Advanced search    

Search: Political Philosophy

313 papers found.
Use AND, OR, NOT, +word, -word, "long phrase", (parentheses) to fine-tune your search.

All Pain, Whose Gain? A Fifty-State Analysis of the Independent State Legislature Doctrine for Redistricting

the governor. The original political goals of the ISL doctrine were the 2000 and 2016 Presidential elections. The doctrine has recently come before the Supreme Court in Moore v. Harper, a case ... would be highly asymmetric to the major political parties, giving considerable advantage to Democrats because it would undo an existing propensity for reform or judicial intervention in Democratic-leaning

Tales Out of School: Delineating Student Speech Protections for the Digital Age

” banner.2 After the game, the coaches complained that the banners were racist and were meant to intimidate the visiting team—which consisted of all Black players.3 The coaches argued that such political ... how political debates in our country have not only become more divisive but have also infiltrated all aspects of our lives, including high school sports. When political issues move into the school

(Trade)mark America Great Again: Should Political Slogans Be Able to Receive Trademark Protection?

In late 2016, Donald Trump was granted trademark protection for his presidential campaign slogan, “Make America Great Again.” This registration is one of few—if not the only—political slogans

Refining Statutory Construction: Contextualism & Deference

statutes passed by a legislative body with political legitimacy get interpreted by those branches of government possessing the corresponding legitimate power of application or interpretation?4 The former ... —conclusions which are in the spirit, though not within the letter of the text.” Francis Lieber, Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics, With

The scientist citizen: time to become political

and the vigorous public debate reveal an urgency to be heard and to engage socially and politically. In his work Politics, Aristotle stated that man is by nature a political animal. In ancient Greek ... potential and live well by actively participating in society. With global politics in flux there is a pressing need to ensure that evidence and reasoned argument rather than ideology and political

The Role of State Courts in Constraining Partisan Gerrymandering in Congressional Elections

S . Cervas is a postdoctoral fellow, Carnegie Mellon University. Grofman is a Distinguished Professor, Department of Political Science, University of California Irvine and inaugural Jack W. Peltason ... legislature had the primary responsibility for producing new maps.3 Political gerrymanders are most likely to occur when all aspects of the line-drawing process are controlled by a single political party.4 The

Editor's Foreword

New Hampshire Franklin Pierce School of Law for at least two key reasons. First, as many political observers are aware, the State of New Hampshire hosts the first-inthe-nation presidential primary,2 ... which has shaped the presidential nomination process for many years. It should come as no surprise that civic and political participation is a responsibility that New Hampshire residents—and members of

State Constitutional Limits on New Hampshire's Taxing Power: Historical Development and Modern State

essential principles in more than one place, in more than one way, and in language that to modern eyes is more suited to political philosophy than to positive law. Most of it was copied from the original ... N.H. 219, 239 (1880). The excise article was also missing from Adams‘s original draft. 4 ADAMS, supra note 3, at 233 n.3. Hostility to excises was part of an established political tradition in England

State Constitutional Limits on New Hampshire's Taxing Power: Historical Development and Modern State

essential principles in more than one place, in more than one way, and in language that to modern eyes is more suited to political philosophy than to positive law. Most of it was copied from the original ... N.H. 219, 239 (1880). The excise article was also missing from Adams‘s original draft. 4 ADAMS, supra note 3, at 233 n.3. Hostility to excises was part of an established political tradition in England

Rediscovering Antitrust's Lost Values

This Article traces Congress’s consistent balancing and blending of social, political, moral, and economic values and objectives over the course of nearly 120 years of antitrust legislation. As a ... intellectual inertia. For over 40 years, it has teetered between strict reliance on neoclassical economics and a deeply conservative political philosophy characterized, at its most benign, by a distrust of

Abortion Restrictions During a Pandemic at the Intersection of the 13th Amendment and Electoral Legislation

measures. They raise major legal and political questions with regard to reproductive rights and individual freedom. As the state continues to impose and exercise strong and unequal constraints on women's ... restrictions on abortion resulting from the proclamation of a state of emergency follow the path already taken by certain states to reinforce their coercive measures. They raise major legal and political

First in Elections, First in Reforms: Can New Hampshire be First in the Nation to Implement Changes to Campaign Finance?

, mailings, and emails. Candidates attend house parties, high-priced dinners, and donor meetings in hopes of winning the fundraising race, separate, of course, from the actual political race to win the ... , Political Action Committees, and unions—support favorable candidates by advertising and providing other outreach to show their support. And with the impact of the Citizens United decision, corporations now

The Ministerial Role of the President of the Senate in Counting Electoral Votes: A Post-January 6 Perspective

,”51 but that characterization soon proved generous and wrong. Although political parties began slotting candidates for president and vice president, electors could not discriminate between their two ... Constitution or other law makes 54 GOLDSTEIN, WHITE HOUSE VICE PRESIDENCY,supra note 46, at 13, 21–22. 55 See generally JOEL K. GOLDSTEIN, THE MODERN AMERICAN VICE PRESIDENCY: THE TRANSFORMATION OF A POLITICAL

Is there a Rational Basis for NH’s War on Marijuana Anymore?

://perma.cc/KE6R-N4N2] (describing observations about “bro” culture); Gene Demby, Jeah! We Mapped Out the 4 Basic Aspects of Being a Bro, NPR justified and helpful in consolidating her political position ... against their efforts to regain control.6 She knows, from history, that criminalizing and incarcerating this group is one powerful strategy she could pursue as a means to powerful political ends.7 To these

Scientists with intersecting privilege must work towards institutional inclusion

medical conditions was an equitable decision. Inclusion is based on the philosophy that everyone should be able to be their authentic selves at work; be welcomed and valued as they are; and be provided

Law and Sampling Theory

while the costs are distributed, powerful political interests demand the continued level of allocation, or the people who would benefit from change lack either the capacity or will to seek it out ... whether capital punishment should be replaced requires the holistic view that sampling theory offers. While sampling theory uses some of the insights of legal and economic philosophy, sampling theory

Against Imperialism in Legal Concepts

necessary for maximizing the rational and moral legitimacy of law, which coercively regulates the behavior of ordinary citizens at the command of political and legal authorities. Legal rules and commands must ... ). Although I do not believe so, some believe that the exclusive value of pragmatic naturalism may be restricted to practical fields such as legal philosophy, which by definition concerns political positive law

Interpreting Parenting Plans as Contracts

When parents are divorced or separated, a parenting plan serves as a legal instrument to govern the means by which they raise their children. Most parents are able to compromise and reach an agreed-upon parenting plan without resorting to a trial or court intervention. These agreed-upon parenting plans are, in a manner of speaking, contracts that these parents must abide by. But...

Uncloaking the Invisible Hand: Reintroducing Fairness to Antitrust Analyses

welfare. The antitrust scholar group, informally known as the ‘Hipster Antitrust’ movement, focuses on reinvigorating simultaneous moral, political, and economic considerations.1 The former argues that low ... income inequality and labor abuses, and gives undue political influence to too few people.”3 Despite antitrust law’s origins in “deep suspicion of concentrated private power, [antitrust] now often promote