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competition, and work through normative conflict. ”). 20 . See, e.g., SARAH SONG, IMMIGRATION AND DEMOCRACY (2018); DAVID MILLER, STRANGERS IN OUR MIDST: THE POLITICAL PHILOSOPHY OF IMMIGRATION (2016); PETER H ... ...............................1323 C. Quashing Experimentation with Noncitizen Status .........................1326 D. Shoring up the Sanctity of National Immigration Law ....................1328 E. Dialectical Political Lessons for
...................................................................1412 1. Adjudicative and Legislative Facts ................................................1412 2. Political Process ...............................................................................1413 3 ... ..................................................................................1416 C. Some Doubts about the Standard Justifications ...............................1417 1. Adjudicative and Legislative Facts Revisited ...............................1417 2. Political Process
become influential in shaping public discourse. These digital platforms have established new modes of communication that enable individuals from different ethnic, political, and racial backgrounds to come ... .....................................................................1486 B. Twitter’s Influence on Political Discourse .........................................1488 II. Twitter as a Common Carrier
pursuing political or economic goals. They allow people to pursue ends that require or benefit from group activity, such as playing music together. They allow for dialogue, deliberation, negotiations ... Article makes several contributions. First, it focuses on associations themselves rather than associations as vessels for political organizing. This focus allows the Article to examine the effects of the
, and it has been largely forgotten in the vast literature on the social, legal, and political upheavals of the Civil War.2 The available sources do not even 1. Police Headquarters, N.Y. SUNDAY MERCURY ... , 118 MICH. L. REV. 1027 (2020) (reviewing ROBERT L. TSAI, PRACTICAL EQUALITY (2019)). 17. A Police Trial, supra note 2. 18. Social, political, and cultural historians have long recognized the ways that
contested at a political level: the ?hockey stick? graph???showing how high recent temperatures are compared with the past 2,000?years???is perhaps an exemplar. Clearly there is no simple catch-all answer ... ambiguities would seem to leave the door open to delay and debate over any new environmental legislation in the US, something that is particularly challenging in a political environment starting from the
the Law and Philosophy Commons , Law and Politics Commons, and theReligion Commons Follow this and additional works at; https; //scholarship; law; uci; edu/ucilr - Political Theology with a ... and religion, I failed to appreciate how the liberal tradition of legal and political philosophy on which I work could be illuminated by the theory of the state of the exception or by political theology
political question doctrine. In doing so, the Ninth Circuit held that the political question doctrine was jurisdictional. As of this moment, only the Ninth Circuit has explicitly answered the question of
By David Kaye, Published on 02/01/13
in police-civilian encounters, this new model of policing promotes a climate of reassurance within communities that promotes their social, economic, and political vitality. Instead of focusing on harm ... crime reduction are less compelling when crime is low, although the public still overestimates the amount of crime.35 Being tough on crime is less important as a political image. Additionally, people are
political theories of punishment: expressivism and liberalism. A latent but mostly unstated premise of both theories, I claim, is that criminalization must be undertaken by a democratic institution. Given ... illegitimate because agencies are an illegitimate source of criminal law. To say that the legitimacy of criminal laws depends on their source, though, requires a political theory of punishment—a theory that
.....................................................172 B. Rearticulating the Hunter Principle ........................................................174 III. Schuette and the Death of the Political Process Doctrine
final and absolute political authority in the political community . . . ’ and no final absolute authority exists elsewhere. ’ ” ); JEREMY RABKIN, WHY SOVEREIGNTY MATTERS 2 ( 1998 ) ( “A sovereign state is ... sovereignty . . . holds that every political community must have a locus of authority that is unlimited, undivided, and unaccountable to any higher authority. ” ); CARL SCHMITT, POLITICAL THEOLOGY: FOUR
luck is prominent not only in the common sense of laymen,11 but also the literature in legal theory and moral and political philosophy. 12 Of particular interest to tax scholars is how the idea relates ... to distributive justice, the area of political philosophy which examines how we ought to distribute the benefits and burdens of a society among its members through institutional design. 13 Luck
Democracy to encourage other countries to adopt democratic principles, it was not constitutionally required to fund a program to encourage competing lines of political philosophy such as communism and fascism ... ” Silence Political Speech Brian Olney* * University of California, Irvine School of Law, Class of 2013. I would like to thank Professor Catherine Fisk for suggesting this topic, and for all her feedback
American’s civic engagement and political empowerment is access to the ballot and to electoral schemes that allow Asian Pacific Islander American (API) voters to elect representatives of their choice. Because
Investigation VI. Discussion ................................................................................................................. 732 INTRODUCTION Political corruption is typically defined as
/iss1/12 as Follow this and additional works at: https://scholarship.law.uci.edu/ucilr Part of the Law and Philosophy Commons, and theLegal History Commons Recommended Citation - UC Irvine Law Article
Political Economies of Immigration Law Mariano-Florentino Cuéllar* A largely dysfunctional American immigration system is only poorly explained by simple depictions of the political economy of lawmaking on ... emerges from intersecting effects of three separate dynamics—statutory compromises rooted in the political economy of lawmaking, organizational practices reflecting the political economy of implementation
) INTRODUCTION Efforts to ‘defund’ police, which only a few years ago enjoyed unprecedented support, have mostly run aground. 1 If anything, the political winds have 1. See generally Rick Su, Anthony O’Rourke ... -W3JU ] (“Political consultants and law-enforcement officials say the recall of Mr. Boudin in this left-leaning city signals a broader voter backlash against the [progressive prosecutor] movement amid
