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Full-Text Articles in Philosophy

Beyond “Good Behaviour”: A Plan To Restructure The Supreme Court Of The United States, Ross Mcnearney Jan 2019

Beyond “Good Behaviour”: A Plan To Restructure The Supreme Court Of The United States, Ross Mcnearney

Undergraduate Honors Theses

The Supreme Court of the United States truly decides what the law is. It is the final say in any legal battle, and as a result, it is in many ways more powerful than either the legislative or executive branches of the United States government. It performs an important check on both of those branches and serves a vital function in the democracy of the United States. But its current structure leaves something to be desired. There are too few justices, and life tenure is a mistake. Plus those justices represent a very geographically narrow selection of the country’s ...


Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang Oct 2018

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

Faculty Scholarship at Penn Law

Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in ...


An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr Apr 2012

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.