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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,

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

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

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

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

Osamu Kanamori: Philosophy of Genetic Modification

This is a striking book (original title: 遺伝子改造). Osamu Kanamori (金森修) is a leading scholar who has critically studied interactions between science and society. He has been assigned to governmental committees on bioethics and has strongly opposed the hasty introduction of new medical technologies. In this book, Kanamori carefully examines the ethical problems of genetic...

Public Participation in Science and Technology: Performing and Obscuring a Political–Conceptual Category Mistake

political theory and philosophy, which would throw due historical perspective on the deeper forces shaping scientific understandings and normative representational performances of its ‘democratic’ publics. ... assumed categories in accountable ways. This points us as science and technology studies (STS) scholars towards bodies of existing work, in political theory and philosophy, for example (Young 1996; Benhabib

The Irrationality of Child Support Enforcement in the United States: Harming Children and Punishing the Poor

practice of incarceration for nonpayment of child support. I. THE TRANSFORMATION OF THE CHILD SUPPORT SYSTEM AND THE CURRENT STATE OF ARREARS AND ENFORCEMENT A. Shifting Societal and Political Attitudes ... to make their child support payments but deliberately chose not to pay.14 Political leaders contributed to this perception with heated rhetoric,15 including President Bill Clinton’s public remarks that

Anti-Semitism and The Overlooked Benefits of Allowing “Hate Speech”

minds, a badge of political martyrdom.”32 The historically significant period of 1930s Germany provides an alarming example of how censorship efforts often backfire and create the potential for ... prosecutions for hate speech to their advantage, presenting themselves as political victims and whipping up public 2022] support among aggrieved sections of German society, their future social base. Far from

Disappearing Diversity? FCC Deregulation and the Effect on Minority Station Ownership

onlookers believe that there is an inevitable trend toward the demise of viewpoint diversity. In order to combat this problem, the FCC must accept that its market forces philosophy has proven inadequate to ... place more minorities in a position to control stations’ content. This sort of private self-regulation is consistent with the FCC’s market forces philosophy and would create renewed hope in the viability

Italian Perspectives on the Judiciary

that, even today, undermine the independence of judiciary - the practice of judges standing political office, the progressive politicization of the High Council of the Judiciary, the judicial ... today undermine the independence of judiciary - the practice of judges running for political offices, the progressive politicization of the High Council of the judiciary, the judicial intervention in