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Articles 1 - 4 of 4
Full-Text Articles in Law
Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer
Through A Prism Darkly: Surveillance And Speech Suppression In The Post-Democracy Electronic State", David Barnhizer
David Barnhizer
Through a PRISM Darkly: Surveillance and Speech Suppression in the “Post-Democracy Electronic State” David Barnhizer There is no longer an American democracy. America is changing by the moment into a new political form, the “Post-Democracy Electronic State”. It has “morphed” into competing fragments operating within the physical territory defined as the United States while tenuously holding on to a few of the basic creeds that represent what we long considered an exceptional political experiment. That post-Democracy political order paradoxically consists of a combination of fragmented special interests eager to punish anyone that challenges their desires and a central government that …
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
"Linguistic Cleansing": Strategies For Redesigning Human Perception And Behavior, David Barnhizer
David Barnhizer
James Madison recognized the need to balance competing interests in his analysis of factious groups. In Federalist No. 10, Madison sets out the idea of faction in the following words. “By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison goes on to describe two “cures” for faction. One is to “destroy the liberty” that allows it to bloom, …
"Practice Ready" Law Graduates, David Barnhizer
"Practice Ready" Law Graduates, David Barnhizer
David Barnhizer
Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …
Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy
Justice William J. Brennan, Jr., James Wilson, And The Pursuit Of Equality And Liberty, Deborah A. Roy
Cleveland State Law Review
This Article analyzes the jurisprudence of one of the most transformative Supreme Court Justices, William J. Brennan, Jr., from the perspective of his vision that the United States Constitution is founded on Human Dignity. Justice Brennan expressed this principle in his opinions that advanced the realization of individual rights for each and every American. The principle of human dignity invokes the values of equality and liberty. The article shows that Justice Brennan traced the principle of human dignity back to the Founding Fathers and the constitutional government that they established. Rather than being unhinged from the Constitution as his critics …