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Roberts Court
About: Roberts Court is a research topic. Over the lifetime, 397 publications have been published within this topic receiving 1468 citations.
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TL;DR: The American Political Science Association (APSA) as discussed by the authors published a survey of political science publications in 2017, with a focus on women's political empowerment, including women's reproductive health.
Abstract: © American Political Science Association, 2017 doi:10.1017/S1049096516002079 ........................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................
3 citations
01 Jan 2011
TL;DR: For instance, the authors examines the Court's past references to dignity and argues that the conception of dignity that is evoked in the federalism cases - which focus, at root, on the autonomy of the states and their power of self-determination - helps to inform a constitutional conception of human dignity.
Abstract: Throughout its history, the Supreme Court has assumed that dignity is relevant to constitutional interpretation, though it has rarely considered exactly how. In the post-war years, the Court (like its counterparts around the world) found that human dignity underlay many individual rights, and in the 1990s, the Court's federalism jurisprudence found that the dignity of states immunized them from most lawsuits in both state and federal courts. This article examines the Court's past references to dignity and argues that the conception of dignity that is evoked in the federalism cases - which focus, at root, on the autonomy of the states and their power of self-determination - helps to inform a constitutional conception of human dignity. Indeed, in cases from the Rehnquist years as well as in the Roberts Court, justices from both sides of the political and jurisprudential spectrum have acknowledged the importance of human dignity to constitutional interpretation. This article provides a theoretical framework for understand what the constitutionalization of human dignity might look like.
3 citations
Posted Content•
TL;DR: In this article, the authors present a new constitutional approach to campaign finance corruption that builds on the basic premise that what can be plausibly exchanged between an individual contributor and individual officeholder, can similarly be exchanged between a contributor and a group of officeholders, who agree to coordinate.
Abstract: The Article challenges urgent calls for the de-regulation of party campaign finance as part of the ongoing transformation of federal campaign finance law under the Roberts Court. First, on the legal front, the Article presents a new constitutional approach to campaign finance corruption that builds on the basic premise that what can be plausibly exchanged between an individual contributor and individual officeholder, can similarly be exchanged between a contributor and a group of officeholders, who agree to coordinate. This intuition about collective quid pro quo corruption stays faithful to the basic conception of the quid pro quo exchange as its defining harm, just as the Roberts Court insists, but allows for pragmatic sensibilities about a campaign finance system in which officeholders and candidates are thoroughly interconnected in both campaign finance and lawmaking by their party ties. Second, on the policy front, the Article engages normative appeals to de-regulate party campaign finance and centralize campaign finance in the parties as a response to the rise of Super PACs and other outside groups. I skeptically assess the consequences of de-regulating party campaign finance and argue that campaign finance law should re-discover central concerns about distributional representation, rather than focusing too narrowly on the balance of power among party elites.
3 citations
Posted Content•
TL;DR: For example, the authors argues that a state that by supreme judicial self-profession is axiologically incompetent to pass on questions of the meaning or value of human life is demonstrably not sovereign or possessed of sovereign dignity.
Abstract: Drawing on classical and contemporary jurisprudence and political philosophy, this Essay argues that the Roberts Court should seize the next apt moment to abandon the doctrines of "sovereignty" and "sovereign dignity" that the Rehnquist Court developed over the decade that began with the 1996 decision in the Seminole case. Although pursued in service of the laudable goal of "our federalism," these doctrines work a corruption of our legal, political, and moral self-understanding. As they do so, they distract the Court and the citizenry from the disciplined commitment to the rule of law and legal justice by which a body politic and its state earn their true dignity (but not sovereignty). The Court's baroque and unconvincing metaphysics of sovereignty and sovereign dignity should be retired in favor of a political and legal vision informed by a constitutional commitment to natural law and natural rights, which stand in every season as a bulwark against the overreaching claims of putative sovereigns. A state that by supreme judicial self-profession is axiologically incompetent to pass on questions of the meaning or value of human life is demonstrably not sovereign or possessed of sovereign dignity.
2 citations
Posted Content•
TL;DR: The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis as mentioned in this paper.
Abstract: The rise of human resources departments parallels the increase in the myriad statutory and regulatory requirements that govern the workplace The Supreme Court's decisions in labor and employment law cases are largely monitored and implemented by HR professionals who must carry out these directives on a daily basis This article looks at the Roberts Court's labor and employment law cases through the lens of human resources In adopting an approach that is solicitous towards HR departments and concerns, the Roberts Court reflects a willingness to empower these private institutional players Even if labor and employment law scholars do not agree with the solicitousness, they should use the opportunity to develop a positive theory of HR, one that directs this workforce in a just and ethical manner
2 citations