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proving troublesome to contemporary jurists and political theorists. Only a few weeks ago, the first meeting of the newly formed American Society for Political and Legal Philosophy, held at Brookings
Lincoln speech better examines the threats to civil order and American constitutional government than his 1838 address to the Young Men’s Lyceum of Springfield, Illinois: “The Perpetuation of Our Political ... politics now face in our time. The Lyceum speech first critiques mob violence and lawlessness, then addresses threats to institutions and order from political leaders themselves.7 Lincoln first extols the
Stone’s formulation from footnote four of United States v. Carolene Products and engaging in a more searching judicial review of majoritarian decisions in instances where the pluralist political give-and ... political give-and-take had broken down.1 While the subsequent Burger, Rehnquist, and Roberts Courts have undermined much of the Warren Court’s † Fellow, Carr Center for Human Rights, Harvard Kennedy School
(Excerpt) Protecting free speech has been a foundational principle of American democracy since the nation’s founding. A core element of free speech has long been a prohibition on regulating political ... In addition to these threats and tied directly to how the United States regulates political speech, America finds itself deeply divided, with its citizens rejecting facts and information they disagree
memories of past, the hawelti remain glittering stones where people gather. People do not always think about death when they see these monuments. Instead, they feature in music videos, on political flyers ... here to discuss points of philosophy and culture. The children stray and their ball skirts by the old philosophers. The men yell and shoo the kids off and discuss the philosophy of children, the
educators can draw on archaeology to enrich and enliven student learning through doing, both within and beyond the African continent. Problematizing an Academic Model of the Mind Western philosophy has long ... .” Qualification here is not limited to a specific trade or role in society but includes “the many ways we become part of a particular social, cultural, and political ‘orders’” (Biesta, 2016, p. 20) . Viewed in
(Excerpt) Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new ... legitimacy. The neutralist theory of legitimacy was given its fullest expression by twentieth-century political theorist John Rawls but is rooted in the philosophy of Enlightenment philosopher Immanuel Kant.75
The emergence of socio-political differentiation is a core theme in world prehistory, and the West African archaeological record offers unique insights into the range of pathways towards increasing ... degree of compound size variation at the site and neighborhood levels using well-established econometric methods that increasingly feature in archaeological studies of inequality and socio-political
envisioned as a resource for awakening the interests of the African publics to the relevance of archaeology for social, political, economic, and “developmental” aspirations. To achieve this goal, it is ... the African Diaspora, his scholarship has significantly advanced our understanding of the early modern world, state formation, political economy of landscape, and urbanism. He has conducted extensive
confronted with cannabis related revocations, as state and federal cannabis laws have diverged, judges have increasingly faced serious questions of penological philosophy when asked to punish those engaged in ... civilian lives.45 As a result, the original statute did not provide for a possibility of revocation.46 However, as a result of skepticism surrounding the new statutory regime and growing political pressures
additional works at: https://scholarship.law.stjohns.edu/lawreview PROP UP THE HEAVENLY CHORUS? LABOR UNIONS, TAX POLICY, AND POLITICAL VOICE EQUALITY PHILIP T. HACKNEY† “The function of democracy has been ... weak politically and continue to decline in number and political power in the United States.1 Many contend that this is a positive development for the country because they believe labor unions cause
Amendment it is important to note that the quest for women’s first-class citizenship, which I define as equal participation in all aspects of the American political process, has not been achieved. While white ... been achieved. While white women have greater access to the franchise than non-whites, they are not necessarily considered political equals on the ballot. Legal scholar Reva Siegel points out that fifty
political sense to bear on the operation of the Constitution during Jim Crow, Prohibition, and the New Deal. And in speeches to British and American audiences over many decades, Churchill frequently turned to ... constitutional philosophy, we must first clear up the common misunderstanding that he saw democracy as a second-best solution. The misunderstanding stems from his line to the House of Commons, which is often 13 A
. ENCYC. PHIL. (June 15, 2018), https://plato.stanford.edu/entries/aristotleethics/#InteVirt [https://perma.cc/7SGY-PGRS]. 64 See John Finnis, Aquinas’ Moral, Political, and Legal Philosophy, STAN ... FOURTEENTH AMENDMENT (2d ed. 1997); ROBERT H. BORK, THE TEMPTING OF AMERICA: THE POLITICAL SEDUCTION OF THE LAW 143–85 (1990); RANDY E. BARNETT, RESTORING THE LOST CONSTITUTION: THE PRESUMPTION OF LIBERTY 1–5
THE PHILOSOPHY OF LAW OF JAMES WILSON. By William F. Obering. ington: Catholic University Press, 1938, pp. x, 324. Wash In this day of fierce controversy and bitter debate over political, social and ... perplexing problems. In view of this critical situation it is well for us to make a study of our political origins. Dr. Obering has contributed this most interesting monograph on "The Philosophy of Law of
are confronted at this point by a fundamental question of social and political philosophy. I do not believe that the jurist has to do more than recognize the problem and perceive that it is presented to ... philosophy could serve them no longer. They did not perceive that the ,facts of political life which it assumed and interpreted were changing fundamentally. But they did perceive vividly that its theory of the
are confronted at this point by a fundamental question of social and political philosophy. I do not believe that the jurist has to do more than recognize the problem and perceive that it is presented to ... philosophy could serve them no longer. They did not perceive that the ,facts of political life which it assumed and interpreted were changing fundamentally. But they did perceive vividly that its theory of the
Amendment. Next, this Article explores modern parallels to the suffragettes’ story, where nativist approaches propelled success for movements around issues, people, and political parties. Finally, this ... pushing down. The temptation for one political group to pursue gains by vilifying non-nationals is strong, in large part because doing so works. In this section, I explore modern examples of issue success
that their works will endure long past this moment of social and political reckoning. Manhattan based artist Amir Diop expressed his wishes simply but eloquently: “My hope is that [my art] is a part of ... important implications for works of street art, which are often subversive and political in nature.111 Street artists are able to broadcast messages through their art to global audiences, bringing certain
largely been determined by whether courts view removal as an exclusively political judgment entrusted to the executive and legislative branches or whether the court views itself as retaining some role at ... would be tortured in his home country because of his prior political activity.271 He also claimed a substantive due process right to be free from removal to torture but did not point to actions by the
