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In Defense of the Juggernaut: The Ethical and Constitutional Argument for Prosecutorial Discretion

examines how prosecutors on both ends of the political spectrum have used charging discretion as a means of furthering public policy. This Article concludes by arguing that prosecutorial discretion is a ... who elected her and charge someone with an unpopular crime? What if that jurisdiction’s political sentiment towards an offense means that a jury drawn from that community, will not convict the defendant

Parliamentary Supremacy versus Judicial SupremacyHow can adversarial judicial, public, and political dialogue be institutionalised?

The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel

Fundamental Rights and the EU Internal Market: Just how Fundamental are the EU Treaty Freedoms?A Normative Enquiry Based on John Rawls’ Political Philosophy

fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical

Alito Versus Roe v. Wade: Dobbs As A Means of Circumvention, Avoidance, Attenuation and Betrayal of the Constitution

rights school of political philosophy, more eloquently and concisely expressed by [Thomas] Jefferson in the Declaration of Independence.”). 10 [Vol. 31:1 anywhere in the text of the Constitution. Yet, if

Deeply Rooted or Deeply Flawed? A Constitutional Criticism of Dobbs and Roe's Potential Resurrection

* Julian Whitley is an attorney licensed in Texas and a graduate of Texas Tech University School of Law. He received his B.A. in Political Science and History from Texas A&M University in 2014 and worked in ... full context of abortion in the legal application of its judicial philosophy.38 Finally, the Article concludes by discussing a slight revision to Glucksberg—the framework relied upon by the Court in

Fifty Years of Clinical Legal Education at American University Washington College of Law: The Evolution of A movement in Theory, Practice, and People

that every student got a broader exposure than the serendipity that their particular cases would provide. There was also a political purpose for including what some called “the academic component.” That ... question remained whether the programs would survive once the funding ended. One of Pincus’s greatest legacies was to turn us into an organized political force that was able to take over from him and to push

Online Political Microtargeting: Promises and Threats for Democracy

Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political

Using State Law Before the Glaciers Thaw: Climate Torts After BP v. Baltimore

complaint rule that makes the plaintiff the master of the complaint, and erroneously found nonjusticiable political questions.14 Part IV recommends that cities, states, and individuals should commence more ... ultimately dismissed every first-wave case on the pleadings, citing the political question doctrine, standing doctrine, or CAA displacement.27 The most influential first-wave suit effectively ended it

Examining the Model Rules of Professional Conduct to Include Women's Moral Experience and Feminist Ethics

TESSMAN, FEMINIST ETHICS AND SOCIAL AND POLITICAL PHILOSOPHY: THEORIZING THE NON-IDEAL 191 (2009), http:// cachescan.bcub.ro/2008_05_28/E-book/583783.pdf (noting scholars' understanding that "categories of ... comprised the majority of state and federal lawmakers, resulting in past legislation being completely uninformed of the complex and intersectional social, political, and economic needs of women. Feminist

The (Political) Pursuit of Victim Voice:(Comparative) Observations on the Dutch Draft on the Adviesrecht

? needs used within the political debate may be featured as a homogeneous concept, the legal traditions that need to host victim-oriented arrangements differ. Indeed, the apparent political consensus with ... Victim Support was, however, felt to be beneficial.41 Nevertheless, the expansion of the oral VIS remained a contentious issue within the Dutch debate. In the wake of the political debate with regard to

The First "First Gentleman": the Role of President Jane Doe's Husband a Sequel

factors as geography, political philosophy, and religion. As more women become active in politics and public life, gender may become an important factor in balancing the ticket, and political parties will ... . Here again, the goal would be to balance the ticket, with speical consideration given to geography and political philosophy. Among those who might fall into this category are Chris Gregorian of

Unlocking the Beauty From Within Title VII: Arguing for An Expansive Interpretation of Title VII to Protect Against Attractiveness Discrimination

curmudgeon after multiple similar admonishments . . . . And a business community united in frustration at a bloated civil rights regime could become a powerful political force for reform or even repeal ... . . . . The growing number of social groups making claims to civil rights protection threatens the political and practical viability of civil rights for those who need them most.252 RESPONSE: Just because the

The Virtuality of Territorial Borders

If architecture is politics, then the rise of data-driven computing systems will transform the course, if not the conditions of possibility for the political. Provoked by the work of artists Ruti ... Toronto Law Journal, no. 2, pp. 196-224. R. Sela & M. Amir (eds.), Extraterritorialities in Occupied Worlds (2016). The distinction between 'politics' and 'the political' stems from C. Lefort, The Political

Hair Me Out: Why Discrimination Against Black Hair is Race Discrimination Under Title VII

* * Alexis Boyd was born and raised in Memphis, Tennessee. She later moved to Massachusetts to attend Wellesley College, where she graduated with a bachelor's degree in political science and a minor in ... During the height of the Civil Rights Movement in the 1960s, many Black people decided to embrace their natural hair as a political statement.30 Today’s natural hair movement, which began in the early

Symposium: Reconstructing the Author-Self: Some Feminist Lessons for Copyright Law

, that is less in terms of the positive social and political philosophy it offers than in light of the powerful critique of liberalism it has developed.”). 223. See SANDEL, supra note 221, at 150. 224. Id ... particular, thanks go to Victoria Phillips, Christine Haight Farley, Peter Jaszi, and Dan Burk. 207 208 JOURNAL OF GENDER, SOCIAL POLICY & THE LAW I. CONSTRUCTING AUTHORSHIP: THE UNDERLYING PHILOSOPHY OF THE

The ‘Social Market Economy’ in a (Heterogeneous) Social Europe: Does it Make a Difference?

financial and migration crises, serves only to highlight the gap between rhetoric and reality. We identify two main reasons for this, namely a lack of legal competence and a lack of political will. We then ... greater calls for the EU to respond to these challenges, at the very time when there is a lack of significant political will to act. These problems are exacerbated by the fact that some perceive the EU to

Between the Dog and the Divine: Resistance and conventionalism in cosmopolitanism

a plan for overcoming them; but in Diogenes a political programme that cannot attain its own ends, and in Zeno a political solution that comes unmoored from its foundations. Today, the International ... defines the cosmopolitanism position as follows: ?The nebulous core shared by all cosmopolitan views is the idea that all human beings, regardless of their political affiliation, are (or can and should be

Problem-Solving Criminal Justice: Developments in England and Wales

essential. The barriers and obstacles preventing a more extensive application of problem-solving criminal justice is also discussed, drawing on points connected to sentencing parameters, ‘political will’ and ... considerations of legal principle and sentencing parameters, issues of politics and ?political will? and on aspects of legal culture. It is argued there are legal cultural impediments to advancing this approach

Trust Law in the Process of Reunifying East and West GermanyHow a legal concept foreign to German law was the solution to merge a socialist and a capitalist economy between 1989 and the present

In the run-up to the Re-Unification of the East and West Germany in the 1990's the governments faced a problem, how do we integrate two political systems without causing a collapse of the economy and ... the communist political system and his teachings shaped the concept of ownership throughout the USSR. Furthermore, as the study of the pre-1990s East German law will show, it was strongly influenced by