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Reevaluating Politicized Identity & Notions of an American Political Community in the Legal & Political Process

, Public Law and Legal Theory Commons , Race, Ethnicity and Post- 3 New York University - Washington , D.C. , USA 4 Commons, Cultural Heritage Law Commons, Election Law Commons , Ethics and Political ... Philosophy 5 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons , Courts Follow this and additional works at: https://www.repository.law.indiana.edu/ijlse Colonial Studies Commons

Ranked Choice Voting: How Voters Have Responded to a Failing Political System

A long-standing colloquialism amongst politicians and people in the political world is “People love their congressmen but hate Congress.”4 While not a new sentiment, distrust of the political system

On the Unfolding of Édouard Glissant’s Archipelagic Thought

Glissant termed “creolization”. Tracing a rift in Glissant scholarship between those who read his work as abidingly political (Britton, Dash) and those who perceive a troubling shift towards “postmodern ... examine the positioning of Glissant’s rhizomatic philosophy of Relation with regard to the Western philosophical tradition, as seen in his engagements with Deleuze and Hegel. Finally, it concludes by

Serving Only to Oppress: An Intersectional and Critical Race Analysis of Constitutional Originalism Inflicting Harm

Constitution were set at the founding and have not changed or adapted since. See Marcia Coyle, ‘His Judicial Philosophy Is Mine’: Amy Barrett Touts Scalia in Remarks From Rose Garden, THE NATIONAL LAW JOURNAL ... (Sep. 26, 2020), https://www.law.com/nationallawjournal/2020/09/26/his-judicial-philosophy-is-mine-amy-barrett-toutsscalia-in-remarks-from-rose-garden/?slreturn=20230227132623. 2023] value judgments in

Recognizing America's "Religious Nones" and Their Influence on Political and Legal Norms

Berlinerblau defines secularism as ?[a] political philosophy which . . . is preoccupied with, and often deeply suspicious of, any and all relations between government and religion.?50 And, finally, defining ... philosophy that results in depriving religious leaders of political power but maintaining a benign attitude toward their religious beliefs. This notion has been consistently backed by religious liberals, the

Reflections on the Testimonial Genre and Casa de las Américas’ Literary Award (1970–2017)

In this article, I look into how the conceptualization of the testimonial genre has changed over time in response to different historical, political and cultural circumstances: that is, how it has ... specific political situation in Cuba at that time, as well as with regard to the then lively cultural debate on literature and politics. Secondly, I reflect on how the testimonial genre was reconceptualized

A Divided Nation: Political Polarization and Dispute Resolution

alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part

Introduction: Poetics of Space – Archipelagos & Wanderings

how Glissant’s work continues to be interpreted in new ways in disciplines other than philosophy or literary studies and on exploring fundamental questions about physical spaces and their ‘imaginaries ... Glissant scholars, primarily by those with a background in (Francophone) literary studies and philosophy, as well as by artists, some joining in fleetingly, others investing long-term. We would like to thank

Civil and Political Rights vs. Social and Economic Rights: A Brief Overview

There have been significant conflicts in constituting both civil & political and economic & social rights. While some advocate the civil and political rights as primary rights, others claim that ... , others claim that civil and political rights are nothing without social and economic regulations. In this paper, the emergence of these rights, their characteristics, the divisions and interdependence

Civil and Political Rights vs. Social and Economic Rights: A Brief Overview

, Sosyal ve Ekonomik Haklar There have been significant conflicts in constituting both civil & political and economic & social rights. While some advocate the civil and political rights as primary rights ... , others claim that civil and political rights are nothing without social and economic regulations. In this paper, the emergence of these rights, their characteristics, the divisions and interdependence

Civil and Political Rights vs. Social and Economic Rights: A Brief Overview

There have been significant conflicts in constituting both civil & political and economic & social rights. While some advocate the civil and political rights as primary rights, others claim that ... , others claim that civil and political rights are nothing without social and economic regulations. In this paper, the emergence of these rights, their characteristics, the divisions and interdependence

The Process of Power: A Process-Oriented Approach to Dissecting a Group’s Political Power

Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power,

Arbitration—From Sacred Cow to Golden Calf: Three Phases in the History of the Federal Arbitration Act

these observers of all political stripes, arbitration was a method of dispute resolution that avoided the expense, lengthy timelines, and excessive technicality of the courts. Informality, flexibility ... (recounting history of—and philosophy behind—enactment of FAA). The commercial lawyers who advocated for the FAA represented trade associations, which had proliferated in the American business community in the

The Antitrust Alternative: Promoting Public Health Through Competition

were political values that protected wellfunctioning markets, sought to democratize economic power, and most importantly, condemned corporate concentration as a public threat.75 Much of the history of ... federal enforcement of the antitrust laws was indeed colored by such a political, populist, anti-concentration hue.76 However, over time the perceived goals of the antitrust laws have been purposefully

Marriage Equality and a Lawyer's Role in the Emergence of "New" Rights

, multidisciplinary advocacy. But the development of rights seldom happens solely as a consequence of changes in judicial philosophy. As such, this Article first discusses rights as occurring in three stages and then ... and an inherent liberty that can perhaps be regarded as a right. They then establish, by means of human law, systems of property rights and political rights.?8 Thus, according to Ockham and those that

Invisible Ink: Intersectionality and Political Inquiry

Politics Commons , Law Commons, Models and Methods Commons, Other Feminist, Gender , and Sexuality Studies Commons, Other Political Science Commons, Political The ory Commons, and the Women's Studies Commons ... 1 University of Minnesota - Twin Cities , USA Follow this and additional works at: http://www.repository.law.indiana.edu/ijlse - INVISIBLE INK: INTERSECTIONALITY AND POLITICAL INQUIRY DARA Z

Qualified Immunity and the Unintentional, or Intentional, Chill on Free Speech

dangerous power that needs to be reformed, especially as technology and recording devices continue to advance. New issues have arisen since the doctrine was first established, and the political climate is ... things political, repealing the doctrine of qualified immunity is partisan, and support varies by race; however, it is not inaccurate to surmise that support is decreasing on all sides.181 According to

Incombustible Ideas: Evaluating the Impact of Federal Court Opinions Regarding Book Banning in Public-School Libraries

the maintenance of a democratic political system”). 12 See Am. Civ. Liberties Union of Fla., Inc. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177, 1200 (11th Cir. 2009) (ruling that a school board’s action ... their social, political and moral tastes and not because the books, taken as a whole, were lacking in educational value.”); see Waxman, supra note 26 (“‘We’re seeing an unprecedented volume of challenges

Syringe Service Programs in Indiana: Moving Past the “Moral” Concerns of Harm Reduction Towards Effective Legislation

emergency threshold to rally political support for an SSP near them.68 In doing so, the interests of community members can be aligned with their local politicians and create an environment of acceptance in ... scientifically unfounded reasons. Along those same lines, SSP approval should not be left to chance. Approval by a local qualified entity, in this case, amounts to little more than political or moral approval.126

An Old Illness: How the United States Uses Racist and Xenophobic Ideas About Disease to Exclude Haitian Migrants During the Covid-19 Pandemic

after the assassination of Haitian President Jovenel Moise and the resultant political turmoil.3 Still others had left Haiti years before, living and working in South American countries like Chile before ... and the vast majority of people granted asylum came from communist countries.72 As a result, despite widespread political violence and poverty imposed by the state,73 Haitians seeking asylum were