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Decoding the "Sphinx-Like Silence": State Residency, Petition Circulation, and the First Amendment

may assist these individuals by gathering petition signatures. Candidates for political office, initiative proponents, and their supporters have challenged some of these restrictions as unconstitutional ... , eligible to vote in the state. The majority of circuits have declared these restrictions unconstitutional burdens on political speech, while one circuit has found them a reasonable regulation of a state?s

History and Harvard Law School

* Professor in Philosophy & History of Education Program, Ohio State University. ** J. Donald Monan, S.J., University Professor, Boston College Law School, Charles Warren Visiting Professor of American Legal ... national university professional school. In making this argument, we did not ignore the conflicts and entanglements involving the Law School in the nineteenth century. These included political infighting

Virtue and the Constitution of the United States

Athens, and lives in its traditions, one will be a contented * Biolchini Family Professor of Law, University of Notre Dame; Professor of Law and Legal Philosophy, Oxford University. slave-owner, wise in ... hold, by asking and pressing questions which we formalize as "philosophy," or by hearing and living by a new and true gospel, one gets clear that there is only one genuine kind of virtue. In our language

The Manual for Courts-Martial--Its Legal Status and the Effect of Decisions of the United States Court of Military Appeals

, Georgetown University; A., 1939 , Ph.D, 1949 , Fordham University. Professor of Political Philosophy at Georgetown University, Washington, D.C. Author of GRA co-Rors. , PoLarr , 20 Ford. L. Rev. 119 ( 19SI

The Advisory Opinion and the United States Supreme Court

shaping mhch of our present pattern and philosophy.3 Consequently, any proposal relating to the discharge of that responsibility must, of necessity, touch upon the whole mechanism of our system, and is ... Court into the arena of heated political controversies. 114 "Political" thus becomes, like "radical" a conveniently inclusive term of opprobrium, an argumentum ad hominem to be applied extrinsic to the

Executive Power, Drone Executions, and the Due Process Rights of American Citizens

analyzes the breadth of the executive?s unilateral military authority and how the political question doctrine defines the scope of this authority. A. Mapping the Landscape of Drone Strikes Upon taking the ... system of checks and balances prevents one political branch from developing tyrannical power.82 Examining traditional and modern notions of the scope of executive war power within the greater framework of

Unequal Justice: Arabs in America and United States Antiterrorism Legislation

History. 6. See James X. Dempsey & David Cole, Terrorism & the Constitution: Sacrificing Civil Liberties in the Name of National Security 114 (1999) (describing the political pressure for antiterrorism ... violates the principle of "equal justice" by unjustly stigmatizing Arab people in America. "Equal justice," as derived from ancient philosophy and American constitutional principles, demands equal treatment

The General Welfare Clauses in the Constitution of the United States

and chance.'--HuoH WnLTAmsoN, 4 1792. I. GENERAL WELFARE-THE CONCEPT In endeavoring to discover the basic political principle responsible for the abundance of socio-economic legislation emanating ... used for the greatest good for the greatest number"; 6 that "the outstanding need seems to be for a democratic mechanism which can direct action in behalf of the general welfare.' 7 A political author

Guilt By Genetic Association: The Fourth Amendment and the Search of Private Genetic Databases by Law Enforcement

information, the government and law enforcement could later use that information to target political undesirables.307 While the possibility of such misuse may seem remote, at various points throughout the ... latter half of the of twentieth century, the FBI, the CIA, Congress, and the U.S. Army have collected intimate information from U.S. citizens for the purposes of identifying and monitoring political

Rethinking the Tough Sentencing of Teenage Neonaticide Offenders in the United States

prison. I. JUVENILE LAW There is ample treatment of the history of juvenile justice 4 in the legal literature.1 5 In addition, analyses of the utility, philosophy, and future of juvenile justice abound ... children,4 ' with a focus on treatment rather than punishment.42 It was 1999] informed by the philosophy of parens patriae4.3 By adjudicating children in a system isolated from adult criminal court, it was

The United States Department of Justice Environmental Crimes Section: A Case Study of Inter- and Intrabranch Conflict over Congressional Oversight and the Exercise of Prosecutorial Discretion

industry and political figures." A number of congressional committees held hearings to investigate the Section,4 and the national media covered the issue extensively.5 In addition, several ECS prosecutors ... . Finally, this Note posits that the threat of improper partisanship constituted a critical element of the ECS affair. Political tensions underlay the interbranch conflict over congressional investigation

Head-of-State Immunity in the United States Courts: Still Confused After All These Years

an imprisoned political opponent killed by Haitian soldiers allegedly acting on the orders of then-President of Haiti, Jean-Bertrande Aristide. 11 Aristide was living in exile in the United States at ... 51 and accompanying text. 14. Aristide, 844 F. Supp. at 139. Even though the U.S. government still recognized Aristide as the legitimate head-of-state of Haiti and may have had a political interest in

Privitization of Old-Age Pensions in Latin America: Lessons for Social Security Reform in the United States

for retirement during the Depression brought increased popular and political support for a system of federal old-age pensions.2 5 President Franklin D. Roosevelt used this swelling support to push ... suggested that without fundamental reform of the current system, the rising tax burden of Social Security on working Americans will lead to a political war between the young and the old.39 2. Insufficient

The Foreign Sovereign Before United States Courts

edition. These were annotated to United States laws and conditions. 26. Smith's work was the first comprehensive treatise (in English) on national economic policies or political economy. The author was ... professor of moral philosophy at Glascow University and the book was apparently written to prove that current ideas were unsoundparticularly, that private vices were public benefits because they create

The Lengthening Anti-Bribery Lasso of the United States: The Recent Extraterritorial Application of the U.S. Foreign Corrupt Practices Act

, 10 Duke J. Comp. & Int'l L. 345, 348-52 (2000); Peter W. Schroth, The United States and the InternationalBribery Conventions, 50 Am. J. Comp. L. 593, 593-96 (Supp. 2002). political elections in the ... companies exerted corrupt influences on the political processes of their countries. Id. at 45 n.17 (citations omitted). 46. See id. at 44. 47. Cf. Posadas, supranote 38, at 355-56 (noting that the SEC

Criminal Procedure in England and the United States: Comparisons in Initiating Prosecutions

and the regulations promulgated by the British Attorney General 3 2 do not confine the Director's prosecutorial discretion. In exercising his discretion, the Director is completely free from political ... influence. Although appointed by and responsible to the Attorney General, who holds government office, the Director maintains his political independence. His ability to do so is explained by Sir Norman

Anyone Can “Think Like a Lawyer”: How the Lawyers’ Monopoly on Legal Understanding Undermines Democracy and the Rule of Law in the United States

court administration systems, and building up bar associations.10 These efforts to “win the hearts and minds of the judicial and political elite” to bring about reform often fail, because the corruption ... Quigley, Growing Political Will from the Grassroots: How Social Movement Principles Can Reverse the Dismal Legacy of Rule of Law Interventions, 41 COLUM. HUM. RTS. L. REV. 13, 50 (2009). 12. Golub, supra

Indigenous Ethics and Alien Laws: Native Traditions and the United States Legal System

tbl.2-1. The survey's author, demographer Russell Thornton, takes a middle position estimating the North Ameriin an array of different legal and political systems and practiced many diferent relitions ... File. In addition, the Pequots contributed an estimated $465,000 to political parties and campaigns in 1996. Meredith O'Brien, Gaming Executives Have Lot at Stake in Washington, Hartford Courant, July 2

Fear of a Multiracial Planet: Loving’s Children and the Genocide of the White Race

families and children. For segregationists, prohibiting interracial marriages was a central principle and part of the larger social, political, and legal system of racial segregation aimed at preventing ... whites and blacks from interacting on terms of social equality. Social equality is a political concept concerned with ?whether persons [of different races] were considered social equals in civil society

A CRISPR Future for Gene-Editing Regulation: A Proposal for an Updated Biotechnology Regulatory System in an Era of Human Genomic Editing

difficult to integrate social, political, and ethical norms of different countries into a single policy[;] and that developing international systems of governance may require substantial resources that may ... distribution of costs and benefits Voice and accountability: Processes are transparent and provide scope for citizen participation; regulatory agencies are accountable to citizens and their political