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Disaster Vulnerability

discusses the policy implications of three dimensions of disaster vulnerability: the geography of vulnerability, competing or conflicting vulnerabilities, and political vulnerability. First, it explores the ... considers two other policy challenges: school closures and vaccine distribution. Finally, the Article explores political vulnerability, analyzing how disasters make already-vulnerable groups even more

Chief Justice Gants and Access to Justice: A Case Study in Leadership, Compassion, Brilliance, and Strategy

into the scope of his work and his philosophy through the lens of access to justice. It reviews Chief Justice Gants’s work during the last decade, with an emphasis on housing law and eviction as a case

Constitutional Remedies as Constitutional Law

that the Framers so carefully inserted into our political structure would be rendered all but useless at best and a fraud on the electorate at worst. Yet puzzlingly, most of the very same scholars and ... the very same scholars and judges assume that the very political branches that the Constitution is designed to restrain will fully control the remedies to be issued. Thus, all the political branches

Rethinking Foreign Affairs Deference

policymaking process but actually supervise it with an extremely loose hand, the negative case asserts that the judicial-review mechanism might worsen the political branches’ performance because their members ... might mistakenly believe that the courts will bail the people out of whatever trouble the political branches make. Tushnet, supra, at 2680. 16 See Trump, 138 S. Ct. at 2429–33 (Breyer, J., dissenting

The Right of Women to Child Care in the United States

meets the United States’ affirmative obligations. In adopting this plan, the United States would also align with its allies and advance its own economic, political, and security interests. ... the International Covenant on Civil and Political Rights (ICCPR),8 and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).9 These treaties prohibit

Superior Status: Relational Obstacles in the Law to Racial Justice and LGBTQ Equality

inequality, even in landmark cases thought to be equality-promoting. More than an animating force between intractable political conflicts, status also informs the development of equality law in the United ... , as a result of successful political or social movements for equality, are relational and perceived as zerosum. Based on social science research, we can expect that perceptions of diminished social

"Whose Electors? Our Electors!": Due Process as a Safeguard Against Legislative Direct Appointment of Presidential Electors After an Election

political landscape suggests that this issue might emerge again in a future election. In discussing possible safeguards against such an attempt, many commentators have focused on the Electoral Count Act and ... Quorum Breaks, TEX. TRIB., https://www.texastribune.org/ Given the erratic nature of the political landscape in the United States, both now and for years to come, it is possible that a state legislature

The Dialogue in the İslamic Political Narratives

literary researchs that take a place in the Arab and west cultures. In the light of this argues, the İslamic political narratives, it evaluates dialogue in the way of dimensions of philosophical and mental. ... The Dialogue in the ?slamic Political Narratives Bayburt ?niversitesi E?itim Fak?ltesi Dergisi Cilt:X Say?:II 0 Yard. Doc?. Dr. Cihat Mahmud I?vad, Ayn S?ems U?niversitesi Arap Dili Bo?lu?mu? This

The Dialogue in the İslamic Political Narratives

literary researchs that take a place in the Arab and west cultures. In the light of this argues, the İslamic political narratives, it evaluates dialogue in the way of dimensions of philosophical and mental.

The Dialogue in the İslamic Political Narratives

literary researchs that take a place in the Arab and west cultures. In the light of this argues, the İslamic political narratives, it evaluates dialogue in the way of dimensions of philosophical and mental.

The Reasonableness Machine

Association for the Philosophy of Law and Social Philosophy at the University of Lucerne. I am also grateful to Nicholas Almendares, Michael Coenen, Markus Kneer, Levin Güver, Andrew Moshirnia, and Kevin Tobia ... , but it shows the impact that willingness to bend the law could have on the value proposition of automation. 14 See, e.g., The Public, the Political System and American Democracy, PEW RSCH. CTR. 40, 46

Staccato Warfare

the battlefield of cyberspace rather than a physical battlefield. Stakeholders in political and military circles will benefit from a better understanding of the President’s cyberattack arsenal as the ... constitutional mandate for each political branch to direct military force, these arguments often assume that cyberattacks amount to “war powers.”8 Admittedly, as the expected damage of an American cyberattack

Democracy, Bureaucracy, and Criminal Justice Reform

unity of interest, borne of like-minded policy commitments that have developed over time. But in moments of political transition—that is, when public preferences on criminal justice policy are in flux—the ... expectations for transformative change, but may be stymied by institutional resistance to it. The bureaucracy, in turn, may seek to alter the political narrative that is fueling the political transition, further

Doing Away with Disorderly Conduct

marginalized people. Their targets include communities of color, people with unpopular religious or political beliefs, and people whose mental health struggles render them incapable of complying with societal ... The petitioner in Terminiello gave a public speech criticizing political groups and races who he perceived were operating contrary to the country’s wellbeing.110 He was later convicted of disorderly

Medicare "Bankruptcy

structural, ex-ante theoretical perspective developed in the municipal bankruptcy literature to the law and political economy of a federal spending program. It concludes by addressing the roles of Congress ... has addressed insolvency in the past but never on such a tight deadline.”). rupt.”8 Four overlapping trends support this pessimistic conclusion, despite Medicare’s traditional political sanctity. Prior

A Trip Down Legislative Memory Lane: How the FMLA Charts a Path for Post-COVID-19 Paid Leave Reform

that should inform present PFML policy-making. Second, this Note gives an instructive comparison of the corporate and political landscape in the 1980s versus 2020s to frame these policies. Finally, this ... -makers to seek better family leave benefits to follow the successful example established by FMLA advocates). 32 See Lisa L. Tharpe, Comment, Analysis of the Political Dynamics Surrounding the Enactment of

Why Tax Wealth Transfers?: A Philosophical Analysis

are at historically high levels, and the responses to these issues are often reduced to a simplistic political dichotomy of “right” versus “left.” The multitude of views of the American people cannot be ... and needs of most western societies. Therefore, this Part focuses on three of the most prevalent theories in contemporary political philosophy: liberalism, libertarianism, and 44 This focus on a

Protecting Political Participation Through the Voter Qualifications Clause of Article I

as the basis for determining the qualifications of federal electors. The democratic norms governing political participation can be traced to founding-era state constitutions that preserved the ... political and legal debates over elections have focused on the authority that states have under federal law and their respective state constitutions to enact regulations that are more restrictive of voting

The Five Faces of Freedom in American Political and Constitutional Thought

In the deepest sense, this Article seeks to bridge the gap between philosophy, political theory, and constitutional law. It examines how our constitutional tradition conceives of freedom, perhaps the ... varieties: those that conceive of constraint in either physical or political terms. The former view derives from Hobbes; the latter from Locke and his precursors. In fact, there is a spectrum of theories that

Resuscitating Consent

their objection in the absence of legal exceptions to informed consent requirements or state22 See generally John Christman, Autonomy in Moral and Political Philosophy, STAN. ENCYC. OF PHIL., https ... ://plato.stanford.edu/entries/autonomy-moral/ [https://perma.cc/U4SF-PF5R] (June 29, 2020) (discussing “the concept of autonomy” and its context in moral, social, and political philosophy). This conflation is evident