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The Constitutional (and Political) Safeguards Against Impeachment

educated prognosis about these possibilities based on constitutional structure. I called this argument the “political safeguards” of impeachment in my recent book, The Impeachments of Donald Trump: An

Ending Political Discrimination in the Workplace

Currently, a significant disparity exists in workplace legal protections for an employee’s political affiliation. On one hand, public sector (federal, state, or local government) employees enjoy a ... Rights Act of 1964. This article offers new, compelling arguments for this addition. First, this proposal is consistent with Congress’s “political affiliation protection” philosophy, which is clearly

Gubernatorial Influence in Merit-Based Judicial Selection: Kansas, Missouri, and Colorado, 2012–2021

greater democratic control, as exercised by the popularly elected governor, over the state judiciary. In relative terms, Colorado maximizes political accountability, Kansas maximizes political independence ... TABLE OF CONTENTS 2023] GUBERNATORIAL INFLUENCE IN JUDICIAL SELECTION Writing in the early nineteenth century, political observer Alexis de Tocqueville noted the moderating effects of lawyers on the

Textualism: Definition, and 20 Reasons Why Textualism is Preferable to Other Methods of Statutory Interpretation

theory” of statutory interpretation, and whether she shared the judicial philosophy of Justice Scalia. But why is the method of statutory interpretation that a judge chooses so important? It is important ... Justice Brennan’s School of Judicial Philosophy, 33 OKLA. CITY U. L. REV. 263, 284 (2008) (“political activists…have been guilty of resorting to the courts as a means of circumventing the majoritarian

A Duty to Impeach: Libel and Modern Liberalism after Dobbs

that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability ... unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the same partisan salience as attacks on Roe v. Wade

Getting Serious About Stakeholders

failed to generate sufficient political support to put their additional proposed “protections” into law. This, in turn, presents the possibility that these advocates are seeking to import their social and ... economic views into corporate theory so that they can win through adoption of that theory what they cannot win through political processes.64 This last point needs elaboration. Surely, it is fair that

Citizen Activist or Professional Lobbyist? Eighth Circuit Decides That Political Activity is “Lobbying” Only When Money is Involved

neither spend nor receive any money in connection with their political activities from the requirement that they register as lobbyists in the State of Missouri. After hearing the decision of the Eighth

Revisiting the Original Congressional Debates About the Second Amendment

, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear ... that clarify their position in the social and political landscape of the Founding era, as well as their internal norms about nonviolence and self-defense. See, e.g., ESTHER SAHLE, QUAKERS IN THE BRITISH

Symposium: A New Hope? An Interdisciplinary Reflection on the Constitution, Politics, and Polarization in Jack Balkin’s “The Cycles of Constitutional Time”

Politically, we are living in dark times. Political polarization has increased over the past forty years, reaching an extreme and causing real damage to our political system and to our interpersonal ... , family members, and fellow citizens with opposing political views.1 Growing distrust in government and intense polarization causally contributed to the 2016 presidential election of a populist demagogue

Untangling Defamation Law: Guideposts for Reform

great deal of trust in the accuracy of the political news they get from national news organizations (though a majority – 64% – have at least some trust).”). 4 Liz Smith, Wayne Barrett, Donald Trump, and ... power of social networks to undermine social stability or pursue other political ends; rogue actors creating fake news for profit; people using social media to voice their delusional conspiracy 43

Unconstitutional State Special Laws: Is Rational Basis Review the Rational Solution?

invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and ... grandfathered political subdivisions to continue their fees.21 The Cities asserted that this exception allowed their linear foot fees to be enforceable.22 CenturyLink claimed that the exception for grandfathered

The Most Dangerous Branch of Science? Reining in Rogue Research and Reckless Experimentation in Social Services

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands ... than the solution, promoting research designed to advance political agendas rather than scientific knowledge. Even when funded by unbiased sources, researchers might inject their own policy biases, cut

Form Over Substance: How Tort Reform Policy Prevailed Over Constitutional Protection

trust that elected officials will make decisions that support and balance the interests of the people. If they fail to do so, we also trust the political process to correct their mishap.132 However, “it ... power of the political process to correct “evils” by noting that an unpopular legislation will quickly make itself manifest). 133 Marbury v. Madison, 5 U.S. 137, 177 (1803). 134 Ordinola v. Univ

Race and the Cycles of Constitutional Time

political parties. The second is a very long cycle of polarization and depolarization that stretches from the Civil War through the present. The third cycle is a series of episodes of constitutional rot and ... race – and the use of race as a political strategy – is behind many of my claims in Cycles. Charles’s suggestion inspired me to write this Article, and to tell the story of the book by making race the

Some Linear Thoughts on a Cyclical Vision

themselves a Who’s Who in constitutional law, history, and political science. I am not sure I quite belong in this exalted company. Even though I have written about some specialized – if sometimes topical ... , Missouri, in the Civil War era,4 or might be disparaged by real certificated historians as what Alfred Kelly labeled “law office history.”5 Nor am I a political scientist, despite having the bachelor’s

Technology Mergers and the Market for Corporate Control

, and seemingly in response to the increased political and advocacy pressures around the issue, U.S. antitrust enforcers have recently undertaken several enforcement actions directly targeting such ... monopsony power,3 and large corporations undermining the very fabric of western democracy.4 But, of these numerous (mis)apprehensions, one has received the lion’s share of scholarly and political attention. A

Still Waters Run Deep(fakes): The Rising Concerns of “Deepfake” Technology and Its Influence on Democracy and the First Amendment

This Note explores how deepfake technology can disrupt democracy and influence elections through the protections given to political speech under the First Amendment. Part II describes deepfakes in ... Some political and legal experts are concerned, however, about deepfake technology being used in the near future to tamper with elections across the globe.7 Deepfake technology has its roots in

Indirect Initiative and Unpopular Referendum in Missouri

reforms of that time, proponents of direct initiative and popular referendum believed it would aid in breaking up concentrated political power in corporations and their enablers in the state legislatures ... process enables citizens to propose a new or amended law, independently of the state legislature, often by popular * B.A., Political Science, University of Missouri–Columbia, 2016; J.D. Candidate

Show-Me the Money: Outdated Solicitation Laws Expose Municipalities to Liability

municipality is “a primarily urban political unit having corporate status and usually powers of self-government” Municipality, MERRIAM WEBSTER, https://www.merriam-webster.com/dictionary/ municipality [https ... “harassing or threatening manner” that was “likely to cause alarm to the other person.”98 The court held that it was underinclusive because it did not address harassing political or commercial solicitation.99

Balancing Discretion and Fairness: The Potential Pitfalls of Allowing Judges Too Much Discretion in Sentencing

that “Congress’s adoption of the 18:1 ratio was admittedly nothing more than a political compromise between those who favored the complete elimination of all crack/powder disparities, and those who