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Political Trust

SIGNIFICANCE OF POLITICAL TRUST FOR POLITICAL AND LEGAL PHILOSOPHY .................................................................................................. 1298 INTRODUCTION Political trust—trust in ... Associate Professor of Philosophy at Bowling Green State University. 1. Jacques Thomassen, Rudy Andeweg & Carolien van Ham, Political Trust and the Decline of Legitimacy Debate: A Theoretical and Empirical

Political Partisanship and Sincere Religious Conviction

Supreme Court’s ruling in Burwell v. Hobby Lobby have suggested that the plaintiffs in that case and in related cases were motivated more by political ideology than by sincere religious conviction. The ... Law Digital Commons. It has been accepted for inclusion in BYU Law Review by an authorized editor of BYU Law Digital Commons. For more information , please contact - Political Partisanship and Sincere

Federick Douglass and the Original Originalists

to the Slave is the Fourth of July?”, Douglass declared: “interpreted as it ought to be interpreted, the Constitution is a glorious liberty document.” Because Douglass was primarily a political and ... political philosophy, as well as the demands of justice and prudence. Finally, it demonstrates how natural rights originalism can be used to address constitutional evils by analyzing Douglass’s remarks

Liberalism, Catholic Integralism, and the Question of Religious Freedom

first sketch the respective views of liberalism and Catholic integralism on each other, with an emphasis on integralism. For integralism, liberalism is not merely a political phenomenon, but a ... political philosophy of limited government, one which affirms a constellation of values that includes individual rights, liberty of conscience, toleration, a delineation of the public and private spheres

Regulating Strategic Sovereign Wealth

surpluses – to invest widely in foreign markets. Sovereign wealth funds were products of the international economic order then in existence, adapted to a political and economic environment in which borders ... desperate age. Rather than focusing on outward investment, these sovereign funds turn inward, focusing instead on domestic concerns and prioritizing domestic political legitimacy. While these strategic funds

Abolishing the Evidence-Based Paradigm

data collection and empirical analysis to shape and assess reforms, has been widely embraced for its potential to cure the emotional and political pathologies that led to mass incarceration. It has ... target, and whose voices and interests matter. In other words, the evidence-based paradigm is political, and it does have an agenda. And that agenda, informed by neoliberalism and the enduring legacy of

Transforming Natural Religion: An Essay on Religious Liberty and the Constitution

, rather than having doctrines imposed on them by religious or political authorities. And it held that people with diverse beliefs were capable of living together in an open, self-governing society based on ... ......................................................................................................1473 2. Social, Political, Legal, and Constitutional ...............................................1475 3. Aesthetic and Intellectual

Ukraine, Urban Warfare, and Obstacles to Humanitarian Access: A Predicament of Public International Law

importance of accountability and evaluation”; and in the 1990s, the Yugoslavia war pointed out the weakness of humanitarian organizations absent “strong political decisions.”33 In the modern age, the ... humanitarian environment is becoming increasingly complicated for aid workers due to political controversy and the sheer number of humanitarian assistance organizations.34 Conflict-related humanitarian

A Juror’s Religious Freedom Bill of Rights

The prosecution of Democrat Congresswoman Corrine Brown for campaign corruption was perhaps the most significant and dramatic political trial ever to hit Northeast Florida—and that was before the ... corruption was perhaps the most significant political trial to ever hit Northeast Florida.1 Not only was Brown a Democrat being prosecuted in a heavily Republican district, but she was also a powerful, popular

Christian Dignity and the Overlapping Consensus

Christian dignity promoted by religious conservatives implausible as the ground of universal human rights. The theological and natural law underpinnings and the political implications of Christian dignity ... ,73 though even his critics concede he is the starting point for contemporary political philosophy.74 But one need not accept Rawls’s normative claims to recognize the descriptive insight illuminated by

The Federalist and the Fourteenth Amendment — Publius in Antebellum Public Debate 1788–1860

: ON LOCKEAN POLITICAL PHILOSOPHY (2002) (discussing the influence of Locke on the American Founding); EDMUND S. MORGAN, INVENTING THE PEOPLE: THE RISE OF POPULAR SOVEREIGNTY IN ENGLAND AND AMERICA (1988 ... Jeremy Baily , Jud Campbell, Benjamin Kleinerman, Phillip Muñoz , and Kevin Walsh for their comments and suggestions. Thanks also to the participants at the 2021 American Political Science Association

War and IP

, pundits and political scientists further debate the imminence and inevitability of a war between these two countries.14 Quite revealing were the tensions posed by the shootdown of a Chinese balloon in U.S ... property literature26—and only occasional coverage since the 1950s—the international intellectual property system is very familiar with the disruption caused by armed conflicts or other political

Engineering the Modern Administrative State: Political Accommodation and Legal Strategy in the New Deal Era

controversies over the emerging administrative state. We see the political and legal accommodation as a product of a (mostly) coherent interbranch dialogue, iterative and fueled by strategy. Having surmounted

It’s Whose Party? Accurately Defining Political Parties in First Amendment Cases

political parties—but accurately measuring the severity of that burden requires first accurately defining the political party itself. For without accurately defining the bearer of a burden, a court cannot

The Unconstitutional Assertion of Inherent Powers in Multidistrict Litigations

value of that framework by applying it to MDLs. I. A CONSTITUTIONAL ANALYSIS OF FEDERAL COURTS’ INHERENT POWERS The Constitution’s language, structure, history, and political philosophy yield three ... judgments from political branch interference. Moreover, any true “court” must be able to maintain its authority and integrity, punish litigation misconduct, and administer its internal affairs. Congress can

“Any”

not apply to “[a]ny claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war”); NEB. REV. STAT. § 13-910(7) (2019) (Nebraska Political ... interpretation of “any” have had relatively modest stakes when compared with the high-profile cases that have defined and deeply divided the Court in political and ideological terms.65 Perhaps relatedly, the

Praying for America: The Anti-Theocracy and Equal Status Principles of the Free Exercise, Equal Protection and Establishment Clauses

legitimate law making, I also argue they also limit state expression. Throughout the piece I draw from the ideal of “public reason” found in the political theory of John Locke and John Rawls. In addition to ... paper at the excellent conference Religion and Liberal Political Philosophy at University College London and received excellent comments there as well. constitutional cases across the Free Exercise, Equal

Full Issue

partner are located. B. The Lingering Issues This legislation is unlikely to succeed in Congress for a variety of reasons, some purely political.90 But even if it were pushed 84. See id. § 2(a). 85. Id. § 2

Publius’s Protectors of Liberty: A Still Important Role for States

, some today may believe that states are functionally subsidiaries of the federal government, even if politically separate. Others may elevate states’ right to political autonomy (the state qua state) over ... leave our rights with little structural protection down the road, leaving the rights of political minorities to a majority’s mercy. Of course, this is not to say that we cannot disagree with Publius. We

Valuing ESG

. As a result, the transition away from fossil fuels could be profoundly damaging to worker interests unless it is carefully managed by political, labor, and business leaders. See Timothy Cama, Auto ... theory of corporate and securities law. It is based on a desire to address critical problems, many of which are not being adequately addressed by the political system. The movement appears to be reaching a