Search Results

1 - 10 of 31 items :

  • Public Law, other x
Clear All
Politics and Constitutional Law: A Distinction without a Difference?

: Elaborate argument is hardly necessary to demonstrate that childbirth may deprive a woman of her preferred lifestyle and force upon her a radically diferent and undesired future. (They may have) … to endure the discomforts of pregnancy; to incur the pain, higher mortality rate and after efects of childbirth; to abandon educational plans; to sustain loss of income; to forgo the satisfactions of careers; to tax further mental and physical health in providing childcare; and, in some cases, to bear the lifelong stigma of unwed motherhood, a badge which may haunt, if not deter

Open access
Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

conservative movement and other prominent conservative legal thinkers, like Robert Bork, is essential to understanding his “sacred symbol” status. Here the issue of judicial “mandates” arises. Although it may be odd to think in such terms, many American judges are characterized throughout their careers by reference to who nominated them and when they were nominated. Indeed, nomination by a particular president often impacts how the media or general public perceives justices. We discuss the significance of the perception that Supreme Court judges have “mandates.” Next, we

Open access
Felix Frankfurter and the Law

EARS OF L YNDON J OHNSON (2002). are essential to their reputations. It is not simply that we celebrate their goals, abolishing slavery or fighting racial discrimination; we also celebrate the bare knuckle means they employed because we understand that without them, the goals would have remained unfulfilled. Putting the matter baldly, we accept that the ends justify the means. The central fact of Felix Frankfurter’s judicial career was a very public refusal to accept that justification and that practice. As he often explained in his opinions, this was not

Open access
“To Promote the General Welfare”: Addressing Political Corruption in America

the years. Politicians have always been seen as rascals. The Madisonian system was once widely admired but now seems to be failing us. If corruption is a more serious problem today than in the past, perhaps it is because Madisonian democracy is less effective at containing it. James Madison and his colleagues were well aware of the problem of corruption. They understood that elected officials face an unavoidable conflict of interest between the public welfare and their own careers. The Framers also had a realistic view of how interest groups affect government

Open access
Adventures in Higher Education, Happiness, And Mindfulness

-rise-of-the-helicopter-teacher/; Berlin Fang, How to Avoid Being a Helicopter Professor , Faculty Focus, June 8, 2015, https://www.facultyfocus.com/articles/teaching-careers/how-to-avoid-being-a-helicopter-professor/ But see Barry Thomas, Helicopter Professor and Proud! , The Evollution, Aug. 2, 2016, https://evollution.com/programming/teaching-and-learning/helicopter-professor-and-proud/ Evaluating different ways of teaching (and parenting) presupposes a normative criterion or criteria by which to measure flourishing, progress, or success. Huang, supra note 1, at 303. Happiness or

Open access
Sanctuary Cities: A Study in Modern Nullification?

peculiar application of the theory of natural rights:...the right of nullification, was entirely within the realm of the federal compact, and was by no means an extra-constitutional remedy. In Jefferson’s opinion, such a right derived entirely from the nature of the American union, as it had been historically constructed.” Luigi Marco Bassani, The Real Jefferson , Mises Daily (May 23, 2002), https://mises.org/library/real-jefferson . Throughout his career, Jefferson championed limited and decentralized government. He was a localist skeptical of consolidated power

Open access
Administrative Functions of Implementation and Adjudication Guided by Primacy of Fundamental Rights

guaranteed a permanent position in bodies specializing exclusively in administrative law. Over the course of their career, they may be transferred to other bodies of the Federal Justice System. Thus, in my opinion, there are no special administrative law courts in Brazil, or in Latin America in general, with the exceptions of Colombia, Guatemala, Dominican Republic, Uruguay and Mexico, which have real specialized administrative law courts. C ONST . OF C OLOMBIA (1991) art. 231; C ONST . OF G UATEMALA (1945) art. 164, (1956) arts. 193 and 194, (1965) art. 255 and

Open access
The Origins and Development of Judicial Recusal in Texas

recusal motion originates from events occurring from a judge’s legal career before appointment to the bench, it must be recognized that when representing clients lawyers are required to express the beliefs of their clients and advocate their clients’ interests. Therefore, statements made by a lawyer representing a client, without more, “can only rarely serve as legitimate reasons for excluding a judge from fulfilling his or her sworn duties.” Id . at 113. Were the rule otherwise, then judges would be recused from all cases that present issues similar to the ones that

Open access
Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

, supra note 1 (noting “the diligence that marked his entire career”). Beginning in September, 1773, he made his way from Quebec City to Falmouth, Massachusetts (now Portland, Maine), led by Indian guides, traveling through the wilderness by foot and canoe. Falmouth was the northern terminus of the 13-colony post road. From there Finlay followed the road though Boston, Providence, New Haven and New York, and then sailed to Philadelphia, Pennsylvania and to Charles Town, South Carolina. From Charles Town he proceeded overland to the southern post road terminus at

Open access
The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism

familiarity. While the President has never sat in public office before occupying the White House, he has repeatedly relied on lawyers and the judiciary in his prior business career and personal life. His administration’s zealous use of nondisclosure agreements amongst aides and other government employees suggests a comfort with litigious protections as a partial substitute for interpersonal trust. Josh Dawsey & Ashley Parker, ‘Everyone Signed One’: Trump Is Aggressive in His Use of Nondisclosure Agreements, Even in Government , Wash. Post, Aug. 13, 2018, https

Open access