Search results for: "legitimacy" (1038 results)
“Rightly or wrongly decided, Beaumont dictates the level of scrutiny and the potential legitimacy of the interests Minnesota advances by prohibiting
legitimacy. Id.at 51-52. Her account portrays the value of character in largely instrumental terms, however. Id at 53, 114-116;see also Ruth W. Grant
equality, or criminal procedure. They have also theorized those cases as fueling a “crisis of political legitimacy,” as instantiating the
funding programs: “The legitimacy of Congress’s exercise of the spending power . . . rests on whether the State voluntarily and knowingly accepts the
should qualify as law given its nonpositivist foundations.55 And while treaty law has not been put similarly to doubt, the legitimacy of lawmaking and
Taft-Hartley debates, it had become clear that such institutional legitimacy as unions could expect to enjoy in the post- war industrial relations
legislatively detailed crimes, and that any “substantial deviation from that ‘method’ threatened the criminal law’s legitimacy.” John Coffee, arguably the
race-conscious and invidious motive by itself strips a law of its presumptive legitimacy. There’s little work left for strict scrutiny to do. By
Schragger, supra note 43. the yale law journal 886 markets with democratic legitimacy. When the bond market becomes a despot, we have
representation to ensure that promiscuous sex is not taught. Such democratic methods of representation would have a stronger claim to legitimacy than