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Toward a Political Theory for Private International Law

Private international law presents a dilemma for legal and political philosophy. Legal and political philosophers have ignored private international law, with only a few scattered attempts to ... outside these relationships. This article examines these issues from the standpoint of contractualist moral and political philosophy. How can private international law be justified from a moral point of

Reevaluating Politicized Identity & Notions of an American Political Community in the Legal & Political Process

, Public Law and Legal Theory Commons , Race, Ethnicity and Post- 3 New York University - Washington , D.C. , USA 4 Commons, Cultural Heritage Law Commons, Election Law Commons , Ethics and Political ... Philosophy 5 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons , Courts Follow this and additional works at: https://www.repository.law.indiana.edu/ijlse Colonial Studies Commons

Ranked Choice Voting: How Voters Have Responded to a Failing Political System

A long-standing colloquialism amongst politicians and people in the political world is “People love their congressmen but hate Congress.”4 While not a new sentiment, distrust of the political system

Serving Only to Oppress: An Intersectional and Critical Race Analysis of Constitutional Originalism Inflicting Harm

Constitution were set at the founding and have not changed or adapted since. See Marcia Coyle, ‘His Judicial Philosophy Is Mine’: Amy Barrett Touts Scalia in Remarks From Rose Garden, THE NATIONAL LAW JOURNAL ... (Sep. 26, 2020), https://www.law.com/nationallawjournal/2020/09/26/his-judicial-philosophy-is-mine-amy-barrett-toutsscalia-in-remarks-from-rose-garden/?slreturn=20230227132623. 2023] value judgments in

Recognizing America's "Religious Nones" and Their Influence on Political and Legal Norms

Berlinerblau defines secularism as ?[a] political philosophy which . . . is preoccupied with, and often deeply suspicious of, any and all relations between government and religion.?50 And, finally, defining ... philosophy that results in depriving religious leaders of political power but maintaining a benign attitude toward their religious beliefs. This notion has been consistently backed by religious liberals, the

How do professionals assess security risks in practice? An exploratory study

perception is central to the human experience, risks are perceived differently depending on social, political, and cultural factors (Renn and Rohrmann 2000). Wachinger et al. (2013 ) suggest that factors ... Posner. 1998 . The philosophy of risk, 7 . London: Thomas Telford Publishing. Committee of Sponsoring Organisations of the Treadway Commission . 2017 . Enterprise risk management-Integrating with strategy

Correction to: Football as a national security threat for the Turkish Republic of Northern Cyprus

After publication, it was noticed that the affiliation of the author was incorrectly published in the online published article. The correct affiliation should read as Political Science Department ... Political Science Department, University of Crete , Rethymnon 74100, GR 1 Political Science Department, University of Crete , Rethymnon 74100, GR , Greece - Publisher’s Note Springer Nature remains neutral

Providing Judicial Review for Decisions by Political Trustees

PROVIDING JUDICIAL REVIEW FOR DECISIONS BY POLITICAL TRUSTEES HENRY H. PERRITT Chaos in Iraq, controversy over U.S. unilateralism, and skepticism about “nationbuilding” have unsettled ground rules ... political trustees1 exercise temporary legislative, executive and judicial authority; yet in no case to date have they structured their judicial authority so as to provide for judicial review of either the

The “new” crimes of pandemics: observations and insights from Latin America

economics (Brainerd and Siegler 2003; Keogh-Brown and Smith 2008; Page et  al. 2012) , psychology (Pellecchia et  al. 2015; Rubin and Wessely 2020) , and political science (Fairchild and Oppenheimer 1998 ... of the emergence of “new” crimes and breaches during such times nor of how governments and state institutions respond to these. The Latin American political context Latin America has taken major

Do cybercrime laws address emergent IoT security threats? The case of UAE federal cybercrime law regarding RFID technology

its Offshore legal system. One of the central features of UAE’s political and legal landscape is the type of federal system which the country operates. According to the UAE Constitution, legislative

The Process of Power: A Process-Oriented Approach to Dissecting a Group’s Political Power

Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power,

Political Risk and International Investment Law

POLITICAL RISK AND INTERNATIONAL INVESTMENT LAW JASON WEBB YACKEE 0 1 0 Copyright © 2014 by Jason Webb Yackee 1 JD, Duke University School of Law , 2004; PhD, Political Science , University of ... difficulties related to measuring political risk and to international law’s arguably rather limited promise to provide meaningful protections against that risk. Part I explores the concept of political risk

The Antitrust Alternative: Promoting Public Health Through Competition

were political values that protected wellfunctioning markets, sought to democratize economic power, and most importantly, condemned corporate concentration as a public threat.75 Much of the history of ... federal enforcement of the antitrust laws was indeed colored by such a political, populist, anti-concentration hue.76 However, over time the perceived goals of the antitrust laws have been purposefully

Marriage Equality and a Lawyer's Role in the Emergence of "New" Rights

, multidisciplinary advocacy. But the development of rights seldom happens solely as a consequence of changes in judicial philosophy. As such, this Article first discusses rights as occurring in three stages and then ... and an inherent liberty that can perhaps be regarded as a right. They then establish, by means of human law, systems of property rights and political rights.?8 Thus, according to Ockham and those that

Invisible Ink: Intersectionality and Political Inquiry

Politics Commons , Law Commons, Models and Methods Commons, Other Feminist, Gender , and Sexuality Studies Commons, Other Political Science Commons, Political The ory Commons, and the Women's Studies Commons ... 1 University of Minnesota - Twin Cities , USA Follow this and additional works at: http://www.repository.law.indiana.edu/ijlse - INVISIBLE INK: INTERSECTIONALITY AND POLITICAL INQUIRY DARA Z

Qualified Immunity and the Unintentional, or Intentional, Chill on Free Speech

dangerous power that needs to be reformed, especially as technology and recording devices continue to advance. New issues have arisen since the doctrine was first established, and the political climate is ... things political, repealing the doctrine of qualified immunity is partisan, and support varies by race; however, it is not inaccurate to surmise that support is decreasing on all sides.181 According to

Integrated security management model: a proposal applied to organisational resilience

recognising and addressing risk without overlooking that the alignment of business continuity and crisis manage‑ ment within the ESRM philosophy are key requirements in any resilience pro‑ gramme. Along these ... moved towards a similar philosophy to ERM to manage them through ESRM, where ESRM is a component of ERM (Feeney and Houchens 2019) —although this does not imply that an ERM programme must pre‑exist or

Party system and efficiency of public goods supply: a formal model

Objective To advance in a theoretical explanation about the effect of party systems and political competition on government performance, relative to the provision of public goods and clientelistc ... number of competing political parties encourages the clientelistic behavior of incumbents. Limitations Despite the paper explains some known empirical facts, it does not present any empirical

Incombustible Ideas: Evaluating the Impact of Federal Court Opinions Regarding Book Banning in Public-School Libraries

the maintenance of a democratic political system”). 12 See Am. Civ. Liberties Union of Fla., Inc. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177, 1200 (11th Cir. 2009) (ruling that a school board’s action ... their social, political and moral tastes and not because the books, taken as a whole, were lacking in educational value.”); see Waxman, supra note 26 (“‘We’re seeing an unprecedented volume of challenges

Syringe Service Programs in Indiana: Moving Past the “Moral” Concerns of Harm Reduction Towards Effective Legislation

emergency threshold to rally political support for an SSP near them.68 In doing so, the interests of community members can be aligned with their local politicians and create an environment of acceptance in ... scientifically unfounded reasons. Along those same lines, SSP approval should not be left to chance. Approval by a local qualified entity, in this case, amounts to little more than political or moral approval.126