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proven difficult to articulate a definition of domestic terrorism that does not implicate the right to political protest.25 The right to protest is critical to a functioning democracy26 — but so too is the ... ability to live free from a persistent threat of violence.27 It is thus difficult to express when, exactly, we should label an act that is meant to create political pressure as an act of terrorism. This
to examine the multiple identities of Black women and how such identities determine their representation in socio-cultural and political spaces. The findings from this study show that agency is a major ... ., 2019) . Lightfoot eventually emerged as the winner. Lori Lightfoot’s Black woman identity sets a new tone for the city’s political climate as well as the Black community. It showed a vigorous attempt to
an appellate court. This role for Article III courts might become more important with the increased political control of administrative adjudication that an Article II line of the U.S. Supreme Court’s ... alleged to support agency action that is considered “extraordinary” in light of history, the scope of the agency’s alleged authority, and the “economic and political significance” of the action.11 By
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 death
or views on the subject.”18 Infractions would incur disciplinary action.19 In January 2018, a transgender woman, Jane Doe, showed up for the first day of Meriwether’s political philosophy course.20 As ... Defendants from efficiently providing services to the public (or even threatened to do so).”76 The others alleged that Doe had remained in Meriwether’s political philosophy class throughout the semester, had
individual instructors. HB 7’s overarching objective is to disallow course discussions and assignments on systemic and structural analyses of how race and racism have impacted the social, political, and ... of Florida Historian Paul Ortiz describes faculty compliance with stringent new state laws as an example of the political theory concept of “anticipatory obedience,” saying: “The state doesn’t even
contributed to political polarization. A case study of the impact of one firm’s acquisition of affiliates demonstrates the relationship between consolidation and polarization, while the firm’s recent attempted ... guarantees viewed in light of the “marketplace of ideas” metaphor with concerns raised by commentary identifying a link between consolidation and political polarization, this Note asserts that the regulations
to the current literature, which seeks to give judges more power to distinguish among factual claims, this Article takes a more holistic approach, focusing on political, economic, doctrinal, and ... overlapping political, economic, doctrinal, and institutional forces. Therefore, solutions should be multifaceted as well.29 The conventional narrative of misinformation and the law focuses on media literacy
down agency rules when an agency claims an unheralded power to regulate an issue of deep economic and political significance. The U.S. Securities and Exchange Commission (SEC) arguably claims such a ... cigarettes were not “drugs and devices.”194 The Court stated that it was “confident that Congress could not have intended to delegate a decision of such economic and political significance to an agency in so
by a hybrid of institutions rooted in both electoral and deliberative democratic models for legitimating the exercise of political power. In our current historical moment, I have suggested that “[d ... , would be salutary.34 She argued that presidential administration would increase accountability by making more transparent the political decisions that were driving even technocratic decision making.35 And
laissez-faire philosophy. Legal systems need to decide how to approach this tension and specifically whether, and to what degrees, to allow parties to freely contract around the legal norms set forth by ... perception of copyright law as promoting Congress’s delicate balance between conflicting interests and contract law’s deeply rooted laissez-faire philosophy, can raise the possibility of preemption. And indeed
war crimes prosecutions in Ukraine. Second, we live in a time of polarization, both at home and abroad. Cultural and political division is elevated domestically, while the international community ... survey theories of philosophy, psychology, and sociology that show the complexity of social meaning. It argues that this dynamic thus complicates scholarly notions that criminal justice should do
The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and...
inaction due to ongoing political polarization, asks whether presidential intervention is warranted. More specifically, this Note determines whether the Act’s current interpretation meets Congress’s intent ... Congress’s failure to follow the Kerner Commission’s recommendations over fifty years ago, either due to “paralysis of analysis” or fear of political fallout, is still indicative of the response legislators
legal doctrine outside of prison law. Judicial deference of many sorts has come under recent scrutiny. For example, scholars and advocates across the political spectrum have challenged the premise of ... FORMS OF JUDICIAL DEFERENCE Judicial deference to other government branches and agencies is not unique to prison law nor to the criminal legal system. Federal courts defer to state and federal political
has continued to ground anti-trans* activism in the United States. Gender Affirming Healthcare-as-Sterilizing: A Slippery Slope Broader cultural and political discourses around gender and sex/uality ... with trans* identities, but KP-0401 takes one step further to implicate not just youth, but their parents, into this “drift” and the negative affects it contains (p. 65). The political/social/legal
basic definition of political representation in contemporary political philosophy—that is, representatives act to benefit their constituencies, not themselves.148 The President is one such official and ... factual findings or 35. Some might wonder why Presidents would impose such requirements on themselves, but Presidents frequently impose procedural constraints on themselves, and there are political
Upheaval, and Political Polarization 0 Postdoctoral Research Fellow, The Graduate Center, City University of New York, Institute for Research on , USA 1 This Symposium is brought to you for free and open ... Black women are required to pay an inclusion tax through uncompensated invisible labor and more specifically emotional and cognitive labor5 during the COVID-19 pandemic, racial upheaval, and political
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 rejection of absolutist concepts. All principles are true in merely a relative way. The individual is
). 2. See, e.g., David Alan Sklansky, The Changing Political Landscape for Elected Prosecutors, 14 OHIO ST. J. CRIM. L. 647, 647–49 (2017); Bruce A. Green & Rebecca Roiphe, When Prosecutors Politick ... and political functions.10 Drawing on the work of cultural theorist Stuart Hall and criminologist Jonathan Simon, I argue that criminal law and prosecution have come to operate as primary sites of
