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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

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,

On the Possibilities of Food Writing as a Bridge between the Popular and the Political

Chinese American food should provide.6 Other segments in the California Matters series have tackled more explicitly political, and less entertaining, topics with much more respectful treatment of scholarly

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

Unintended Consequences of the Carceral State: Chicana/o Political Mobilization in Post–World War II America

have usually come in the form of individu-al com plaints or short-term protests; but in the right circumstances they have also triggered broad social movements and political mobilization. This essay ... misconduct, emerged as a key political issue for the city’s Mexican Americans. By tapping into Mexican American-s’ ani mosity toward the police, local activists in the immediate postwar years, and Chicana/o

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

Delta Epiphany: Robert F. Kennedy in Mississippi

What was the political impact of Mississippi poverty on Robert F. Kennedy? Ellen B. Meacham explores this question in a detailed and insightful new book that il ... the political impact of M-issis expected something closer to zip-a-dee-doos-ippi poverty on Robert F. Kennedy? Ellen B. dah than rage. Meacham explores this question in a detailed By arguing that white

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

An Old Illness: How the United States Uses Racist and Xenophobic Ideas About Disease to Exclude Haitian Migrants During the Covid-19 Pandemic

after the assassination of Haitian President Jovenel Moise and the resultant political turmoil.3 Still others had left Haiti years before, living and working in South American countries like Chile before ... and the vast majority of people granted asylum came from communist countries.72 As a result, despite widespread political violence and poverty imposed by the state,73 Haitians seeking asylum were

The Warren Court and Living Constitutionalism

constitutionalism as a theory with no substance—simply a substitute for the political whims of judges. While not disputing that politics and values play an important role in all interpretive theories, this Article ... loosely connected to the text of the Constitution.”11 Recently, political scientist Calvin TerBeek proposed that living constitutionalism gained its dominance not because of a robust and persuasive

Political History beyond the Red-Blue Divide

provocative and timely essay Kim Phillips-Fein declares the historiography of modern American conservatism to be “at a crossroads.” From the broader perspective of U.S. political history, I would employ a ... conservatism seriously” is now institutionalized as a guiding principle of U.S. political history-a once necessary though now reflexive corrective to the consensus scholarship that caricatured conservatives as

“This thing has ceased to be a joke”: The Veterans of Future Wars and the Meanings of Political Satire in the 1930s

lying rusting. - to create their own political lobby to urge Congress to authorize immediate payment of a bonus to all men of draft age, and he dubbed this organization the Veterans of Future Wars (vfw ... , who castigated th-e organiza tion as unpatriotic and heartl3ess. Despite astonishing growth in membership, tvhfew imploded after only a few months because of disagreements over its political objectives

What is an English Jew?: The Legal Construction of Jewish Identity Under the UK Equality Act of 2010

, hospitals, local councils, transport providers, government departments, trade unions, and political parties, for instance—the legal construction of Jewish identity as a “protected characteristic” is important ... on its characterisation of “Zionism” and “anti-Zionism” as mere “political” ideologies which are unrelated to, and independent of, a person’s race 58 King-Ansell v. Police [1979] 2 NZLR 531, 542 (N.Z

Flocatex and the Fiscal Limits of Mass Incarceration: Toward a New Political Economy of the Postwar Carceral State

. By the time mass incarceration had emerged as a salient political issue, the scholarship on southern punishment had become fully recognized in a Pulitzer Prize?winning piece of popular history?Douglas ... New South?s penal system, see Alex LichtenstTewinic,e the Work of Free Labor: The Political Economy of Convict Labor in the New South (New York, 1996), xiii?xiv, 192?93. On southern punishment, see