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, however, is an exercise in Thomist moral and political philosophy, arguing for the “basic goods” of human life that are the basis of practical reasoning (and which law is also essential to realize). These ... administrative agencies are to be enlisted on behalf of a political agenda that is unlikely to win democratic support. I. COMMON GOOD CONSTITUTIONALISM AND ITS OPPONENTS Early on, Vermeule offers the following
white supremacist, aristocratic power base in the South. In particular, the decision is a coda to a tragic story in which property, central to the political reconstruction of the South on a multiracial ... United States find their independence under siege by political and even authoritarian pressure.33 Against this background, we argue that a more nuanced but critical lens is warranted before lionizing Klein
economists and other experts trained in the field can analyze. Lately, prominent voices from both the political left and right have begun attacking this mainstream view and calling for an enhanced role for ... wrote in one of the most influential Chicago School articles that antitrust law is “an expression of a social philosophy, an educative force, and a political symbol of extraordinary potency.”17 Moreover
This Article advances a novel theory of the political question doctrine by locating its foundations in a conundrum about ultra vires action, exemplified by the ancient question: Who will guard the
permissible political viewpoints in curricula. This Comment argues that existing doctrine supports recognizing a student right to be free from political orthodoxy in public education. It proposes a ... , courts should evaluate whether curricular decisions restrict discussion of political viewpoints. Second, the government should have the opportunity to show that the restriction serves a legitimate interest
: money—especially the impact of economic downturns; leadership turnover and policy preferences; changes in the social, political, and crime environments; and the emergence of new technologies for ... their founding believers and political supporters move on (the police chief’s job is usually a revolving door). Still more projects are hollowed out but kept around so that mayors and chiefs have
neutral and universally applicable.53 To address this oversight, Part I draws from various disciplines, including African American studies, political theory, philosophy, psychology, sociology, rhetorical ... any other group.6 Meanwhile, time has also been invoked to advance dominant political interests in voting rights cases. When striking down key equality-seeking provisions of the 1965 Voting Rights Act7
Private Law Theory, NYC IP Law & Philosophy Workshop, St. John's Faculty Workshop, UVA Hard Cases Workshop, USC Law & Philosophy Workshop, and Edinburgh Legal Theory Workshop; and my fall 2021 Philosophical ... will become important later. For example, I do not take sides in the Hart-Dworkin debate that dominated twentieth-century legal philosophy, about the relevance of moral criteria to judging, or on the
Many states use merit-based judicial selection to limit political influence on state courts. Under merit selection, an independent, nonpartisan commission screens candidates for any open judgeship ... from these approved finalists, merit selection constrains the ability of political officials to stack the courts with partisan judges. Yet not all are convinced of merit selection's merit. Critics of
federal court goes about doing so can “change the identity, allegiance, and political priorities of . . . the [legislature] as a whole.”6 This Comment will analyze the federal courts’ unique remedial role ... nonjusticiable political question.13 So what a federal court chooses to recognize as a state policy or plan that is owed deference, if done thoughtlessly, not only amounts to picking a winner in the bitter
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
Union’s strike in Illinois. Id. at 597–98. The Court held that the federal 2023] consistent with antitrust philosophy. If one’s baseline assumption is that labor markets are essentially competitive—an ... assumption shared, not just by postwar economists, as Naidu, Posner, and Weyl acknowledged, but also by many nineteenth-century political economists26—then labor unions, as “combinations” to raise wages, are
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
courts assessing these issues in a contemporary technological landscape rife with digital political dissent and vigilante hacktivism. ... . ..............................1321 C. The Impropriety of the Rule of Lenity................................1324 IV. ADVANTAGES OF THE MAJORITY APPROACH IN PRACTICE....................1325 A. Applications in Digital Political Dissent
courts assessing these issues in a contemporary technological landscape rife with digital political dissent and vigilante hacktivism. ... . ..............................1321 C. The Impropriety of the Rule of Lenity................................1324 IV. ADVANTAGES OF THE MAJORITY APPROACH IN PRACTICE....................1325 A. Applications in Digital Political Dissent
courts assessing these issues in a contemporary technological landscape rife with digital political dissent and vigilante hacktivism. ... . ..............................1321 C. The Impropriety of the Rule of Lenity................................1324 IV. ADVANTAGES OF THE MAJORITY APPROACH IN PRACTICE....................1325 A. Applications in Digital Political Dissent
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
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
nonbinding international agreements, including “political commitments,” “informal agreements,” “informal arrangements,” “nonbinding arrangements,” “nonbinding documents,” “nonbinding instruments,” “nonbinding ... considered certain defense-related memoranda of understanding (MOUs) to be binding agreements, but its partners (Australia, Canada, and the United Kingdom) regarded them as nonbinding political commitments.38
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
