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Morris Cohen's Approach to Legal Philosophy

the principles upon which they decide have ever had a constant and continuous philosophy, into the framework of which they sought to fit the cases they had to decide. High-sounding names not seldom ... conceal the fact that what the jurist has persuaded himself to regard as a new philosophy, or a new method, is in truth no more than a new terminological apparatus for an already outmoded set of concepts

Corporate Political Speech, Political Extortion, and the Competition for Corporate Charters

choice. - about thirty states,' and these state statutes have a similarly venerable historical pedigree. The vintage of this regulation of corporate political speech distinguishes it from most modem ... campaign finance regulation, which for the most part traces its roots to the Watergate era.' The regulation of corporate political speech is also distinguished by its severity. Since Buckley v Valeo,6 the

Review of Studies in Legal Philosophy by Walt Kelly

and its citizens. - Studies in Legal Philosophy. Vol. I, Pogo, 1951. Pp. 182. Vol. II, I Go Pogo, 1952. Pp. 190. By Walt Kelly. New York: Simon and Schuster. $1.00 per volume. This is a day in which ... consequence merely of economic struggle and of consequent economic and political exploitation. The Soviet revolution did indeed fail to disestablish law and the work of law, but the Edenists1 then promptly

Political Protest and the Illinois Defense of Necessity

Illinois Code, the common law, and established doctrines of constitutional law and American political philosophy. Individuals and juries should not be left to decide case by case whether the law should be ... developing the situation and reasonably believed such conduct was necessary to avoid a public or private injury greater than the injury which might reasonably result from his own conduct.' Recently, political

Political Patronage in Public Contracting

. " The term "patronage" refers generally to "the allocation of the discretionary favors of - government in exchange for political support." M. TOLCHIN & S. TOLCHIN, To THE VICTOR 5 (1971). Although ... . TOLCHN & S. TOLCHIN, supra, at 5-6; see Elrod v. Burns, 427 U.S. at 353. Patronage is often associated with corruption in public office, M. JOHNSTON, POLITICAL CORRUPTION AND PUBLIC POLICY IN AMERICA 176

Toward a Political Supreme Court

and by state courts as by the nine berobed men in Washington. The issue is rather how that new law is made and why, and what effect it will or should have. Some political scientists and some self ... we want to keep politics out of the administration of justice, we must deprive the officials who administer justice of all discretion which might be influenced by political considerations. Else there

Fear of Theory (reviewing Legal Reasoning and Political Conflict by Cass R. Sunstein)

self-effacing agnosticism by his new vision of political philosophy. The philosopher's role was no longer the traditional one of advancing grand metaphysical theories. In our society, reasonable people ... the better. The problem lies with Rawls's claim that any political theory incapable of generating an overlapping consensus must fail as a philosophical analysis. Philosophy is supposed to be about truth

Review of The Philosophy of Law in Historical Perspective by Carl Joachim Friedrich

political community organized on a constitutional basis. It would not be practicable to attempt a comprehensive critique of Friedrich's personal philosophy of law within the confines of an ordinary book ... The Philosophy of Law in Historical Perspective. By Carl Joachim Friedrich. Chicago: University of Chicago Press, 1958. Pp. x, 253. $4.75. Professor Friedrich's new work is an ambitious attempt to

Racial Preferences in Higher Education: Political Responsibility and the Judicial Role

political process.' Professor Posner, on the other hand, argues that the equal protection clause should be read to prohibit "the distribution of benefits and costs by government on racial or ethnic grounds ... , in judicial decisions, in literature and schoolbooks, in the media of mass communications, and in the rhetoric of political leaders. both humanitarian and egalitarian ideals which also have deep roots

Prometheus, Proteus, Pandora, and Procrustes Unbound: The Political Consequences of Reapportionment

preliminary assessment of its political accomplishments. In 1962 it was conventional wisdom among the cognoscenti, deleted from subsequent editions but quoted in J. P. Mayer, ed., Introduction to THE ... , the Twentieth Century Fund, and the American Political Science Association, that Malapportionment8 was to blame for the worst problems of government at every level. It was supposed to have reduced city

Political Control versus Impermissible Bias in Agency Decisionmaking: Lessons from Chevron and Mistretta

, tension between these two core constitutional values inevitably arises in the administrative state. The courts unanimously accept at least three forms of political control of agency decisionmaking. First ... mechanisms of political control influences agency decisionmaking, but no judge would use the pejorative term "bias" to characterize their effect. On the other hand, the courts have identified three situations

Meeting the Enemy (reviewing The Tempting of America: The Political Seduction of the Law by Robert H. Bork)

book as a rehash of an inadequate legal philosophy and a slightly paranoid counter-attack on his political tormentors; more charitably, one might be inclined to describe it as a forceful polemic ... make unrealistic assumptions about the resources and abilities of judges. Bork is properly skeptical, for instance, about the political usefulness of the discipline of moral philosophy, and he makes the

Review of Power and Society: A Framework for Political Inquiry by Harold D. Lasswell, Abraham Kaplan

0 Power and Society: A Framework for Political Inquiry. By Harold D. Lasswell and Abraham Kaplan. New Haven: Yale University Press , i95o. Pp. xxiv, 295. 84.oo 1 Max Pam Professor of Comparative Law ... Viennese Positivist School, gives us a book of political theory, general and systematic. We wonder about it. Will it be ingenious, convenient, a self-summary, a jogging in place, like his Politics:Who Gets

Political Gerrymandering: A Statutory Compactness Standard as an Antidote for Judicial Impotence

as much as another's."' 4 Recently the Court recognized that even where votes are equally weighted, political gerrymandering 5 denies fair and effective representation if it is designed to minimize or ... cancel out the voting strength of identifiable racial or political groups.6 It is not clear, however, whether the Court - will disapprove for gerrymandering when the voting strength readily identifiable

The Communist Control Act of 1954: A Proposed Legal-Political Theory of Free Speech

the legislation necessary. Congress found that the Communist Party purports to be a political party but is in fact "the agency of a hostile foreign power" and "an instrumentality of a conspiracy to ... heretofore been granted to said party or any subsidiary organization by reason of the laws of the United States or any political subdivision thereof, are hereby terminated." Literally, 'The Butler bill, Sen

Review of Public and Republic: Political Representation in America by Alfred de Grazia

Virginia in the 17th Century, down to the present hour when lobbies, pressure groups, and political parties weave their way through our 150,000 independent governments. I can sympathize with the worthy and ... little worried. Readers might find aid and comfort in The PoliticalCommunity (1949) by Sebastian de Grazia, a very near relative of the writer. All scholars in the field of political science and

The Province and Duty of the Political Departments (reviewing The Constitution in Congress: The Federalist Period, 1789-1801 by David P. Currie)

. He properly concedes the considerable truth in the claim: "Members of the First Congress were not wholly disinterested interpreters of the Constitution. Each had a political philosophy of his own; each ... electioneering based on knowledge gained through public service or influence wielded through public office. They denounced the unfair political advantage an unscrupulous President could gain by having subordinates

Political Science (reviewing Breaking the Vicious Circle: Toward Effective Risk Regulation by Stephen Breyer)

Political Science PoliticalScience 0 0 t Associate Professor, Georgetown University Law Center. For helpful comments, I am grateful to Bill Banks, Bill Eskridge, Cass Sunstein, Gerry Spann, and Dr ... political process. The group's mission would be to rationalize health, safety, and environmental regulation by targeting current regulatory resources on programs that would save the most human lives. Breyer

The First Amendment and Compulsory Funding of Student Government Political Resolutions at State Universities

United States Representative, a municipal initiative to legalize marijuana, and the treatment of political prisoners in foreign countries."' Some Berkeley students disagreed with these resolutions and ... university could not constitutionally use mandatory student activity fees to support a student government that passes controversial political resolutions.2 State universities use their mandatory student

The Intangible-Rights Doctrine and Political-Corruption Prosecutions under the Federal Mail Fraud Statute

federal mail fraud statute, section 1341 of Title 18,1 to combat political corruption at state and local levels.2 The greatly publicized convictions of the former governors of Illinoiss and Maryland" were ... obtaining money or property by means of false or fraudulent pretenses, representa- - does not specify political corruption as a target of its proscription. Rather, it uses general terms to prohibit "any