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Hallows Lecture: Complexity and Contradiction in American Law

, a judge tends, based on his or her experience and political philosophy, to think that litigation is a way for the little guy to hold big corporations accountable, or alternatively to think that ... Sure, the Senate can vote a couple of them down, but the next person nominated will probably be only marginally different in philosophy. So stop with the political theater. Litmus tests about the issues

The Nagging in Our Ears and Original Public Meaning

contemporaries. See Leo Strauss, Persecution and the Art of Writing, in PERSECUTION AND THE ART OF WRITING 22, 22–37 (1952); Leo Strauss, What is Political Philosophy?, in WHAT IS POLITICAL PHILOSOPHY 9, 9–55 ... landscapes. Or the political theory that animates the law. Or the most analytically compelling answer to specific doctrinal puzzles. Or the application of traditional aids to understanding such as canons of

Corporate Governance and the Omnipresent Specter of Political Bias

Subject to important qualifications, corporate decision-makers are dutybound to maximize shareholder value. However, there is reason to believe corporate decision-makers are allowing their political

Sovereign, Employer, Community: A Theory of Military Justice Beyond Discipline, Obedience, and Efficiency

Fletcher puts it—a “species of political and moral philosophy” in which “[i]ts central question is justifying the use of the state’s coercive power against free and autonomous persons.”261 And surely the ... individual servicemember. The propositions further claim that, at its most generic and broadest level of abstraction, military justice is a strategy, and that strategy involves the political use of legal

The Philosophy of Law

or system was adopted, although on page 3 we are told, "It is believed that the proper field of the philosophy of law is the explanation of the operation of the external factors of political power and

The First Amendment and the Regulation of Speech Intermediaries

Calls to regulate social media platforms abound on both sides of the political spectrum. Some want to prevent platforms from deplatforming users or moderating content, while others want them to ... from the [account] because of their expressed political views violates the First Amendment.”8 The Second Circuit affirmed,9 but after President Biden’s election, the Supreme Court vacated the Second

Political Parties and Constitutional Fidelity

In the aftermath of the 2016 presidential election, fewer themes have received more attention from scholars and public commentators than political polarization. However, given the recent focus on ... their philosophy was the same: both aimed to take the grip of government-granted privileges off the natural economic RICHARD HOFSTADTER, THE AMERICAN POLITICAL TRADITION AND THE MEN WHO MADE IT 80 (1989

Disparities on Judicial Conduct Commissions

, occasionally augmented by references to other states.1 The five main states are diverse in terms of geographic location, political ideology, and method of selecting judges. 1. The author reviewed all publicly ... representative of most states. The guiding philosophy is that protecting judges from wrongful discipline is valued over protecting the public from wrongful judges. To this end, virtually every rule makes it as

Political Violence and the Media

, wars). Less universal, with wide variation across political cultures, is coverage of political violence. Political violence—sometimes officially sanctioned by governments seeking to remain in power and

Redirecting Direct Democracy: Non-Essential Spending as Political Speech

political speech, satisfying libertarian preferences of some while creating feedback on shared cooperation among others. ... showed that among Tea Party supporters 54% considered themselves Republicans, but 66% stated that they always or usually voted Republican, while 73% of Tea Party backers consider their political philosophy

A Brief Legal History of Wisconsin Conservation

Earth Day in 1970 to the last conservation actions and passage of environmental statutes by the Wisconsin State Legislature in the early 1990s. With political ideological division gaining steam in the mid ... political sphere, and on the other, powerful industrial interests that saw resource exploitation as a necessary step in the work of MARQUETTE LAW REVIEW [107:519 society-building. 41 In her 1991 article

Busses, Released Time and the Political Process

essentially what James Madison thought and did about the separation not merely of church and state but of political authority and religious forces in Virginia. All that they say of Madison's beliefs and actions

Defamation: Liability of Station Owners for Political Broadcasts

for Political Broadcasts-During the course of a political broadcast, a candidate for the United States Senate made libelous remarks concerning the Plaintiff corporation. The corporation brought suit for

Counting to Four: The History and Future of Wisconsin's Fractured Supreme Court

practice that, standing alone, is not enough to justify an approach to the Rationale Rule. Luckily, there are others. Majoritarianism. High courts are not often thought of as majoritarian political ... interpret and apply law, rather than to advance short-term political goals. Return again for a moment to the reason Wisconsin elects its judges. The framers of Wisconsin’s constitution believed that

All Along the New Watchtower: Artificial Intelligence, Workplace Monitoring, Automation, and the National Labor Relations Act

Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act, as amended from time to time, or any labor organization (other than when acting as an ... terms with no more than three members at any time belonging to the same political party to ensure that the Board is not completely subject to political influence.88 The NLRA grants the General Counsel

The Political Act: Its Application to Annexation, Third Party Attack, and Corporate

://scholarship.law.marquette.edu/mulr/vol47/iss1/5 - Article 5 THE POLITICAL ACT: ITS APPLICATION TO ANNEXATION, THIRD PARTY ATTACK, AND CORPORATE AUTHORITY Prior to an attempted annexation by Brown Deer and an attempted ... acting informally,6 and (2) that the doctrines of apparent authority and estoppel cannot apply because the action of the president in the present case related to a "political act". The court also used the

Civil, Political, and Social Equality After Lincoln: A Paradigm and a Problematic

/iss4/39 - KATE MASUR* When it comes to Abraham Lincoln and race, there are few words more famous than the future president’s 1858 assertion that he had “no purpose to introduce political and social

The Basic Ideas in the Philosophy of Law of St. Thomas Aquinas as Found in the "Summa Theologica"

Pufendorf. At approximately the same time, the first comprehensive "history of philosophy" appeared under the significant title: "De Doctoribus Scholasticis Corrupta Per Eos Divinarum Atque Humanarum Rerum

International Law: The Institutions of the European Communities in a Changing Political Climate

integration provided by the Community treaties was intended to result in a further political integration, but uprising national interests have caused the European Communities to be in "a situation of permanent

From the Vienna Circle to Our Days: a Story of Entanglements. Book review Disentangling the Philosophy of Economics by Mariusz Maziarz

ReseñasDel Círculo de Viena a nuestros días: una historia de enredos. Reseña de la obra Disentangling the Philosophy of Economics de Mariusz MaziarzFrom the Vienna Circle to Our Days: a Story of ... . Correo electrónico: . Maziarz, Mariusz. 2018. Disentangling the philosophy of economics. Institute for Market, Consumption and Business Cycles Research-National Research Institute, Warsow: 143p