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Activism or Domestic Terrorism? How the Terrorism Enhancement Is Used to Punish Acts of Political Protest

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

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 death

The Multitudinous Racial Harms Caused by Florida’s Anti-DEI and “Stop WOKE” Laws

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

Prosecution and Polarization

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

Prosecuting the Crisis

). 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

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 ... connections between privatization and political accountability. Political accountability is to be understood as the amenability of a government policy or activity to monitoring through the political process

The Political Economy of City Power

. L.J. 91 (2017). Available at: https://ir.lawnet.fordham.edu/ulj/vol44/iss1/4 - Article 4 Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj THE POLITICAL ECONOMY OF CITY POWER ... 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

New York City’s Public Housing Preservation Trust: The Case for Cautious Optimism, Necessity, and Racial Justice

opposed to a direct housing provider. Thus, there was a “steady disinvestment, both literal and political, from the commitment to provide safe, decent, and affordable housing through public ownership.” 62 ... During that era, many families that could leave public housing did. As Richard Rothstein noted, “[t]he loss of middle-class tenants also removed a constituency that had possessed the political strength to

Do Not Resurrect the Draft: The Current Recruiting Crisis and Why the United States Should Sustain the All-Volunteer Force

draft will heavily influence public opinion against the draft. Historical perception is a political reality that policymakers must recognize. Public opinion has not always been against conscription. The

Crime, Gun Control, and the BATF: The Political Economy of Law Enforcement

use their discretionary law enforcement authority selectively, not only to channel benefits to specialinterest groups in return for political support, l2 but also to quash dissent by harassing members

Race, Racial Bias, and Imputed Liability Murder

these analyses. The U.S. criminal legal system is in the midst of a deep reckoning as scholars, policymakers and activists across the political spectrum question the efficacy and equity of American ... . at 798 (quoting H. L. A. HART, Punishment and the Elimination of Responsibility, in PUNISHMENT AND RESPONSIBILITY: ESSAYS IN THE PHILOSOPHY OF LAW 158, 162 (1968)) (holding that the Eighth Amendment

Local Action, Global Problem: Why and How New York City Is Tackling Climate Change

Act and state-led electricity decarbonization, may reduce the costs to building owners of lowering building emissions, and therefore increase the political and economic viability of New York City’s ... building mandates. In sum, the history of New York City’s decarbonization efforts emphasizes the potential for local action to address climate change and the difficult political economy of such action

Prosecutors as Partisans

different points on the political spectrum and different places on the American map. This Essay develops these descriptive claims and considers their normative implications. A more partisan politics of ... prosecution could pay dividends in the form of more transparent political tradeoffs, greater public engagement and participation, and enhanced local political agency. But it also carries risks — to societal

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. ... ultimate 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

The Political Economy of Female Violent Street Crime

Justice, City University of New York 0 John Jay College of Criminal Justice, City University of New York , USA 1 Deborah Baskin, Ira Sommers, and Jeffrey Fagan, Th e Political Economy of Female Violent ... with the effects of political economic decisions over which they have little control. These decisions include not only the allocation and policies of legal institutions, but also decisions regarding

Progressive Prosecutorial Accountability

(2010) (criticizing the outsized role that prosecutors play in pleabargaining); William J. Stuntz, The Pathological Politics of Criminal Law, 100 MICH. L. REV. 505, 533–40 (2001) (discussing the political ... different key. For perhaps the first time in modern memory, political forces have aligned to enact measures to reign in prosecutorial authority and hold prosecutors accountable for misuse of their power. The

Pittfalls of Progressive Prosecution

of the attacks directed at progressive prosecutors appear to be little more than political opportunism. But others appear to be attributable, at least in part, to various problems with the progressive ... national “brand” for would-be local prosecutors. Part II explains how these two themes in successful campaigns have the capacity to become political liabilities for incumbent progressive prosecutors.5 Using

The (Immediate) Future of Prosecution

the limits of such programs, and face the binary.9 One hopes she, or at least her bosses, can use their political capital to press for a richer set of options: more alternatives to incarceration, more ... humane correctional institutions, and even a more just society.10 Only the most benighted prosecutor thinks criminal charges are the fundamental solution to any social (or political) problem. Full-throated

The Poor Reform Prosecutor: So Far from the State Capital, So Close to the Suburbs

://www.theguardian.com/us-news/2017/feb/01/donald-trump-us-mexico-relationshistory [https://perma.cc/95RP-G6ZD]. below the academic, political, and media radars, local prosecutor elections now often become national news.2 ... impediments but on two inter-related political ones, limitations that are tied to the geography of prosecution. That prosecutors in the U.S. 8. In Harris County (Houston and its suburbs), but basically nowhere

Hz. Ali’nin, Ebû Cehil’in Kızı İle Evlenme Teşebbüsü Hakkındaki Rivayetlerin Değerlendirilmesi

Ali, one of the important figures in the history of Islam, has a extraordinary life that draws attention to his extraordinary life, family life, relations with his environment, and political struggle ... political conflicts and being the son-in-law of the Prophet made him different from other people. Therefore, some of his actions caused controversy. One of Ali's most controversial action is his attempt to