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proving troublesome to contemporary jurists and political theorists. Only a few weeks ago, the first meeting of the newly formed American Society for Political and Legal Philosophy, held at Brookings
This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the
Lincoln speech better examines the threats to civil order and American constitutional government than his 1838 address to the Young Men’s Lyceum of Springfield, Illinois: “The Perpetuation of Our Political ... politics now face in our time. The Lyceum speech first critiques mob violence and lawlessness, then addresses threats to institutions and order from political leaders themselves.7 Lincoln first extols the
Stone’s formulation from footnote four of United States v. Carolene Products and engaging in a more searching judicial review of majoritarian decisions in instances where the pluralist political give-and ... political give-and-take had broken down.1 While the subsequent Burger, Rehnquist, and Roberts Courts have undermined much of the Warren Court’s † Fellow, Carr Center for Human Rights, Harvard Kennedy School
(Excerpt) Protecting free speech has been a foundational principle of American democracy since the nation’s founding. A core element of free speech has long been a prohibition on regulating political ... In addition to these threats and tied directly to how the United States regulates political speech, America finds itself deeply divided, with its citizens rejecting facts and information they disagree
future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings
(Excerpt) Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new ... legitimacy. The neutralist theory of legitimacy was given its fullest expression by twentieth-century political theorist John Rawls but is rooted in the philosophy of Enlightenment philosopher Immanuel Kant.75
?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This
confronted with cannabis related revocations, as state and federal cannabis laws have diverged, judges have increasingly faced serious questions of penological philosophy when asked to punish those engaged in ... civilian lives.45 As a result, the original statute did not provide for a possibility of revocation.46 However, as a result of skepticism surrounding the new statutory regime and growing political pressures
additional works at: https://scholarship.law.stjohns.edu/lawreview PROP UP THE HEAVENLY CHORUS? LABOR UNIONS, TAX POLICY, AND POLITICAL VOICE EQUALITY PHILIP T. HACKNEY† “The function of democracy has been ... weak politically and continue to decline in number and political power in the United States.1 Many contend that this is a positive development for the country because they believe labor unions cause
important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of
Amendment it is important to note that the quest for women’s first-class citizenship, which I define as equal participation in all aspects of the American political process, has not been achieved. While white ... been achieved. While white women have greater access to the franchise than non-whites, they are not necessarily considered political equals on the ballot. Legal scholar Reva Siegel points out that fifty
political sense to bear on the operation of the Constitution during Jim Crow, Prohibition, and the New Deal. And in speeches to British and American audiences over many decades, Churchill frequently turned to ... constitutional philosophy, we must first clear up the common misunderstanding that he saw democracy as a second-best solution. The misunderstanding stems from his line to the House of Commons, which is often 13 A
. ENCYC. PHIL. (June 15, 2018), https://plato.stanford.edu/entries/aristotleethics/#InteVirt [https://perma.cc/7SGY-PGRS]. 64 See John Finnis, Aquinas’ Moral, Political, and Legal Philosophy, STAN ... FOURTEENTH AMENDMENT (2d ed. 1997); ROBERT H. BORK, THE TEMPTING OF AMERICA: THE POLITICAL SEDUCTION OF THE LAW 143–85 (1990); RANDY E. BARNETT, RESTORING THE LOST CONSTITUTION: THE PRESUMPTION OF LIBERTY 1–5
THE PHILOSOPHY OF LAW OF JAMES WILSON. By William F. Obering. ington: Catholic University Press, 1938, pp. x, 324. Wash In this day of fierce controversy and bitter debate over political, social and ... perplexing problems. In view of this critical situation it is well for us to make a study of our political origins. Dr. Obering has contributed this most interesting monograph on "The Philosophy of Law of
are confronted at this point by a fundamental question of social and political philosophy. I do not believe that the jurist has to do more than recognize the problem and perceive that it is presented to ... philosophy could serve them no longer. They did not perceive that the ,facts of political life which it assumed and interpreted were changing fundamentally. But they did perceive vividly that its theory of the
are confronted at this point by a fundamental question of social and political philosophy. I do not believe that the jurist has to do more than recognize the problem and perceive that it is presented to ... philosophy could serve them no longer. They did not perceive that the ,facts of political life which it assumed and interpreted were changing fundamentally. But they did perceive vividly that its theory of the
Amendment. Next, this Article explores modern parallels to the suffragettes’ story, where nativist approaches propelled success for movements around issues, people, and political parties. Finally, this ... pushing down. The temptation for one political group to pursue gains by vilifying non-nationals is strong, in large part because doing so works. In this section, I explore modern examples of issue success
potential labyrinth of litigation. A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that typically has no merit, but is filed to prevent the defendant from participating in a political ... School of Law Digital Commons. For more information , please contact , USA - ELECTION SLAPPS: EFFECTIVE AT SUPPRESSING POLITICAL PARTICIPATION AND GIVING ANTISLAPP STATUTES THE SLIP I. II. III. IV
