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relationship between political forces and political life on the one hand, and constitutional forms of law on the other. Whether on judicial review in new democracies, or on the role of courts and constitutions ... centralization and politicization of executive power; (iv) the contraction or distortion of a shared public sphere; and (v) the elimination of political competition.”9 They illustrate, by way of comparative and
refuses, if you want to go by the never-more-mainstream liberal political philosophy of John Rawls. We shall see how a Rawlsian liberal framework would in fact fit quite nicely around Professor Delgado’s ... -running democratic political order, knowing they are fated to disagree intractably over the ultimate rightness and goodness of many specific policies from time to time enacted into law by political
political polarization: it is also epistemic. ... mission, means that they can hardly exclude those who seek a platform to perform political speech, unrelated to truth. Political polarization threatens universities in several ways, and there is a reason
This Article links the U.S. founders’ ideas about “human agency”—i.e., their understandings of the link between the individual and the social and political structure—with how they designed the ... and some differences. Lee was wealthier, but both men shared a passion for political philosophy and involvement.11 Adams, however, had a somewhat different way of framing the proper starting point in
This Article links the U.S. founders’ ideas about “human agency”—i.e., their understandings of the link between the individual and the social and political structure—with how they designed the ... and some differences. Lee was wealthier, but both men shared a passion for political philosophy and involvement.11 Adams, however, had a somewhat different way of framing the proper starting point in
, political elites viewed republican government as requiring that state legislatures and, to a lesser extent, federal officials, be accountable to the people who elected them, accountability that prevented ... ).21 Rather than the legislature, the voters—using the medium of political parties, which had been cause for alarm at the Founding—became the conduits of popular preferences.22 Thus, one cannot have a
official is “corrupt” and proving so is only a matter of launching an investigation. Rather than continuing this approach—which itself is ripe for political abuse—legislatures and courts should explore means ... meetings in smoky bars or a man throwing cash at FBI agents on a yacht.1 The reality of bribery is often much more mundane. The line between acceptable and unacceptable political behavior can be startlingly
political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena—tax exemption. I also further that discussion by arguing that politically just tax ... fundamental value of political justice. To test this case, I evaluate our choice to exempt “social welfare organizations” from the U.S. income tax. In addition to efficiency and equity, I also ask whether the
create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems ... unlikely or ill-advised. ** Distinguished and Chancellor’s Professor of Law (and Political Science), University of California Irvine, and A.B. Chettle Jr. Professor of Law, Dispute Resolution and Civil
society today and its importance regarding political discourse. Part III describes how the federal courts of appeals currently analyze whether public officials’ actions on social media constitute state ... people.15 Out of all the possible uses for social media, only 29% of people use social media to post or share about political issues often (9%) or sometimes (20%).16 While only a minority of people use
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
Indian law,4 legal theory and philosophy,5 the role of regulation in banking and consumer finance,6 and others. The breadth and profound impact of Singer’s work is difficult to capture in any summary. His ... legal and political actors to reckon with both the reality and legitimacy of Native American nations’ claims to sovereignty and the preservation of their ways of life.9 He has argued powerfully for the
on promoting alternatives to the high costs and risks of litigation resonated with my own experience and philosophy, and CPR’s prestigious leadership and members included counsel for many of the ... have never ceased to be political footballs. Although the development of due process protocols and the intervention of state and federal courts and agencies have made many of these standardized
more complex than the simple origin stories of political philosophy and that our human natures are in fact, more ‘plastic’ and capable of being transformed by will, circumstances, and education.”77 D ... from a personal standpoint she explains: [G]iven my political and social concerns, it has never been enough for me to heal, solve, or reframe people’s disputes as they come on an ad hoc basis. Like many
Venezuelans, Dominicans, Hondurans, and Guatemalans.17 This range of national origin groups prompted some commentators to conclude that Latinx is a pan-ethnic identity largely born of the desire for political ... participate fully in political life as they reach voting age.25 Despite rapid growth, the Latinx population remained regionally concentrated during the 1980s and 1990s. In 1990, for instance, nearly TEXAS A&M
some see ESG as a means for creating sustainable shareholder value,4 others view ESG as a means for advancing contested values outside of the political process.5 Even as this debate continues, public ... the fiscal stability of state and local governments, and for broader political speech”); Eric John Finseth, Shareholder Activism by Public Pension Funds and the Rights of Dissenting Employees Under the
revenue measure. The TEXAS A&M LAW REVIEW logic here is that any revenue target can be reached by this approach, and the flatness of the rate structure avoids the political tussles in which interest groups ... seek to impose greater burdens on their rivals, obtain greater benefits for themselves, or obtain some combination of the above through the political process.18 It has been sometimes suggested that a
. Abraham Lincoln's Values and Philosophy , ABRAHAM LINCOLN'S CLASSROOM (May 22 , 2014 , 3 :53 PM), http://www.abrahamlincolnsclassroom. org/abrahamlincoln-in-depth/abraham-lincolns- values- and-philosophy
-political power required to claim public subsidy.39 Rather than supporting caretakers, law both “idealized” those mothers who conformed to middle-class, white gender norms and “demonized” those that deviated ... a historical construct. In the 1970s, amidst a deepening anxiety that a quarter-century of affluence was ending, political culture came to case rights as a zero-sum game.54 In this context, the anti
