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An Immigration Law for Abolitionists (and Reactionaries)

competition, and work through normative conflict. ”). 20 . See, e.g., SARAH SONG, IMMIGRATION AND DEMOCRACY (2018); DAVID MILLER, STRANGERS IN OUR MIDST: THE POLITICAL PHILOSOPHY OF IMMIGRATION (2016); PETER H ... ...............................1323 C. Quashing Experimentation with Noncitizen Status .........................1326 D. Shoring up the Sanctity of National Immigration Law ....................1328 E. Dialectical Political Lessons for

Parliamentary Supremacy versus Judicial SupremacyHow can adversarial judicial, public, and political dialogue be institutionalised?

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 and the EU Internal Market: Just how Fundamental are the EU Treaty Freedoms?A Normative Enquiry Based on John Rawls’ Political Philosophy

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

Due Process and the Right to an Individualized Hearing

...................................................................1412 1. Adjudicative and Legislative Facts ................................................1412 2. Political Process ...............................................................................1413 3 ... ..................................................................................1416 C. Some Doubts about the Standard Justifications ...............................1417 1. Adjudicative and Legislative Facts Revisited ...............................1417 2. Political Process

Releasing the Caged Bird: A Case for Twitter as a Common Carrier

become influential in shaping public discourse. These digital platforms have established new modes of communication that enable individuals from different ethnic, political, and racial backgrounds to come ... .....................................................................1486 B. Twitter’s Influence on Political Discourse .........................................1488 II. Twitter as a Common Carrier

Associations in Prison

pursuing political or economic goals. They allow people to pursue ends that require or benefit from group activity, such as playing music together. They allow for dialogue, deliberation, negotiations ... Article makes several contributions. First, it focuses on associations themselves rather than associations as vessels for political organizing. This focus allows the Article to examine the effects of the

“Protection for Every Class of Citizens”: The New York City Draft Riots of 1863, the Equal Protection Clause, and the Government’s Duty to Protect Civil Rights

, and it has been largely forgotten in the vast literature on the social, legal, and political upheavals of the Civil War.2 The available sources do not even 1. Police Headquarters, N.Y. SUNDAY MERCURY ... , 118 MICH. L. REV. 1027 (2020) (reviewing ROBERT L. TSAI, PRACTICAL EQUALITY (2019)). 17. A Police Trial, supra note 2. 18. Social, political, and cultural historians have long recognized the ways that

Online Political Microtargeting: Promises and Threats for Democracy

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

Political Theology with a Difference

the Law and Philosophy Commons , Law and Politics Commons, and theReligion Commons Follow this and additional works at; https; //scholarship; law; uci; edu/ucilr - Political Theology with a ... and religion, I failed to appreciate how the liberal tradition of legal and political philosophy on which I work could be illuminated by the theory of the state of the exception or by political theology

Is the Political Question Doctrine Jurisdictional or Prudential?

political question doctrine. In doing so, the Ninth Circuit held that the political question doctrine was jurisdictional. As of this moment, only the Ninth Circuit has explicitly answered the question of

Reimagining American Policing

in police-civilian encounters, this new model of policing promotes a climate of reassurance within communities that promotes their social, economic, and political vitality. Instead of focusing on harm ... crime reduction are less compelling when crime is low, although the public still overestimates the amount of crime.35 Being tough on crime is less important as a political image. Additionally, people are

When Agencies Make Criminal Law

political theories of punishment: expressivism and liberalism. A latent but mostly unstated premise of both theories, I claim, is that criminalization must be undertaken by a democratic institution. Given ... illegitimate because agencies are an illegitimate source of criminal law. To say that the legitimacy of criminal laws depends on their source, though, requires a political theory of punishment—a theory that

Schuette v. Coalition to Defend Affirmative Action & the Death of the Political Process Doctrine

.....................................................172  B. Rearticulating the Hunter Principle ........................................................174  III. Schuette and the Death of the Political Process Doctrine

Fractional Sovereignty

final and absolute political authority in the political community . . . ’ and no final absolute authority exists elsewhere. ’ ” ); JEREMY RABKIN, WHY SOVEREIGNTY MATTERS 2 ( 1998 ) ( “A sovereign state is ... sovereignty . . . holds that every political community must have a locus of authority that is unlimited, undivided, and unaccountable to any higher authority. ” ); CARL SCHMITT, POLITICAL THEOLOGY: FOUR

Taxing Option Luck

luck is prominent not only in the common sense of laymen,11 but also the literature in legal theory and moral and political philosophy. 12 Of particular interest to tax scholars is how the idea relates ... to distributive justice, the area of political philosophy which examines how we ought to distribute the benefits and burdens of a society among its members through institutional design. 13 Luck

Paycheck Protection or Paycheck Deception? When Government “Subsidies” Silence Political Speech

Democracy to encourage other countries to adopt democratic principles, it was not constitutionally required to fund a program to encourage competing lines of political philosophy such as communism and fascism ... ” Silence Political Speech Brian Olney* * University of California, Irvine School of Law, Class of 2013. I would like to thank Professor Catherine Fisk for suggesting this topic, and for all her feedback

Citizenship, Voting, and Asian American Political Engagement

American’s civic engagement and political empowerment is access to the ballot and to electoral schemes that allow Asian Pacific Islander American (API) voters to elect representatives of their choice. Because

Pederi-i Şefik’ten Müstebit Hükümdara: 1876-1914 Yılları Arasında Yayımlanan Çocuk Gazetelerinde II. Abdülhamid İmajı

propaganda tools for regimes, the contribution of the periodicals for raising the ideal generation, their roles in political socialization and indoctrination of children and the varying meaning of patriotism

Do State Ethics Commissions Reduce Political Corruption? An Exploratory Investigation

Investigation VI. Discussion ................................................................................................................. 732 INTRODUCTION Political corruption is typically defined as