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and politics that we believe make criminal law interesting and important. Further, we argue that even if doctrinal instruction is the goal, achieving it requires consideration of political philosophy ... criminal law, are political as well as moral.9 While American criminal law, as a historical matter, owes more to utilitarian legal thought than to deontological moral philosophy, any body of criminal law is
For decades, we have debated whether “political safeguards” preserve healthy relations between the states and the federal government and thus reduce or eliminate the need for judges to referee state ... safeguards don’t exist. This Article takes the opposite view and lays down the intellectual foundations for the political safeguards of horizontal federalism. If you want to know what unites the burgeoning
an ex ante disclosure regime is superior to proposals that judges be more receptive to political reasons in reviewing a particular agency action. Finally, this Article suggests that while some, but not ... accountability, such as rigorous judicial review.' In theory, presidential supervision can partially fill this gap by supplying political accountability. Further, anecdotal information suggests that executive
characteristics of corporations, however, may allow foreign corporations to exploit a loophole in the regulatory regime. A foreign corporation may contribute to political campaigns by acquiring a domestic
political goals to spend unlimited amounts supporting candidates for federal office. Houses of worship and other religious nonprofits, however, remain strictly prohibited from engaging in partisan political ... partisan political activity as a condition of tax-exempt status under Internal Revenue Code § 501(c)( 3 ). Absent this “electioneering prohibition,” religious nonprofits would be very attractive vehicles
reject. This approach is inspired by “contractualist” moral philosophy and has several advantages. It tracks widely held moral intuitions, comports with the Fourth Amendment’s historical meaning, and ... analysis. 79. See id. at 311 (discussing Atwater, 532 U.S. at 350). 80. See T.M. Scanlon, Contractualism and Utilitarianism, in The Difficulty of Tolerance: Essays in Political Philosophy 124, 145 (2003
expressive liberty, adherence to the past gives way. Unfettered speech, not legal continuity, is the touchstone. This practice is understandable. After all, free expression is crucial to political and social ... defends precedent as a tool for separating the content of constitutional law from contested matters of interpretive philosophy. The key premise is that a precedent’s perceived harmfulness should generally
The present research investigates the neurophysiological activity elicited by fast observations of faces of real candidates during simulated political elections. We used simultaneous recording of ... candidates for political elections in the USA Senate were presented for less than a second [1]. Judgments based on such a “superficial” observation could predict the election results, being linearly correlated
The present research investigates the neurophysiological activity elicited by fast observations of faces of real candidates during simulated political elections. We used simultaneous recording of ... candidates for political elections in the USA Senate were presented for less than a second [1]. Judgments based on such a “superficial” observation could predict the election results, being linearly correlated
and Political Philosophy 146 (2009). Self-defense is a special case: self-defense involves innate rights, and the rights involved are considered to be enforceable.47 But once we depart from self ... , Force and Freedom: Kant’s Legal and Political Philosophy (2009)). to deny private parties the authority to enforce their rights against others in a state of nature. Tadros’s core example involves Jewish
Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”—has recently ... moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”1—has recently developed into a cornerstone of contemporary legal discourse.2 Internationally, the concept of human
preferences of political majorities. This Article argues, to the contrary, that a moderate degree of bureaucratic insulation from political control alleviates rather than exacerbates the countermajoritarian
, psychology, and philosophy). Much academic writing in law is not intended for the bar, at least not in the short-term, but that is not a problem. Such writing is meant to add to the stock of knowledge. If it ... countervailing argument, and it comes from John Maynard Keynes: [T]he ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood
Some intellectual concepts once central to America's constitutional discourse are, for better and worse, no longer part of our political language. These concepts may be so alien to us that they would ... political philosophy" (p. 17), Rana fails to appreciate how deeply socially rooted-perhaps problematically so-much of this literature is. There are few better examples of this than Rawls's work. In broad
answer has been easy for most legal scholars: to them, the incarceration rate in the United States is too high, and reforms are necessary to lower sentences. But many political leaders and voters reach the ... institutional dynamics that produce them. If the political economy that produces sentencing laws suffers from an imbalance or defect of some kind, that could provide a reason for questioning the sen tencing
rational for courts to be more cautious when interpreting text in high-stakes cases than they would be if the stakes were low. Drawing on contemporary work in philosophy of language and epistemology, this ... Re , and participants at the Law, Language, and Normativity Workshop at the Surrey Centre for Law and Philosophy for helpful comments and suggestions , USA Part of the Courts Commons, Legislation
Political process theory, closely associated with the work of John Hart Ely and footnote four in United States v. Carolene Products, has long been a staple of constitutional law and theory. It is ... featured extended testimony by opposing political scientists on gay and lesbianpoliticalpower The Article arguesthat the marriage debate reveals deep conceptual problems with process theory as it has been
criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a ... Scholarship Repository. For more information , please 1 Part of theCriminal Law Commons , Law and Philosophy Commons, Natural Law Commons , Public Law and Legal The ory Commons, and theSupreme Court of the
behind the numbers. I do not claim to present a rigorous statistical analysis here, but it might well be the case that displacement was a driving force at the state level, while other political forces were ... a poor regulator of the states in this area due to the political forces active in Congress, it does not demonstrate that competition did not drive state legislation in the area. Competition might
undermine political resistance to questionable projects; second, private takings may generate noninstrumental harms that will persist even as compensation increases. ... Political Economy of Eminent Domain, 105 MICH. L. REV. 101 (2006). Available at: https://repository.law.umich.edu/mlr/vol105/iss1/2 - Article 2 Follow this and additional works at: https
