Search results for: "legitimacy" (1038 results)
problem for the legitimacy of the DMCA anticircumvention provisions. The relatively large set of potential uses to which any intangible good may be
note 11, at 1085 (“Moreover, at least partly because of concerns of legitimacy, democracy, and separation of powers, present-day U.S. courts tend to
affirmative action debate should be left to the political process. Judges have neither the competence nor the legitimacy to make judgments that are
] (arguing that the current power af- forded to federal prosecutors threatens the legitimacy of the American criminal system); Ra- chel E. Barkow
failures and the legitimacy of preemption of local government authority). Moreover, David Schleicher has argued that state legislative races are
with the democratic system. Moreover, questioning the legitimacy of election results can undermine the authority of elected officials, which can lead to
dangers of self-policing. Legitimacy and the perception of fairness decrease when self-regulation is the chosen method for governing attorney conduct
and judicial responses—and their respective claims of legitimacy and institutional competence—the societal damages approach examines ways to
conception of “vested rights” was sufficiently flexible to allow for a relatively wide ambit of state regulation.393 Cooley’s focus on the legitimacy
or legitimacy—for making the law “look” as constant as possible, even if deviations in application will inevitably occur. If, in contrast, below-the