Search results for: "legitimacy" (1282 results)
it did for the reasons it may have made it. It is a question of the constitutionality of means, not of the legitimacy of the ends. In that sense
piece with a broader crisis in the democratic legitimacy of the criminal law. Simply put, the criminal law is increasingly powerless against the powerful
the public-health emergency justified platforms intervening to protect people from physical harm.18 But questions about the legitimacy of platform
most centrally, the Court staked its claim to the legitimacy of Dobbs—and other decisions that will implement its history-and-tradition method—on the
” Perhaps most centrally, the Court staked its claim to the legitimacy of Dobbs—and other decisions that will implement its history-and-tradition method—on
individual autonomy rights against third-party interests in the overall legitimacy of the military commission system, its capacity to reach just
practices with political legitimacy” that is at least presumptively determinative. As I have discussed elsewhere, a third normative commitment involves
abstract. In How to Save the Supreme Court, we identified the legitimacy challenge facing the Court, traced it to a set of structural flaws, and proposed