Results for 'Supreme Court'

645 found
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  1. Assessing Randomness in Case Assignment: The Case Study of the Brazilian Supreme Court.Julio Michael Stern, Diego Marcondes & Claudia Peixoto - 2019 - Law, Probability and Risk 18 (2/3):97-114.
    Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply (...)
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  2. The Argentine Supreme Court of Justice and the Equality before the Law in Crimes against Humanity.Daniel Gorra & Manuel Francisco Serrano - 2022 - Latin American Human Rights Studies 2:1-28.
    The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. (...)
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  3. The contemporary issues and Supreme Court.Kiyoung Kim - 2015 - Chosun Law Institute.
    Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was (...)
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  4. Supreme Confusion about Causality at the Supreme Court.Robin Dembroff & Issa Kohler-Hausmann - 2022 - CUNY Law Review 25 (1).
    Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this (...)
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  5. The Debate on Constitutional Courts and Their Authority between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of (...)
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  6. Text, Context, and Human Rights-based Interpretations by Domestic Courts.Deepa Kansra & Rabindra Pathak - 2021 - Shimla Law Review:241-256.
    Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three (...)
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  7. Innocent Owners and Guilty Property.Michael Baur - 1996 - Harvard Journal of Law and Public Policy 20:279-292.
    American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court (...)
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  8. The Rationality of Voting and Duties of Elected Officials.Marcus Arvan - 2016 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York: Routledge. pp. 239-253.
    In his recent article in Philosophy and Public Affairs, 'The Paradox of Voting and Ethics of Political Representation', Alexander A. Guerrero argues it is rational to vote because each voter should want candidates they support to have the strongest public mandate possible if elected to office, and because every vote contributes to that mandate. The present paper argues that two of Guerrero's premises require correction, and that when those premises are corrected several provocative but compelling conclusions follow about the rationality (...)
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  9. Reason's freedom and the dialectic of ordered liberty.Edward C. Lyons - 2007 - Cleveland State Law Review 55 (2):157-232.
    The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be (...)
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  10. The double life of double effect.Allison McIntyre - 2004 - Theoretical Medicine and Bioethics 25 (1):61-74.
    The U.S. Supreme Court's majority opinion in Vacco v. Quill assumes that the principle of double effect explains the permissibility of hastening death in the context of ordinary palliative care and in extraordinary cases in which painkilling drugs have failed to relieve especially intractable suffering and terminal sedation has been adopted as a last resort. The traditional doctrine of double effect, understood as providing a prohibition on instrumental harming as opposed to incidental harming or harming asa side effect, (...)
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  11. Has Vagueness Really No Function in Law?David Lanius - 2013 - Sektionsbeiträge des Achten Internationalen Kongresses der Gesellschaft Für Analytische Philosophie E.V.
    When the United States Supreme Court used the expression “with all deliberate speed” in the case Brown v. Board of Education, it did so presumably because of its vagueness. Many jurists, economists, linguists, and philosophers accordingly assume that vagueness can be strategically used to one’s advantage. Roy Sorensen has cast doubt on this assumption by strictly differentiating between vagueness and generality. Indeed, most arguments for the value of vagueness go through only when vagueness is confused with generality. Sorensen (...)
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  12. Offensive defensive medicine: the ethics of digoxin injections in response to the partial birth abortion ban.Colleen Denny, Govind Persad & Elena Gates - 2014 - Contraception 90 (3):304.
    Since the Supreme Court upheld the partial birth abortion ban in 2007, more U.S. abortion providers have begun performing intraamniotic digoxin injections prior to uterine dilation and evacuations. These injections can cause medical harm to abortion patients. Our objective is to perform an in-depth bioethical analysis of this procedure, which is performed mainly for the provider’s legal benefit despite potential medical consequences for the patient.
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  13. Impossibility of Artificial Inventors.Matt Blaszczyk - 2024 - Hastings Sci. And Tech. L.J 16:73.
    Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many the courts all over the world. This Article analyses these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. The Article challenges the intellectual property (IP) post-humanists, (...)
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  14. Over-the-Counter Oral Contraceptives in the Context of State Abortion Bans.Hunter Jackson Smith, Jake Earl & Elizabeth Lanphier - 2024 - Journal of General Internal Medicine 39:1236–1238.
    The Food and Drug Administration (FDA) recently issued its first approval of an oral contraceptive medication for access without a clinician’s prescription. One might expect this will lead to fewer people seeking to terminate unplanned pregnancies, including in states that imposed severe restrictions on abortion care following the Supreme Court’s reversal on abortion rights in Dobbs v. Jackson Women’s Health Organization. Despite the clear potential health benefits, increased accessibility of oral contraceptives offers no real solution to ongoing threats (...)
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  15. Parental Rights and Due Process.Donald C. Hubin - 1999 - The Journal of Law and Family Studies 1 (2):123-150.
    The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the (...)
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  16. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2018 - Neuroethics 13 (1):13-28.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...)
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  17. (1 other version)Causation and the Silly Norm Effect.Levin Güver & Markus Kneer - 2023 - In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. New York, NY: Bloomsbury Academic. pp. 133–168.
    In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a (...)
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  18. Chimpanzee Rights: The Philosophers' Brief.Kristin Andrews, Gary Comstock, G. K. D. Crozier, Sue Donaldson, Andrew Fenton, Tyler John, L. Syd M. Johnson, Robert Jones, Will Kymlicka, Letitia Meynell, Nathan Nobis, David M. Pena-Guzman & Jeff Sebo - 2018 - London: Routledge.
    In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s (...)
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  19. Conscientious Objection to Medical Assistance in Dying: A Qualitative Study with Quebec Physicians.Jocelyn Maclure - 2019 - Canadian Journal of Bioethics / Revue canadienne de bioéthique 2 (2):110-134.
    Patients in Quebec can legally obtain medical assistance in dying (MAID) if they are able to give informed consent, have a serious and incurable illness, are at the end of their lives and are in a situation of unbearable suffering. Since the Supreme Court of Canada’s 2015 Carter decision, access to MAID, under certain conditions, has become a constitutional right. Quebec physicians are now likely to receive requests for MAID from their patients. The Quebec and Canadian laws recognize (...)
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  20. Invisible women in reproductive technologies: Critical reflections.Piyali Mitra - 2018 - Indian Journal of Medical Ethics 3 (2):NS: 113-9.
    The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...)
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  21. Does overruling Roe discriminate against women (of colour)?Joona Räsänen, Claire Gothreau & Kasper Lippert-Rasmussen - 2022 - Journal of Medical Ethics 48 (12):952-956.
    On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion (...)
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  22. Defining ‘Abortion’: A Call for Clarity.Nicholas Colgrove - forthcoming - Theoretical Medicine and Bioethics.
    In Dobbs v. Jackson, the Supreme Court found that ‘the Constitution does not confer a right to abortion.’ Rather, individual states must determine whether a right to abortion exists. Following Dobbs, state abortion laws have diverged significantly. This has generated confusion over what the law permits. Consequently, some pregnant individuals reportedly have not received timely treatment for life-threatening conditions. Clear guidance on abortion policy is essential, therefore, since continued confusion risks lives. Sweeping calls to improve patient access to (...)
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  23. Understanding Blackmun's Argument: The Reasoning in Roe v. Wade.Roger Wertheimer - 1984 - In J. Garfield & P. Hennessy (eds.), Abortion: Moral and Legal Perspectives. University of Massachusetts.
    Critical analysis of Roe v Wade Supreme Court decision.
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  24. Public funding of abortions and abortion counseling for poor women.Rem B. Edwards - 1997 - Advances in Bioethics 2:303.
    This article tries to show that commonplace economic, ethico-religious, anti-racist,and logical-consistency objections to public funding of abortions and abortion counseling for poor women are quite weak. By contrast, arguments appealing to basic human rights to freedom of speech, informed consent, protection from great harm, justice and equal protection under the law, strongly support public funding. Thus, refusing to provide abortions at public expense for women who cannot afford them is morally unacceptable and rationally unjustifiable, despite the opinions of former Presidents (...)
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  25. Scientific Progress During Peacetime: Current Epistemological Trends.D. A. Parker - manuscript
    This analytical study explores the nature of scientific progress connected to current philosophical definitions and the role of institutional governance in promoting this progress. This paper examines how public and private initiatives intersect to create a wartime level of scientific progress during peacetime, as promoted in detail by Vannevar Bush, Director of the Office of Scientific Research and Development (OSRD) from 1941-47. This study suggests that the public benefit from the war footing approach to scientific progress should outweigh the losses (...)
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  26. Suspiciously Convenient Beliefs and the Pathologies of (Epistemological) Ideal Theory.Alex Worsnip - 2023 - Midwest Studies in Philosophy 47:237-268.
    Public life abounds with examples of people whose beliefs—especially political beliefs—seem suspiciously convenient: consider, for example, the billionaire who believes that all taxation is unjust, or the Supreme Court Justice whose interpretations of what the law says reliably line up with her personal political convictions. After presenting what I take to be the best argument for the epistemological relevance of suspicious convenience, I diagnose how attempts to resist this argument rest on a kind of epistemological ideal theory, in (...)
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  27. Alexander James Dallas: An Exposition of the Causes and Character of the War. An Annotated edition.H. G. Callaway (ed.) - 2011 - Dunedin Academic Press.
    Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...)
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  28. Are Embryos “Babies” and “Children"?Nathan Nobis - 2024 - Bioethics Today.
    Anti-abortion advocates frequently insist that abortion is “killing babies” and “murdering children.” “Heartbeat” bills, or abortion bans, often use this language. Alabama’s Supreme Court even ruled that frozen embryos are children. -/- While philosophers have much discussed how “persons” and “human beings” are best defined, there is little comparable discussion about defining “babies” and “children.” -/- Here I argue that embryos and beginning fetuses are not “babies” or “children”: at least, nobody must agree that they are.
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  29. The Ontology of Collective Action.Kirk Ludwig - 2014 - In Gerhard Preyer, Frank Hindriks & Sara Rachel Chant (eds.), From Individual to Collective Intentionality: New Essays. New York, NY: Oxford University Press.
    What is the ontology of collective action? I have in mind three connected questions. 1. Do the truth conditions of action sentences about groups require there to be group agents over and above individual agents? 2. Is there a difference, in this connection, between action sentences about informal groups that use plural noun phrases, such as ‘We pushed the car’ and ‘The women left the party early’, and action sentences about formal or institutional groups that use singular noun phrases, such (...)
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  30. Justice Without Retribution: Interdisciplinary Perspectives, Stakeholder Views and Practical Implications.Farah Focquaert, Gregg Caruso, Elizabeth Shaw & Derk Pereboom - 2018 - Neuroethics 13 (1):1-3.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...)
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  31. What Taylor Swift and Beyoncé Teach Us About Sex and Causes.Robin Dembroff, Issa Kohler-Hausmann & Elise Sugarman - 2020 - University of Pennsylvania Law Review 169 (1):1-12.
    In the consolidated cases Altitude Express v. Zarda, Bostock v. Clayton County, and R.G. & G.R. Harris Funeral Homes v. EEOC, the Supreme Court will decide whether or not Title VII prohibits discrimination on the basis of sexual orientation or gender identity. Although the parties disagree as to the appropriate formulation of a but-for test to determine whether or not there was a discriminatory outcome, all parties do agree to the use of such a test, which asks “whether (...)
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  32. Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention.Ken Levy - 2011 - San Diego Law Review 48:1299-1395.
    I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...)
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  33. Normative Ignorance: A Critical Connection Between the Insanity and Mistake of Law Defenses.Ken Levy - 2020 - Florida State University Law Review 47:411-443.
    This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life (...)
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  34. Major Questions Doctrine: Real of Fantasy?Vincent Samar - 2024 - Capital University Law Review 52 (1):1-40.
    In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory (...)
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  35. Collective Intentionality.Marija Jankovic & Kirk Ludwig - 2016 - In Lee C. McIntyre & Alexander Rosenberg (eds.), The Routledge Companion to Philosophy of Social Science. New York: Routledge. pp. 214-227.
    In this chapter, we focus on collective action and intention, and their relation to conventions, status functions, norms, institutions, and shared attitudes more generally. Collective action and shared intention play a foundational role in our understanding of the social. -/- The three central questions in the study of collective intentionality are: -/- (1) What is the ontology of collective intentionality? In particular, are groups per se intentional agents, as opposed to just their individual members? (2) What is the psychology of (...)
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  36. On Place and Space: The Ontology of the Eruv.Barry Smith - 2007 - In Christian Kanzian (ed.), Cultures. Conflict - Analysis - Dialogue: Proceedings of the 29th International Ludwig Wittgenstein-Symposium in Kirchberg, Austria. Walter de Gruyter. pp. 403-416.
    ‘Eruv’ is a Hebrew word meaning literally ‘mixture’ or ‘mingling’. An eruv is an urban region demarcated within a larger urban region by means of a boundary made up of telephone wires or similar markers. Through the creation of the eruv, the smaller region is turned symbolically (halachically = according to Jewish law) into a private domain. So long as they remain within the boundaries of the eruv, Orthodox Jews may engage in activities that would otherwise be prohibited on the (...)
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  37. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R v George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade (...)
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  38. Reasonable Moral Doubt.Emad Atiq - 2022 - New York University Law Review 97:1373-1425.
    Sentencing outcomes turn on moral and evaluative determinations. For example, a finding of “irreparable corruption” is generally a precondition for juvenile life without parole. A finding that the “aggravating factors outweigh the mitigating factors” determines whether a defendant receives the death penalty. Should such moral determinations that expose defendants to extraordinary penalties be subject to a standard of proof? A broad range of federal and state courts have purported to decide this issue “in the abstract and without reference to our (...)
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  39. Wedding Cakes and Muslims: Religious Freedom and Politics in contemporary American legal practice.Jon Mahoney - 2019 - Politologija 1:25-36.
    This paper offers a critical examination of two recent American Supreme Court verdicts, Masterpiece Cake Shop v Colorado Civil Rights Commission and Trump v Hawaii. In Masterpiece the Court ruled against the state of Colorado on grounds that religious bias on the part of state officials undermines government’s authority to enforce a policy that might otherwise be constitutional. In Trump the Court ruled in favor of an executive order severely restricting immigration from seven countries, five of (...)
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  40. The Silent Issue in Intel v. Sulyma: Does ERISA Section 413(2) Operate to Time-Bar Otherwise Timely Suits Challenging Subsequent Breaches of the Same Character?Rob Van Someren Greve & Paul Blankenstein - 2021 - Benefits Law Journal 34 (1):1-17.
    In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits (...)
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  41. Discursive Incarceration: Black Fragility in a Divided Public Sphere.Meili Steele - 2022 - Jam It! Journal of American Studies in Italy 7.
    The expression of fragility has always been a difficult and complex matter for African Americans, for the discourse of mainstream media is set up to sustain their fragility while at the same time misrecognizing it. Even though the black public sphere split off from the dominant public sphere after the Civil War to enable distinctive forms of expression, the “practiced habits” of which Coates speaks continued in the structures of the dominant discourse. My essay will analyze the structure of America’s (...)
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  42. Reproductive Violence and Settler Statecraft.Elena Ruíz, Nora Berenstain & Nerli Paredes-Ruvalcaba - 2023 - In Sanaullah Khan & Elliott Schwebach (eds.), Global Histories of Trauma: Globalization, Displacement and Psychiatry. Routledge. pp. 150-173.
    Gender-based forms of administrative violence, such as reproductive violence, are the result of systems designed to enact population-level harms through the production and forcible imposition of colonial systems of gender. Settler statecraft has long relied on the strategic promotion of sexual and reproductive violence. Patterns of reproductive violence adapt and change to align with the enduring goals and evolving needs of settler colonial occupation, dispossession, and containment. The U.S. Supreme Court’s recent decision to end the constitutional right to (...)
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  43. Bail under Special Legislations.Deepa Kansra - 2019 - In Manoj Kr Sinha and Anuragdeep (ed.), Bail: Law and Practice in India. pp. 185-193.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...)
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  44. The Philosophers' Brief in Support of Happy's Appeal.Gary Comstock, Sue Donaldson, Andrew Fenton, Tyler M. John, L. Syd M. Johnson, Robert C. Jones, Will Kymlicka, Letitia M. Meynell, Nathan Nobis, David M. Peña-Guzmán, James Rocha, Bernard Rollin, Jeff Sebo & Adam Shriver - 2021 - New York State Appellate Court.
    We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with (...)
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  45. Judicial Incoherence, Capital Punishment, and the Legalization of Torture.Guus Duindam - 2019 - Georgetown Law Journal Online 108 (74).
    This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution (...)
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  46. Eichmann's Mind: Psychological, Philosophical, and Legal Perspectives.José Brunner - 2000 - Theoretical Inquiries in Law 1 (2).
    This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of (...)
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  47. Conscientious Refusal of Abortion in Emergency Life-Threatening Circumstances and Contested Judgments of Conscience.Wojciech Ciszewski & Tomasz Żuradzki - 2018 - American Journal of Bioethics 18 (7):62-64.
    Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital (...)
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  48. Constitutional Interpretation and Public Reason: Seductive Disanalogies.Christopher F. Zurn - 2020 - In Silje Langvatn, Wojciech Sadurski & Mattias Kumm (eds.), Public Reason and Courts. Cambridge University Press. pp. 323-349.
    Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized (...)
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  49. The Democratic Imperative to Make Margins Matter.Daniel Wodak - 2023 - Maryland Law Review 86 (2):365-442.
    Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be guaranteed within any (...)
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  50. Reconciling the Principled Approach to Hearsay with the Rule of Law.Andrew Botterell - 2014 - Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is (...)
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