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One Nation, Under Fraud: A Remonstrance

This Remonstrance presents a counter-cultural narrative and analysis of Maine’s legal, political, economic, and social interactions with the Wabanaki people. Although contemporary indicia of abuses ... historico-legal perspective. Presenting its analysis through an historic, legal, political, economic, and social nexus, this Remonstrance traces the ontogeny of control exerted by the State of Maine over the

The Political Process of Preemption

/iss2/2 THE POLITICAL PROCESS OF PREEMPTION Paul A. Diller * INTRODUCTION Preemption, particularly of the state-city variety, has become a hot topic. State legislatures in many states over the last

Enhancing Rural Representation Through Electoral System Diversity

disparities are complex and myriad, and may be based on race, class, or a combination of both. The lack of political representation of those who most acutely experience the disparities may help explain the ... political minorities who may not have supported the representative. It may spawn representatives who have little incentive to represent the interests of all or even most of their constituents because a

Enhancing Rural Representation Through Electoral System Diversity

disparities are complex and myriad, and may be based on race, class, or a combination of both. The lack of political representation of those who most acutely experience the disparities may help explain the ... political minorities who may not have supported the representative. It may spawn representatives who have little incentive to represent the interests of all or even most of their constituents because a

The Growing List of Reasons to Amend The Maine Indian Jurisdictional Agreement

future federal laws benefiting tribes and native peoples. And, it did so without the consent of the tribes located within Maine. In addition to recognizing how economic and political realities influenced ... 1970s negotiations, as well as useful understandings into the larger political, social, legal, and economic context of the time.20 This Article seeks to build upon these reports, studies, books, hearings

Confirm Rachel Bloomekatz to the Sixth Circuit

justice.”12 He found that she had masterfully represented ample clients “across the ideological and political spectrum [lauding] the breadth of her practice.”13 The Senator also quoted from a letter that ... ation-hearing.html [https://perma.cc/6BKU-DKQ4]; Wagner, supra note 18. 2023] CONFIRM RACHEL BLOOMEKATZ 13 precisely how the nominee intended to separate her political views on the Second Amendment

Those Who Need the Most, Get the Least: The Challenge of, and Opportunity for Helping Rural Virginia

declining in population. On a regular basis, political leaders on both sides of the aisle, and on national and state levels, make commitments to rural areas to help improve the quality of life for residents

Copyright Takes to the Streets: Protecting Graffiti Under the Visual Artists Rights Act

Artists who choose the streets as their canvas—whether to beautify neighborhoods, spark political protest, or merely mark their territory—are faced with uncertainties when it comes to questions of ... never been made public.216 Banksy’s art often encompasses political and social commentary and has been used to speak to what is happening in society.217 People pay attention to Banksy because he is one of

The Veil (Or Helmet) Of Ignorance: A Rawlsian Thought Experiment About a Military’s Criminal Law

This Article loosely adapts political philosopher John Rawls’s famous social contract thought experiment to interrogate a corner of law that receives too little theoretical attention: the separate ... Justice.37 Because this Article focuses on the justifications, and underlying theory, for a military justice system, it addresses perhaps a small part of Rawls’s four “tasks of political philosophy”: to 958

Disinformation and the Defamation Renaissance: A Misleading Promise of “Truth”

-DISINFORMATION The political targeting of defamation law since the 2016 Trump candidacy, social and technological developments, shifts in judicial philosophy on the Court, and the rise of a sophisticated ... use libel lawsuits as a social and political fix. Many of these suits reflect a powerful new rhetoric—reframing the goal of defamation law as fighting disinformation. Appeals to the need to combat

Rural Bashing

Anti-rural sentiment is expressed in the United States in three major threads. The first is a narrative about the political structure of our representative democracy—an assertion that rural people ... Address Political Minority Rule, NPR (Sept. 25, 2022, 5:15 PM), https://www.npr.org/2022/09/25/ 1125024826/what-it-takes-for-a-representative-democracy-to-address-political-minorityrule [https://perma.cc

Gun Control: Political Fears Trump Crime Control

?” Is there a hidden political dynamic? But “hidden” means hard to find. So maybe we should look for the answer in a related jurisdiction that keeps more extensive records of its government’s

Reforming Age Cutoffs

exist as well. One option, often advanced by those further to the political left, would completely eliminate age-based eligibility cutoffs in favor of universal programs such as Medicare for All. Another ... programmatic aims: benefiting people, addressing disadvantage, horizontal equity, and rewarding social contribution. I then also consider budgetary limitations, simplicity, and political feasibility as

National Security Rules: America's Constitution of Law and War

Contemporary debates over the appropriate allocation of war powers between the political branches overemphasize the rigidity of the Constitution’s framework. This style of academic discussion ... presidential supremacy, we should instead look to text, history, and structure for guidance on how the political branches can legitimately and affirmatively negotiate their emergent responsibilities. This

The Historical Case for Constitutional "Concepts

The concepts/conceptions dichotomy is prominent in both the philosophy of language and the field of constitutional interpretation. It is most prominently illustrated through the provisions in the ... Construction, 82 FORDHAM L. REV. 453, 471 (2013). 301. See Bernick, supra note 154, at 562–63. Bernick explains: The American Constitution is not a treatise in political philosophy but a plan for constituting

Resolving Regulatory Threats to Tenure

appear alongside others borne from the country’s widening political divide. In the eyes of many conservative politicians and commentators, tenure is seen as little more than a self-governing loophole that ... empowers faculty to engage in political discrimination or otherwise perpetuate a campus ideological balance that tilts decidedly to the left.8 These critics believe tenure is an obstacle preventing public

Digital Court Records Access: Social Justice and Judicial Balancing

important in our democracy, and it is critical that we take measures to preserve both. The purpose of writing this essay is to show that Judge Coffin’s judicial philosophy and rights-sensitive balancing ... philosophy and using his rights-sensitive balancing process as a guide in managing the transition to electronic records. It offers a glimpse into how Judge Coffin, if asked, might go about the task of

A Federal Role in Education: Encouragement as a Guiding Philosophy for the Advancement of Learning in America

the DOE. Understanding this journey is helpful for understanding the concerns of the political actors that will shape whether an encouragement philosophy for the federal role in education can be adopted ... ://scholarship.richmond.edu/lawreview A FEDERAL ROLE IN EDUCATION: ENCOURAGEMENT AS A GUIDING PHILOSOPHY FOR THE ADVANCEMENT OF LEARNING IN AMERICA GerardRobinson * "Religion, morality, and knowledge, being necessary to good

Treating Persons as Ends in Themselves: The Legal Implications of a Kantian Principle

" in modern moral philosophy is impossi- ble to deny. ... person, even when it requires or forbids particular acts); see also HANNAH ARENDT, LECTURES ON KANT'S POLITICAL PHILOSOPHY 8 (Ronald Beiner ed. 1982) (suggesting that "if we want to study the philosophy of

Acting Cabinet Secretaries and the Twenty-Fifth Amendment

counted. However, the Article also highlights the political risks caused by the text’s ambiguity and proposes a legislative solution to sidestep the issue. * Senior Fellow, Brigham Young University, J ... rich source of inspiration for the screen writers of political dramas. For example, in episode twelve of season four of Madam Secretary, President Conrad Dalton becomes emotionally belligerent due to an