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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

Reinventing Black Womanhood: Alternative Media and Identity Discourse in the 2019 Chicago Mayoral Race

to examine the multiple identities of Black women and how such identities determine their representation in socio-cultural and political spaces. The findings from this study show that agency is a major ... ., 2019) . Lightfoot eventually emerged as the winner. Lori Lightfoot’s Black woman identity sets a new tone for the city’s political climate as well as the Black community. It showed a vigorous attempt to

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

Inauthenticity, Delusion, and Victimization: Interrogating Affective Rhetoric Targeting Trans* Youth

has continued to ground anti-trans* activism in the United States. Gender Affirming Healthcare-as-Sterilizing: A Slippery Slope Broader cultural and political discourses around gender and sex/uality ... with trans* identities, but KP-0401 takes one step further to implicate not just youth, but their parents, into this “drift” and the negative affects it contains (p. 65). The political/social/legal

Unheralded and Transformative: The Test for Major Questions After West Virginia

notably, many argued that the doctrine applies any time an agency’s action raises a question of economic and political significance, with litigants offering myriad, indeterminate factors of significance ... political attention. But the majority chose not to adopt a multifactor test. It instead applied a two-prong framework that appears designed to reduce, albeit not eliminate, difficult line-drawing questions

The Politics of the Criminal Enforcement of the U.S. Clean Air Act

Criminal prosecution has always existed in a political context. Democratic and Republican presidents have treated environmental regulation very differently over time and this may have a profound ... or culpable conduct, they may be remedied through criminal prosecution. Republican and Democratic presidents offer significantly varied levels of political support for enforcing the U.S. Clean Air Act

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

COVID, Climate Change, and Transformative Social Justice: A Critical Legal Research Exploration

deployed within such modes as radical cause lawyering can help engender genuine systemic “re-formations” of the ecological political economy beyond mere law “reform.” Next, this Article applies the CLR ... currently are beset by profound crises encompassing epidemiological, social, political, economic, and environmental dimensions. Contemporary, incremental approaches to law and social change are wholly

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

With Action Comes Reflection

., & S. Kahn (Eds.). Activism and rhetoric: Theories and contexts for political engagement (pp. 38-48). Routledge. Pelias, R. J. (2013). Writing autoethnography: The personal, poetic, and performative as ... political engagement (pp. 159 - 172 ). Routledge. https://doi. org/10.4324/9781315144535 Bell , L. A. ( 2019 ). Storytelling for social justice: Connecting narrative and the arts in antiracist teaching (2nd

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