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Hitler's access to power." Co-author with C. Glaser of Tn , USA pOLITICAL PHILOSOPHY and philosophy of law have of late been treated as though they were two distinct fields of thought. But they cannot be so ... subject of study in law schools and in legal theory. Yet to philosophy of law, exactly as to political philosophy, this law, as it is being handed down by constitutions, legislatures, courts and
For decades, scholars have argued that the proper judicial response when democratically enacted laws burden politically powerless minority groups is more aggressive judicial review. This political ... approach, however, has fallen on deaf ears at the Supreme Court since the 1970s. Justice Scalia was thus accurate (if not politic) when he derided political process theory as an “old saw” of constitutional
democracy. Its peace must be planted upon the tested foundations of political liberty. 2 . . . . A supreme moment of history has come. The eyes of the people have been opened and they see."3 The war must and ... of youths for many years; and the propagation of ideas which as yet have only been put forward most tentatively. I mean ideas concerning the "is" and the "should be" of political organization. The war
would boundaries of ownership. As the city boundaries are not in fact boundaries of ownership by the city, and are boundaries only of political organization, such water rights (as distinguished from those ... of the lot-owners bordering the stream) would necessarily be of political origin-"for reasons of state" as distinguished from ownership. It would be, moreover, an attribute denied to the boundaries of
struggle between the common law riparian rights philosophy and the miners' custom of appropriation. The riparian rights doctrine, developed where lands were * Member of the San Francisco bar; author of
and expound a philosophy of the Constitution regarding human nature, human destiny and other realities, and that this is so even though the Constitution may in some sense "separate" church from state ... . What the content of that philosophy may be, I shall not attempt at any length to say. So far from the usual analysis of church-state cases is this conviction of the 2. Kurland, The Irrelevance of the
, since it has agreed to review the Illinois court's This Comment reviews the issues presented by the O'Brien and Part I surveys the factual background from which the ASK A POLITICAL QUESTION, YOU two ... cases arose. Part II analyzes the Supreme Court decision in O'Brien with particular emphasis on the Court's suggestion that intraparty disputes involve nonjusticiable political questions. Part III
IState ex rel. Shepard v. Sup'r Ct. Reflections Upon the Law of Political Parties Leonard M. Friedman No one writes reflections any more. A bygone era treasured the essayist, the feuilletonist who ... material. Yet, in the matter of the law's impact on political parties there may be some occasion for a discussion of that sort. The legal profession, more than any other, has made American politics its own
against political establishment-the advocacy of political viewpoints by or with the assistance of government.' That clause prohibits only government interference with the freedom of expression. In contrast ... should read the first amendment to contain an implied prohibition against political establishment. It further argues that traditional analysis under the religious establishment clause is instructive of how
The Balancing of Self-Preservation Against Political Freedom' 0 t Two earlier papers bearing upon the balancing principle were published in the University of Chicago Law Review. See Meildejohn, What ... THITY or forty citizens, pleading that authority is granted to them by the first amendment, have recently refused to submit to compulsory questioning by legislative committees concerning their political
.5 3 Professor Post does not explain why such an image would be so out of place, but his assumption seems to be that worksites are not a forum for political speech.5 4 This assumption is questionable ... "public" speech necessary for democratic selfgovernance. For many, the workplace may be the primary location of social interaction, and it is arguable that today more political speech occurs at the
of urban communities. Racial, ethnic, and class factions have chronically struggled over land, jobs, housing, and political power, particularly in cities. Studies of the development and decline of many
The libertarian regulatory environment of online political advertising has come under scrutiny again, as news reports continue to come out describing the extent of Russian interference with the 2016 ... years, Silicon Valley has resisted Washington, D.C.'s efforts to regulate online political advertising. Tech companies feared regulation would threaten not only their business models, but also the
PoliticalActionCommittees and CampaignFinance Campaign Finance Re-Reform: Regulation of Independent The Political Committees Since the 1976 elections, independent political action committees have ... become an increasingly important part of the political process. One of the major activities of independent political committees is to spend money to support or oppose candidates for public office. Although
We Still Need the Political Question Doctrine? , 100 DICK. L. REv. 303 (1996); Ryan Guilds, Comment , A Jurisprudenceof Doubt: Generalized Grievances as a Limitation to Federal Court Access , 74 N.C. L ... Circuit Court of Appeals decisions in Gordon v. Texas. It argues that the districtcourt adopted the prudential view of the political question doctrine, while the Fifth Circuitadopted the constitutionalview
interpretive asset, I suggest 2010] why, in systemic terms, the canons should be ranked distinctly below the political branch interpretive assets. To be clear, I believe that the contextual resources of all ... supranotes 151-153 and accompanying text. 158. See RICHARDSON, supra note 123, at 204; see also ALAN GRANT, THE AMERICAN POLITICAL PROCESS 45-52, 65-66, 302 (5th ed. 1994); Brudney, supra note 147, at 45-46
Blood Quantum Land Laws and the Race Versus Political Identity Dilemma Rose Cuison Villazort 0 0 Copyright © 2008 California Law Review, Inc. California Law Review, Inc. (CLR) is a their ... blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancariand, more recently, to Rice v. Cayetano. In Mancari,the Supreme Court held that laws that
Epps , U.S.- UK Extradition Treaties-Rule of Expanded Political Offense-Type Exception , 90 A-M. J. INT'L L. 296 (1996); Daniel T. Kiely, Jr., Note , The Compromise Between Outrage and Compassion:Article ... 3(a) and In re Requested Extradition of Smyth , 30 CORNELL INT'L L.J. 587 (1997); Antje C. Petersen, Note , Extradition and the Political Offense Exception in the Suppression of Terrorism , 67 IND
MATERIALS FEDERAL REMOVAL AND INJUNCTION TO PROTECT POLITICAL EXPRESSION AND RACIAL EQUALITY: A PROPOSED CHANGE - Constitutionally secured civil rights and liberties are enforceable in federal ... in federal courts. This Comment explores the problem of obtaining at the outset a federal forum in which to assert and protect federally-secured rights of free political expression and racial equality
NRC's future regulatorypeer reviews. - [[Vol. 99:465 2. Political Opposition Builds......................................................509 3. Senator Feinstein Intervenes for a Wealthy Donor ... ............................................................................525 3. Improving Political Oversight While Maintaining Independence.........................................................................526 4. Broadening the Scope of Deliberation