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#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

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

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

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

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

Corporate Political Activity and Non-Shareholder Agency Costs

Irvine School of Law Follow this and additional works at: http://digitalcommons.law.yale.edu/yjreg Part of the Law Commons Recommended Citation David Min, Corporate Political Activity and Non-Shareholder ... restrictions on corporate political activity. This Article argues that they should. It is the first to explore the potential agency costs that corporate political activity creates for nonshareholders, and in so

Unstacking the Deck: Administrative Summary Judgment and Political Control

The Administrative Procedure Act's provisions on formal adjudication give individuals charged in administrative enforcement actions the right to an in-person oral hearing. But not always. Agency prosecutors can circumvent formal hearing procedures without the consent of the defendant by resolving cases on "administrative summary judgment. "

The Political Dynamics of Derivative Securities Regulation

effect such a change has been repeatedly introduced in Congress. But it has not gotten very far. This article analyzes the political history of the regulation of derivative securities in the United States ... (by the securities industry in particular) and shifting political majorities, because of its support by the committee organization of Congress and by a tripartite winning coalitionof interestgroups

Silencing Students: How Courts Have Failed to Protect Professional Students’ First Amendment Speech Rights

organization’s “philosophy of violence and disruption” onto the students.53 As a result, student members of the local chapter filed suit in federal court, alleging violations of their First Amendment rights.54 On ... he concluded has a philosophy of disruption and violence in conflict with the college’s declaration of student rights.”). 53. Id. at 185–87. 54. See id. at 177 (“Petitioners’ primary complaint

COVİD-19 VE SİYASETİN DİJİTAL DÖNÜŞÜMÜ

Digital political parties entered the political arena in first quarter of twenty-first century as an alternative to the representation crisis of traditional political parties. The purposes of digital ... in pandemic period. Many political activities are cancelled all through the world because of COVID-19 pandemic and in most countries the elections are postponed to uncertain dates. The governments take

Professionalism, Oversight, and Institution- Balancing: The Supreme Court's "Second Best" Plan for Political Debate on Television

Televised political debates have become a staple of modern elections. Proponents of open access to such debates argue that third party participation is a democratic necessity. They see as ... Take Time to Speak Up, Presidential Debate a Good Opportunity to be Seen and Heard, BOSTON GLOBE, Oct. 3, 2000, at BI. 2 On the media front, in addition to free access to political debates as an

America's Creed: The Inevitable, Sometimes Dangerous, Mixing of Religion and Politics

Political and philosophical theorists have often advocated for the exclusion of some or all religious perspectives from full participation in politics. Such approaches create criteria—such as public ... . 677 (1993). Thomas Nagel, Moral Conflict and Political Legitimacy, 16 Philosophy and Pub. Affairs 215, 232 (1987). To read critics of this approach, see generally, e.g., CHRISTOPHER EBERLE, RELIGIOUS

Black & Blue: Black Letter Law & Police Union Collective Bargaining Impede Reform

addressing that shortcoming.43 The 1970s and 1980s brought a rise in public sector bargaining.44 Police unions gained the financial clout used to back favorable legislation and political candidates.45 Unions ... dangerous and difficult job.47 However, problems arise as these unions gain the financial, 2022] political, and statutory strength to protect their interests by resisting officer discipline and systemic

Till the Rivers All Run Dry: Equal Sovereignty and the Western Water Crisis

structural relationships of western water, and of the irreconcilable conflicts among hydrological and geological facts, arbitrary and flawed political decisions, and constitutional and legal fictions.”227 Even ... has made clear, the equal footing doctrine has long been held to refer to political rights and to sovereignty.” (internal quotations and punctuation omitted)). 317. See id. at 1111 (“Why would we care

Equity over Equality: Equal Protection and the Indian Child Welfare Act

equal protection cases—whether the term “Indian” should be interpreted as a racial or political classification. An examination of precedent confirms the unique status of Indians as non-racial, semi ... first ascribes to the common argument that “Indian” should be viewed as a political classification, subject to reduced scrutiny. The second, however, questions the assumption that the application of

When Justice Depends on It: The Need for Professional Standards for Mitigation Development in All Criminal Cases

cultural, socioeconomic, environmental, political, historical, racial and religious influences on the client in order to aid counsel . . . .”). 108. See O‘Brien, supra note 16, at 756–57. 2023] ensure that ... spectrum of ABA entities and passed without a single dissenting vote. This was symbolic of the philosophy that has animated the project since its inception in the 1980s, and that I as the current Reporter

Feminism in the Global Political Economy: Contradiction and Consensus in Cuba

and neoliberal globalization, both essential mainstays for unequal global-political economies. Part I reviews the ways that feminism in Cuba has been influenced by the nineteenth-century wars for

Defending Bridgegate

pattern of recent cases in which the Court has shown itself as indifferent to political corruption, if not supportive of it. Somewhat lost in the discussion is the decision’s potential to be the foundation ... Baroni’s chief of staff, for suggestions on how to respond. As a result of a decades old political agreement, three of the twelve toll booth lanes on the Bridge’s upper level feed from local Fort Lee traffic