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The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios 2010 Osgoode Hall Law School of York University

The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios

Osgoode Hall Law Journal

This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being subject to ...


Patriarchy: The Political Theory Of Family Authority In The Book Of Genesis, Geoffrey P. Miller 2010 New York University

Patriarchy: The Political Theory Of Family Authority In The Book Of Genesis, Geoffrey P. Miller

New York University Public Law and Legal Theory Working Papers

This paper extends on prior work analyzing political theory in the Hebrew Bible. The Garden of Eden story offers a prolegomenon, presenting a developed utopian argument and sketching out other bases for political authority. The narratives of the Dark Age, the Flood, Noah’s covenant and the Tower of Babel argue that government and law are essential for human flourishing. The Bible next takes up the topic of authority in families. The book of Genesis endorses a strong form of patriarchal authority but also recognizes limits to that authority based on kinship, release, abandonment, higher authority, and power. It privileges ...


At&T V. Hulteen: The Ghost Of The Supreme Court On Pregnancy Discrimination And Pay Equality For Women’S Pension Benefits In America, Walakewon Blegay 2010 American University Washington College of Law

At&T V. Hulteen: The Ghost Of The Supreme Court On Pregnancy Discrimination And Pay Equality For Women’S Pension Benefits In America, Walakewon Blegay

Articles in Law Reviews & Journals

Historically, discrimination against women concerning childbirth and pregnancy was legally sanctioned and resulted in fewer advantages for women in the workforce. Most employers discharged a woman as soon as she became noticeably pregnant, and if she returned, she was considered a new, rather than a returning employee. Before 1978, many employers would give female employees a maximum of thirty days of credited pregnancy-related disability leave, while non-pregnant employees would receive unlimited credit for disability leave. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA), requiring that employers treat pregnant employees the same as employees who were not pregnant.

These laws ...


Regulating Secondhand Tobacco Smoke In The Americas: A Comparison Of The Top Down And Bottom Up Approaches In Brazil And The United States, Leigh Warren 2010 American University Washington College of Law

Regulating Secondhand Tobacco Smoke In The Americas: A Comparison Of The Top Down And Bottom Up Approaches In Brazil And The United States, Leigh Warren

Articles in Law Reviews & Journals

The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the ...


Money, Meet Mouth: The Era Of Regulation And Prescription Drug Importation/Reimportation, Aaron Wong 2010 American University Washington College of Law

Money, Meet Mouth: The Era Of Regulation And Prescription Drug Importation/Reimportation, Aaron Wong

Articles in Law Reviews & Journals

The author explores why our country has failed to devote the necessary resources to health care, and in particular prescription drug importation and reimportation, in an economic and legal context. He analyzes the unique market characteristics of the pharmaceutical industry, the framework of pharmaceutical drug regulation including prescription drug importation, and the regulatory structure of importation in general. Part II provides background on the health care industry and prescription drug markets in the U.S. and abroad. Part III examines legislative proposals for drug importation and reimportation and the controversial congressional reaction to rising prescription drug prices in the U ...


Reexamining Models Of Disability And Applying Rationality, Morality, And Ethics To Support Disability Rights In Context Of Genetics, Gary C. Norman 2010 American University Washington College of Law

Reexamining Models Of Disability And Applying Rationality, Morality, And Ethics To Support Disability Rights In Context Of Genetics, Gary C. Norman

Articles in Law Reviews & Journals

The author discusses genetic and assistive reproduction science and technology in light of their impact on people with disabilities. Specifically, he focuses on the prism of the models through which disability is recognized. If applied in a manner such that the best facets of both models of disability can bear forth, then the position of the author, a person with a vision disability, is that his colleagues in the disability civil rights movement should not reflexively excoriate genetic and assisted reproduction science and technology. However, safeguarding people with disabilities, who are a discrete and insular minority across the globe, against ...


One Free Swerve? Requiring Police To Corroborate Anonymous Tips In Order To Establish Reasonable Suspicion For Warrantless Seizure Of Alleged Drunk Drivers, Michael B. Kunz 2010 American University Washington College of Law

One Free Swerve? Requiring Police To Corroborate Anonymous Tips In Order To Establish Reasonable Suspicion For Warrantless Seizure Of Alleged Drunk Drivers, Michael B. Kunz

Distinguished Student Research Papers

The Supreme Court holds that warrantless searches and seizures are presumptively unreasonable. Nonetheless, the Court has carved out exceptions that give law enforcement officials considerable flexibility with which to conduct their day-to-day criminal investigations. One such exception to the warrant requirement is that police may stop and question an individual so long as the detaining officer has a reasonable belief that criminal activity may be taking place. Furthermore, the Court permits this requisite reasonable suspicion to be based on information provided by third-party sources, and has identified specific limits as to the type and quality of information police may use ...


The Inevitability Of Gerrymandering: Winners And Losers Under Alternative Approaches To Redistricting, Justin Buchler 2010 Duke Law

The Inevitability Of Gerrymandering: Winners And Losers Under Alternative Approaches To Redistricting, Justin Buchler

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer 2010 Duke Law

The Future Of Section 2 Of The Voting Rights Act In The Hands Of A Conservative Court, Luis Fuentes-Rohwer

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Journal Staff, 2010 Duke Law

Journal Staff

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Foreword, 2010 Duke Law

Foreword

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Getting From Here To There In Resistricting Reform, Heather K. Gerken 2010 Duke Law

Getting From Here To There In Resistricting Reform, Heather K. Gerken

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


Majority-Latino Districts And Latino Political Power, Melissa R. Michelson Ph.D. 2010 Duke Law

Majority-Latino Districts And Latino Political Power, Melissa R. Michelson Ph.D.

Duke Journal of Constitutional Law & Public Policy

No abstract provided.


S10rs Sgb No. 18 (Roc), Clark 2010 Louisiana State University

S10rs Sgb No. 18 (Roc), Clark

Student Senate Enrolled Legislation

A BILL

To amend Article 5 Section 3 Subsection A of the LSU Student Government Rules of Court


F09rs Sgb No. 4 (Secretary Duties), Mullen, Gammon 2010 Louisiana State University

F09rs Sgb No. 4 (Secretary Duties), Mullen, Gammon

Student Senate Enrolled Legislation

No abstract provided.


The Soul Of The Profession, Mario M. Cuomo 2010 Pace University

The Soul Of The Profession, Mario M. Cuomo

Pace Law Review

No abstract provided.


The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon 2010 N.Y. Appellate Division, 2d Dept.

The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon

Pace Law Review

No abstract provided.


Of Counsel, Volume 10 | Spring 2010, North Carolina Central University School of Law 2010 North Carolina Central University School of Law

Of Counsel, Volume 10 | Spring 2010, North Carolina Central University School Of Law

Of Counsel

No abstract provided.


S10rs Sgr No. 11 (Academic Counselors), Gambino, Caffarel 2010 Louisiana State University

S10rs Sgr No. 11 (Academic Counselors), Gambino, Caffarel

Student Senate Enrolled Legislation

No abstract provided.


Notre Dame Lawyer - Spring 2010, Notre Dame Law School 2010 Notre Dame Law School

Notre Dame Lawyer - Spring 2010, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.


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