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an appellate court. This role for Article III courts might become more important with the increased political control of administrative adjudication that an Article II line of the U.S. Supreme Court’s ... alleged to support agency action that is considered “extraordinary” in light of history, the scope of the agency’s alleged authority, and the “economic and political significance” of the action.11 By
or views on the subject.”18 Infractions would incur disciplinary action.19 In January 2018, a transgender woman, Jane Doe, showed up for the first day of Meriwether’s political philosophy course.20 As ... Defendants from efficiently providing services to the public (or even threatened to do so).”76 The others alleged that Doe had remained in Meriwether’s political philosophy class throughout the semester, had
contributed to political polarization. A case study of the impact of one firm’s acquisition of affiliates demonstrates the relationship between consolidation and polarization, while the firm’s recent attempted ... guarantees viewed in light of the “marketplace of ideas” metaphor with concerns raised by commentary identifying a link between consolidation and political polarization, this Note asserts that the regulations
to the current literature, which seeks to give judges more power to distinguish among factual claims, this Article takes a more holistic approach, focusing on political, economic, doctrinal, and ... overlapping political, economic, doctrinal, and institutional forces. Therefore, solutions should be multifaceted as well.29 The conventional narrative of misinformation and the law focuses on media literacy
down agency rules when an agency claims an unheralded power to regulate an issue of deep economic and political significance. The U.S. Securities and Exchange Commission (SEC) arguably claims such a ... cigarettes were not “drugs and devices.”194 The Court stated that it was “confident that Congress could not have intended to delegate a decision of such economic and political significance to an agency in so
by a hybrid of institutions rooted in both electoral and deliberative democratic models for legitimating the exercise of political power. In our current historical moment, I have suggested that “[d ... , would be salutary.34 She argued that presidential administration would increase accountability by making more transparent the political decisions that were driving even technocratic decision making.35 And
The U.S. Food and Drug Administration (FDA) has been revered as the gold standard in pharmaceutical safety and efficacy review since the 1960s. More recently, partly in response to the HIV/AIDS epidemic and the pressing need for new treatments, the FDA established an accelerated approval process to hasten the review of new drug applications so that drugs could be approved and...
inaction due to ongoing political polarization, asks whether presidential intervention is warranted. More specifically, this Note determines whether the Act’s current interpretation meets Congress’s intent ... Congress’s failure to follow the Kerner Commission’s recommendations over fifty years ago, either due to “paralysis of analysis” or fear of political fallout, is still indicative of the response legislators
legal doctrine outside of prison law. Judicial deference of many sorts has come under recent scrutiny. For example, scholars and advocates across the political spectrum have challenged the premise of ... FORMS OF JUDICIAL DEFERENCE Judicial deference to other government branches and agencies is not unique to prison law nor to the criminal legal system. Federal courts defer to state and federal political
counterexamples and the free will defense . Faith and Philosophy , 19 , 462 - 478 . Bergmann , M. ( 2003 ). Agent causation and responsibility: A reply to flint . Faith and Philosophy , 20 , 229 - 235 . Climenhaga ... Philosophy of Religion , 77 , 231 - 246 . Cohen , Y. ( 2016 ). Counterfactuals of divine freedom . International Journal for Philosophy of Religion , 79 , 185 - 205 . Craig , W. L. ( 2007 ). Sept. Q&A #23
basic definition of political representation in contemporary political philosophy—that is, representatives act to benefit their constituencies, not themselves.148 The President is one such official and ... factual findings or 35. Some might wonder why Presidents would impose such requirements on themselves, but Presidents frequently impose procedural constraints on themselves, and there are political
licence, visit http://creativecommons.org/ licenses/by/4.0/. Allen , C. ( 2020 ). Teleological Notions in Biology . In Zalta, E. N. (Ed.), The Stanford Encyclopedia of Philosophy (Spring 2020 Edition ... being: Connections and distinctions . Philosophy, Psychiatry, & Psychology, 9 ( 4 ), 321 - 341 . https://doi.org/10.1353/ppp. 2003 .0053 Coleman , T. J. , III., Bartlett , J. E. , Holcombe , J. M
Upheaval, and Political Polarization 0 Postdoctoral Research Fellow, The Graduate Center, City University of New York, Institute for Research on , USA 1 This Symposium is brought to you for free and open ... Black women are required to pay an inclusion tax through uncompensated invisible labor and more specifically emotional and cognitive labor5 during the COVID-19 pandemic, racial upheaval, and political
531. 16. C.L.P. 310; Laski, The Political Philosophy of Mr. Justice Holmes (1931) 40 YALE L. J. 683. The following excerpt from Laski is a good summary of Holmes' attitude toward absolutist ideas ... , and of his general philosophy of law: "The keynote of Mr. Justice Holmes' political outlook is a rejection of absolutist concepts. All principles are true in merely a relative way. The individual is
(though I will not address every point on which we disagree). The terms "natural law" and "legal positivism" have no stable meaning in contemporary legal, political, and philosophical discourse. It is
In this Article, Post-doctoral Associate Michael Laudor defends the tort of wrongful life as a valuable cause of action by developing a philosophy that addresses issues of intergenerational justice
This paper gives the reader a chance to experience, or revisit, PHOS16: a conference on the History and Philosophy of Open Science. In the winter of 2016, we invited a varied international group to ... recorded and they are offered here as an openly licensed community resource in both video and audio form. - Reviewable v2 open science; history of science; philosophy of science Date and place Nov 31
description and brief evaluation of models of democracy, see Amy Gutmann, Democracy, in 2 A COMPANION TO CONTEMPORARY POLITICAL PHILOSOPHY 521 (Robert E. Goodin et al. eds., 2007) (describing different theories ... comments on this piece. 1. I focus on the American class action and mass tort litigation models and on their legitimacy within the American political system. The legitimacy of international class actions
might have been otherwise, but it is not. I am not trying to do Kantian-style political or moral philosophy valid for "all rational beings" (whatever that might mean) but rather for the kind of beings we
-theodicy . Philosophy. Compass , 11 , 1 . Betenson , T. ( 2019 ). In defence of moralising Anti-theodicy: A rely to Snellman . European Journal for Philosophy of Religion , 11 ( 1 ), 213 - 226 . Hick , J ... critique and defense of theodicy . Religious Studies , 49 , 439 - 458 . Simpson , R. M. ( 2009 ). Moral antitheodicy: Prospects and problems . International Journal for Philosophy of Religion , 65 , 153
