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Scholarly Commons - — L e c t u r e — Honorable Neomi Rao† Introduction My lecture is about textualism’s political morality. Let me begin with a parable, courtesy of David Foster Wallace: There are these ... lecture will explore the political morality that undergirds and informs a textualist approach to statutory interpretation. I will endeavor to explain why formal approaches to legal interpretation, such as
courtesy) of Political Science, Department of Philosophy Affiliated Faculty, Northwestern University. Thanks to Stephanie Barclay, Ira Lupu, Martin Redish, and Steven D. Smith for comments. Please send ... University in Ohio. The school has had a policy since 2016 requiring faculty to respect students’ pronouns.5 In his Political Philosophy class, he called on a student referred to in the proceedings as “Doe
. Schott-van den Eynden Professor of Law; Professor of Political Science; and Co-Director, Frederick K. Cox International Law Center Avidan Y. Cover, B.A., J.D. Director, Institute for Global Security Law ... ., J.D. Director, Foreign Graduate LL.M. Program Jessica Wolfendale, B.A., Ph.D. Professor of Philosophy and Law Associate Professors of Law Anat Alon-Beck, LL.B, LL.M., J.S.D. Joseph A. Custer, B.A
Walker Professor of Law; Professor of Bioethics and Public Health David J. Carney, B.A., J.D. Juscelino F. Colares, LL.B., M.A., Ph.D., J.D. Schott-van den Eynden Professor of Law; Professor of Political ... ., M.A., J.D. Shannon E. French, B.A., Ph.D. Inamori Professor of Ethics; Professor of Philosophy and Law; and Director, Inamori International Center for Ethics and Excellence Jonathan C. Gordon, B.A
den Eynden Professor of Law; Professor of Political Science; and Co-Director, Frederick K. Cox International Law Center Avidan Y. Cover, B.A., J.D. Director, Institute for Global Security Law and ... Policy Jennifer I. Cupar, B.S., J.D. Atiba R. Ellis, B.A., M.A., J.D. Shannon E. French, B.A., Ph.D. Inamori Professor of Ethics; Professor of Philosophy and Law; and Director, Inamori International
hands of the political branches and ordinary Americans—the democratic actors in our system—incentivizing them to perk up, pay attention, and get involved. The second virtue I highlighted was civility ... convenient political cover with which to disguise the effort to drive politically conservative results.28 Colleagues of mine have defended formalism against the former, which is the more recent challenge
(2015) (“Under the real entity theory, corporations are real persons with real rights.”); Jay B. Kesten, Shareholder Political Primacy, 10 Va. L. & Bus. Rev. 161, 170 (2016) (“The real entity theory ... , not feared.”); David Millon, Theories of the Corporation, 1990 Duke L.J. 201, 262 (“Confronted with important political challenges, theories of the corporation have always been fundamentally
philosophy elevating stakeholders as a permitted object of the firm constitutes a departure from traditional corporate governance.63 The 1997 BRT’s Principles of Corporate Governance explicitly embraced ... impact of the companies they invest in to be an important part of investment decision-making.’ Two-thirds ‘view their investment decisions as a way to express their social, political, or environmental
. Individuals in the public eye have already been a major target for deepfakes.4 Political figures likely will be the targets of future deepfakes, especially by those with an interest in spreading discord and
.....................................................................................1206 Introduction In 2016, an undergraduate student at Shawnee State University, located in Ohio, requested that her philosophy professor, Nicholas Meriwether, use gendered feminine titles and pronouns ... classroom. This Part begins with a description of the political and social-movement landscape of the antitrans movement and goes on to decouple the freedom of religion and the freedom of speech claims to show
for the freedom of professors to speak in public on matters of political, social, and economic controversy—so-called “extramural speech.” The U.S. Supreme Court eventually recognized First Amendment ... disputes once revolved around professors expressing themselves in letters to the editor in a newspaper or speaking at a local political rally or demonstration. They now routinely arise in the context of the
bases set forth in human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR)—private commercial spacecraft must fall under the United States’ territorial jurisdiction ... violation of its international obligations.73 71. International Covenant on Civil and Political Rights art. 2(1), Dec. 16, 1966, 999 U.N.T.S. 171 [hereinafter ICCPR] (“Each State Party to the present Covenant
, [Indigenous people] are taught about how we are to interact with the world.”4 As Vine Deloria Jr. and Clifford Lytle explain, “Many tribes preferred to incorporate their political and social precedents in ... established a very close relationship between 36. Deloria & Lytle, supra note 2, at 81. the people as our relatives.42 As such, the doodem system was pivotal in structuring “religious, social, and political
online cacophony, students like Brandi were punished for jokes, political statements, administrative critiques, and plain old peerto-peer conversation. In deciding Brandi’s case, the United States Court ... campaign, was posted on Facebook.45 Both the Houston students and the North Carolina cheerleaders engaged in plainly protected political expression; the fact they expressed themselves online should not
not other— “racial” groups. In the United States, some whites use race as a social construct to support a racial hierarchy or caste system.13 Political ideology reflects the interrelated attitudes and ... parties, political leaders, laws, and policy.14 Political ideology is predictive of the extent to which individuals are discriminating or inclusive,15 status quo or change oriented,16 past or future
Political Science, Case Western Reserve University. Brown v. Bd. of Educ., 347 U.S. 483, 493 (1954). “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools ... to restrict their collections.24 19. Fla. Laws ch. 2022–72 (codified at Fla. Stat. §§ 760.10(8), 1000.05(4), 1003.42(2)(h)). In addition to these legislative and political developments, courts have
., M.A., Ph.D., J.D. Schott-van den Eynden Professor of Law; Professor of Political Science; and Co-Director, Frederick K. Cox International Law Center Avidan Y. Cover, B.A., J.D. Director, Institute for ... Global Security Law and Policy Jennifer I. Cupar, B.S., J.D. Atiba R. Ellis, B.A., M.A., J.D. Shannon E. French, B.A., Ph.D. Inamori Professor of Ethics; Professor of Philosophy and Law; and Director
n.25 (1990). significant corporate behavior in, for example, antitrust,24 safety and employee protection statutes,25 and prohibition of corporate political contributions.26 Further, state corporate ... regulation that found expression in antitrust and railroad regulation from the late nineteenth century, or the Tillman Act of 1907128 that banned corporate political contributions,129 or the tax laws of 1936
Professor of Law; Professor of Bioethics and Public Health David J. Carney, B.A., J.D. Juscelino F. Colares, LL.B., M.A., Ph.D., J.D. Schott-van den Eynden Professor of Law; Professor of Political Science ... ., J.D. Shannon E. French, B.A., Ph.D. Inamori Professor of Ethics; Professor of Philosophy and Law; and Director, Inamori International Center for Ethics and Excellence Jonathan C. Gordon, B.A., J.D
differently based on their own political beliefs. This is the essence of a material factual dispute under Rule 56 that a jury could have, and should have, resolved. IV. The Consequences of Kennedy The shift ... , Individual Merits, and Jury Discretion, 66 B.U. L. Rev. 509, 511 (1986)). in place of juries’, they “undermine[] the jury’s political function and skew[] the way in which we shape and perceive community