Loading...
NEOLIBERAL POLITICAL LAW ZEPHYR TEACHOUT 0 1 0 Copyright © 2014 by Zephyr Teachout. This article is also available at 1 Associate Professor of Law, Fordham University School of Law In the last ... expenditure rules. Another, related possibility is that the members of the Kennedy-Roberts alliance are driven by racial, ethnic, or class concerns. The “us” and “them” within the Court are not political teams
) Available at: https://via.library.depaul.edu/jslcp/vol1/iss2/6 Follow this and additional works at; https; //via; library; depaul; edu/jslcp - SPORTS: A BIG-TIME PLAYER IN THE POLITICAL ARENA Michael Zink ... election victory may become disappointed and disillusioned, and they may withdraw from the political world. However, those who prove their ability to win an election have a greater likelihood of receiving
FROM COMPARISON TO COLLABORATION: EXPERIMENTS WITH A NEW SCHOLARLY AND POLITICAL FORM ANNELISE RILES 0 1 0 Copyright © 2015 by Annelise Riles. This article is also available at 1 Jack G. Clarke ... out the promise of replacing old forms of political and social conflict with “win-win scenarios.”7 The image of these projects is one of fulfilled, empowered people, in charge of their own destinies
THE LAW AND POLITICAL ECONOMY OF CONTEMPORARY FOOD: SOME REFLECTIONS ON THE LOCAL AND THE SMALL AMY J. COHEN 0 1 0 Copyright © 2015 by Amy J. Cohen. This article is also available at 1 Professor of ... , each mode of legal thought is not a political ideology but rather a “consciousness” or “language.”3 That is, modes of legal thought are temporally bounded epistemic perspectives that—in different ways in
INTERNATIONAL COURTS IN ATYPICAL POLITICAL ENVIRONMENTS: THE INTERPLAY OF PROSECUTORIAL STRATEGY, EVIDENCE, AND COURT AUTHORITY IN INTERNATIONAL CRIMINAL LAW RON LEVI 0 1 JOHN HAGAN 0 1 SARA DEZALAY ... courts’ de facto authority that resulted in sovereign legal accountability for such crimes was developed in national settings for many years during the Cold War before gaining significant political support
transcend the partisanship surrounding the Act and apply existing constitutional doctrines to uphold the individual mandate. Until POLITICAL IDEOLOGY AND CONSTITUTIONAL DECISIONMAKING: THE COMING EXAMPLE OF ... is very much in doubt because of the way in which the constitutional issue has come to be defined by political ideology. The Affordable Care Act passed the Senate on December 24, 2009, by a
construction and regulation of self-defense was the rule, not the exception. No. 2 2017] This article supports this historical investigation with new scholarship on political philosophy and theories of ... them. Although the issue is contestable, this article assumes that the Constitution does not enact the political philosophy of Thomas Paine or John Locke any more than it “enact[s] Mr. Herbert Spencer’s
The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This ... scattered sections of 26 and 42 U.S.C.). 2. Erwin Chemerinsky , Political Ideology and Constitutional Decision-Making: The Coming Example of the Affordable Care Act , 75 L Dean Erwin Chemerinsky says the
when engaging in self-defense. Many contemporary defenders of a robust Second Amendment are themselves devotees of libertarian natural rights. One need not necessarily reject that political philosophy ... founds much of his constitutional and political philosophy on a debatable reading of the Declaration of Independence and a more plausible reading of the opinions of Chief Justice Jay and Justice James
shaped by a background of political history and theory quite different from the eighteenth century history and philosophy that informed the work of framing in 1787. The Fourteenth Amendment does not ... underlying political philosophy thus expressed to conclude that this insistence must be the result of simple hypocrisy and bad faith. But political life is rarely that simple. We confront new problems with the
multilateral trade regime today, given that it is underpinned neither by embedded liberalism—the political philosophy that enlightened post-war No. 2 2016] political elites used in creating the GATT—nor by ... found by investigating political philosophy. At least since Rousseau, the essence of democratic self-determination has been the notion that only laws of a nation’s own making can legitimately coerce
read for de-criminalizing illicit drug use is Douglas Husak's careful melding of empirical data with political philosophy on the subject. See DOUGLAS HUSAK, LEGALIZE THIS!: THE CASE FOR DECRIMINALIZING ... LAW AND CONTEMPORARY PROBLEMS Copyright © 2003 by Andrew E. Taslitz This article is available at http://www.law.duke.edu/journals/66LCPForewordTaslitz. THE POLITICAL GEOGRAPHY OF RACE DATA IN
not they have explicitly or implicitly consented to them. Consent is only relevant in the sense that liberal political philosophy refers to the idea of “reasonable consent,” which remains an operative ... , e.g., ARTHUR RIPSTEIN, FORCE AND FREEDOM: KANT’S LEGAL AND POLITICAL PHILOSOPHY 267–300 (2009). No. 2 2016] SOVEREIGNTY AND THE RIGHT TO BE LEFT ALONE 255 D. Beyond Harm? Tortious Complicity, Consent
international) in the design of: new institutions; political and regulatory normmaking; and adjudication. Bringing together scholars from law, political science, and political philosophy, we seek to map the ... Institutions Today: An Imperial Global State in the Making , 15 EUR. J. INT'L L . 1 ( 2004 ). 8. For an emphasis on consent in the political philosophy debate, see Tom Christiano, The Legitimacy of International
will have to look elsewhere. Most notably, they will have to look toward political philosophy: the nature of the social covenant, the meaning of social responsibility, and the source of legitimacy of ... of the existence and nature of the social covenant is crucial, even if it pertains to the domain of political philosophy rather than to that of law and economics. By contrast, the proponents of the
thinks the relationship between church and world is analogous to the relationship between theology and liberal democratic politics and philosophy: Church : World :: Theology : Liberal Democratic Political ... that between the world and liberal democratic politics and philosophy: Church : Theology :: World : Liberal Democratic Political Philosophy Presuming that Hauerwas accepts the account of the
progress. This core of basic normative claims is enhanced by those strains of our political traditions and political philosophy that emphasize that all political power should be accompanied by public ... , public reasons furnish a common court of appeal: standards that are accessible to all reasonable members of the political community. It is best to try and work out our public morality (or public philosophy
See DANIEL LITTLE, VARIETIES OF SOCIAL EXPLANATION RACIAL AUDITORS AND THE FOURTH AMENDMENT: DATA WITH THE POWER TO INSPIRE POLITICAL ACTION ANDREW E. TASLITZ I - This article also available at ... effective strategy both for monitoring and deterring police misconduct and for serving other political functions of the Fourth Amendment that are consistently ignored by commentators.17 Political functions
must develop the traditional philosophy of French national understanding as defined by Jules Michelet, Maurice Barrès, and Ernst Renan, three thinkers credited with developing the specifically French ... Michelet is a key figure for this philosophy, and he argues that French history begins with the formalization of the French language. As he notes in his History of France, “The history of France begins with
