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Full-Text Articles in Law
Rights Without Remedies, Adam Lamparello
Rights Without Remedies, Adam Lamparello
Adam Lamparello
The Court should modify the standing doctrine in some contexts for the same reason that, in Shelby County, it invalidated two provisions of the Voting Rights Act: the legislature cannot and will not fix the problem. No legal doctrine should be applied without examining whether elected representatives are capable of remedying specific harms and accounting for the relative unfairness in democratic governance. When the traditional standing requirements are rigidly applied without considering these factors, the Court undermines the separation of powers and prevents sound judicial decision-making. In essence, rigid application of the standing doctrine sends a message to litigants …
Democracy And Torture, Patrick A. Maurer
Democracy And Torture, Patrick A. Maurer
Patrick A Maurer
September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.
Are Jurisprudential Debates Conceptual?: Some Lessons From Democratic Theory, Dan Priel
Are Jurisprudential Debates Conceptual?: Some Lessons From Democratic Theory, Dan Priel
Dan Priel
The dominant view among legal philosophers is that jurisprudential debates about the nature of law are conceptual. In this article I challenge this view. I do so by comparing these debates to debates about the justification of democracy and showing that the arguments found in both are often very similar. I demonstrate that in both domains, there are arguments on one side that explain an institution (either law or democracy) in terms of its ability to help people lead a better life, and there are arguments on the other side that highlight the value of these institutions in promoting political …
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Estructuras De Apoyo Y Justicia Dialógica. Vías Para La Reconciliación Entre Constitucionalismo Y Democracia, Juan Luis Hernández Macías
Juan Luis Hernández Macías
No abstract provided.