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was a split largely across political lines; “permissive” jurisdictions promoted ideas of individual freedom and condemnation of government-imposed punishment, while “restrictive” jurisdictions ... these ideas have presumed this as a purely political divide. However, if we accept the assertions of either approach at face value, bracketing political concerns, is the difference in approaches found in
from pre-trial release marked a shift in the philosophy of bail.19 Before the introduction of monetary bail as a punishment tactic, the primary purpose of bail was to ensure a defendant’s reappearance ... district attorneys are elected, so keeping a defendant imprisoned for as long as possible is sensible to their political motivations.41 Politics, of course, rarely follows empirical data unless it is
to quasi-judicial immunity for prosecutors to allow for civil liability and possible criminal liability to protect the integrity of the legal profession based on the political ideals of the Rule of Law ... meaningful regulation encompasses federal and state courts. The courts are left open to political favoritism, personal self-interests, and Jackson v. City of Cleveland, 925 F.3d 793, 823 (6th Cir. 2019). Id
disciplines, such as philosophy and political science, that discuss law-related matters. if an observer from another legal system were left with the impression that over the last decade legal education has ... professional activity. The lawyer's comprehension of such things as the nature of federalism,22 the defeasibility of legal concepts, 23 the jurisprudential or political philosophy of a particular court, 4 the
: Legal, Political, and Cultural Implications Sometimes Watergate seems doomed to be trivialized or, at best, only memorialized on "significant" anniversaries. Richard Nixon has sought desperately to ... , served as a prescription to alter the political and legal landscape (not always successfully, of course) in the United States, and it became a standard for analyzing political behavior. It did not halt or
-BDS LAWS RETAINING UNIFORMITY UNDER THE AMERICAN JURISPRUDENCE CONCLUSION 225 INTRODUCTION As of 2021, thirty-five states (hereinafter “the States”) have enacted legislation to restrict political ... courts began striking them down as unconstitutional, citing the constitutional right to political boycotts.7 However, there is a lack of uniformity in the constitutional analyses and decisions of federal
of Jewish individuals can be conducted in several ways, including but not limited to, discriminatory limitations on religious observance, on political participation, education, and residence.55 ... -be supporters by making them believe that a political boycott of Israel is illegal.75 Politicians and elected officials have spoken negatively about the boycotts of Israel.76 Proponents of the BDS
, political, and religious affairs. Instead, it sought a teleological understanding of the Constitution by interpreting general textualized principles, like liberty. In doing so, the Court constitutionalized
“supreme international crime,” was first prosecuted after World War II.19 Prominent German and Japanese political and military leaders were arrested, tried, and punished for illegally planning and executing ... time, humanity had outlawed – no, criminalized – war.23 Despite that early promise, hopes born from the ashes of a hot war soon gave way to the realpolitik of a cold war.24 Political dysfunction at the
NLRB and the SEC,196 poor political compromise left it with a toothless mechanism for achieving Congress’s lofty vision of eradicating employment discrimination.197 As a result, the EEOC has been ... institutions — within one year after the #MeToo hashtag went viral on Twitter.204 A few years later, there is a strong wave of political momentum — as evidenced by the 2022 FAA amendment — for Congress to give
This edition is comprised of Lincoln Memorial University Duncan School of Law’s symposium “Navigating the Political Divide: Lesson from Lincoln,” held April 20, 2012 in Knoxville, TN. Authors and ... to the presidency two years later. Are we, therefore, simply left with the possibility that a modern candidate stretched a historical reference well beyond its original meaning for political ends
political affiliation, were also analyzed for potential causal relationships. The surprising results of this novel study will help inform abolitionist advocates as to the best practices for promoting their ... viewed based on the race and political affiliation of participants (discussed below). B. GENDER Gender is “one of the strongest and most persistent predictors” of death penalty support.17 The results of
This edition is comprised of Lincoln Memorial University Duncan School of Law’s symposium “Navigating the Political Divide: Lesson from Lincoln,” held April 20, 2012 in Knoxville, TN. Authors and ... to the presidency two years later. Are we, therefore, simply left with the possibility that a modern candidate stretched a historical reference well beyond its original meaning for political ends
Martin Shapiro, a political scientist who is a member of the law faculty of the University of California at Berkeley, has done more than anyone to illumine the political nature of law. ... Supreme Court"is a minor classic, even though it is largely ignored by those who edit the coursebooks used in law-school constitutional law classes.2 His latest entry into the field of "political
young people are building movements that change norms and policies at national and global levels (Anyiwo et al., 2020) and can transcend structural barriers to political participation, such as the ... , in which youth learn about the root causes of systems of inequity; political efficacy, in which youth become empowered to create sociopolitical change; and sociopolitical action, where youth resist
bullet.30 Political pressures and manipulation attempts placed on Ukraine’s President, Volodymyr Zelensky, as he leads his country in the pending war with Russia, are well-documented.31 In 1865, President ... Judicial Review Political Trust, Social Trust, and Judicial Review, 36 CONST. COMMENTARY 297, 299-300, 303 (2021) (presenting a general overview of how courts should garner greater trust than other branches
members of a collegial Court, are political eunuchs. We all should know that the Court as an institution is a significant part of the political process, making public policy for the nation. That is not ... Professor Murphy's focus. Rather, he shows in massive and convincing detail how two highly respected and revered men, who sat on the High Bench in this century, engaged in covert political activity after
libertarianism, the non-aggression principle (NAP); therefore, any violent interference with cross-border travel, such as limits to immigration, is incompatible with this philosophy. Their opponents within this ... the limits of libertarian Hans-Hermann Hoppe, The Economics and Ethics of Private Property: Studies in Political Economy and Philosophy, (1993); HansHermann Hoppe, Of Private, Common, and Public
—the individual’s mind. This highlights the extraordinary psychological, political, and legal ramifications implicated by the IoB. This IoB-human mind nexus will serve as the focal point of this ... , Part IV situates it within two global trends—one political and one psychological. The political trend concerns the recent rise in authoritarianism and a corresponding decline in global democracy.4 The
figures and the political class exploit that glut of junk to defiantly deny the plain truth, defamation suits are one way to fight back. It is just that, as both the Depp and Chyna lawsuits depressingly
