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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
office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
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
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
, 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
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
-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
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
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
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
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
