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Politics and Constitutional Law: A Distinction without a Difference?

Bork. In a seminal article in 1971, Bork argued that the Warren Court had not enforced values written into the Constitution, but rather had imposed its own value choices on the country. Not only could this not be squared with the presuppositions of a democratic society, but gave to the Court “an institutionalized role as perpetrator of limited coups d’etat”. Robert H. Bork, Neutral Principles and Some First Amendment Problems , 47 Ind. L. J. 1, 6 (1971). Bork argued that Brown could not rest on Warren’s rationale. He nevertheless rescued it by claiming that

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A Template For Enhancing The Impact of The National Academy of Sciences’ Reporting on Forensic Science

:// stating that it was “expanding on a series of eforts initiated in 2002.” Id . Judicial Response The CBLA Report has also been referenced in judicial decisions. Individuals have appealed convictions (with or without a FBI review letter) The FBI, as part of a review of CBLA cases, sent letters to individuals afected to make them aware of the limitations of the evidence. on the basis that the CBLA Report constitutes newly discovered evidence. Newly discovered evidence claims “usually involve some combination of showings that the new evidence could not have

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Bad Company: The Corporate Appropriation of Nature, Divinity, and Personhood in U.S. Culture

serve it. It is worth noting that no partnerships ever have claimed a soul, and far fewer of them than corporations ever have threatened eco-systems, national financial systems, or the health of their customers. In many ways, the ever-increasing wealth gap in the United States is actually a personhood gap. The effect of corporate personhood, which operates in tandem with privatization, is to dehumanize people, turning them into things that have no rights—not the right to have access to healthcare, education, or courts rather than arbitration; to retire; to unionize

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A Legacy Diminished: President Obama and the Courts

McConnell boasted: “One of my proudest moments was when I looked Barack Obama in the eye and I said to him, ‘You will not fill this Supreme Court vacancy.’” Ron Elving, What Happened with Merrick Garland in 2016 and Why It Matters Now , National Public Radio , (June 29, 2018), Republicans argued that there had not been a Supreme Court vacancy filled in an election year in 80 years. Scholars responded to the various claims made to the media by pointing out that

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From Judicial Transplants to Judicial Translations: Constitutional Courts in Southern Africa – A Comparative Review


The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.

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The Sexual Orientation Cases

immoral and unacceptable. This is said to be an inadequate rationale to support the law. The law, however, is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed… . Even respondent makes no such claim, but insists that majority sentiments about the morality of homosexuality should be declared inadequate. We do not agree, and are unpersuaded that the sodomy laws of some 25 States should be invalidated on this basis. The majority in effect

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Lying and the First Amendment

falsely claimed at a public meeting that he had been awarded the Congressional Medal of Honor, the nation’s highest medal for combat bravery, in violation of a national law that made such lies criminal offenses. Susan B. Anthony List v. Driehaus (2016) dealt with a suit brought under state law banning campaign lies. National Institute of Family and Life Advocates v. Becerra addressed a state law compelling speech as a cure for deceptive silence. “Advertising and Free Speech” by Ronald H. Coase maintains that commercial speech should be treated constitutionally like

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

, rather than merely holding them at the post office for delivery. J OYCE , supra note 1, at 198-202 & H EMMEON , supra note 1, at 39 (discussing the case). One writer claims that Powdich “in the most deliberate and solemn manner had affirmed this principle … that the Post Office was to wait upon the people, and not the people upon the Post Office.” J OYCE , supra note 1, at 202. There is little evidence, however, that this opinion was widespread among the people who mattered. E The British Post Office Becomes Imperial: The Statute of 1711 The English

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Acts of State, State Immunity, and Judicial Review in the United States

state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. The issue the courts face is the extent to which this rule has been circumvented by the doctrine of separation of powers which, unlike in other common law systems, is a central tenet of the U.S. constitution. Certain extra-territorial breaches involving either U.S. citizens or those foreign citizens affected by an act of a federal agency confer a power of review on federal courts overriding any state immunity. This exists in

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The U.S. Constitution’s Emoluments Clauses: How History, Behavioral Psychology, and the Framers’ Understanding of Corruption All Require an End to President Trump’s Conflicts of Interest

preserving American democracy. The history of public governance globally since World War II amply demonstrates that nation-states can be poorly governed, especially where those in power seek self-benefit even as they claim to serve the public interest. Kenneth Rapoza, Transparency International Spells It Out: Politicians Are the Most Corrupt . Forbes, Jul. 9, 2013. “Transparency International says that politicians have a lot of work to do to regain trust. The Global Corruption Barometer shows a worldwide crisis of confidence in political leaders and real concern about

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