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Cogency, Seriousness, Cohesion, and Importance: Assessing the Strasbourg Case-Law on Religion or Belief

in order to be true to the political view and aims behind the parody. And ‘submits’ could be interpreted as ‘sincerely claims’ or it could be meant as an expression of scepticism, ie as ‘insincerely ... parody. As previously noted, the considerable sacrifice some Pastafarians make by consistently wearing a kitchen utensil shows their commitment to the political view and aims behind Pastafarianism, rather

Neoliberal Political Law

NEOLIBERAL POLITICAL LAW ZEPHYR TEACHOUT 0 1 0 Copyright © 2014 by Zephyr Teachout. This article is also available at 1 Associate Professor of Law, Fordham University School of Law In the last ... expenditure rules. Another, related possibility is that the members of the Kennedy-Roberts alliance are driven by racial, ethnic, or class concerns. The “us” and “them” within the Court are not political teams

Are Fatwas Dispensable? Examining the Contemporary Relevance and Authority of Fatwas in Australia

the practical and methodological issues of how to interpret, contextualize, and apply Islamic law in different social, political, and economic conditions.8 Importantly, the practice of fiqh is reserved ... the shari’a has not been exploited for political purposes by governments and religious fanatics to justify blasphemy laws and silence political dissent.11 3. FATWAS AND JURISTIC AUTHORITY As alluded

From Comparison to Collaboration: Experiments with a New Scholarly and Political Form

FROM COMPARISON TO COLLABORATION: EXPERIMENTS WITH A NEW SCHOLARLY AND POLITICAL FORM ANNELISE RILES 0 1 0 Copyright © 2015 by Annelise Riles. This article is also available at 1 Jack G. Clarke ... out the promise of replacing old forms of political and social conflict with “win-win scenarios.”7 The image of these projects is one of fulfilled, empowered people, in charge of their own destinies

The Law and Political Economy of Contemporary Food: Some Reflections on the Local and the Small

THE LAW AND POLITICAL ECONOMY OF CONTEMPORARY FOOD: SOME REFLECTIONS ON THE LOCAL AND THE SMALL AMY J. COHEN 0 1 0 Copyright © 2015 by Amy J. Cohen. This article is also available at 1 Professor of ... , each mode of legal thought is not a political ideology but rather a “consciousness” or “language.”3 That is, modes of legal thought are temporally bounded epistemic perspectives that—in different ways in

International Courts in Atypical Political Environments: The Interplay of Prosecutorial Strategy, Evidence, and Court Authority in International Criminal Law

INTERNATIONAL COURTS IN ATYPICAL POLITICAL ENVIRONMENTS: THE INTERPLAY OF PROSECUTORIAL STRATEGY, EVIDENCE, AND COURT AUTHORITY IN INTERNATIONAL CRIMINAL LAW RON LEVI 0 1 JOHN HAGAN 0 1 SARA DEZALAY ... courts’ de facto authority that resulted in sovereign legal accountability for such crimes was developed in national settings for many years during the Cold War before gaining significant political support

Political Ideology and Constitutional Decisionmaking: The Coming Example of the Affordable Care Act

transcend the partisanship surrounding the Act and apply existing constitutional doctrines to uphold the individual mandate. Until POLITICAL IDEOLOGY AND CONSTITUTIONAL DECISIONMAKING: THE COMING EXAMPLE OF ... is very much in doubt because of the way in which the constitutional issue has come to be defined by political ideology. The Affordable Care Act passed the Senate on December 24, 2009, by a

Self-Defense, Defense of Others, and the State

construction and regulation of self-defense was the rule, not the exception. No. 2 2017] This article supports this historical investigation with new scholarship on political philosophy and theories of ... them. Although the issue is contestable, this article assumes that the Constitution does not enact the political philosophy of Thomas Paine or John Locke any more than it “enact[s] Mr. Herbert Spencer’s

The Uneasy Case for the Affordable Care Act

The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This ... scattered sections of 26 and 42 U.S.C.). 2. Erwin Chemerinsky , Political Ideology and Constitutional Decision-Making: The Coming Example of the Affordable Care Act , 75 L Dean Erwin Chemerinsky says the

Postscript: Some Observations About Guns and Sovereignty

when engaging in self-defense. Many contemporary defenders of a robust Second Amendment are themselves devotees of libertarian natural rights. One need not necessarily reject that political philosophy ... founds much of his constitutional and political philosophy on a debatable reading of the Declaration of Independence and a more plausible reading of the opinions of Chief Justice Jay and Justice James

The Antebellum Political Background of the Fourteenth Amendment

shaped by a background of political history and theory quite different from the eighteenth century history and philosophy that informed the work of framing in 1787. The Fourteenth Amendment does not ... underlying political philosophy thus expressed to conclude that this insistence must be the result of simple hypocrisy and bad faith. But political life is rarely that simple. We confront new problems with the

Comparative Susceptibility and Differential Effects on the Two European Courts: A Study of Grasstops Mobilizations around Religion

‘Grasstops mobilizations’ in the context of the European Court of Human Rights and the Court of Justice of the European Union refers to legal and political mobilization carried out by cause lawyers ... , religious, secularist and humanist organizations, political figures and national governments, and by transnational networks which may develop within and between the above groups, depending on their stakes in

Risky Asymmetry in the Automotive Cosmos

Mercedes-Benz, in spite of geopolitical insecurities and a volatile semiconductor market, the global demand for vehicles remains robust; nevertheless, due to the unstable political situation and ongoing

Toward a Global Ethics of Trade Governance: Subsidiarity Writ Large

multilateral trade regime today, given that it is underpinned neither by embedded liberalism—the political philosophy that enlightened post-war No. 2 2016] political elites used in creating the GATT—nor by ... found by investigating political philosophy. At least since Rousseau, the essence of democratic self-determination has been the notion that only laws of a nation’s own making can legitimately coerce

The Provocation by Witchcraft Defence in Anglophone Africa: Origins and Historical Development

practitioners are widely consulted in Africa for a variety of reasons, including wealth accumulation, good health, success in business or political career, and enhancement of fertility. Many supposed victims of ... English in character.’80 Evidently, the various penal statutes drafted during the colonial period have been amended or revised several times to bring them in line with changing political, socio-economic

Foreword: The Political Geography of Race Data in the Criminal Justice System

read for de-criminalizing illicit drug use is Douglas Husak's careful melding of empirical data with political philosophy on the subject. See DOUGLAS HUSAK, LEGALIZE THIS!: THE CASE FOR DECRIMINALIZING ... LAW AND CONTEMPORARY PROBLEMS Copyright © 2003 by Andrew E. Taslitz This article is available at http://www.law.duke.edu/journals/66LCPForewordTaslitz. THE POLITICAL GEOGRAPHY OF RACE DATA IN

Sovereignty and the Right to Be Left Alone: Subsidiarity, Justice-Sensitive Externalities, and the Proper Domain of the Consent Requirement in International Law

not they have explicitly or implicitly consented to them. Consent is only relevant in the sense that liberal political philosophy refers to the idea of “reasonable consent,” which remains an operative ... , e.g., ARTHUR RIPSTEIN, FORCE AND FREEDOM: KANT’S LEGAL AND POLITICAL PHILOSOPHY 267–300 (2009). No. 2 2016] SOVEREIGNTY AND THE RIGHT TO BE LEFT ALONE 255 D. Beyond Harm? Tortious Complicity, Consent

Subsidiarity in Global Governance

international) in the design of: new institutions; political and regulatory normmaking; and adjudication. Bringing together scholars from law, political science, and political philosophy, we seek to map the ... Institutions Today: An Imperial Global State in the Making , 15 EUR. J. INT'L L . 1 ( 2004 ). 8. For an emphasis on consent in the political philosophy debate, see Tom Christiano, The Legitimacy of International

A Free-Market View on Accidents and Torts

will have to look elsewhere. Most notably, they will have to look toward political philosophy: the nature of the social covenant, the meaning of social responsibility, and the source of legitimacy of ... of the existence and nature of the social covenant is crucial, even if it pertains to the domain of political philosophy rather than to that of law and economics. By contrast, the proponents of the