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Robert Justin Lipkin

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The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin Dec 2008

The Obama Phenomenon: Deliberative Conversationalism & The Pursuit Of Community Through Presidential Politics, Robert Justin Lipkin

Robert Justin Lipkin

Does political theory have an interesting relationship to presidential politics? This Article argues that the public statements of Senator Barack Obama exemplify an anti-foundationalist theory of political dispute resolution. This theory, called “deliberative conversationalism,” attempts to answer the question of how agreement is possible in a republican democracy. The theory’s central features include deliberation, conversation, transformative change, community, and, consensus. These are also elements in Senator Obama’s vision for a new American politics. Understanding the relationship between the theory of deliberative conversationalism and Senator Obama’s public statements provides a window into the mind of a politician who may become the …

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Federalism As Balance, Robert Justin Lipkin Dec 2003

Federalism As Balance, Robert Justin Lipkin

Robert Justin Lipkin

Federalism as balance between the federal government and the states is a deeply entrenched principle of American constitutional law. Without the idea of balance or some replacement concept, judges and constitutional scholars seem incapable of conceptualizing federalism and resolving federalist conflicts. The thesis of the Article is that federalism as balance must be reexamined to assess whether it is jurisprudentially sound. For this purpose, the Article introduces a framework for understanding balancing discourse generally. Upon examination, federalism as balance does not satisfy the requirements articulated by this framework. The result is that this conception has no discernible content and therefore …

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A Reply To Justice Philip Talmadge, Robert Lipkin Dec 2000

A Reply To Justice Philip Talmadge, Robert Lipkin

Robert Justin Lipkin

No abstract provided.

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