Advanced search    

Search: Political Philosophy

468 papers found.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

In Praise of Reconciliation: the In-Court Settlement as a Global Outreach for Appropriate Dispute Resolution

trend toward in-court settlement highlights the urgency of embodying a new philosophy of distributive justice in civil procedure at a global level. To this effect, rather than securing only substantive ... and the embodiment of a new procedural philosophy in judicial systems. Moreover, it will sketch the benefits of conciliation for parties and society compared to the adjudication method. Part IV aims to

CLIMATE DIPLOMACY: CAN MEDIATING CLIMATE CONSIDERATIONS INTO PEACE AGREEMENTS CREATE A SUSTAINABLE FUTURE?

JOURNAL OF DISPUTE RESOLUTION [Vol. 2024 In September 2022, the United Nations Department of Political and Peacebuilding Affairs released a practice note detailing the implications of climate change for ... -education-new/george-mitchell-building-peace-northern-ireland (last visited Oct. 15, 2023). 14. United Nations Department of Political and Peacebuilding Affairs, supra note 8. 15. Defining “success” in

STRATEGIES FOR SUCCESSFUL NEGOTIATION OF INTERNATIONAL DISPUTES: POSITIONAL BARGAINING VS. PRINCIPLED NEGOTIATION IN THE INDUS WATER TREATY NEGOTIATIONS

functional and not a political plan, without relations to past negotiations and past claims, and independently of political issues.49 The Bank also outlined the process to achieve resolution. The World Bank ... to represent India before independence, were handed over to the new government.”75 India also saw continuity in political leadership, leaders which were an important part of politics pre-1947 saw

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

Orienting Toward Party Choice: A Simple Self-Determination Tool for Mediators

MEDIATION at 59-63 , 250 - 56 (JosseyBass rev. ed. 2005 ) (relating the value of empowerment in mediation to research and theory in many fields, including political philosophy, developmental psychology and ... accusatory statement from Dad. and appreciate, id. The authors believe the most value is in a checklist for self-determination that will empower mediators of any philosophy to support party agency, id. 19

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

ASEAN Dispute Settlement and the Temple of Preah Vihear

as the ASEAN Summit,9 the ASEAN Coordinating Council,10 the ASEAN Community Councils,11 the Secretary-General of ASEAN and the ASEAN Secretariat.12 In light of all the political and structural ... on the border between Cambodia and Thailand. It is a temple of much cultural, as well as political, significance. Cambodia and Thailand have argued for many years over the territorial sovereignty of

Introduction to “Dispute Resolution and Political Polarization

contributions from seven well-known conflict resolution scholars on the topic of political polarization and dispute resolution principles.

Living with No: Political Polarization and Transformative Dialogue

We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors ... ideological and political parties are less open to compromise and bipartisanship. This has led to government shutdowns and legislative stalemate in Washington, and increasing difficulty for people to have

How Can International Commercial Courts Become an Attractive Option for the Resolution of International Commercial Disputes?

end, it compares the political and legal conditions under which the two conventions were conceived, showing how the differences in these conditions have led to lower international acceptance of the ... factors can induce states to sign-and-ratify HCCCA: (1) a suitable political climate; and (2) pressure from domestic interest groups, mainly the judiciary and the legal profession. The effect of these

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