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, Public Law and Legal Theory Commons , Race, Ethnicity and Post- 3 New York University - Washington , D.C. , USA 4 Commons, Cultural Heritage Law Commons, Election Law Commons , Ethics and Political ... Philosophy 5 Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons , Courts Follow this and additional works at: https://www.repository.law.indiana.edu/ijlse Colonial Studies Commons
A long-standing colloquialism amongst politicians and people in the political world is “People love their congressmen but hate Congress.”4 While not a new sentiment, distrust of the political system
Constitution were set at the founding and have not changed or adapted since. See Marcia Coyle, ‘His Judicial Philosophy Is Mine’: Amy Barrett Touts Scalia in Remarks From Rose Garden, THE NATIONAL LAW JOURNAL ... (Sep. 26, 2020), https://www.law.com/nationallawjournal/2020/09/26/his-judicial-philosophy-is-mine-amy-barrett-toutsscalia-in-remarks-from-rose-garden/?slreturn=20230227132623. 2023] value judgments in
Berlinerblau defines secularism as ?[a] political philosophy which . . . is preoccupied with, and often deeply suspicious of, any and all relations between government and religion.?50 And, finally, defining ... philosophy that results in depriving religious leaders of political power but maintaining a benign attitude toward their religious beliefs. This notion has been consistently backed by religious liberals, the
Minority groups receiving protection under the Fourteenth Amendment must typically show that they have little "political power,
Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from
were political values that protected wellfunctioning markets, sought to democratize economic power, and most importantly, condemned corporate concentration as a public threat.75 Much of the history of ... federal enforcement of the antitrust laws was indeed colored by such a political, populist, anti-concentration hue.76 However, over time the perceived goals of the antitrust laws have been purposefully
Michel Foucault famously argued that punishment was an expression of power—a way for the State to shore up and legitimize its political authority. Foucault attributed the historical shift away from
, multidisciplinary advocacy. But the development of rights seldom happens solely as a consequence of changes in judicial philosophy. As such, this Article first discusses rights as occurring in three stages and then ... and an inherent liberty that can perhaps be regarded as a right. They then establish, by means of human law, systems of property rights and political rights.?8 Thus, according to Ockham and those that
Politics Commons , Law Commons, Models and Methods Commons, Other Feminist, Gender , and Sexuality Studies Commons, Other Political Science Commons, Political The ory Commons, and the Women's Studies Commons ... 1 University of Minnesota - Twin Cities , USA Follow this and additional works at: http://www.repository.law.indiana.edu/ijlse - INVISIBLE INK: INTERSECTIONALITY AND POLITICAL INQUIRY DARA Z
dangerous power that needs to be reformed, especially as technology and recording devices continue to advance. New issues have arisen since the doctrine was first established, and the political climate is ... things political, repealing the doctrine of qualified immunity is partisan, and support varies by race; however, it is not inaccurate to surmise that support is decreasing on all sides.181 According to
the maintenance of a democratic political system”). 12 See Am. Civ. Liberties Union of Fla., Inc. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177, 1200 (11th Cir. 2009) (ruling that a school board’s action ... their social, political and moral tastes and not because the books, taken as a whole, were lacking in educational value.”); see Waxman, supra note 26 (“‘We’re seeing an unprecedented volume of challenges
article approaches the issue from a new contextual perspective that includes economics, philosophy, history, and law. It posits that while the concepts are similar, the common law conception of the Rule of ... “deep state,” while initially most burdensome on economic development, also intrudes on the full range of American life including political participation and personal decisions.11 This administrative
emergency threshold to rally political support for an SSP near them.68 In doing so, the interests of community members can be aligned with their local politicians and create an environment of acceptance in ... scientifically unfounded reasons. Along those same lines, SSP approval should not be left to chance. Approval by a local qualified entity, in this case, amounts to little more than political or moral approval.126
after the assassination of Haitian President Jovenel Moise and the resultant political turmoil.3 Still others had left Haiti years before, living and working in South American countries like Chile before ... and the vast majority of people granted asylum came from communist countries.72 As a result, despite widespread political violence and poverty imposed by the state,73 Haitians seeking asylum were
constitutionalism as a theory with no substance—simply a substitute for the political whims of judges. While not disputing that politics and values play an important role in all interpretive theories, this Article ... loosely connected to the text of the Constitution.”11 Recently, political scientist Calvin TerBeek proposed that living constitutionalism gained its dominance not because of a robust and persuasive
issues of our time. However, what should be measured and how to measure it is not a merely technical issue but depends on political choices: the concept of sustainability should be declined as plural. In ... New York University, at the 2019 Pan-European Conference on International Relations in Sofia on the 14th of September 2019, and at the Law and Political Economy in Europe Early Career Workshop in Oxford
the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force immune to political ... society is daunting.2 There are as many approaches as there are political interests, and none can truly claim absolute impartiality.3 However, it is empirically settled that civilizations have an increased
Recommended Citation - International Law, 13 WASH. U. GLOBAL STUD. L. REV. 487 (2014), INTERNATIONAL ARBITRATION IN HIGHLY POLITICAL SITUATIONS: THE SOUTH CHINA SEA DISPUTE AND INTERNATIONAL LAW KRISTEN E ... the following question: What is the role of arbitration in highly charged political disputes, particularly when one party refuses to participate? I will comment on three issues: (i) the likely findings
The Article focuses on the relation between federalism and political competition in emerging democracies across the world. It further aims to develop a theory of political competition in federal ... GLOBAL STUD. L. REV. Washington University Global Studies Law Review Jonathan L. Marshfield 0 Recommended Citation 0 Jonathan L. Marshfield, Federalism and Political Competition in Emerging