Advanced search    

Search: Political Philosophy

2,327 papers found. Showing first 1,000 results.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

#MeToo & The Courts: The Impact of Social Movements on Federal Judicial Decisionmaking

impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should ... of strong pressure from the growing civil rights movement”); see also Jacquelyn Dowd Hall, The Long Civil Rights Movement and the Political Uses of the Past, 91 J. AM. HIS. 1233, 1258 (2016

Energy Sovereignty for Native American Nations: The Model Tribal Energy Code

numerous articles on Native American political economy and is the author of the book Strategies and Methods for Tribal Economic Development: Developing Sustainable Prosperity in Native American Communities ... authority forms the legal foundation for the political and economic relationships between the federal government and the governments of federally recognized Tribes.9 From this originating authority

Criminal Law and/as Political Theory

take opposing positions in these debates are nevertheless united in their embrace of Approach 1.5 Approach 2 sees criminal law fundamentally as a topic in political philosophy. On this approach, as

Triangulating Law and Political-Economic Development

fundamentally economic, eventually, social issues are implicatedand in case of child labor, indicated directly. The sum allows us to triangulate the complexity of elements in law and political economy that can ... political historiography and doctrinal development, and one might expect there would be little new *Associate Professor of Politics and International Affairs, State University of New York at Fredonia. 1

Political Dysfunction and Constitutional Structure

AMERICAN CONSTITUTION: A DEMOCRATIC PARADOX (STANFORD UNIVERSITY PRESS 2017). PP. 272. HARDCOVER $55. INTRODUCTION Our political system is failing us. Public trust in the national government has plummeted ... constitutional structure fails because of the many ways that a political minority can obstruct—or gain control of—the political process. The Electoral College allows for the selection of presidents who receive

The Paradox of Christian-Based Political Advocacy: A Reply to Professor Calhoun

at the outset that this is a difficult and complicated issue. It intersects with issues of constitutional law, theology, political theory, jurisprudence, philosophy, law and morality—and that’s just ... , understood by most as a religious doctrine or philosophy. And, what is important about the principles 58. Barnes, supra note 5, at 241 (citing “Law,” defined by Merriam Webster). 60. See JOHN RAWLS, POLITICAL

Church History, Liberty, and Political Morality: A Response to Professor Calhoun

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that ... same time—began to have I had so much amusement as in seeing the conspicuously shuffle God last grimaces of priests as they die.” out of political philosophy. Once its gestation was complete

The Proper Structure of Dormant Commerce Clause Review

bear the true political costs of their decisions, because those costs will fall in some measure on the residents of other political jurisdictions. “[T]he Court has often recognized that to the extent ... that the burden of state regulation falls on interests outside the state, it is unlikely to be alleviated by the operation of those political restraints normally exerted when interests within the state

The Critical Minute: Recording and Remembering Early American Political Thought

, R-FINAL COPY (DO NOT DELETE) THE CRITICAL MINUTE: RECORDING AND REMEMBERING EARLY AMERICAN POLITICAL THOUGHT MARY SARAH BILDER, MADISON’S HAND: REVISING THE CONSTITUTIONAL CONVENTION (HARVARD ... good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.” THE FEDERALIST NO. 1, at 1 (Alexander Hamilton

Anti-SLAPP Coverage and the First Amendment: Hurdles to Defamation Suits in Political Campaigns

contact , USA DAVID L. HUDSON, JR.* Defamation cases often arise out of intemperate or offensive statements made in political campaigns. These comments may refer to a candidate’s criminal history ... political speech, and speech about political candidates is inherently political speech. Thus, defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes

Mobilizing Roe: The Political Life of a Decision, Beyond Abortion and Beyond Courts

BATTLE FOR PRIVACY (HARVARD UNIVERSITY PRESS 2018). PP. 400. HARDCOVER $46.50. MOBILIZING ROE: THE POLITICAL LIFE OF A DECISION, BEYOND ABORTION AND BEYOND COURTS Roe v. Wade1 is the most visible and

Federal Common Law, Climate Torts, and Preclusion

within the state’s legislative competence.”23 Erie’s philosophy can be traced directly to notions of federalism and “is most seriously implicated when . . . federal judges displace the state law that would ... litigation lasted seven years, the case was ultimately dismissed on political question doctrine, standing, and federal displacement grounds.82 Similar results were reached in other first wave cases filed while

The Political Question Doctrines

political question doctrine is wrong. The doctrine as the Supreme Court has developed it is not a limit on the subject matter jurisdiction of the federal courts. It is, however, a limit on judicial power in ... its relations with political power. The doctrine has two branches. In one, courts treat certain legal decisions by political actors as conclusive. The leading example is recognition of states and

The Political Question Doctrines

information , please contact , USA JOHN HARRISON* Much that is said about the political question doctrine is wrong. The doctrine as the Supreme Court has developed it is not a limit on the subject matter ... jurisdiction of the federal courts. It is, however, a limit on judicial power in its relations with political power. The doctrine has two branches. In one, courts treat certain legal decisions by political

Playing with Words: Amar’s Nationalist Constitution

belittle the opposing constitutional approach of Madison and Jefferson as unprincipled political gamesmanship, instead of fully and fairly engaging with their arguments. Indeed, if Amar is correct that the ... , but also ordinary folks.3 Thus, We the People have given its words fresh meaning in light of political, social, and economic developments, while always attempting to remain true to—indeed, to perfect

The Troubled Presence of the United States in Italy’s Political Culture: An Overview

Stefano LuconiUniversity of Naples L’OrientaleItalyThe Troubled Presence of the United States in Italy’s Political Culture: An OverviewThis brief article examines the impact of US values on Italy’s ... , from 1947 to 1963, helped freeze the spread of US political values in the country.Whilethe PCIand itspartnersopposedthe American philosophy as a matter of principle, the domestic repercussions of the

The Troubled Presence of the United States in Italy’s Political Culture: An Overview

Stefano LuconiUniversity of Naples L’OrientaleItalyThe Troubled Presence of the United States in Italy’s Political Culture: An OverviewThis brief article examines the impact of US values on Italy’s ... , from 1947 to 1963, helped freeze the spread of US political values in the country.Whilethe PCIand itspartnersopposedthe American philosophy as a matter of principle, the domestic repercussions of the

Code and Prejudice: Regulating Discriminatory Algorithms

systems are being integrated into human and social services across the country at a breathtaking pace, with little or no political discussion about their impacts.”). 2. See Alice Marwick, How Your Data Are ... question becomes: can Facebook manipulate the political system by tweaking its algorithm and determining the news presented on users’ newsfeeds?203 The use of discriminatory algorithms to suppress voters

An Administrative Solution to the Student Loan Debt Crisis

freeze have provided some relief for borrowers, more can be done. Of course, as with any large outlay of taxpayer dollars, opposition is sure to be heated. Given the current political climate, the ... relief may be in sight.20 As exciting as these proposals are, support for student debt relief is mixed among both political parties. Liberal politicians critique these proposals as not going far enough,21

American and European Leftist Academia through the Prism of Paul Berman’s A Tale of Two Utopias: The Political Journey of the Generation of 1968

to provide a critical stance towards the views of a number of Western social and political philosophers who write after 1968 and even after 1989. My findings confirm Berman’s light irony to this trend ...  political philosophy calling for an active position in the midst of the current global predicament (Žižek, “The West’s Crisis is One of Democracy as Much as Finance”). As Žižek stands firmly on the European