Search results for: "legitimacy" (1038 results)
legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the
presumption of legitimacy), when a married woman gave birth to a child, the law recognized her husband as the child’s father. This presumption channeled
possible paths by 96 (1997) (arguing that eclectic approaches fail to integrate disparate and seemingly inconsistent theories of legitimacy). 26
—supposedly fail to meet? Some democratic theorists have sought to overcome the legitimacy problems inherent to political boundary-setting by embracing
stunning attack on the legitimacy of judicial review. But what if the problem Bickel (and the generation that preceded him) handed down to us was not an
its legitimacy. In his quarter-century as an Associate Justice, Clarence Thomas has been the most originalist, and arguably the most original, thinker
Adegbile, Policing Through an American Prism, 126 YALE L.J. 2222, 2235-37 (2017); see also Tom R. Tyler & Jeffrey Fagan, Legitimacy and Cooperation: Why
suggested three major approaches to judicial review of this sort.8 The institutional legitimacy strand concerns the identity of the policymaking
rejection of laying procedures implicates the legitimacy of our rulemaking system. This Article offers the first legal history of the Comstock Act from its
Accountability is particularly fundamental in local democracy, which derives its legitimacy from the relatively small size of local jurisdictions, a