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/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
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
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
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
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
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
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 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
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
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
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
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
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
" 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
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
crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought ... has prompted a political backlash,2 and risks distorting hard-fought feminist legal, social, and political battles.3 It has yielded underreporting, underutilization, and recurring risks of budgetary
, an article in the pages of Criminal Law and Philosophy may be an insightful scholarly contribution, but it does not carry the same weight as a citation to LaFave, or even a careful doctrinal analysis ... , constitutional provisions, law journals (the Harvard Law Review and the Journal of Legal Studies, but not Philosophy and Public Affairs or the American Economic Review),” as well as “textbooks and treatises that
. Pipa * Rural America has a proud history of playing a central role in the country’s rise to economic and political prominence. Its agriculture, minerals and energy resources, textile and other ... . Combined with voting patterns, the idea of rural decline has also fed a narrative about a national urban-rural political divide, with an underlying assumption that the resentment of rural residents lies at
, rhetoric and legislation attacking transgender, nonbinary, gender non-conforming and intersex individuals seemingly grows louder.2 Many political institutions in the United States perpetuate and enable the ... DALHOUSIE L.J. 281, 296 (2013). 86. See id. at 296–97 (“[T]he promise restorative justice offers for other social and political institutions, systems, and work, lies with its relational approach and the
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental
