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about the merits of libertarianism as either a political philosophy or a specific approach to the Constitution. Although I admire Professor Barnett’s book (and, for that matter, the intellectual ... DEMOCRACY POLITICAL IGNORANCE CONSTITUTIONAL REFORM In this Debate, Professors Ilya Somin and Sanford Levinson discuss the constitutional implications of a federal government whose “size, scope, and
The 25 years following the Supreme Court's landmark decision in Roe v. Wade have seen a tremendous amount of social and political activism on both sides of the abortion controversy. Far from settling
political debates about Puerto Rico's status. This Note illustrates how struggles for self-determination and sovereignty manifest themselves beyond the legal and political realms, inspiringlocal fights for a ... board, housing crisis, austerity measures, Hurricane Maria, and the recent resignation of former governor Ricardo Rossell6 have revived social, economic, and political debates about Puerto Rico's status
When the Unborn Victims of Violence Act (UVVA) was signed into law on April 1, 2004, the federal government dishonored nothing less pedigreed than its founding philosophy. The UVVA criminalizes harm ... , the political theory underpinning this nation's constitution, 3 and thereby conduce to the subordination of women. 4 1. Pub. L. No. 108-212, § 1, 118 Stat. 568 (2004). 2. See 18 U.S.C. § 184 1(a)(2)(A
What do we mean by legal justice, as opposed to distributive, or social, or political justice; what is the justice, that is, we hope law promotes? What is the justice that lawyers and judges ... legal pedagogy and legal curriculum-when legal formalists and legal realists, who disagreed on virtually everything else regarding law, oddly enough agreed on the need to sever law from moral philosophy
In this article, I reflect on the proposed Lebanese civil marriage law, which initiated a political crisis in Lebanon in March of 1998 and was followed by an indefinite shelving of that proposed law ... quest for empowerment and equity through legal, educational, political, and workplace reforms for many decades, and through publication of their writings in some countries for over a century. Although
By Margaret H. Zhang, Published on 01/01/15
Transgender individuals have many reasons to be concerned about their welfare in the current political and legislative climate. Transgender elders are especially vulnerable. They are more likely to
131-34 (discussing the logical weaknesses of Strauss's philosophy) . 35 Cf. DEVIGNE, supra note 7, at 48-49, 69 - 74 , 177 - 79 ( discussing Strauss's political philosophy ). 36 See GRAY , supra note 32 ... , at 131-34 ( referring to liberalism as the “failure” of modernism). 37 Cf. DEVIGNE, supra note 7, at 48-49, 69 - 74 , 177 - 79 ( discussing conservative political philosophy). 38 See id . at 59-64
being treated by licensed medical professionals. In reality, CPCs offer exclusively Bible- based, non-objective counseling. Numerous attempts to regulate CPCs have faced political roadblocks. Most ... , novel solution to an urgent and timely issue. By relying on private Hauses ,f aHti,nS tCis #rtiHle’s *r,*,sal sideste*s tCe collective action problems and political willpower obstacles that have long
. . . .”); ARTHUR RIPSTEIN, FORCE AND FREEDOM: KANT’S LEGAL AND POLITICAL PHILOSOPHY 199-201 (2009) (considering the interpretation of laws (and other things) through the lens of the “ideal case of a rightful ... feature, or that gills are. The distinction comes down to my policy arguments versus yours; or, rather, my political ideology versus yours.26 The climbing perch, I say, is more a fish than is a shrimp
bring about recognition of various social and political problems as civil rights issues. In many respects, domestic violence can be considered the premier civil rights issue in this context. After thirty ... reflects interesting political and cultural differences. 2 In the field of Visiting Professor at Columbia University, Department of Sociology and Institute for Research on Women and Gender and Associate
ask courts “‘to choose among competing bases of representation—ultimately, really, among competing theories of political philosophy.’”29 As a question of law, however, his opinion is terribly ... political interests, and will prefer the same candidates at the polls” 4 In response to Christopher S. Elmendorf, Making Sense of Section 2: Of Biased Votes , Unconstitutional Elections, and Common Law
This Comment inserts a new question into the intellectual property academy's dialogue on traditional knowledge: Where are the women? Political scientist Cynthia Enloe insists that this is the crucial ... ), traditional knowledge may also be gendered feminine, essentially due to its perceived connection to nature and instinctive, pre-modem knowing. As has been well documented in feminist philosophy and feminist
Nietzsche observed that the commonest stupidity consists of forgetting what one is trying to do. As Ratna Kapur argues in Erotic Justice: Law and the New Politics of Postcolonialism, political ... misguided causal logic of liberalism, which mistakenly assumes that "more rights lead to more freedom and greater equality." 2 Examining law and political activism, Kapur concludes that, unless modem
, which prohibited state protection of lesbians and gay men. Although hailed as "undoubtedly the gay rights movement's most important legal victory, Romer lacked real political and social analysis. Its ... political and social context of gay and lesbian experience. 7 This paper is a contribution to the growing discussion on bridging the gap between gay life as understood by the judiciary and gay life as
understandably, President Thabo Mbeki and African National Congress (ANC) political leaders have reacted defensively to these headlines. Mbeki believes that the media descriptions of rape are unhopeful and ... South Africa, however, only fueled a perception that the ANC was "soft" on rape. It is out of this political context that mandatory minimum sentencing for sex offenders in South Africa arose. As the
Pediatric AIDS occupies a charged landscape where a public health crisis attracting considerable social, political and scientific attention collides with public distrust of the reproductive decisions
we have been taught to do so by political leaders hoping to link their decisions to justice itself. ... images which are little known but to art historians, Justicia-Justice-in her varied incarnations remains a stock figure in contemporary buildings and in life. Political leaders continue to use her
citizens, to be legally married, must validate their union in front of a representative of the state. The current political claims of the gay and lesbian movement emphasize these same principles, albeit in a ... manner, has triggered a political movement to support these couples. As a result of this mobilisation, France passed a law that grants limited rights to homosexual unions: the Pacte Civil de Solidarit6