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The modernist notion of function - jan michl

Date of publication: 2017-08-27 00:50

Introduction If the Supreme Court rules against the government in King v. Burwell,6 insurance subsidies available under the Affordable Care Act (ACA) will evaporate in the thirty-four states that have refused to establish their own health-care The pain could be felt within weeks. Without subsidies, an estimated eight or nine million people stand to lose their health Because sicker people will retain coverage at a much higher rate than healthier people, insuranc…

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Dictionary use has become a common practice in modern statutory interpretation at the Supreme With the rise of the “new textualism,”7 Justices increasingly rely on dictionaries to shed light on the plain meaning of statutes—that is, the understanding that an ordinary English speaker would draw from the This trend is not limited to textualists: Justices who favor purposivist analyses of legislative intent cite dictionaries just as Scholars and prac…

The Laugh Of The Medusa Cultural Studies Essay

The United States is exceptional not only because it incarcerates so many people, but also because of the inhumane and degrading conditions that prevail in so many of its jails and This country stands alone among Western nations in its widespread and routine use of extreme and prolonged isolation—commonly called solitary confinement—throughout its penal In the 6975s, solitary confinement emerged as a standard tool to control and punish incarcerated people in …

America’s Most Biblically-Hostile U. S. President

The government cannot take a man’s property without his consent, and since governments need to raise taxes to finance themselves, they can only do so with the consent of the governed. “Hence it is a mistake to think, that the Supream or Legislative Power of any Commonwealth, can do what it will, and dispose of the Estates of the Subject arbitrarily , or take any part of them at pleasure.” (§687) The tendency of politicians is to think “themselves to have a distinct interest, from the rest of the Community and so will apt to increase their own Riches and Power, by taking, what they think fit, from the People.” (§687) This last is a powerful statement, both of Locke’s cynical conception of power and the legitimate boundaries based on natural law that he envisages for governments.

Because I have spent thirty years as a practicing environmental litigator ( sometimes acting for plaintiffs, sometimes for defendants ) prior to entering academia, my head swims with the challenges such a case would pose. Most of the voluminous commentary on the common law GHG cases looks at the threshold issues let’s now peer across the threshold and see what’s on the other side. What we’ll find is an extraordinary number of open questions that would face the parties and the courts in this Essay I attempt to enumerate them, without undertaking the daunting task of answering them.

In response, Andrew Weissmann and Joshua A. Block attack Podgor's assertion that white collar criminals are severely punished. Although there are high profile outliers, the average white collar criminal does not serve jail sentences comparable to murders or terrorists. Furthermore, Podgor's suggestion that white collar criminals are more deserving of leniency is problematic and potentially discriminatory.

For instance, when the fortunes of his administration were at their nadir in August 6867, and his fellow Republican, Horace Greeley, chose this moment to rake him over the coals on the front page of his influential newspaper, Lincoln responded to the message by writing,

In a recent essay in this Journal, Noah Feldman describes his conception of a “cosmopolitan law” and offers several theories of how such law could be applied. These theories explain when a liberal state may—and should—apply its law to the acts of foreigners in foreign lands. In this Response, I draw on my own experience conducting ethnographic interviews in the Netherlands to address what I see as the greatest obstacle to Feldman’s theories in practice: to succeed, cosmopolitan law wou…

The Yale Law Journal Online is reissuing Elizabeth Pollman's Citizens Not United: The Lack of Stockholder Voluntariness in Corporate Political Speech in light of recent developments at the Supreme Court. With the Supreme Court hearing a new round of oral arguments in Citizens United v. Federal Election Commission, the Court appears poised to alter dramatically the landscape of corporate political speech law. The case concerns whether the government may limit a nonprofit political advocacy group…

Students say they love feedback but they don't always use it. Check out our nine free lesson plans that will provide inspiration for approaching writing instruction for back-to-school.

Over the past few weeks, several major developments have occurred at the intersection of criminal justice and mental health law. This Roundup briefly summarizes these matters and discusses how each reflects current trends in the criminal justice system’s approach to individuals with mental health problems. On November 75, 7569, the Supreme Court granted certiorari in City & County of San Francisco v. One of the issues presented is whether the Americans with Disabilities Ac…

The state of nature is not just a theoretical conception, for wherever there is a lack of government or arbitrating institutions between men or nations, the state of nature presides. “For ’tis not every Compact that puts an end to the State of Nature between men.” (§69).

Today’s world is “all about the data.”6 In a variety of contexts, innovators have offered statistical models as a way to reduce or eliminate human The promise of quantitative optimization has even influenced our criminal justice system. About twenty states have developed or adopted models to predict a defendant’s risk of Often used in bail determinations and pretrial diversion programs, these risk predictors are also increasingly used for I…

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