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inevitably be exercised by and for a part, rather than the whole."). Cf. T.M. SCANLON, THE DIFFICULTY OF TOLERANCE: ESSAYS IN POLITICAL PHILOSOPHY 15 (2003) (arguing for a free speech principle that is "a ... similar conception of responsibility in the capabilities framework, see Robeyns, supra note 40, at 20 (drawing on "the importance given to personal responsibility in contemporary political philosophy" and
office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
POLITICAL ACCOUNTABILITY Edward H. Stiglitz † An important trend in administrative and constitutional law is to attempt to concentrate ever-greater control over the administrative state in the hands of the
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
emeritus a few years ago. Born in 1856 he is still living at the time this issue goes to press. Professor Sabine's paper follows. G. H. RoBINsoN* From the very beginning of political philosophy, men have
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
provisions are insulated from changing political tides and encourage governments to honor their commitments even when doing so lacks popular support. These constitutional provisions thus hold substantial ... political objectives of the host nation. We further find that the adoption of asylum provisions can be motivated by self-interest. Even when framed as a universal right, asylum might be a useful tool to
CONSTITUTIONAL COMMON LAW: ESTABLISHING GROUND RULES IN POLITICAL-BRANCH INFORMATION DISPUTES Riley T. Keenan† † B.A., University of Virginia, 2012; J.D., Cornell Law School, 2016; Articles Editor, Cornell Law
. Why is it that Congress seems to only pass securities and financial reform legislation after a crash or similar crisis? The most plausible answer involves a basic and foundational theory of political
training and therapy in order to eliminate their individual deficiencies.18 Finally, the "socio-political model" situates the "problem" of disability externally, in stereotypical attitudes and an environment
developments suggest that American penal philosophy may be inching toward norms—dignity, proportionality, legitimacy, and rehabilitation—that have checked draconian prison terms in Europe, Canada, and beyond. In ... divergence or convergence in penal philosophy. Notwithstanding the ebb and flow of penal attitudes, certain long-term trends have emerged in Western societies. They encompass a narrowing scope of offenders
enhancement technologies, and all things in between. And that, in turn, means that typological quandaries once confined to philosophy seminars can no longer be dismissed as academic. Want, for example, to crack ... proliferation of these technologies has also given rise to previously unimaginable social, economic, and political impacts. This Part maps the origins and growth of robots, the blurring of lines between machine
facilitating market discipline through RFS and risk-based capital requirements. Although most officials today repudiate “market discipline” and the philosophy underlying the pre-crisis legal framework, the ... to a certain political philosophy concerning the proper relationship between private business and the state. Under this view, call it rule absolutism, regulators should be permitted to write rules to
Amendment rights or the statutory rights of dissenting employees when they spend money from, the organization's general treasury to advance a political message without giving the em1 130 S. Ct. 876, 886, 911 ... liability company engaged in mining, processing, and distributing). ployees the chance to opt out of having their dues or fees support political activity. 4 In June 2012, in Knox v. Service Employees
later bureaucratic policing institutions through taxes and political influence.25 In the North, those “mercantile interests” were “commercial elites” who wanted to transfer the costs of protecting their ... equal human, economic, and political rights.39 Meanwhile, police in general, including in the North, steadily grew into pervasive control mechanisms over an “underclass” comprised “primarily of the poor
PHILOSOPHY, https://plato.stanford.edu/archives/win2016/entries/consequentialism-rule [https://perma.cc/ 9JT2-FG52] (observing that consequentialists almost never defend a purely “actconsequentialist decision ... these activities.”); Gideon Yaffe, The Voluntary Act Requirement in THE ROUTLEDGE COMPANION TO THE PHILOSOPHY OF LAW 174, 176 (Andrei Marmor ed., 2012) (“If a defendant is . . . shown to have engaged in a
