1,722,626 research outputs found

    February 19, 2009: A New Questions for the Author

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    Blog post, “A New Questions for the Author“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America

    November 21, 2007: Philip Pullman--Author of Hallowed Secularism?

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    Philip Pullman--Author of Hallowed Secularism

    January 25, 2009: 10 Questions for the Author

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    Blog post, “10 Questions for the Author“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America

    An Essay Concerning Judicial Resignation and Non-Cooperation in the Presence of Evil

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    The author discusses the justification for judicial resignation in abortion and death penalty cases against the background of the movement to abolish slavery. The author criticizes the profession for failure to consider the personal responsibility of judges for enforcing particular laws. The author proposes a formal, public mechanism of recusal in cases of conscience so that judges need not choose between enforcement and resignation

    Judicial Conscience and Natural Rights: A Reply to Professor Jaffa

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    This Article replies to Professor Harry V. Jaffa’s article “What Were the ‘Original Intentions’ of the Framers of the Constitution of the United States?” The Article focuses on the gap the author argues Professor Jaffa left between the consciousness of the Framers and the practice of judicial review today. The author argues that the understanding that Professor Jaffa brings to the intent of the Framers is one that opens up the Constitution to the call of justice, but the author critiques the utility of Professor Jaffa’s work in resolving the contentious constitutional issues of today, including abortion and capital punishment

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    The Threat of Independent Political Spending to Democratic Life -- and a Plan to Stop It

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    Ledewitz argues that it is independent spending, rather than campaign donations in general, that threatens to undermine the nature of elections. Independent spending takes away debates and decisions from candidates and voters and empowers organizations that are, because of non-coordination requirements, independent and politically irresponsible. To deal with this immediate threat, the author proposes the elimination of all contribution limits to candidates for office, which would greatly inhibit independent spending. The Article opens in Part I with the legal history and current status of independent political spending. Then, in Part II, the Article shows how independent spending threatens democracy more fundamentally than does the influence of money in general. Part III outlines Ledewitz\u27s plan to limit independent spending, which consists of the simple expedient of eliminating campaign contribution limits and addresses some of the concerns that arise from the resulting regime of unlimited direct campaign contributions. Finally, in Part IV, the author returns to Professor Lawrence Lessig\u27s program of campaign finance reform and suggests that eliminating contribution limits would actually advance that program

    The New Roles of Statutory Aggravating Circumstances in American Death Penalty Law

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    This article examines the quantitative and qualitative requirements encompassed in the Supreme Court\u27s latest formulation of the role of statutory aggravating circumstances in death penalty law. The author further evaluates current state statutory aggravating circumstances in light of this new formulation. Finally, the author urges an extensive analysis by the Court in reviewing state sentencing systems to ensure Furman\u27s promise of rationality in determining who deserves to die

    What\u27s Really Wrong with the Supreme Court of Pennsylvania

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    The Supreme Court of Pennsylvania has been roundly criticized based on the actions of its justices. This article looks beyond the personal criticisms of the court to ask whether the court, as an institution, adequately performs its judicial function. The author determines that the Supreme Court of Pennsylvania fails in its duty by either shirking its responsibilities or, conversely, by overreaching its authority
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