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least as applied to marks containing political commentary. 15 U.S.C. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a
suggests that the parent-child-state triad has another participant: political partisanship. The triad thus becomes a triangular pyramid, with partisanship at the top. The rhetoric of parental rights is used ... political partisanship in the country as a whole, framing the broader culture wars, and 1 Parental rights become part of a “political practice” of originalism that is antiabortion. Reva Siegel, Memory Games
Law and Adjunct Professor of Political Science, University of Wyoming 1 See MICHAEL A. BAILEY & FORREST MALTZMAN, THE CONSTRAINED COURT: LAW, POLITICS, AND THE DECISIONS JUSTICES MAKE 15-16, 65-66 (2011 ... ); CHARLES GARDNER INTRODUCTION An increasing number of legal scholars and political scientists acknowledge that, in most cases, Supreme Court decision-making is based on neither pure law nor pure politics.1
conflict through a new historical lens. Despite the transformative potential of TRCs, they are still part of transitional justice programming and, therefore, unavoidably political endeavors. In seeking truth
The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
benefits of employing a private property framework are low while the associated costs-inefficiency, regressivity, and political dysfunction-are very high. In the context of the vast inequalities typical in ... the digital realm and data's role as a medium of political control, private property's regressivity-driving features increase wealth-based allocation of political power. When applied to data, private
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
, at 72; see also Robert F. Wagner, The Philosophy of the Wagner Act of 1935, 32 ST. JOHN’S L. REV. 1, 3–5 (1957). 42 See Barbara J. Fick, Political Abuse of Hiring Halls: Comparative Treatment Under ... persisted within skilled trade unions.66 2. The NLRA and Racial Discrimination The Wagner Act was a product of political compromise, and consequently, it did not include provisions to combat racial
, religion, nationality, membership of a particular social group[,] or political opinion” to qualify as a refugee.6 In order to set forth a cognizable social group claim, petitioners must demonstrate that “the ... social groups that lack the political and economic power to protect themselves from such environmental harm. This Comment therefore proposes that climate migrants of coastal communities impacted by both
II), 37 (Feb. 7, 1997); Peace Agreement Between the Government of Liberia, the Liberians United for Reconciliation and Democracy, the Movement of Democracy in Liberia and the Political Parties, U.N ... commonplace.12 Scholar Makau Mutua poetically contends that “in many circles, transitional justice has become an article of faith as a catalyst for reclaiming societies in political and social imbalance and
presidential aspirations, did not give up despite Nixon’s veto. Adopting a posture more likely to appeal to the general public on both sides of the political spectrum, Senator Mondale—still wanting to direct ... Congress, and it was vetoed in a moment of political passion and ultimate paternalism.” Roth, supra note 40, at 31–32. 44 See MICAL RAZ, ABUSIVE POLICIES: HOW THE AMERICAN CHILD WELFARE SYSTEM LOST ITS WAY
-accepted narrative about the political history of the Hatch-Waxman Amendments and the nature of the resulting legislation. Conventional wisdom holds that the legislation represented a compromise between the ... written contemporaneously by participants in the policymaking process.24 This Article steps into the gap by offering a contextualized history of the statute and describing its political economy. It takes a
At a time when the freedom of speech is increasingly under attack, the question becomes: what protections are available to employees of private companies who wish to engage in political expression ... by an authorized editor of BrooklynWorks Follow this and additional works at; https; //brooklynworks; brooklaw; edu/blr - to Protect Private Employees’ Political Speech INTRODUCTION Consider that
1 2 J.D. Candidate , 2024 , Seton Hall University School of Law; B.A., The College of New Jersey , Political Science , USA One morning in the spring of 2011, Sidney Webb visited his younger brother ... was a swift political response to provide emergency relief for Texans, but thousands of people in prison were simply forgotten.55 Ultimately, “a third of the State’s prisons lost power[,]” and twenty
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
Should the U.S. Supreme Court overrule Quill Corporation v. North Dakota? A careful assessment of the federal political process suggests that the Supreme Court itself should overturn Quill in the ... , that Congress should correct the Court when Congress has the authority to do so.9 However, a careful assessment of the federal political process suggests a contrary conclusion, namely, that the Supreme
perhaps scholarship, but unless constitutional law has a sanction it is nothing more than rhetoric; the ability to sanction a judgment depends completely on the will of the current political majority. The ... and members of his party almost as soon as it was announced. Scholarly commentary about the unique American contribution to political science—an independent judiciary exercising the power of judicial
the economy’s regular activity.28 These shocks can derive, for example, from a monetary shock (the amount of money in the market), a technological shock (emerging new technologies), and even political ... legislative process is completed on time, political considerations may cause the actual fiscal stabilizer to differ from the original one and make it inaccurate.59 The following paragraphs illustrate how the
gas emissions in major part because of political resistance to more aggressive policies. Academic policy research to date has primarily focused on what policies are economically optimal, or on what is ... . Rev. 605 (2017). Available at: https://brooklynworks.brooklaw.edu/blr/vol82/iss2/8 Follow this and additional works at; https; //brooklynworks; brooklaw; edu/blr - The Political Economy of
amended the Code to place an absolute prohibition on political campaigning by these tax-exempt organizations. While these amendments did not specifically target churches and other houses of worship, they ... fulfill its mission while acting within the confines of the law. This proposal would allow the future involvement of the Church and other houses of worship in political activity, with these entities funding