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of Lincoln’s political rise, this little episode reveals a great deal about the relationship between judges and politics in the mid-nineteenth century. The sheer ordinariness of Lincoln’s accusation ... were key players in nineteenth-century politics; they served as partisan presidential electors, advised political candidates (or were candidates themselves), and collaborated on legislation. Judges
income on the whole distribution of households, since this allows one to get a better understanding of the political feasibility of carbon tax reforms. Political feasibility also requires intergenerational ... mitigating climate change can be found in Parry et al. (2012). Social cost of carbon; Cost of public funds; Recycling carbon revenue; Renewable subsidies; Political economy; Green Paradox 1 Introduction The
ERA ( 2016 ) ; NATURAL RIGHTS INDIVIDUALISM AND PROGRESSIVISM IN AMERICAN POLITICAL PHILOSOPHY (Ellen Franken Paul , Fred D. Miller , Jr. , & Jeffrey Paul eds., 2012 ). 19. A classic discussion is ... text of the Constitution today align more with the positions of Lincoln or Douglas? These questions are linked because the rival political views in modern America include sharply opposed understandings
Catholic doctrine, its source material is eclectic and ecumenical, with citations from Protestantism, history, political philosophy, theology, and law. This Essay is not a legal argument in the conventional ... of a meditation is for reflection on “existential conditions of sin and salvation.” Eileen Sweeney, Literary Forms of Medieval Philosophy, in STANFORD ENCYCLOPEDIA OF PHILOSOPHY § 2.7 (2019), http
regulatory impact analysis defined by their political philosophy. For example, President Barack Obama added a requirement that proposed regulations be consistent with non-quantitative criteria such as equity ... relationship between the administrative state and political executive in constitutional democracies is typically channeled through a subconstitutional version of checks and balances. The competing roles and work
, Wake Forest University School of Law & Dr. Ana S. Iltis, Professor of Philosophy, Carlson Professor of University Studies, Director, Center for Bioethics, Health & Society, Wake Forest University. We ... logistical issues, many states needed broader emergency powers than those available through public health laws.211 During the pandemic, political leaders212 in all fifty states made a broad variety of
career, and were largely ambivalent, sometimes even contradictory.3 In this Essay, we explore Frederick Douglass’s constitutional philosophy by contrasting his views about the U.S. Constitution with those ... crises, we have argued that one of the most important purposes of constitutions—although certainly not the only one— is that constitutions channel and direct political struggles and struggles for power
parallel, on the other side of the political spectrum, D.C. Circuit precedent suggests that legislative action is also necessary for significant 15. For instance, the Biden and Obama administrations ... regulation strategy. So, by all indications, the federal strategy is set to remain emission inactive. 2. State Emission Regulation Strategies Political divisions and polarization among states, especially
The pioneering work of Elinor and Vincent Ostrom and other scholars affiliated with the Ostrom Workshop in Political Theory and Policy Analysis60 demonstrated the viability and efficiency of polycentric ... 641. The study of polycentric governance falls under the broad field of political economy and under the more specific fields and labels of institutional analysis and New Institutional Economics. See
for the practice. Even if it does reflect a deliberate rejection of the practice, that rejection may be based on political or conventional values that courts must allow to change. In rare circumstances ... replaces the need for doctrines of means-end balancing); see also DeGirolami, supra note 12, at 1124–26 (emphasizing the political and social functions of tradition in placing demands on constitutional text
, how can we test the importance of interpretive philosophy in judicial decisionmaking? For decades, political scientists have devoted most of their efforts to measuring ideology, particularly the ... interpretive philosophy as something like a congressperson's political philosophy. A philosophy, in our sense, is a package of beliefs about how to do a job responsibly. For a judge, this job is to interpret the
accomplished with technological advancements. Attempts have already been made to accurately identify a person’s sexual orientation from a facial scan.216 AI could potentially even predict a person’s political ... the United States or a sports team owner who wants to ban people who criticized a recent trade. This enhanced ability to exclude based on political ideology has the potential to do far more harm than
fairly be said that leaving accommodation to the political process will place at a relative disadvantage those religious practices that are not widely engaged in; but that [is an] unavoidable consequence ... variety of political, social, economic, educational, religious, and cultural ends.”44 In cases such as NAACP v. Alabama ex rel. Patterson,45 the Court recognized the close nexus between associational and
contributors to the symposium for producing such a rich and interesting set of essays. 1. JACK M. BALKIN, CONSTITUTIONAL REDEMPTION: POLITICAL FAITH IN AN UNJUST WORLD (2011) [hereinafter BALKIN, CONSTITUTIONAL ... continue to invest political efforts in the Constitution? Why should we put ourselves on its side and attempt to redeem it in history? Perhaps the obstacles, or the cost, are just too great. Perhaps we
the Thirteenth Amendment never anticipated that the Court would define its meaning. Instead, they expected the political branches to enforce the Amendment responding to the influence of constitutional ... politics. As Michael Les Benedict explains, “From the era of the American Revolution at least through the era of Reconstruction, all politics were constitutional politics.”1 The political Thirteenth
times,5 as both participants offered intricate arguments on © 2023 William D. Blake. *Associate Professor and Associate Chair, Department of Political Science, University of Maryland, Baltimore County ... presidents changed their rhetorical practices, I hope to show how the civic capacity of “we the people” has shifted. Building off prominent studies of political and constitutional development, I discuss two
), in FREDERICK DOUGLASS: SPEECHES AND WRITINGS 529, 537 (David W. Blight ed., 2022). 16. See Mark A. Graber, Foreword: From the Countermajoritarian Difficulty to Juristocracy and the Political ... American constitutional politics for a generation, the Schmooze topic focused on the last era of polarized politics and the political actors who most exemplified the different responses to constitutional
the Court’s decisions, but also to its efforts to transform the Constitution and constitutional interpretation, upending longstanding organizations of political power and the structure and scope of ... helpful comments and insights. I am grateful to Lisa Poirer for her help in understanding the sociology of drag. INTRODUCTION It is no secret that political observers, activists, and actors on the left
countries and the so-called international community take center stage."3 However, these critics of contemporary legal thinking and of political activism aimed at the Court are now joined by more liberal and ... judicial activism appeared to be whites, state governments, advertisers, opponents of environmental and land use regulation, and wealthy contributors to political campaigns."4 Ran Hirschl, who explores the
preferential hiring practices. Veteran status also has political salience. The current House of Representatives has eighty veteran members (18.4%), and seventeen Senators served in the military.1 While this ... Americans—who should be allowed to serve. As this Essay will illustrate, Frederick Douglass advocated for Black military service as a 2023] means of advancing Black political incorporation, and in doing so
