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was a split largely across political lines; “permissive” jurisdictions promoted ideas of individual freedom and condemnation of government-imposed punishment, while “restrictive” jurisdictions ... these ideas have presumed this as a purely political divide. However, if we accept the assertions of either approach at face value, bracketing political concerns, is the difference in approaches found in
from pre-trial release marked a shift in the philosophy of bail.19 Before the introduction of monetary bail as a punishment tactic, the primary purpose of bail was to ensure a defendant’s reappearance ... district attorneys are elected, so keeping a defendant imprisoned for as long as possible is sensible to their political motivations.41 Politics, of course, rarely follows empirical data unless it is
The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
, depending on the controlling political party and its underlying philosophy. Issues of fundamental bodily autonomy and individual control over one’s own medical care should not be left exclusively to the ... surgeries. Doing so strikes the proper balance between the rights of minors and their protection while preventing overly permissive or restrictive rules based on the political currents of the moment. II
the candidates running for that office underneath or beside it.2 In New Jersey, however, primary ballots are designed differently. Chairs from county branches of both major political parties decide the ... of the state’s population.14 This disproportionate representation is attributable to the political party chairs—overwhelmingly white and male—who determine the candidate endorsements for the county
article examines New Jersey's unique county line primary ballots; specifically, how the county line ballots affect primary election outcomes, and how that, in turn, impacts the state's political system ... election outcomes, I analyzed the results of congressional and senatorial primary election contests held between 2002 and 2022 in which political parties in different counties endorsed different primary
to quasi-judicial immunity for prosecutors to allow for civil liability and possible criminal liability to protect the integrity of the legal profession based on the political ideals of the Rule of Law ... meaningful regulation encompasses federal and state courts. The courts are left open to political favoritism, personal self-interests, and Jackson v. City of Cleveland, 925 F.3d 793, 823 (6th Cir. 2019). Id
old mechanisms might be considered innocuous so long as their effects are incidental. It is essential to avoid conflating the consequences of ballot design with those of endorsement by the political ... of either candidate quality or the support they are otherwise provided by political parties. Further, using the tools of cognitive and statistical science, we propose a multi-part test to distinguish
designations; accompanying instructions”) (providing that “In the columns at the extreme left shall be printed the name of each of the political parties.”); see also Ballot Data, supra note 2. 17 See generally ... , not write-in winners. An “independent” candidate is defined as a candidate without the nomination of any organized political party. Some minor party nominees for legislature have been elected in the
.8 Section 230 draws the ire of many across the political spectrum. During the COVID-1 9 pandemic and the 2020 election cycle, social media platforms began policing content more than ever before ... clause of Section 230 relevant.24 The law’s current form draws the ire of politicians and the media across the political spectrum.25 SETON HALL JLPP Here lies the conundrum: the drafters of Section 230
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
,” ballot design, and its effects on political representation in New Jersey and beyond. The Book opens with The End of the Line: Abolishing New Jersey’s Antidemocratic Primary Ballot Design,2 an article by
, political, and religious affairs. Instead, it sought a teleological understanding of the Constitution by interpreting general textualized principles, like liberty. In doing so, the Court constitutionalized
“supreme international crime,” was first prosecuted after World War II.19 Prominent German and Japanese political and military leaders were arrested, tried, and punished for illegally planning and executing ... time, humanity had outlawed – no, criminalized – war.23 Despite that early promise, hopes born from the ashes of a hot war soon gave way to the realpolitik of a cold war.24 Political dysfunction at the
NLRB and the SEC,196 poor political compromise left it with a toothless mechanism for achieving Congress’s lofty vision of eradicating employment discrimination.197 As a result, the EEOC has been ... institutions — within one year after the #MeToo hashtag went viral on Twitter.204 A few years later, there is a strong wave of political momentum — as evidenced by the 2022 FAA amendment — for Congress to give
like the Restoring Justice for Workers Act is required to enact change.169 The way said federal legislation arises is significant for both political and legal reasons. Lawmakers can stomach small ... legislatures due to the risk-averse nature of slower change.171 If there was political motivation to pass the Restoring Justice for Workers Act, it would likely achieve its goal. The structure of the Restoring
This edition is comprised of Lincoln Memorial University Duncan School of Law’s symposium “Navigating the Political Divide: Lesson from Lincoln,” held April 20, 2012 in Knoxville, TN. Authors and ... to the presidency two years later. Are we, therefore, simply left with the possibility that a modern candidate stretched a historical reference well beyond its original meaning for political ends
in Colorado, which helped set the blueprint for legalization schemes elsewhere in the U.S., privileged economic arguments over justice concerns to build the political coalition necessary for it to pass ... .99 Not only were schools a generally safe political bet at the time, but school funding is also tied to property taxes.100 Dedicating cannabis tax revenues to SETON HALL LEGISLATIVE JOURNAL schools
political affiliation, were also analyzed for potential causal relationships. The surprising results of this novel study will help inform abolitionist advocates as to the best practices for promoting their ... viewed based on the race and political affiliation of participants (discussed below). B. GENDER Gender is “one of the strongest and most persistent predictors” of death penalty support.17 The results of
