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intend to bring it about that the principal’s criminal conduct occurs. This Article defends the intention requirement against this criticism. Drawing on insights from the philosophy of action, it argues ... of philosophy. To the extent that this Article dips into the philosophy of action, however, it does so in service of a normative legal project, namely, ascertaining what the elements of accomplice
-justifying, which, of course, begs the question: “Why does tort law exist?” In addressing that question, this Article examines the political philosophy of John Locke and argues that legal formalism is ... Political Philosophy and Mass Tort TABLE OF CONTENTS Copyright held by the NEBRASKA LAW REVIEW. * Associate, Jones Day; J.D. 2007, Harvard Law School. The views set forth herein are the personal views of
While corporations do not enjoy unfettered freedom—they are constrained by legal, political, and social requirements and expectations—governments must have legitimate grounds when they compel ... dubious. 11. Id. 12. I do not use the term “corporate freedom” to support the maximalist version of corporate freedom, in recognition that corporations are constrained by legal, political, and social
disclosure rules fail to satisfy these requirements. Instead, the proposed climate rules create controversy by imposing a political viewpoint, by advancing an interest group agenda at the expense of investors ... distinction between commercial and political speech did not exist, and regulations of commercial speech were subject to the same protections as any other kind of speech.109 The Chrestensen court, however
., J.D., Ph.D., Robert J. Kutak Professor of Law, Professor of Law and Psychology, and Professor of Philosophy Emeritus John R. Snowden, B.A., J.D., Professor of Law Emeritus Robert G. Works, A.B., J.D
adjudication is best suited to enable the Board to implement majoritarian political philosophy more readily in the process of making and changing law and policy: "A national labor policy that responds quickly to ... reflect political majoritarian labor philosophy in its decision-making. A quarter century ago, a former chair of the NLRB predicted that some variation of a labor court was inevitable.136 During the Nixon
discretion and power as ballot gatekeepers.10 These concerns have been well substantiated. Leading political scientists have shown, for example, that when judges work to aggressively apply the single-subject ... serious and important, there is a deeper problem with the singlesubject rule that is of growing significance. My core claim is that in today’s political environment, the single-subject rule is at risk of
With organized labor's growth in numerical strength and ascendancy in economic power came increased participation and effectiveness in political action. Efforts to advance the welfare of its members ... politics because they exist in a legal and political system which has been generally critical of union activities.-Reynolds, Labor Economics and Labor Relations 111 (1949). With organized labor's growth in
to audit and investigate agency activities—and not to opine on the policy judgments, political statements, or activities of the President, his immediate staff, or the advise-and-assist components of ... active part in political management or political campaigns, including “us[ing] his official authority or influence for the purpose of interfering with or affecting the result of an election.”409 For
and Philosophy of 1 Part of the Christianity Commons, and the Religious Thou Follow this and additional works at: http://scholar.csl.edu/cj Recommended Citation - that the Confessional Reformation
alignment with shareholders. Cambridge Analytica, for example, was a political consulting firm with expertise in data analysis. The company’s algorithms were designed to predict and influence the behavior of ... , sexual orientation, race, religion, political views, relationship status, substance use, and personality. 77 With as few as 300 Facebook likes the algorithms could outperform a spouse in assessing their
literature on Luther’s political thought. In this anthology, Jarrett A. Carty has collected the texts from Luther’s Works that touch significantly on topics such as law, government, authority, and war. To this ... he has added a brief, general introduction to Luther’s political thought, solid introductions to the selections, notes to secondary literature throughout the volume, and a brief bibliography. The
speak in this way, and legally, can it do so? Developing a robust answer to the second question is the focus of this Article, which brings together political scientist Corey Brettschneider’s ... , and Professor of Education Policy, Michigan State University College of Education; JD, MA Duke University; BA Drake University; PhD candidate, University of Queensland School of Political Science and
the current political climate, it is doubtful that qualified immunity will be reformed, much less abolished, anytime in the near future. Unless—or until—Congress figures out a way to meaningfully reform ... The case against qualified immunity continues to build.2 Even with “growing calls by courts, as well as by a number of commentators and advocacy organizations across the political spectrum, to
] change it can bring, while offering methods for making these revisions.15 If courts continue to build a set of legal, cultural, and political assumptions about who needs access to reproductive healthcare ... Gender-inclusive language has gained popularity, but it has also been subject to scrutiny over the past few years as debates 2023] regarding transgender rights in legal and political communities continue
U.S. 186 (1962) and the shift away from the old-fashioned approach to the political question doctrine. 8. This sometimes includes executive review by the Secretary of State—whether state executive ... established that in the context of presidential races, states have a “legitimate interest in protecting the integrity and practical functioning of the political process [which] permits it to exclude from the
with several larger loans when PPP loan information first became publicly available. Among them were several loans made to politicians on both sides of the political aisle and their family members. 71 ... the language),87 businesses were essentially operating under an “apply now, ask questions later” philosophy. With uncertainty about how long quarantine guidelines would be in place, whether Congress
In philosophy, essentialism involves the claim that everything that exists has a fundamental character or core set of features that makes it what it is. Although this idea developed out of Platonic ... , sociology, political science, linguistics, archeology, anthropology, and philosophy as parochial Europe-centered discourses inundated with a presumption of universality that none of them warrant or
cheaply. The rights pessimism problem introduces a political marginalization issue in the enforcement of waivers, since marginalization induces rights pessimism.12 An updated enforcement doctrine should ... incorporate political marginalization as a factor to consider in enforcement. Section 6 translates the theory into guidelines for courts. It identifies the factors consistent with precautionary productivity
Stature . . . . . 1144 c. Loss of the “Self” . . . . . 1147 2. Social and Political Anxieties: Corruption of Attitudes Toward Others . . . . . 1148 a. Corruption of Social Attitudes . . . . . 1148 b ... probabilistic model of the relationship between causes and effects. Penelope Mackie, Causality, in THE OXFORD COMPANION TO PHILOSOPHY 127 (Ted Honderich'ed., 1995). 7. Michael Corrado, Automatism and the Theory
