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This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the
future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings
. Several candidates for the position had interesting academic backgrounds, including specialization in political science and political philosophy. Rather than pursue these options, the committee selected ... political and social context in which law operates rather than teach them how to manipulate rules with a faux-deductive method. This reconstruction would have to be both root and branch to be effective. “Law
?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s
Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This
important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of
the surface of law or legal practices; sometimes they are not resolved but instead linked to larger psychological, social, or philosophic difficulties and political or normative efforts. VII ... into the interactions across legal institutions or across law and society. VIII. Jurisprudence, philosophy of law, and connecting philosophy and law, e.g., Ronald D workin, Law’s Empire;62 Catharine
? Academic Freedom in Turkey and Beyond , 14 g Academic freedom is under fire in many countries around the globe, fueled by heightened levels of polarization and political conflict.1 Turkish President Recep ... the day have not changed since the 1990s: concerns over diversity, a fear that political correctness distorts inquiry and suppresses free speech, the decline of the humanities, and the financial
potential labyrinth of litigation. A SLAPP (Strategic Lawsuit Against Public Participation) is a lawsuit that typically has no merit, but is filed to prevent the defendant from participating in a political ... School of Law Digital Commons. For more information , please contact , USA - ELECTION SLAPPS: EFFECTIVE AT SUPPRESSING POLITICAL PARTICIPATION AND GIVING ANTISLAPP STATUTES THE SLIP I. II. III. IV
their motions.158 First considering the question of equal protection, the court determined the definition of Indian child was a racial, rather than political, classification.159 The court reasoned that ... families.194 To determine the constitutionality of these provisions, the courts first question was whether they are based on political or racial classifications.195 Political classifications need only to
Lisa Kelly for their insights How and why does a world in constant conflict come to appear as one of legal, political, and economic order? In World of Struggle, David Kennedy argues that people ... methodological interventions in studies of global governance, expertise, international law, and political economy. It is in many ways a culmination of Kennedy’s work over past decades as well as a primer in the
relationship was almost always ignored and belittled. In recent decades, with the rise of the federal policy favoring tribal selfdetermination, that narrative is changing to some extent as a political matter ... that the judiciary undermines federal Indian affairs policy at will, just as tribal nations have begun to successfully assert political power in Congress and governmental capabilities at home.34 This is
The dichotomy between the greater Portland area and Route One corridor, and Maine’s rural inland and Down East communities, is stark in many ways—economic, cultural, political, and spatial. These ... worst run as a business of any possible business. What our philosophy was, whatever you needed, we did the work, we never turned a client back because they couldn't pay. And if we got paid, it was just a
of the [thirteen] states (and Vermont as well) had enacted Constitutions to fill in the political gap caused by the overthrow of British authority . . . . Eight of the Revolutionary Constitutions were ... for Principled Decisionmaking, 62 BROOK. L. REV. 1, 7 (1996) (Legal scholars, political scientists and historians, all eager to participate in the discussion or to join the cause, or at least the fray
the federal government and, with his friend and colleague Edmund S. Muskie, a creative political reformer for the State of Maine. Throughout his career he demonstrated that the art of politics was a ... Recommended Citation Donald E. Nicoll, Frank Morey Cofi n's Political Years: Prelude to a Judgeship Frank Morey Cofin 's Political Years: Prelude to a Judgeship Donald E. Nicoll 0 1 0 Part of the
of political and popular support, it is no surprise that cases about public prayer and the Ten Commandments, property and religious freedom, continue to be filed, and that citizens dispute the ... politics. A focus on tolerance offers three important reminders about the appropriate role of religion in American democracy. First, because toleration is a political and legal principle, toleration is
have some philosophical commitments regarding jurisprudential issues that will inform my reflections. Ronald Dworkin, Hart’s Postscript and the Character of Political Philosophy, 24 OXFORD J. LEGAL STUD ... , neither Hershovitz nor Greenberg is terribly concerned to distinguish the legal from the nonlegal, because, they suppose, 14. Jeremy Waldron, Legal and Political Philosophy, in THE OXFORD HANDBOOK OF
, Hoffman declared, a lawyer could scarcely practice “without knowledge of the true principles of moral and political philosophy.”2 Hoffman aimed to make his students “practice-ready,” as we might put it ... at all. If students do learn about natural law, it is likely to be in an elective course not advertised as useful for practicing lawyers, such as a course in the philosophy of law or - DAVID HOFFMAN
See also Larry Alexander, The Gap Reviewed by Brian H. Bix 0 0 Brian H. Bix is the Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota , USA - (3) Interpretation of legal
Vermuele’s analysis merits careful consideration, perhaps especially by scholars who do not share his political perspective. Many of his arguments, especially those relating to earlier constitutional law ... originalism empowers judges to cast aside any and all deference to the political branches, undercutting their capacity to act on behalf of the common good. Empowered by their certitude about what the original