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Constitution Notwithstanding: The Political Illegitimacy of the Death Penalty in American Democracy

This Comment argues that the death penalty is inconsistent with underlying principles of American democracy and is thus illegitimate as a matter of political philosophy, despite its conceded ... concludes that the death penalty ought to be rejected as a matter of political philosophy and that permanent abolition cannot be achieved through the traditional courtroom attacks. Lasting repeal of the death

Privatization and Political Accountability

This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically

Makers and Receivers: Judicial Heresy and the Tempting of America

necessarily defined within the context of history, philosophy, and political theory, one larger than one is ordinarily able to consider as he praises or condemns the decisions of our courts. ... concern of this Essay is Bork's theoretical chapters, not his historical and political arguments. Section III examines problems that Bork's judicial philosophy raises from the perspectives of history

The Political Economy of City Power

://ir.lawnet.fordham.edu/ulj THE POLITICAL ECONOMY OF CITY POWER Richard C. Schragger* Introduction ........................................................................................91  I. Weak Cities ... revealed both the entrenched inequities in America’s basic infrastructure and the striking limits of the electoral, economic, and political power of residents living in struggling municipalities.7 This lack

Federal Rules of Evidence and the Political Process

blend of conservatism about evidence law and political compromise. This tension has been kept in check until the proposal of Rules 413-415, which represents a concession to the politicization of the rules ... change, Congress should be sure that their proposal is backed by strong empirical evidence. Victor Gold THE FEDERAL RULES OF EVIDENCE AND THE POLITICAL PROCESS David P. Leonard* I. Introduction It

The Political Economy of Female Violent Street Crime

. These Communities and their residents live with the effects of political economic decisions over which they have little control. These decisions include not only the allocation and policies of legal ... sentencing that serves political goals but adds little to the deterrent effect of punishment. Can we reasonably expect to jail all drug offenders? The weak effects of punishment may have counterdeterrent

Crime, Gun Control, and the BATF: The Political Economy of Law Enforcement

use their discretionary law enforcement authority selectively, not only to channel benefits to specialinterest groups in return for political support, l2 but also to quash dissent by harassing members

Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought

dispensed with the need to distinguish, for analytical purposes, between theological and secular approaches, Garvey relies on sources based in various forms of moral philosophy to develop an extensive ... description of the "process of atonement. "9 The aim of this Essay is to carry forward Professor Garvey's project through a more detailed exploration of the concept of teshuva1° in Jewish law and philosophy

Teshuva: A Look at Repentance, Forgiveness and Atonement in Jewish Law and Philosophy and American Legal Thought

dispensed with the need to distinguish, for analytical purposes, between theological and secular approaches, Garvey relies on sources based in various forms of moral philosophy to develop an extensive ... description of the "process of atonement. "9 The aim of this Essay is to carry forward Professor Garvey's project through a more detailed exploration of the concept of teshuva1° in Jewish law and philosophy

The Limits of Corporate Responsibility. By Neil W. Chamberlain. New York: Basic Books, Inc. 1973. Pp. 236. $10.00.

This book is a chronicle of past and a prediction of future corporate survival through the furtherance of the consumerist philosophy. Professor Chamberlain discusses (although all too briefly) how ... this philosophy on various aspects of corporate and noncorporate life, from the corporation’s relationship with its employees to that with its shareholders, from the physical environment to education

Toward a Small Donor Democracy: The Past and Future of Incentive Programs for Small Political Contributions

introduction of campaign contributions as federal tax credits and its effects until the repeal of the tax credit by Congress. The articles then discusses state implementation of tax credits for political ... that political contribution incentive programs are a promising approach to increasing the voice of small donors and states several issues with this and qualifications to its success. Thomas Cmar

Insulating Incumbent Judges from the Vicissitudes of the Political Arena: Retention Elections as a Viable Alternative

predicament a judicial incumbent faces as a result of having to return to the political arena. Part III then explores three possible alternatives to the present reelection system. ... VICISSITUDES OF THE POLITICAL ARENA: RETENTION ELECTIONS AS A VIABLE ALTERNATIVE (CJC)2 constitutes the primary source of ethical law governing the political activities of incumbent judicial candidates3 and sets

Equality, Liberty, and a Fair Income Tax

This Article summarizes various formal theories of justice and of income taxation. It explores the nature of the American perception of justice. First, it provides an overview of the two political ... prerequisites for developing conception of justice") (citation omitted). In contradistinction, John Rawls does not consider his theory or political philosophy in general as a withdrawing from society. Rather, he

Contractual Welfare: Non-Accountability and Diminished Democracy in Local Government Contracts for Welfare-to-Work Services

implementation - under a strong "work first" philosophy, and in substantial reliance upon public and private vendors for the delivery of work-related services - of the TANF program. ... REFORM: COLLECTIVE ACTION, SOCIAL MOVEMENTS AND CYCLES OF PROTEST (1989), "new populism," e.g., CARL BOGGS, SOCIAL MOVEMENTS AND POLITICAL POWER: EMERGING FORMS OF RADICALISM IN THE WEST (1986), or

CONTINUITY AND CONTRADICTION IN THE THEORY AND DISCOURSE OF DEPENDENCE

The terms “dependence” and “independence” have historically been used as status makers in social and political discourse in the United States. As various groups and individuals have pursued ... obliviousness that also buttresses preferred ideologies."' The discourse and philosophy of dependency show that the terms "dependent" and "independent" have meant many things both in legal and political rhetoric

Saving Democracy: A Blueprint for Reform in the Post-Citizens United Era

Since the founding of our democracy, attempts to curb the influence of money in the political process consistently fall short of their goal. In fact, a growing number of cynics see campaign finance ... . See Benjamin Barber, Participatory Democracy, in POLITICAL PHILOSOPHY: THEORIES, THINKERS, AND CONCEPTS 357 (Seymore Martin Lipset ed., 2001) (“[A]n enthusiasm for participatory democracy has been

Tangled Up In Law: The Jurisprudence of Bob Dylan

of the criminal justice system; institutions; governmental/judicial corruption; equality and emancipation (political and economic); poverty, the environment, and inequality of the civil justice system ... should have been studying for my Political Science 102 exam.8 I abandoned Bob (as did so many other observant and secular Jews) during the Born Again period, and I came back into the fold in the mid

The Geography of Mass Incarceration: Prison Gerrymandering and the Dilution of Prisoners’ Political Representation

' Political Representation, 45 Fordham Urb. L.J. 323 (2018). Available at: https://ir.lawnet.fordham.edu/ulj/vol45/iss2/2 - Article 2 Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj ... residents of the district where they are incarcerated shifts political power from urban to more rural areas.9 The confluence of prisoners? ineligibility to vote, an increase in the United States? prison

THE “THREAT OF TERRORISM” AND THE RIGHT TO THE CIT

Restrictions on the everyday use of public space; restrictions on access to public buildings; restrictions on political expression and assembly for political purposes; restrictions on the freedom of ... that has nothing to do with physical safety or protection against terrorism, but is directed instead at winning elections, restricting debate and dissent, and maintaining tight political control over the

Is Sexual Orientation Immutable?: Presenting Scientific Evidence in Litigation to Gain Strict Scrutiny

determining immutability scientifically is looking at studies that seek to determine if, and how easily, sexuality can be changed. Finally, Ms. Diaz discussed the political economy of theories of homosexuality ... like custody. I actually think, however, that greater harm comes from the use of these laws as a means of political dis-empowerment. In debates over civil rights and domestic partnership laws that