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Witness for the Self: Miranda v. Arizona’s Political Theology

authorized editor of Digital Commons @ Touro Law Center. For more information , please contact Follow this and additional works at: https://digitalcommons.tourolaw.edu/lawreview Philosophy Commons, and the

“Improve Your Privileges While They Stay”: A Guide to Improve the Privileges of U.S. Citizenship for Everybody

4 1 ALLEN, supra note 3, at 24; JEREMIAH DUMMER, A DEFENCE OF THE NEWENGLAND CHARTERS 29 (1715), quoted by JAMES OTIS, COLLECTED POLITICAL WRITINGS OF JAMES OTIS 161–62 (Richard Samuelson ed., 2015 ... political entity possesses anything like Parliament’s plenary authority and legal supremacy.”). 17 Nixon v. Fitzgerald, 457 U.S. 731, 766 (1982) (White, J., dissenting) (“Attaching absolute immunity to the

Reaching Out Through the Universal: The Powerful and Positive Role of a Jesuit Catholic Law School on the Secular Line

(“Therefore, the first precept of law is that good ought to be done and pursued and that evil ought to be avoided.”). 13 Id.; see also John Finnis, Aquinas’ Moral, Political, and Legal Philosophy, in THE ... STANFORD ENCYCLOPEDIA OF PHILOSOPHY, at § 3.2 (Edward N. Zalta ed., Spring 2021 ed.), https://plato.stanford.edu/archives/spr2021/entries/aquinas-moral-political/. 1062 TOURO LAW REVIEW Yes, this can

From Political Hebraism and Jewish Law to the Comparative Paradigm

Press, 2005). 37 The Jewish Political Tradition project explicitly excludes “detached scholary” approaches (Walzer, supra note 35, at i); Compare MENACHEM LORBERBAUM, THE RELIGIOUS ASPECT OF PHILOSOPHY ... of its “tradition.” Law didn’t need religion as a source of authority, basing itself instead of on philosophy and political processes, arranged and formulated according to analytical and conceptual

The History of Religious Hiring at American Catholic Law Schools

the American church.16 Prior to its creation, an American bishop who wanted a priest to receive advanced study in theology, philosophy, or canon law had to send the candidate abroad to one of the ... professional training,21 although with some attention paid to scholastic legal philosophy and the goal of forming men who would make a distinctly Catholic contribution to the legal profession.22 This

Political Liberalism and the Fate of Unreasonable People

who reject the fundamental values and principles of liberal democracy. In John Rawls’s political liberal project, this issue centers on the discussion of unreasonable people.1 The difficulty is that

Denial of Housing to African Americans: Post-Slavery Reflections from a Civil Rights Advocate

advocacy and legal actions, (5) modern ideological and political forces, and (6) indelible impressions. These lessons are offered in hopes that they will inform the work of other social justice advocates ... nationally as a structural racism expert grounded by theory and practice, and recognized in academia, in the media, by civic and political leaders, and by the general populace. Fifth, it is vital to have a

Selling Sex: (More) Evidence for Decriminalization

, finding destigmatization of the sex work industry as central to the increased agency and well-being of sex workers and their clients. This paper also employs the libertarian philosophy, according to which ... opposition to sexist oppression to create a transnational feminism.2 Though this paper focuses on sex work in the U.S., we use Serene Khader’s transnational feminist philosophy to lay the groundwork for

Robert Cover and International Law—Narrative Nudges and Nomadic Nomos

been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors ... . REV. 177 (2012). 5 See Martti Koskenniemi, Why History of International Law Today?, 4 RECHTSGESCHICHTE 61, 63-64 (2004) (“In addition to the sense of an increased political possibility connected with

Political Gerrymandering: Was Elbridge Gerry Right

inclusion in Touro Law Review by an authorized editor of Digital Commons @ Touro Law Center. For more information , please contact - Article 9 POLITICAL GERRYMANDERING: WAS ELBRIDGE GERRY RIGHT? C ... Cause,2 The League of Women * Professor of Law and Political Science, Touro College 1 Such redistricting is required by the constitutional principle of one person/one vote announced by the United States

Banning Abortions Based on a Prenatal Diagnosis of Down Syndrome: The Future of Abortion Regulation

the history of abortion jurisprudence and genetic abnormalities generally. Further, it discusses abortion law as it pertains to the exceedingly political regulation of abortions that follow a Down ... the lack of funding for abortions undoubtfully creates an obstacle. However, due to the varying social and political dynamics of each state, it is difficult to create a national standard. In Whole

Justice Accused at 45: Reflections on Robert Cover’s Masterwork

letter of the law and retain the basic structure of constitutional law in the United States when doing so threatens to warp the constitutional fabric, undermine the political regime, and risk an ... ). See also Martin Luther King, Jr., Letter from a Birmingham Jail, in AMERICAN POLITICAL THOUGHT: FOUR HUNDRED YEARS OF IDEAS AND IDEOLOGIES 406, 406-16 (Sue Davis ed., 1996). 5 THE POLITICAL IDEAS OF ST

An Evolution of Values: An Examination of the Rise of Accountability and Equity Oriented Reform in Career and Technical Education

Competing societal and political values have historically facilitated shifts in the policies surrounding, the goals of, and the practices within Career and Technical Education (CTE). These values ... how a confluence of societal and political factors facilitated changes in the values, goals, and practices of vocational education. In so doing, the present manuscript seeks to underscore how modern

2022 Conference of Religiously Affiliated Law Schools: Reflections on Faculty Vocation and Support

Particular Reference to Catholic Law Schools), 26 U. DAYTON L. REV. 293 (2001) [hereinafter Moral Controversy]; Daniel R. Suhr, Lessons for Law School Deans Regarding Catholics in Political Life, 8 GEO. J.L ... religious identity affects the life of each law school, vary greatly. Religiously affiliated law schools frequently conflict with each other on theological, moral, political and social issues.”23 My

The Conference of Religiously Affiliated Law Schools Foreword

houses scholarly materials dedicated to Jewish law, Jewish philosophy, and Jewish history.5 The articles published in this Conference Issue of the Touro Law Review provide a sampling of the papers

‘Nothing About Us Without Us’: Toward a Liberatory Heterodox Halakha

-political realities, develop attempts to transform halakhic life and discourse. Inspired by Cover, they each offer reflections of an approach to halakha as it could be, imagining alternative approaches to ... ) (discussing its political implications). * Laynie Soloman is the Associate Rosh Yeshiva at SVARA: A Traditionally Radical Yeshiva. We have benefited greatly from the comments of Rachel Adler, David Ellenson

Bridges of Law, Ideology, and Commitment

Husserl and Heidegger. Edward F. Findlay, Classical Ethics and Postmodern Critique: Political Philosophy in Václav Havel and Jan Patočka, 61 REV. OF POL. 403, 415-16 (1999). The Power of the Powerless is ... , please contact 2 Philosophy Commons, Law and Race Commons, and the Law and Society Commons 3 Published by Digital Commons @ Touro Law Center Recommended Citation Winter, Steven L. (2022) "Bridges of Law

Lawyer as Presidents–a Rising Trend in Higher Education (May It Please the Campus: Lawyers Leading Higher Education by Patricia E. Salkin)

political orientations. Salkin matches these experiences with the great range of skills needed to lead a college or university.5 Her list is daunting: “financial acuity, cultural competency, technological ... deftness, crisis management, entrepreneurial mindset, political savviness, empathy and respect, multi-genre communication skills, high emotional intelligence, and agility.”6 She goes on to provide detailed

Violence Against the Academy: A Comparative Analysis of Attacks and Implications for the Future of Higher Education

analysis of political attacks on higher education, defined for this purpose as attacks supported, ignored, or perpetuated by political powers. The units of analysis are Zimbabwe and Iraq, selected for their ... collection as a methodological approach and Galtung’s (1990) Violence Triangle as a lens for document analysis. Contextual equivalency between Zimbabwe and Iraq is established; political attacks on higher

When Interpretive Communities Clash on Immigration Law: The Courts’ Mediating Role in Noncitizens’ Rights and Remedies

measure of deference for the political branches while checking arbitrary government actions that put noncitizens at risk. ... context, the Article argues that courts should require more tailored government actions and acknowledge the need for workable enforcement. This approach preserves a measure of deference for the political