Districtly Speaking: Evenwel v. Abbott and the Apportionment Population Debate [PDF]
The Equal Protection Clause of the Fourteenth Amendment, as interpreted by the Supreme Court, promises substantial equality of population within state legislative districts under the “one-person, one-vote” rule.
Herman, Joey
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Private Land Ownership: Tax or Socialize?
ABSTRACT This study compares the land reform concepts of Henry George and Silvio Gesell, both of whom rejected private appropriation of land rent as unjust. While George proposed to “hollow out” private land ownership through a comprehensive land value tax, Gesell aimed at full socialization of land combined with lease auctions and compensation of ...
Dirk Loehr
wiley +1 more source
Fixing FISA for Long War: Regulating Warrantless Surveillance in the Age of Terrorism [PDF]
[Excerpt] “The English poet W.H. Auden once claimed that “Peeping Toms are never praised, like novelists or bird watchers, for the keenness of their observations.” Perhaps Auden would have modified his maxim had he lived in the age of terrorism.
Burton, Adam
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Strategic litigation as a challenge for deliberative democracy
Abstract Strategic litigation is a growing public concern, but remains understudied in democratic theory. In strategic litigation, collectives go to court with a political agenda that goes beyond their specific case. How should we assess the legitimacy of strategic litigation? Building on Lafont's model of deliberative democracy and Klein's distinction
Svenja Ahlhaus
wiley +1 more source
Dying with Assistance: The Call for an Inquiry, the Power of a declaration, the role of evidence. [PDF]
Papadopoulou N.
europepmc +1 more source
Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin [PDF]
Early in his career Mishkin saw that the law could be apprehended from two distinct and in part incompatible perspectives: from the internal perspective of a faithful practitioner and from the external perspective of the general public.
Post, Robert C., Siegel, Neil S.
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An ecclesiastical court: Christian nationalism and perceptions of the US Supreme Court
Abstract Recently, scholars have increasingly examined the unique blending of Christian and political ideology known as Christian nationalism. During this period, the US Supreme Court has increasingly ruled in ways that favor Christian nationalism, and Court watchers have criticized several justices for showing bias toward Christianity at best and ...
Miles T. Armaly +3 more
wiley +1 more source
Law and economics, consequentialism and legal pragmatism: the influence of Oliver Holmes Jr. [PDF]
This paper aims to present the similarities and differences between Posner's defense of Law and Economics (LAE) and Holmes' pragmatism. The investigation is centered in the arguments of economic consequences of judicial decisions.
Lima Catão, Adrualdo de
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What is (de)politicization and what is wrong with it?
Abstract This article attempts to clarify the meaning of (de)politicization. Politicization sometimes refers to the inappropriate intrusion of partisan loyalties in nonpolitical social domains (affective politicization). Politicization can also constitute an ideal of civic agency and energy (contestatory politicization).
Dimitrios Halikias
wiley +1 more source
Parliament's Constitution: Legislative Disruption of Implied Repeal. [PDF]
Hameed A.
europepmc +1 more source

