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educated prognosis about these possibilities based on constitutional structure. I called this argument the “political safeguards” of impeachment in my recent book, The Impeachments of Donald Trump: An
Currently, a significant disparity exists in workplace legal protections for an employee’s political affiliation. On one hand, public sector (federal, state, or local government) employees enjoy a ... Rights Act of 1964. This article offers new, compelling arguments for this addition. First, this proposal is consistent with Congress’s “political affiliation protection” philosophy, which is clearly
greater democratic control, as exercised by the popularly elected governor, over the state judiciary. In relative terms, Colorado maximizes political accountability, Kansas maximizes political independence ... TABLE OF CONTENTS 2023] GUBERNATORIAL INFLUENCE IN JUDICIAL SELECTION Writing in the early nineteenth century, political observer Alexis de Tocqueville noted the moderating effects of lawyers on the
theory” of statutory interpretation, and whether she shared the judicial philosophy of Justice Scalia. But why is the method of statutory interpretation that a judge chooses so important? It is important ... Justice Brennan’s School of Judicial Philosophy, 33 OKLA. CITY U. L. REV. 263, 284 (2008) (“political activists…have been guilty of resorting to the courts as a means of circumventing the majoritarian
that places political speech at the center of free speech doctrine—are motivated not by bona fide doctrinal disagreements but rather the cynical belief that the specter of defamation liability ... unrestrained by Sullivan will silence political opponents and, in turn, hasten the end of modern liberalism. So while the battle over Sullivan may not have the same partisan salience as attacks on Roe v. Wade
The battles between proponents and opponents of judicial supremacy have recently intensified in the US and also in Europe. I summarise the debates in political philosophy, legal theory and ... Social and Political Philosophy (Faculty of Humanities) and of Sociology (Faculty of Social Sciences) at the University from anonymous reviewers and from Leonard Besselink, Nik de Boer, Bas Schotel, Marcel
failed to generate sufficient political support to put their additional proposed “protections” into law. This, in turn, presents the possibility that these advocates are seeking to import their social and ... economic views into corporate theory so that they can win through adoption of that theory what they cannot win through political processes.64 This last point needs elaboration. Surely, it is fair that
fundamental rights. It uses the political philosophy of John Rawls to assess why we should attach priority to certain rights and which rights should therefore be considered fundamental rights. On this basis it ... important, and be very careful in allowing restrictions on fundamental rights for the purpose of protecting this market access. This article uses the political philosophy of John Rawls and his philosophical
neither spend nor receive any money in connection with their political activities from the requirement that they register as lobbyists in the State of Missouri. After hearing the decision of the Eighth
, point-by-point analysis of those debates, situating each statement in Congress within the context of the speaker’s background and political stances on issues overlapping with the right to keep and bear ... that clarify their position in the social and political landscape of the Founding era, as well as their internal norms about nonviolence and self-defense. See, e.g., ESTHER SAHLE, QUAKERS IN THE BRITISH
Politically, we are living in dark times. Political polarization has increased over the past forty years, reaching an extreme and causing real damage to our political system and to our interpersonal ... , family members, and fellow citizens with opposing political views.1 Growing distrust in government and intense polarization causally contributed to the 2016 presidential election of a populist demagogue
invalidate laws that violate fundamental rights specified in the Constitution, disadvantage discrete or insular minorities, or undermine the political process. This approach promised judicial deference and ... grandfathered political subdivisions to continue their fees.21 The Cities asserted that this exception allowed their linear foot fees to be enforceable.22 CenturyLink claimed that the exception for grandfathered
Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands ... than the solution, promoting research designed to advance political agendas rather than scientific knowledge. Even when funded by unbiased sources, researchers might inject their own policy biases, cut
Online political microtargeting involves monitoring people’s online behaviour, and using the collected data, sometimes enriched with other data, to show people-targeted political advertisements ... . Introduction Political campaigns are increasingly combining data-driven voter research with personalised political advertising: online political microtargeting.1 Through political microtargeting, a political
trust that elected officials will make decisions that support and balance the interests of the people. If they fail to do so, we also trust the political process to correct their mishap.132 However, “it ... power of the political process to correct “evils” by noting that an unpopular legislation will quickly make itself manifest). 133 Marbury v. Madison, 5 U.S. 137, 177 (1803). 134 Ordinola v. Univ
political parties. The second is a very long cycle of polarization and depolarization that stretches from the Civil War through the present. The third cycle is a series of episodes of constitutional rot and ... race – and the use of race as a political strategy – is behind many of my claims in Cycles. Charles’s suggestion inspired me to write this Article, and to tell the story of the book by making race the
themselves a Who’s Who in constitutional law, history, and political science. I am not sure I quite belong in this exalted company. Even though I have written about some specialized – if sometimes topical ... , Missouri, in the Civil War era,4 or might be disparaged by real certificated historians as what Alfred Kelly labeled “law office history.”5 Nor am I a political scientist, despite having the bachelor’s
, and seemingly in response to the increased political and advocacy pressures around the issue, U.S. antitrust enforcers have recently undertaken several enforcement actions directly targeting such ... monopsony power,3 and large corporations undermining the very fabric of western democracy.4 But, of these numerous (mis)apprehensions, one has received the lion’s share of scholarly and political attention. A
This Note explores how deepfake technology can disrupt democracy and influence elections through the protections given to political speech under the First Amendment. Part II describes deepfakes in ... Some political and legal experts are concerned, however, about deepfake technology being used in the near future to tamper with elections across the globe.7 Deepfake technology has its roots in
reforms of that time, proponents of direct initiative and popular referendum believed it would aid in breaking up concentrated political power in corporations and their enablers in the state legislatures ... process enables citizens to propose a new or amended law, independently of the state legislature, often by popular * B.A., Political Science, University of Missouri–Columbia, 2016; J.D. Candidate
