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of the United States enabled it to develop continuity in its initially experimental political system—a continuity that was never available to Europe. These factors enabled the United States to be in ... and the Need for an Improved Global Citizenship in the Twenty-First 2 Part of the European History Commons , Law Commons, Political History Commons, and the United Follow this and additional works at
assumption that the Court is unlikely to issue rulings that deviate significantly from widely-held societal values, especially if held by a significant percentage of political conservatives. The Court will ... equality will depend less on Dobbs and more on the moral and political views of the swing Justices. 2023] CONTENTS INTRODUCTION
, the Court has erected a standard that reflects modern conservative political ideology, including race conservatism, law and order, increased police discretion, and the deconstruction of the Warren ... regressive response to black demands for economic, social, and political equality and an end to oppressive policing.5 The response was considered radical at the time because it endeavored to haul the country
can “gerrymander” their interpretive methodology to make it very likely that constitutional doctrine implements their political or ideological preferences for how society should be organized. This ... into a variety of political commitments, visions of society, and theories of human behavior.”). 3 Responses to Dobbs, such as Professor Laurence Tribe’s, who analyzed the case both in terms of its
U.S. 744, 769–70, 775 (2013) (unconstitutionality of DOMA Sec. 3). 27 The Dobbs Court stresses that the issue of abortion is a political question, not a constitutional one. As such, the Court asserts ... mediated processes controlled by political parties and the legislatures Published by EngagedScholarship@CSU, 2024 9 310 CLEVELAND STATE LAW REVIEW [72:301 lived experiences of women and the Court’s
................................................127 GOT BOUNDED RATIONALITY AND POLITICAL GRIDLOCK? 107 IV. PROPOSAL TO ADD ENHANCED & INTERACTIVE APRS & OTHER INTERACTIVE TOOLS TO THE LOAN ESTIMATE FORM SO BORROWERS CAN DECIDE WHETHER TO ACCEPT ... Despite Consumer Psychological Realities, 5 N.Y.U. J.L. & BUS. 617, 708–12 (2009); Debra Pogrund Stark et al., Ineffective in Any Form: How Confirmation 2020] GOT BOUNDED RATIONALITY AND POLITICAL GRIDLOCK
The United States Court of Appeals for the Federal Circuit was created in 1982 to unify and clarify patent law, inter alia. It was built from political compromise after the Hruska Commission, which ... severe political hurdles, this Article urges that the uniformity problem should never have been addressed by eliminating regional appellate court jurisdiction in patent law. The problem was with the
political process. “Liberal originalism,” by contrast, maintains that the Constitution should be interpreted in light of the political philosophy of the Declaration of Independence. Liberal originalism ... set out to do in my seminar paper for Professor Abraham’s class was identify the appropriate political philosophy through which the Constitution should be interpreted.4 I quickly expanded my seminar
.33 If all three of these elements are met, then any state may follow California’s standards rather than the federal standards promulgated by the EPA. b. Political Controversy with the §7543 Waiver ... argument in Massachusetts v. EPA—which the Supreme Court rejected.39 The question left unanswered is whether the decision was motivated by the political interest of the presidential administration or a
408 (“The law of Article III standing, which is built on separation-of-powers principles, serves to prevent the judicial process from being used to usurp the powers of the political branches.”); Davis ... & Reaves, supra note 20, at 27 (“Standing ensures that federal courts do not exceed their authority and serves to prevent the judicial process from being used to usurp the powers of the political branches
enforcement and constitutionality of the statute. Nonetheless, courts have dismissed cases regarding the War Powers Resolution claiming it is of a solely political nature i.e. a political question. The ... assignment of constitutional war powers authority to the branches. In Zivotofsky v. Clinton, the Supreme Court held that the political question doctrine cannot be applied to cases regarding statutory and
-rcna7404; Mili Godio, Amy Coney Barrett’s Political Views, From Abortion to Gay Marriage, NEWSWEEK (Oct. 12, 2020), https://www.newsweek.com/amy-coney-barretts-political-views-abortion-gay-marriage1537849 ... protection from the majoritarian political process. Recognized suspect classes include racial minorities, women, immigrants, and nonmarital children.169 On the other hand, a non-suspect class is a group that
the Court now seemed unbound by the precedents20 that my entire social, political, and public existences depend upon. And as an Autistic person who depends on certainty and predictability to maintain ... steadiness in a country prone to political and social MORTALITY WEEKLY REPORT SURVEILLANCE SUMMARIES, Nov. 25 2022, at 1-27, https://www.cdc.gov/mmwr/volumes/71/ss/ss7110a1.htm#T10_down. 14 Gonzales v
burdens on franchise rights that have a disproportionate negative effect on racial minority voters who, based on racial political polarization, prefer Democratic Party candidates over their Republican ... political polarization in a highly contested two-party election framework has left ample room for partisans on both sides of the two-party divide to be incentivized to exacerbate the racial, regional, and
, simply, elevated political clout. While competition can lead to a more efficient use of resources, unregulated competition between states for businesses does not illustrate this theory. A national auction ... of the incentives from the already decided upon state or shortlist of states. Thus, in this war among states, a state either loses by missing out on the political victory of securing a business, or a
proceeds in three parts. Part II analyzes the origins of counterspeech and its relationship to the marketplace of ideas from political philosophy to the U.S. Supreme Court’s adoption of counterspeech ... debate. The early American judicial decisions advocating for counterspeech as the preferred method for regulating speech reinforce this perspective from political philosophy. In Abrams, Justice Holmes
contradicts them, a tension underlying the basic structure of territoriality is brought to the surface—the tension between U.S. legal sovereignty over the island and Puerto Rican historical claims to political ... International Society of Public Law; PhD, London School of Economics and Political Science (LSE). 279 1. The Principle of Autonomy (P1) ....................................................292 III. BETWEEN
pluralistic societies. * Professor of Political Science, Cleveland State University. This Article is based on an earlier version presented at the Cleveland State Law Review Symposium, The Future of the ... as disposable and meritless, and it is precisely in these types of cultural creations that one finds a culture’s political unconsciousness writ large . . . . Comics are the funhouse four-color mirror
due process has great political import, as a state legislature’s substantive jurisdiction can be restricted by its application.34 Additionally, the rights protected by substantive due process are those ... ownership of the home, virtue, and nothing more. Respect for women as something more than a wife or mother was seen as simply unnatural.197 Despite many social and political efforts, women still lacked
FRANCIONE, supra note 27, at 208 (“[T]he AWA may be considered to be ‘symbolic,’ as opposed to ‘functional,’ legislation . . . because ‘the legislature has failed to address the administrative and political
