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This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the
competition, and work through normative conflict. ”). 20 . See, e.g., SARAH SONG, IMMIGRATION AND DEMOCRACY (2018); DAVID MILLER, STRANGERS IN OUR MIDST: THE POLITICAL PHILOSOPHY OF IMMIGRATION (2016); PETER H ... ...............................1323 C. Quashing Experimentation with Noncitizen Status .........................1326 D. Shoring up the Sanctity of National Immigration Law ....................1328 E. Dialectical Political Lessons for
future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings
...................................................................1412 1. Adjudicative and Legislative Facts ................................................1412 2. Political Process ...............................................................................1413 3 ... ..................................................................................1416 C. Some Doubts about the Standard Justifications ...............................1417 1. Adjudicative and Legislative Facts Revisited ...............................1417 2. Political Process
become influential in shaping public discourse. These digital platforms have established new modes of communication that enable individuals from different ethnic, political, and racial backgrounds to come ... .....................................................................1486 B. Twitter’s Influence on Political Discourse .........................................1488 II. Twitter as a Common Carrier
pursuing political or economic goals. They allow people to pursue ends that require or benefit from group activity, such as playing music together. They allow for dialogue, deliberation, negotiations ... Article makes several contributions. First, it focuses on associations themselves rather than associations as vessels for political organizing. This focus allows the Article to examine the effects of the
, and it has been largely forgotten in the vast literature on the social, legal, and political upheavals of the Civil War.2 The available sources do not even 1. Police Headquarters, N.Y. SUNDAY MERCURY ... , 118 MICH. L. REV. 1027 (2020) (reviewing ROBERT L. TSAI, PRACTICAL EQUALITY (2019)). 17. A Police Trial, supra note 2. 18. Social, political, and cultural historians have long recognized the ways that
?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This
the Law and Philosophy Commons , Law and Politics Commons, and theReligion Commons Follow this and additional works at; https; //scholarship; law; uci; edu/ucilr - Political Theology with a ... and religion, I failed to appreciate how the liberal tradition of legal and political philosophy on which I work could be illuminated by the theory of the state of the exception or by political theology
political question doctrine. In doing so, the Ninth Circuit held that the political question doctrine was jurisdictional. As of this moment, only the Ninth Circuit has explicitly answered the question of
important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of
By David Kaye, Published on 02/01/13
in police-civilian encounters, this new model of policing promotes a climate of reassurance within communities that promotes their social, economic, and political vitality. Instead of focusing on harm ... crime reduction are less compelling when crime is low, although the public still overestimates the amount of crime.35 Being tough on crime is less important as a political image. Additionally, people are
political theories of punishment: expressivism and liberalism. A latent but mostly unstated premise of both theories, I claim, is that criminalization must be undertaken by a democratic institution. Given ... illegitimate because agencies are an illegitimate source of criminal law. To say that the legitimacy of criminal laws depends on their source, though, requires a political theory of punishment—a theory that
potential labyrinth of litigation. A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that typically has no merit, but is filed to prevent the defendant from participating in a political ... School of Law Digital Commons. For more information , please contact , USA - ELECTION SLAPPS: EFFECTIVE AT SUPPRESSING POLITICAL PARTICIPATION AND GIVING ANTISLAPP STATUTES THE SLIP I. II. III. IV
.....................................................172 B. Rearticulating the Hunter Principle ........................................................174 III. Schuette and the Death of the Political Process Doctrine
final and absolute political authority in the political community . . . ’ and no final absolute authority exists elsewhere. ’ ” ); JEREMY RABKIN, WHY SOVEREIGNTY MATTERS 2 ( 1998 ) ( “A sovereign state is ... sovereignty . . . holds that every political community must have a locus of authority that is unlimited, undivided, and unaccountable to any higher authority. ” ); CARL SCHMITT, POLITICAL THEOLOGY: FOUR
luck is prominent not only in the common sense of laymen,11 but also the literature in legal theory and moral and political philosophy. 12 Of particular interest to tax scholars is how the idea relates ... to distributive justice, the area of political philosophy which examines how we ought to distribute the benefits and burdens of a society among its members through institutional design. 13 Luck
their motions.158 First considering the question of equal protection, the court determined the definition of Indian child was a racial, rather than political, classification.159 The court reasoned that ... families.194 To determine the constitutionality of these provisions, the courts first question was whether they are based on political or racial classifications.195 Political classifications need only to
