Models and Methods Commons^™

State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan

Donald J. Kochan

In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …

The Shield Of Achiles, State, Security And New Wars (El Escudo De Aquiles, Estado, Seguridad Y Nuevas Guerras) Spanish, Fernando Estrada

Fernando Estrada

At this stage of the manifestation of irregular warfare conflicts becomes porous, bottom to top and back. The security of states depends on a weak shield vulnerable to unforeseen terrorist actions. This will not come labeled by a single identity but multiplied their masks, may be a timid bystander who walks the streets at noon sweater dress with a teacher dressed and slow. The security policy imposes severe restrictions on basic freedoms, including perhaps most importantly, individual privacy or family.

Rhetoric In The Civil Wars, Fernando Estrada

Fernando Estrada

Using the conceptual network of Lakoff / Facounnier / Perelman, This article explores the role of language in civil wars. In particular, the ideology in the discourse formed paramilitary in Colombia

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Philosophy, Rationality And Argumentation (Libro: Filosofía, Racionalidad Y Argumentación) Spanish, Fernando Estrada

Fernando Estrada

My interest is to understand the problems with some careful handling of the issues, I believe, relevant. Aristotle, Sophocles, Descartes, Hobbes, Kant, Foucault, Popper and other thinkers, are analyzed in their own texts, or in other cases of individual straight to interpret the problems they posed. It is "the freedom the individual, "" democracy "," body "," man, "language" "Ethics," "rationality," "the argumentacin" etc.. For the reader is book support, a resource for which he is challenged to read reseados texts, a letter with ways to analyze in different directions to locate each one that cause you most concern

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …