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political sphere, figuring in a number of congressional–presidential confrontations. Such simultaneous top billing in the judicial and political spheres is hardly coincidental. After all, it was President ... APPOINTMENTS, INNOVATION, AND THE JUDICIAL-POLITICAL DIVIDE GILLIAN E. METZGER 0 1 0 Stanley H. Fuld Professor of Law, Columbia Law School 1 Copyright © 2015 Gillian E. Metzger The federal
young people are building movements that change norms and policies at national and global levels (Anyiwo et al., 2020) and can transcend structural barriers to political participation, such as the ... , in which youth learn about the root causes of systems of inequity; political efficacy, in which youth become empowered to create sociopolitical change; and sociopolitical action, where youth resist
of the Torres Strait region under the International Covenant on Civil and Political Rights 1966, as interpreted by reference to the Paris Agreement, by failing to take adaptation and mitigation ... undertakings made by the host State for the Paris Agreement when assessing the political risk attached to a particular investment. For example, a mitigation project involving the creation of a reserve area by
and legitimating force of Reason, or rationality, but several recent developments signal a political turn in understandings of administrative justification. First, in upholding the decision of the ... DUKE LAW JOURNAL THE POLITICAL TURN IN AMERICAN ADMINISTRATIVE LAW: POWER, RATIONALITY, AND REASONS JODI L. SHORT 0 1 0 Associate Professor, Georgetown University Law Center. For their generous
The rules that should govern political campaign intervention by social welfare organizations exempt from taxation under § 501(c)(4) of the Internal Revenue Code have been the subject of recent ... experts on the topic, under the auspices of two wellknown nonprofit groups, undertook the task of clarifying the rules regarding tax-exempt political activity. In light of the issues becoming national news
philosophy of action, it contends that Congress has no collective intention, not because of difficulties in aggregating the intentions of individual members, but rather because Congress lacks the sort of ... (2014). 9. See generally Matti Eklund, Fictionalism, STANFORD ENCYCLOPEDIA OF PHILOSOPHY (2015), http://plato.stanford.edu/archives/win2015/entries/fictionalism [https://perma.cc/WA9KDVH6] (providing an
when writing about liquidation. By using the tools of history and philosophy, this Note combines two interpretive modalities in service of strengthening the legitimacy of scholarly and judicial ... Jeff Powell for their guidance and insightful comments, to the participants in the Fall 2015 Philosophy for Constitutional Lawyers seminar at Duke Law School, and to my colleagues on the Duke Law Journal
independence similar to that of U.S. federal judges, I use judicial outcomes to ask whether Japanese premiers from different parties have appointed justices with different political preferences. Although the ... LDP can appoint to the supreme court justices who share its political philosophy. Through that Chief Justice, it can monitor and control the Secretary General of the Secretariat. Through the secretary
J. AM. JUDICATURE SOC'Y POLITICAL CONTROL OF FEDERAL PROSECUTIONS: LOOKING BACK AND LOOKING FORWARD DANIEL RICHMAN 0 1 0 Professor, Columbia Law School. Thanks to Sam Buell, Deborah Denno, and the ... identified—the attorney general who had barely a clue of what was 18. See Daniel C. Richman & William J. Stuntz, Al Capone’s Revenge: An Essay on the Political Economy of Pretextual Prosecution, 105 COLUM. L
A RESPONSE TO PROFESSOR RAMSEYER, PREDICTING COURT OUTCOMES THROUGH POLITICAL PREFERENCES MICHAEL BOUDIN 0 1 0 Circuit Judge, United States Court of Appeals for the First Circuit; Lecturer, Harvard ... Law School. 1. J. Mark Ramseyer, Predicting Court Outcomes Through Political Preferences: The Japanese Supreme Court and the Chaos of 1993, 58 D 1 Copyright © 2009 by Michael Boudin Two quotations
political party, and, sometimes, even when the President comes from the same party but there are ideological objections to the nominee. That the appointments process has, at times, been difficult and ... make law and that the political and judicial attitudes of nominees matter. Under such circumstances, the Senate’s inquiry quite naturally goes beyond the simple question of whether a nominee is qualified
Whether there should be a political question doctrine and, if so, how it should be implemented continue to be contentious and controversial issues, both within and outside the Court. This Article ... DUKE LAW JOURNAL THE POLITICAL QUESTION DOCTRINE: SUGGESTED CRITERIA JESSE H. CHOPER Copyright © 2005 Jesse H. Choper. † Earl Warren Professor of Public Law, University of California, Berkeley
(sometimes termed political efficacy, agency, or empowerment), or, perceptions of one’s ability to enact change, and (3) critical action, or participation in efforts to change inequalities (Rapa et al., 2020 ... the political process. Critical action may also extend beyond political engagement to include actions like service (Tyler et al., 2020) and social media engagement (Wilf et al., under review) aimed at
ethical development. This process is true now in a set of emerging issues: the law of food systems, animal rights, and climate change. This Article draws on philosophy, history, and psychology to develop an ... ” would depend on “metaphysics,” which he defined as “a theory of the natural order and our place in it.”4 A towering figure in political philosophy, Rawls had a gift for seeing the heart of an issue. Yet
ABANDONMENT AND RECONCILIATION: ADDRESSING POLITICAL AND COMMON LAW OBJECTIONS TO FETAL HOMICIDE LAWS DOUGLAS S. CURRAN 0 1 0 Duke University School of Law, J.D. expected 2009. Georgetown University ... because they do not wish to protect the life of a fetus, but because the issue implicates the politics of reproductive rights.22 Similar to this political objection to legislative recognition of fetal
premature to settle on that VOLUME 55 MARCH 2006 NUMBER 5 THIRTY-FIFTH ANNUAL ADMINISTRATIVE LAW ISSUE EVALUATING E-RULEMAKING: PUBLIC PARTICIPATION AND POLITICAL INSTITUTIONS STUART MINOR BENJAMIN ... FOR POLITICAL RENEWAL THROUGH THE INTERNET 155, 155 (Peter M. Shane ed., 2004) (“Accompanying the last decade’s enthusiasm for the Internet economy were equally extravagant expectations about
Due process protections and other constitutional restrictions normally ensure that citizens cannot be tried and punished for political dissent, but these same restrictions interfere with criminal ... DUKE LAW JOURNAL POLITICAL TRIALS IN DOMESTIC AND INTERNATIONAL LAW ERIC A. POSNER 0 1 0 Kirkland & Ellis Professor of Law, University of Chicago. Thanks to Dan Farber , Daryl Levinson, Richard
Psychology, Sigmund Freud University, Vienna, Austria Department of Psychology, School of Philosophy, National and Kapodistrian University of Athens, Athens, Greece Institute of Clinical Medicine, University
This Note assesses Ghana’s legal regime for managing revenues from its newfound petroleum reserves as a means of combatting the resource curse—the well-documented political and economic phenomenon ... Ghana. Finding that none of these regimes are adequately applicable to Ghana's economic, social, or political context, this Note goes on to propose a novel regime for petroleum revenue management in Ghana
. I note that confirmation delays are focused in the middle layer of political appointments—at the assistant secretary level, rather than at the cabinet head—so that formal functions and political ... . Further, regulatory policy making and even agenda setting can depend more critically on the work of career civil servants than on the political leadership of an assistant secretary, further reducing the
