Loading...
suggests that the parent-child-state triad has another participant: political partisanship. The triad thus becomes a triangular pyramid, with partisanship at the top. The rhetoric of parental rights is used ... political partisanship in the country as a whole, framing the broader culture wars, and 1 Parental rights become part of a “political practice” of originalism that is antiabortion. Reva Siegel, Memory Games
Law and Adjunct Professor of Political Science, University of Wyoming 1 See MICHAEL A. BAILEY & FORREST MALTZMAN, THE CONSTRAINED COURT: LAW, POLITICS, AND THE DECISIONS JUSTICES MAKE 15-16, 65-66 (2011 ... ); CHARLES GARDNER INTRODUCTION An increasing number of legal scholars and political scientists acknowledge that, in most cases, Supreme Court decision-making is based on neither pure law nor pure politics.1
benefits of employing a private property framework are low while the associated costs-inefficiency, regressivity, and political dysfunction-are very high. In the context of the vast inequalities typical in ... the digital realm and data's role as a medium of political control, private property's regressivity-driving features increase wealth-based allocation of political power. When applied to data, private
, at 72; see also Robert F. Wagner, The Philosophy of the Wagner Act of 1935, 32 ST. JOHN’S L. REV. 1, 3–5 (1957). 42 See Barbara J. Fick, Political Abuse of Hiring Halls: Comparative Treatment Under ... persisted within skilled trade unions.66 2. The NLRA and Racial Discrimination The Wagner Act was a product of political compromise, and consequently, it did not include provisions to combat racial
, religion, nationality, membership of a particular social group[,] or political opinion” to qualify as a refugee.6 In order to set forth a cognizable social group claim, petitioners must demonstrate that “the ... social groups that lack the political and economic power to protect themselves from such environmental harm. This Comment therefore proposes that climate migrants of coastal communities impacted by both
II), 37 (Feb. 7, 1997); Peace Agreement Between the Government of Liberia, the Liberians United for Reconciliation and Democracy, the Movement of Democracy in Liberia and the Political Parties, U.N ... commonplace.12 Scholar Makau Mutua poetically contends that “in many circles, transitional justice has become an article of faith as a catalyst for reclaiming societies in political and social imbalance and
presidential aspirations, did not give up despite Nixon’s veto. Adopting a posture more likely to appeal to the general public on both sides of the political spectrum, Senator Mondale—still wanting to direct ... Congress, and it was vetoed in a moment of political passion and ultimate paternalism.” Roth, supra note 40, at 31–32. 44 See MICAL RAZ, ABUSIVE POLICIES: HOW THE AMERICAN CHILD WELFARE SYSTEM LOST ITS WAY
-accepted narrative about the political history of the Hatch-Waxman Amendments and the nature of the resulting legislation. Conventional wisdom holds that the legislation represented a compromise between the ... written contemporaneously by participants in the policymaking process.24 This Article steps into the gap by offering a contextualized history of the statute and describing its political economy. It takes a
1 2 J.D. Candidate , 2024 , Seton Hall University School of Law; B.A., The College of New Jersey , Political Science , USA One morning in the spring of 2011, Sidney Webb visited his younger brother ... was a swift political response to provide emergency relief for Texans, but thousands of people in prison were simply forgotten.55 Ultimately, “a third of the State’s prisons lost power[,]” and twenty
perhaps scholarship, but unless constitutional law has a sanction it is nothing more than rhetoric; the ability to sanction a judgment depends completely on the will of the current political majority. The ... and members of his party almost as soon as it was announced. Scholarly commentary about the unique American contribution to political science—an independent judiciary exercising the power of judicial
the economy’s regular activity.28 These shocks can derive, for example, from a monetary shock (the amount of money in the market), a technological shock (emerging new technologies), and even political ... legislative process is completed on time, political considerations may cause the actual fiscal stabilizer to differ from the original one and make it inaccurate.59 The following paragraphs illustrate how the
amended the Code to place an absolute prohibition on political campaigning by these tax-exempt organizations. While these amendments did not specifically target churches and other houses of worship, they ... fulfill its mission while acting within the confines of the law. This proposal would allow the future involvement of the Church and other houses of worship in political activity, with these entities funding
than seventy-five lawsuits arose between 1964 and 1974 in response to police surveillance of political and social groups.19 This time period demonstrates the harm law enforcement monitoring of religious ... identical to claims of purely religious practice chilling, it is particularly noteworthy because religious practice, political organizing, and speech are all interconnected, protected activities that suffer
Coenen , Courtney Cox, Jae Lee, Liam Murphy, Sam Scheffler, Guy Sela, Jeremy Waldron , Daniel Viehoff and participants at the NYU Colloquium in Legal, Political and Social Philosophy for helpful comments ... . I am also grateful for feedback on earlier versions of this paper and the ideas in it at a conference at All Soul's College, Oxford University, a Law & Philosophy workshop at Yale Law School, and a
American legal, political, and social life.21 I acknowledge that reverence seems like an inapposite term because it is religious, and the argument might be that we should maintain the barrier between the ... the Constitution recognized as citizens in the several States, became also citizens of this new political body; but none other; it was formed by them, and for them and their posterity, but for no one
included the legislature’s expansion of felon disenfranchisement as a mechanism to suppress the political power of newly freed enslaved people.22 Although Florida’s defenders of felon disenfranchisement ... from the voter registration books.51 One citizen refused to remove his name, 318 and he was forced out of the county.52 With this political climate, Florida held a constitutional convention in 1968
Id. 13 This statement synthesizes the analytical frameworks of justice in several landmark works: JOHN M. ALEXANDER, CAPABILITIES AND SOCIAL JUSTICE: THE POLITICAL PHILOSOPHY OF AMARTYA SEN AND MARTHA ... , political, and social inequalities, as well as forces like systemic racism, oppression, and the long-term impacts of colonialism. In both the Flint and Atlanta examples, officials and planners failed to plan
your work intentionally and it truly is your passion, you will adopt the philosophy espoused by Saint Augustine in the fifth century and adopted by St. Benedict as a central tenet of the Rule of Benedict ... : “laborare est orare” or “work is prayer.” By that philosophy, work is a pursuit that fulfills and enlivens, a rewarding spiritual exercise that gives meaning to life. And so at your first job, and at every
punishment for speech, has to track the agency of the speaker. Holmes did not believe that. Regard for human agency did not play a large role in his legal or political philosophy. About Kant’s postulate that ... . 2000) (“In political philosophy, Holmes was a preference utilitarian; he thought that people would naturally pursue their desires, and that the best system of government was one that gave them the most
rights, such as the right to petition the government, the right to associate, and the right to post political signs.137 Interestingly, the Supreme Court has had the most difficulty with determining this ... restrictions”). 116 See id . at 298-99. 117 U.S. CONST. amend. I. 118 In Cal . Motor Transp. Co. v. Trucking Unlimited, the Supreme Court stated that the “same philosophy governs the approach of citizens or
