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Political Norms, Constitutional Conventions, and President Donald Trump

law. There likely have been some such violations, and there may be more. But what is most troubling about President Trump is his disregard of political norms that had previously constrained presidential ... Professor of Political Science, Duke Law School. For helpful conversations about political norms and constitutional conventions, I am grateful to Curtis Bradley, Michael Dorf, Claudia Geiringer, R. Craig

What Is Puerto Rico?

Puerto Rico?,” and only a satisfactory answer to that question can contribute the political preconditions for a lasting recovery from the financial and natural disasters afflicting the island. ... of political philosophy (as with John Locke). 5. Nick Brown & Tracy Rucinski, Puerto Rico Governor Vows Statehood Push After 2019] Association/Independence,? and ?Current Territorial Status.?6 In a

The Fortification of Inequality: Constitutional Doctrine and the Political Economy

shape them. Third, while much constitutional law relating to the distribution of economic and political power and the non-existence of social welfare rights now seems indisputable, sometimes even ... political system from which many ordinary Americans feel excluded; they feel forgotten by those in power, and they worry that their opportunities are declining.1 Their perceptions are based in reality

The Next Reapportionment Revolution

directly to the current crisis of political gerrymandering. The boundaries of equal-population districts must be redrawn every ten years to maintain population equality. Even with rigid adherence to ... apportionment plans that use political units as electoral districts and allocate legislative votes to each district in proportion to its population. Weighted voting eliminates the need for strict population

Legal Philosophy from Plato to Hegel, by Huntington Cairns

the industrial challenge of today, the antitrust agencies must be provided with a set of fine surgical instruments. WALTER ADAMSt LEGAL PHILOSOPHY PROM PLATO TO HEGEL. By Huntington Cairns. Baltimore ... : The John Hopkins Press, 1949. Pp. xvi, 567. - $7.50. I have long thought that "legal philosophy" or "jurisprudence" would frighten fewer people away if it were more attractively labeled; "thbroughgoing

Typhoid Mario: Video Game Piracy as Viral Vector and National Security Threat

proposes that we adopt a harm reduction philosophy that both dissuades piracy and decreases the malware risk attendant to ongoing piracy. ... tense political climate, cyber security is paramount. Yet, little has been done to address a significant fifth column?malware infected gaming computers. The United States has neglected this critical

The Political Process as Final Solution

elected majority that knows the "truth." Madison may also have known that ultimately even the Supreme Court would be subject to democratic political forces. 3 He may also have known how intolerant and ... pierced by the forces of a "great historical ideal,"' the democratic political process." Energized by the economic conditions of the 1930s, the political process, in the 1980s and 1990s, may be taking on 5

Citizens United, States Divided: An Empirical Analysis of Independent Political Spending

and control states between 2006 and 2010, the increase was more than twice as large in the treated states, and nearly all of the new money was funneled through nonprofit organizations and political ... system the Court envisions and the political system that actually exists has transformed the judicial philosophy of “deregulate and disclose” into “cutback and conceal.” As a result, one of the most

Political Markets and Community Self-Determination: Competing Judicial Models of Local Government Legitimacy

@ Maurer Law. For more information , please contact , USA Part of the Law and Politics Commons; and the State and Local Government Law Commons - JOURNAL Political Markets and Competing Judicial ... Philosophy, and members of the Law and Economics Workshop at the University of California at Los Angeles. *B.A. 1957 Yale; LL.B 1960. Professor of Law, Harvard. 'Posner, The Economic Approach to Law, 53 Tex

Extradition and the Political Offense Exception in the Suppression of Terrorism

effectively within the confines of a democratic order has become one of the most urgent tasks for western governments. In Europe, violent terrorist incidents have been part of political reality for more than

Is the Second Amendment Becoming Irrelevant?

Why might the Second Amendment cease to serve this vital constitutional function? The explanation begins with the difference between how the Second Amendment is invoked in political debates and how ... Second Amendment frequently, and with considerable success, on the floors of statehouses nationwide. With the National Rifle Association (NRA) one of the nation?s leading political players and gun

Elections, Neutrality Agreements, and Card Checks: The Failure of the Political Model of Industrial Democracy

is.3 The preference for secret ballots is often analogized to the democratic political process. The central feature of the American political system and the starting point for the legitimacy of ... the traditional Board-certified election. This fact can be demonstrated in three ways: The first is an exploration of what industrial democracy means and where the analogy to political democracy came

Too-Big-To-Fail 2.0? Digital Service Providers

The Article explains why addressing Too-Big-To-Fail 2.0 has not yet become a political and societal priority. First, digital service providers are technology companies, which, many believe, are ... importance stretch far beyond their mere scope. These entities have become extremely political as they reach levels of influence and impact that modern economies have never permitted even the largest financial

Substitute and Complement Theories of Judicial Review

Constitutional theory has hypothesized two distinct and contradictory ways in which judicial review may interact with external political and social support. One line of scholarship has argued that ... external support are substitutes. Thus, ?political safeguard? theorists of American federalism and the separation of powers argue that these constitutional values are enforced through the political branches

Trump as Constitutional Failure

politics. The rise of this political culture is enabled by technological changes that have diminished the role of intermediaries in public life in ways that have contributed to political polarization and ... status of the Trump presidency as a political failure is whether Trump?s election also represented a failure of the U.S. Constitution. Do our constitutional arrangements predict just the kind of political

Does the Constitutional Norm of Separation of Church and State Justify the Denial of Tax Exemption to Churches that Engage in Partisan Political Speech

director of the Exempt Organizations division of the IRS has stated that the agency "intends to be vigorous about investigating" political campaigning by charities; stating that the Exempt Organizations

The Unconvincing Case Against Private Prisons

flawed. The Article challenges the historical record and philosophy of the state on which the theory is based, and then explores two other issues the theory wholly ignores: private custodial arrangements ... likelihood Hobbes’s single greatest contribution to political philosophy. What’s more, the state monopolists’ implicit theory of delegation—namely, that it is simply not the sort of thing that states

Executive Branch Fact Deference as a Separation of Powers Principle

“hostilities” within the War Powers Resolution. By addressing the political question doctrine’s history and the response to Zivotofsky I, this Note will explore whether the political question doctrine ... statement). 2017] national security,8 courts are hesitant to ?curb the federal political branches . . . and have even developed doctrines of special deference to them? that lead courts to refuse to disturb

Dedication-Jerome Hall

Political Philosophy. His penchant for "integration" culminated in his holding the presidency of both the American Section of the International Association (AMINTAPHIL) and the American Society at the same ... school on the basis of an experiment to wed the two great systems of law, the Civil Law and the Common Law, in a modern synthesis of social science, philosophy, legal history and comparative law. I soon

Understanding the Complicated Landscape of Civil War Monuments

as heroes and villains. Public monuments give legitimacy to the ideals represented and one has to have sufficient political power to occupy these public spaces; the erection of such monuments indicates ... of New Orleans history, the sentiments in favor of white supremacy expressed thereon are contrary to the philosophy and beliefs of present-day New Orleans.?21 In 1981, the mayor of New Orleans tried to