ICPESS ), ed. Fatih Yardımcıoğlu

Religion and the Purification of Reason: Why the Liberal State Requires More Than Simple Tolerance

play in the political process? In the essay that follows, first, I explore the meaning of this provocative passage as elucidated in the other documents of Benedict's papacy, in the work of Joseph ... more remarkable in that it took place in a space swelling with meaning in terms of both the political history of the British people and the historic relationship between the Papacy and Christianity in

Liberty is Not Loco-Motion: Obergefell and the Originalists

preserved by the people under a Lockean social contract, interests the government must not arbitrarily infringe. John Locke (1632-1704) is the intellectual father of the political philosophy prevalent in ... constitutional prohibitions as a panacea for moral and political evils, to look upon courts of law, as distinguished from legislatures, as the only real protectors of individual rights, and to trust to the courts