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Banding Together: Law Versus People Power in the United States

democracy deficit. Labor unions and other collective associations like tenants’ unions can challenge oligarchy. Membership-based political parties or democratic NGOs allow people to engage in politics in ... - more scope for participatory involvement.2 I examine this de-democratization in relation to four kinds of associations: (1) political parties; (2) labor unions; (3) nonworker economic cooperatives; and

The Political Urgency of Black Manhood: Frederick Douglass on Constitutional Theory

citizenship under the Constitution. He had to generate a potent faith in his own gendered identity in order to overcome the debilitating political stigma that attached to his racial identity. Only by doing this ... for free and open access by The University of New Mexico School of Law. For more information, please visit the New Mexico Law Review website: , USA 2 John M. Kang, The Political Urgency of Black Manhood

Stochastic Terrorism, Speech Incantations and Federal Tax Exemption

failure bespeaks a First Amendment political philosophy but insufficient legal analysis. 248. See generally Abner S. Greene, Government of the Good, 53 VAND. L. REV. 1 (2000) (discussing the government ... person, feeling threatened, is motivated to do so as a result. 3. That individual act of political violence can’t be predicted as such, but that violence will happen is much more probable thanks to the

A Return to Rationality: Restoring the Rule of Law After Daubert's Disastrous U-Turn

compromises with social and political pressures having, as such, no bearing on the principled choices that the Court is obliged to make. Thus, the Court’s legitimacy depends on making legally principled ... sense judges only of the experiment, the experiment of Nature and the thing itself.”); see also Mary Hesse, Francis Bacon’s Philosophy of Science 123–24, in ESSENTIAL ARTICLES FOR THE STUDY OF FRANCIS

The Mindful First Amendment

freedom of speech and freedom of the press in an era of severe cultural and political polarization. This article focuses on the external aspects of mindfulness—the interaction with others and with society ... considerations in the realm of speech and press. THE PROBLEM Modern political discourse is broken. The evidence for this state of affairs comes from many sources and perspectives. Starting with polling, consider

The Historical Development of the Concept of Forced Labor and the Open Boundaries of its Definition Today

Historical Perspective: A Study of Proletarianization of the African Peasantry in Rhodesia, in ESSAYS ON THE POLITICAL ECONOMY OF AFRICA (Giovanni Arrighi & John Saul eds., 1973); Richard Roberts, Coerced ... prohibiting the use of coercive labor to accomplish certain ends. In particular, it committed states to suppress: any form of forced or compulsory labour— (a) as a means of political coercion or education or as

Rethinking Rights in a Disappearing Penumbra: How to Expand Upon Reproductive Rights in Court After Dobbs

. REV. 173, 214 (1994) (noting that “[t]he Nazi’s simply carried [Holmes’s] philosophy to its natural conclusions,” but also demonstrating how Holmesians usually escaped this accusation with blusterous ... elementary work,”73 Wilson noted, elsewhere, that Blackstone is a mere “political writer[]” who “deserves to be much admired; but he ought not to be implicitly followed.”74 Failing to heed this founding

Environmental Justice is a Civil Rights Issue

happy ending so far. By protecting even the smallest creatures, we show who we are as a country. That we care about our environment, and we understand that everything is connected. This philosophy is

The Political Geography of Plea Bargaining in Federal Death Penalty Cases

(2015). Available at: - THE POLITICAL GEOGRAPHY OF PLEA BARGAINING IN FEDERAL DEATH PENALTY CASES Greg Goelzhauser* INTRODUCTION Breaking Bad1 is a character study depicting Walter White’s ... busi* Assistant Professor of Political Science at Utah State University. Thanks to Nicole Vouvalis for watching a lot of television with me. 1. Breaking Bad is a critically acclaimed television series

The Myth of Anonymity: De-Identified Data as Legal Fiction

has been the ability of TikTok’s powerful (and largely black-box) algorithm to influence political discourse, potentially at the bequest of the Chinese state. See TikTok Tapes, supra note 144 (“Sen. Ted ... platform to amplify election or political misinformation. Kari Paul, ‘We Risk Another Crisis’: TikTok In Danger of Being Major Vector of Election Disinformation, THE GUARDIAN (Oct. 25, 2022 10:45 AM), https

Surviving the Field: Providing the Bare Minimum for Farmworkers in New Mexico

to the creation of an agrarian working class that is especially vulnerable to political majorities and powerful interests. For example, the New Mexico legislature explicitly exempted certain farm ... , suggested that the exemptions protected the political interests of the House members who saw themselves as representing farm owners and employers, rather than historically marginalized farm workers.13 In

A Model of Collegial Judicial Decision-Making: The Ransom-Montgomery Years on the New Mexico Supreme Court

concentration in Eighteenth Century political philosophy. He enjoyed sports and was a track letterman in high school and college. At UNM, he was president of the senior men’s honorary society, the political ... communities in four states. Ransom was a 1950 Albuquerque High School graduate. He entered the University of New Mexico (UNM) as a Navy ROTC Marine Corps candidate, majoring in political science with a

Independent Analysis and Interpretation of the New Mexico Constitution: If Not Now, When?

community is a discrete group that has been subjected to a history of purposeful discrimination, and it has not had sufficient political strength to protect itself from such discrimination.”89 Applying that ... a particular ideology or judicial philosophy. Proponents of independent state constitutional analysis have been writing on the subject for at least fifty years, and they have run the ideological gamut

Action is Not Activism: Moving Martinez/Yazzie v. State Forward

complex and rapidly changing civilization; (ii) sufficient knowledge of economic, social, and political systems to enable the student to make informed choices; (iii) sufficient understanding of governmental ... , and fund effective legislation to create a constitutionally sufficient education system.170 While a court order may bring public support for such legislation and provide “political cover” for unpopular

Preserving Due Process: Require the Frye and Daubert Expert Standards in State Gang Cases

in gang prosecutions. This article proceeds in six parts. Part I provides the social political context of gang prosecution, an overview of lay-witness and expert witness admissibility standards, then ... those in K.J.); United States v. Robinson, 978 F.2d 1554, 1564–65 (10th Cir. 1992) (allowing police officer to testify to the philosophy of gang membership); People v. Valdez, 68 Cal. Rptr. 2d 135, 139

State v. Gutierrez Abolishing the Spousal Communications Privilege: An Opinion Raising Profound Questions About the Future of Evidentiary Privileges in the United States.

himself attacked such legislation; he contended that it represented only the political clout of the medical 99. Id. ¶ 32, 482 P.3d at 710 (alteration in original). 100. Id. ¶ 28, 482 P.3d at 709. 101. Id ... political thought has been the recognition of a distinction between the public and private realms.173 In the private realm, the individual has a right to autonomy. “Respect for the . . . autonomy of the

New Mexico’s Just Deserts: How the State’s Sentencing Policies Have Negatively Affected Criminal Justice

proportional to the offense without regard for other societal effects. 3. Wise, supra note 2, at 1344; see also Andrew von Hirsch, Proportionality in the Philosophy of Punishment, 16 CRIME & JUST. 55, 57–61 ... rehabilitative efforts that have been reported so far have had no appreciable effect on recidivism.”); Wilkins, supra note 116, at 586 (“The sentencing guidelines embody the basic philosophy that the purposes of

Tracing the Roots of a Poisonous Tree: On the Origins and Impact of Criminal Terminology in a Civil Apprehension Scheme

interpretations by other political actors.”). 2. See D. Carolina Núñez, War of the Words: Aliens, Immigrants, Citizens, and the Language of Exclusion, 2013 BYU L. REV. 1517, 1561–62 (2013) (discussing the flawed ... do, often relying on skin color, nationality, political associations, etc. to make those predictions, and second, the procedural method to derive control, where the government invokes administrative

The Future of Nondelegation: Resurrecting the Doctrine Though a Novel Balancing Test

to rein in actions taken by executive agencies which have far-reaching economic, political, or otherwise contentious effects. The implications of this reversal of nearly a century’s worth of judicial ... when it enacts ambiguous statutes.40 Said another way: if a statute is ambiguous enough to raise “major questions” of economic or political significance, rules promulgated by administrative agencies

Un-PAC-ing Campaign Finance Law in New Mexico

This Comment explores a complicated and evolving area of law: campaign finance in New Mexico. In 2010, Citizens United v. FEC forever changed the political funding landscape. While the Court allowed ... wealthy political donors.3 The fundraising event in New Mexico, the second of a bi-annual summit hosted by billionaire brothers David and Charles Koch, was one of many taking place all across the country.4