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Fundamental Freedoms? Ilias Bantekas Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons Recommended Citation Ilias Bantekas, Political ... and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact . Political Neutrality in the Rules of
intend to bring it about that the principal’s criminal conduct occurs. This Article defends the intention requirement against this criticism. Drawing on insights from the philosophy of action, it argues ... of philosophy. To the extent that this Article dips into the philosophy of action, however, it does so in service of a normative legal project, namely, ascertaining what the elements of accomplice
-justifying, which, of course, begs the question: “Why does tort law exist?” In addressing that question, this Article examines the political philosophy of John Locke and argues that legal formalism is ... Political Philosophy and Mass Tort TABLE OF CONTENTS Copyright held by the NEBRASKA LAW REVIEW. * Associate, Jones Day; J.D. 2007, Harvard Law School. The views set forth herein are the personal views of
Libertarian View, in POLITICAL PHILOSOPHY AND TAXATION: A HISTORY FROM THE ENLIGHTENMENT TO THE PRESENT 251– 79 (Robert F. van Brederode ed., 2022). Under this approach, people may not be forced to pay taxes ... for whistleblowing). 18 See, e.g., Edward J. McCaffery & Jonathan Baron, The Political Psychology of Redistribution, 52 UCLA L. REV. 1745, 1746–48 (2005) (discussing tax policy, redistribution, and
While corporations do not enjoy unfettered freedom—they are constrained by legal, political, and social requirements and expectations—governments must have legitimate grounds when they compel ... dubious. 11. Id. 12. I do not use the term “corporate freedom” to support the maximalist version of corporate freedom, in recognition that corporations are constrained by legal, political, and social
). As she explains in chart form: Defendant “Gripe”/disparagement Political actor v. engaged in cases: commercial political noncommercial actor v. actor/religious actor speech sold in noncommercial cases ... ; trademark the market— speaker, including registration for e.g., movies political speaker purely noncommercial endeavors Does trademark Yes, but with No (modern view) Yes, without cover modified explicit
disclosure rules fail to satisfy these requirements. Instead, the proposed climate rules create controversy by imposing a political viewpoint, by advancing an interest group agenda at the expense of investors ... distinction between commercial and political speech did not exist, and regulations of commercial speech were subject to the same protections as any other kind of speech.109 The Chrestensen court, however
., J.D., Ph.D., Robert J. Kutak Professor of Law, Professor of Law and Psychology, and Professor of Philosophy Emeritus John R. Snowden, B.A., J.D., Professor of Law Emeritus Robert G. Works, A.B., J.D
adjudication is best suited to enable the Board to implement majoritarian political philosophy more readily in the process of making and changing law and policy: "A national labor policy that responds quickly to ... reflect political majoritarian labor philosophy in its decision-making. A quarter century ago, a former chair of the NLRB predicted that some variation of a labor court was inevitable.136 During the Nixon
discretion and power as ballot gatekeepers.10 These concerns have been well substantiated. Leading political scientists have shown, for example, that when judges work to aggressively apply the single-subject ... serious and important, there is a deeper problem with the singlesubject rule that is of growing significance. My core claim is that in today’s political environment, the single-subject rule is at risk of
With organized labor's growth in numerical strength and ascendancy in economic power came increased participation and effectiveness in political action. Efforts to advance the welfare of its members ... politics because they exist in a legal and political system which has been generally critical of union activities.-Reynolds, Labor Economics and Labor Relations 111 (1949). With organized labor's growth in
a strong political statement (or misstatement) in the court of law as demonstrated by the U.S. Supreme Court’s recent decision striking down Minnesota’s ban on wearing “political apparel” to vote in ... (ing) a Political Statement: A Review of the Legal & Social Issues that Arise from Banned Political Clothing and Other Controversial Fashion Items in Light of the U.S. Supreme Court's Decision in
to audit and investigate agency activities—and not to opine on the policy judgments, political statements, or activities of the President, his immediate staff, or the advise-and-assist components of ... active part in political management or political campaigns, including “us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election.”409 For
The online platform political economy—that is, the interrelationship of economic and political power in the exchange of online services for personal information—has endowed platforms with ... political issue: that platforms’ hegemonic control over consumers’ information privacy renders the rules they impose illegitimate from a democratic perspective. It argues platform hegemony over consumers
alignment with shareholders. Cambridge Analytica, for example, was a political consulting firm with expertise in data analysis. The company’s algorithms were designed to predict and influence the behavior of ... , sexual orientation, race, religion, political views, relationship status, substance use, and personality. 77 With as few as 300 Facebook likes the algorithms could outperform a spouse in assessing their
This literature review presents a bridge between current use of critical theories in student affairs and contemporary political critiques of higher education. Critical theories in student affairs
provide a reframed course of discussion for higher education professionals. The fact that gender-based policies continue to be governed by lawmakers keeps the personal political. I begin with an overview of ... political: A feminist critical policy analysis of the rollback of Title IX. Journal of Critical Scholarship on Higher Education and Student Affairs, 3(3), 38-47. - The Personal Is Still Political: A
anti-immigrant sentiments have negatively impacted the sense of belonging of students as a continuation of the current political climate.
speak in this way, and legally, can it do so? Developing a robust answer to the second question is the focus of this Article, which brings together political scientist Corey Brettschneider’s ... , and Professor of Education Policy, Michigan State University College of Education; JD, MA Duke University; BA Drake University; PhD candidate, University of Queensland School of Political Science and
the current political climate, it is doubtful that qualified immunity will be reformed, much less abolished, anytime in the near future. Unless—or until—Congress figures out a way to meaningfully reform ... The case against qualified immunity continues to build.2 Even with “growing calls by courts, as well as by a number of commentators and advocacy organizations across the political spectrum, to
