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The Philosophy of Certiorari: Jurisprudential Considerations in Supreme Court Case Selection

, a number of political scientists have mined the docket books of retired Justices in order to develop a better grasp of this critical function. Their analysis of the data has done much to clarify the ... . See SUP. CT. R. 10; see also infra Part II (discussing the political science literature on the influence of rule-based criteria and strategic concerns in certiorari voting). 13. In the 1990 Term, for

Fiduciary Blind Spot: The Failure of Institutional Investors to Prevent the Illegitimate Use of Working Americans’ Savings for Corporate Political Spending

Worker Investors’ entrusted capital for political purposes without constraint. The Big Four abdicate in the area of political spending because they know that they do not have Worker Investors’ capital for ... FOR CORPORATE POLITICAL SPENDING LEO E. STRINE, JR.* DISTINGUISHED JURIST LECTURE THE INSTITUTE FOR CORPORATE GOVERNANCE & FINANCE NEW YORK UNIVERSITY SCHOOL OF LAW NEW YORK, NEW YORK ABSTRACT For

First Amendment—Conditioning Public Employment on Political Affiliation Unrelated to Job Performance Held Unconstitutional

, the inducement to suppress one's political philosophy and choice of party affiliation operates equally forcefully on the person who seeks a job or promotion as it does on one who desires to retain one

Political Discrimination by Party Control over Primary Elections—Nixon v. Condon

redemption and forced resales. GEORGE W. SIMPKINS, '33. POLITICAL DISCRIMINATION BY PARTY CONTROL OVER PRIMARY ELECTIONS-Nixon v. Condon The Fifteenth Amendment provides: The right of citizens of the ... rights, certainly so far as political matters were concerned; it was realized that the former masters would not be satisfied to permit the newly emancipated slaves to have equal voice in the control of the

Influence of Philosophy on Law and Politics in Western Civilization

In Western civilization, philosophy has had an influence upon the norms of law and politics and upon attitudes toward legal and political questions and problems. The basic influence, as might be ... and political norms engendered by the type of concepts that Greek natural philosophy produced. He has pointed out that, because of these attributes in its norms, Western society expects, demands, and

First Amendment Traditionalism

Traditionalist constitutional interpretation takes political and cultural practices of long age and duration as constituting the presumptive meaning of the text. This Essay probes traditionalism’s ... constitutional have endowed those practices with political legitimacy. Courts owe the people’s enduring practices substantial deference as presumptively constitutional. The populist element in this justification

The FCC’s Abandonment of Sponsorship Identification Regulation & Anonymous Special Interest Group Political Advertising

Over the course of the last several American election seasons, both political news coverage and political advertising have become all but inescapable. Particularly as election time nears, voters are ... 9, 2011 The modern political landscape in the United States is one dominated by increasingly expensive political campaigns, funding from undisclosed donors, and barrages of political advertising. In

Commentary—The Impossibility of Finding Welfare Rights in the Constitution

The effect of Professor Michelman's style of argument, which has quite a number of devotees on the faculties of both Yale and Harvard, is to create rights by arguments from moral philosophy rather ... is unconnected with either the Constitution or its history. The welfarerights theory, therefore, offers inadequate guidelines and so requires political decisionmaking by the judiciary. If that is not

The function of law in political and social conditions of pluralism in the reception of Hannah Arendt

. In o th er words, th e political space, u n lik e in th e philosophy, th e m in d only is not enough for som ething to be considered for th e tru th . We need also some social conditions, am ong w hich ... re tu rn in g in th e A re n d t’s d e lib era­ tions. It is philosophy political p ractice of a n c ie n t Greece. T he a u th o r trie s to find th e re a still u n co n ta m in a te d source of

Reimagining the “Team Four Plan” with an Eye Toward Community Collaboration and Private Capital

regions across the city. By way of initial private investment, local municipalities will be able to target neighborhoods most vulnerable to impending blight and rampant vacancy without fear of political ... , supra note 6, at 160. For many members of the African American community, the plan was viewed as a mechanism by which the city might “remove blacks, particularly poor blacks.” Philip Sutin, Political

Delegating National Security

legitimacy of delegation in the President’s political accountability and oversight—cannot justify a national security exception. The military-administrative complex is so entrenched and insulated that even the ... explores how agencies behave within this uniquely permissive legal regime. When legal constraints are weak, it is especially important to understand how agencies are influenced by the “thick political

The Political Fourth Amendment

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment focused on protecting ... POLITICAL WRITINGS 78–80 (Victor Gourevitch trans. & ed., Cambridge Univ. Press 1997) (1762) and 2 CHARLES TAYLOR, What’s Wrong with Negative Liberty, in PHILOSOPHY AND THE HUMAN SCIENCES: PHILOSOPHICAL

The Political Fourth Amendment

The Political Fourth Amendment builds on Justice Ginsburg's recent dissent in Herring v. United States to argue for a “more majestic conception” of the Fourth Amendment focused on protecting ... protecting political liberty. To put the point dramatically, we misread the Fourth Amendment when we read it exclusively as a criminal procedure provision focused entirely on either regulating police or

Privacy’s Past: The Ancient Concept and Its Implications for the Current Law of Privacy

the private realms that was inherent in the design and political structure of the polis. Relying on Hannah Arendt’s works, this Article draws some critical implications from the ancient idea and its ... Washington University Open Scholarship. For more information , please contact , USA Part of the Law and Philosophy Commons; Legal History Commons; and the Privacy Law Commons - KEIGO KOMAMURA* Privacy is a

Freedom of the Press in Post-Truthism America

consumers are in fact often driven by emotion, political identity, and the need for cognitive shortcuts, and that they may not possess the truthseeking, rational processing, or information-updating ... the media, made all the more pressing as the changing media landscape and the modern political climate exacerbate some components of the PostTruthism critique. The concern for some is that if press

The View from my Window

Amendment claims from powerful institutional speakers while backing the government against more socially and politically marginal speakers. Corporate political spenders and commercial data miners exemplify ... the past two years has plunged into a state of political chaos and uncertainty that, for many of us, has brought an overwhelming sense of rapid, highly unappealing displacement. Is this really the right

The Positive Political Dimensions of Regulatory Reform

brought to bear on processes of politics and political decisionmaking in order to produce superior outcomes and to improve the operations of political process? The second question is how the law should deal ... ://openscholarship.wustl.edu/law_lawreview/vol72/iss1/2 - Law Quarterly VOLUME 72 NUMBER 1 ARTICLES THE POSITIVE POLITICAL DIMENSIONS REGULATORY REFORM* OF DANIEL B. RODRIGUEZ** CONTENTS ** Acting Professor of Law

The Meaning of Equality

There are many different kinds of equality, and some of the most pressing moral and political problems concern the priorities among them. ... more a part of general political debate in this country than they are. * Professor of Philosophy , Princeton University. B.A., 1958 , Cornell University; B. Phil ., 1960 , Oxford University; Ph.D., 1963

The Data of Jurisprudence

complex object is the work of many, including those engaged in philosophy (moral and political philosophy as well as epistemology, metaphysics, and logic), theology, history, economics, social inquiry, and ... OF H.L.A. HART: LEGAL, POLITICAL, AND MORAL PHILOSOPHY 45, 49 (Matthew H. Kramer et al. eds., Oxford Univ. Press 2008). https://openscholarship.wustl.edu/law_lawreview/vol95/iss5/8 2018] THE DATA OF