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
compelling state interest in reducing economic inequality’s transmission into political inequality. The Article makes two principal contributions. First, it updates criticisms of the Supreme Court’s campaign ... political equality throughout the country. And the decision’s mode of First Amendment analysis threatens other laws that strengthen both public and private sector unions’ ability to do so. In Janus the Court
rewriting: these are a feminist anti-war stance that is distinct from the anti-war stance of male poets like Seferis; the peace movements of the Cold War period and their political reverberations in Greece in ... briefer if pertinent observations, generally highlighting the political impact of the play on the work of modern poets. In their respective studies, Michelakis and Hall systematically explore subversive
the relationship between an administrative norm and a political movement and style, and what democracy’s current state portends for transparency’s future. ... developed and provided support for the claim that information disclosure can help solve political and social problems,4 while nongovernmental organizations advocate nationally and transnationally on
the justification of law’s claims to authority and our obedience to those claims. This Article is an exercise in analytic legal philosophy. It clarifies the nature of authority, obedience, and ... version of Wolff’s philosophical anarchism, see Matthew Smith, Political Obligation and the Self, 86 PHILOSOPHY AND PHENOMENOLOGICAL RESEARCH, 2, 384 ( 2011 ). Thankfully, however, we need not resolve the
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
PHILOSOPHY OF MATHEMATICS 6 (rev. ed. 1996). An opposed epistemic vice might involve, for example, a knowing indulgence of one’s own confirmation bias in seeking and assessing evidence on political questions
, 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
preferences than they would be if they abided by some normative theory of choice other than RCT. In this paper, I combine insights from philosophy of action, philosophy of mind and the normative foundations of
, 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
’), which shows awareness of the climate of political unrest and turbulence that affected the country. Rhys’s interpretation of ‘modern’ anticipates what James Milne in ‘The Popular Reprint in England ... . It also invites further reflection on the political and canonizing appeal to the future of publishing which projects as ambitious as Everyman were making. It is only in retrospect that the ‘past’ can
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
LABOR RELATIONS ACT PREEMPTS POLITICAL SUBDIVISIONS FROM REGULATING UNION-SECURITY AGREEMENTS Michael Soder I. INTRODUCTION “Right-to-work laws” are a bit of a misnomer. Rather than referring to laws ... right-to-work laws but 912 UNIVERSITY OF CINCINNATI LAW REVIEW [VOL. 88 is silent regarding whether political subdivisions of a state, such as cities, municipalities, counties, or townships, have the
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
