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judicial power is consistent with Constitutional prerogatives. This Article applies the lenses of multiple political-economic theories to the normative framework of attorney self-regulation and bar admission ... . Self-regulation provides protection of lawyers against political control by the state.”). 2. See MODEL RULES PRO. CONDUCT Pmbl. & Scope para. 11 (AM. BAR ASS’N 2023) (“Self-regulation . . . helps
-American political thought. I suggest that, at bottom, Judge Gregory has a leveling-up jurisprudence that seeks to interpret the Constitution in a way that ensures the least well-off in society are granted ... Traditions in African American Political Philosophy, in AFRICAN-AMERICAN PERSPECTIVES AND PHILOSOPHICAL TRADITIONS 119, 119 (John P. Pittman ed., 1st ed. 1997) (discussing the Black nationalist and
enforcement, they task the individual victims of wage theft—the ones with the most to lose and the least political influence—with remedying a societal problem.14 Meanwhile, many offending employers are ... their contractor decision-making as a quality-control and oversight measure.19 And while these local contracting initiatives embody a wage-theft philosophy markedly different (i.e., more successful) than
factors unrelated to danger and flight risk, their bond decisions are nontransparent and opaque, and they are subject to undue political influence that encourages judges to err on the side of detention ... feedback and suggestions. I am grateful for the excellent research assistance provided by Yosef Palanker, Camille Howarth, and Kylie DeMaria. political influence that encourages judges to err on the side of
substantive doctrines. Activists have lost faith in civil rights litigation as an effective tool for social change, instead seeking change in administrative forums, or by asserting political pressure through ... has become. What emerges is a vision of the courts as protectors of the status quo in social and political relationships. INTRODUCTION
requires revoking the terms of whiteness and instituting a new social contract that accords Black people full political personhood and full citizenship, complete with full contracting capacity and authority ... “citizens” in the Constitution, and can therefore claim none of the rights and 65. Mills directly confronts Rawls and the white hegemony of political philosophy in later work, proposing in response to the
protect abortion seekers. The most effective approach would be for Congress or state legislatures to restore abortion rights. Given political realities, however, the nationwide restoration of an enforceable ... mentioning here. People of all political stripes consider abortion to be a uniquely sensitive and controversial topic that they are uncomfortable discussing in public.61 Indeed, the conservative Supreme Court
(discussing the void left by the Supreme Court’s “burial” of stare decisis in Dobbs and speculating that future decisions will be based on political allegiances); Ariane de Vogue, The Supreme Court Just Threw
extends to safeguards for fundamental rights, civil liberties, and political representation. Rational basis review is appropriate when Congress advances autonomy, equality, and franchise. However, when ... theories of political science, education, financing, philosophy, literature, sociology, anthropology, economics, and so forth that are outside the purview of judicial competence. These conditions of
political figures must reckon with the possibility that political actors could exploit the practice to threaten a defendant’s fundamental right to a jury trial. ... jury sentencing states.293 Another potential situation that could prompt reinstating mandatory jury sentencing could be a change in political control of the General Assembly. However, which political
gerrymandering. In Rucho, the Court held that partisan gerrymandering presents a political question that falls outside the jurisdiction of the federal courts. However, the Supreme Court did not address an ... it to stand. This leaves voters potentially unable to challenge redistricting where, as is the case in North Carolina, race and political behavior are closely aligned and the map-drawers claim that the
attempts to interfere with its political system. Yet Australia has taken a distinct approach in how it has sought to protect its democratic institutions, including reclassifying its political parties as ... Ethics, Indiana University Kelley School of Business; Faculty Associate, Berkman Klein Center for Internet & Society at Harvard University. **** Associate Professor of Political Science, Penn State
Republican officials win political control of a state.21 In support of these claims, journalists generally point to a few high-profile examples and academics tend to rely on case studies of specific pieces of ... law enforcement organizations and prosecutors as part of a critique of such lobbying grounded in political theory but they did not systematically collect data about the prevalence or results of such
quite differently for the two political branches. On the one hand, the executive branch bureaucracy has received extensive study and discussion from legal scholars.19 In the late nineteenth and early ... its executive branch counterpart. Its staff number in the thousands, not the millions.39 Yet, thanks to its design as a nonpartisan center of expertise within a political branch, the congressional
” .................................. 1056 2. Explicitly Include “Private Security Contractors”....................................................... 1059 3. Political Realities of Reform ............................. 1063 IV ... input.22 By including both political branches of the government, Congress sought to prevent the United States from entering conflicts that harm its strategic interests or domestic security.23 To this day
contemporary literature on the rural-urban divide.20 That literature documents the growing divide between urban and rural communities in general sensibilities, political opinions, voting behavior, and attitudes ... 2018, these include political affiliation, id. at 5 (finding that urban residents skew 62% Democrat; while rural residents are 54% Republican); attitudes on same sex marriage, id. at 546 80 WASH. & LEE
, https://perma.cc/X6RS-5NDP (“Domestic terrorism: Violent, criminal acts committed by individuals and/or groups to further ideological goals stemming from domestic influences, such as those of a political ... political organizations as terrorists has potentially chilling implications, especially if any and all association with the organization could be considered material support . . . .”). 6. See 18 U.S.C
election emergencies. They must recognize that political parties, candidates, and potentially even voters have standing to bring challenges regarding the impact of emergencies on the elections in which they ... procedures for “the counting and recounting of votes,” but specifying that such manual counts must involve, if possible, people of different political parties). 24. See infra Part IV.A. 25. See 52 U.S.C
. Common Misperceptions The complexity of the tax code is one of the few areas of tax policy not up for debate. Scholars, elected officials, and pundits of all political stripes tend to agree on this basic ... people itemize, the problem may have worsened.55 The Political Implications of Tax Misperceptions Subpart A surveyed broad empirical support for the claim that many taxpayers misperceive the tax system
regime of industrial regulation. Thus, the Patent Office cannot yet claim broad autonomy to make substantive political judgments. Indeed, the agency until now has wielded its power mostly in disguise. The ... are not yet entrenched. Meaningful reform is still possible, and it is desirable. Patent Office power has grown so much so quickly in part because the political valence of that power has been obscured