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I. INTRODUCTION
In the wake of Lawrence v. Texas (1) and Roper v. Simmons, (2) most of the legal world in the United States was alerted to the exist...
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§ 9.1 Introduction to Formalist Decisionmaking. § 9.2 Defining the Formalist Style of Constitutional Interpretation. § 9.2.1 Treatment of Contemporaneous Sources of Interpretation. § 9.2.1.1 Treatment of Text. § 9.2.1.2 Treatment of Context. § 9.2.1.3 Treatment of History. § 9.2.2 Treatment of Subsequent Developments. § 9.2.2.1 Legislative, Executive, and Social Practice. § 9.2.2.2 Judicial Precedents. § 9.2.2.3 Prudential Considerations. § 9.3 Variations in the Formalist Approach. § 9.3.1 Summary of the Basic Formalist Approach. § 9.3.2 Extreme versus Moderate Formalism. § 9.3.3 Conservative versus Liberal Formalism. § 9.3.4 Literal Text versus Specific Historical Intent Formalism. § 9.4 The Formalist Approach, Combined with Affinity for Another Style.
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On November 17, 2009, the North American Electric Reliability Corporation (NERC) submitted a petition (Petition) requesting approval of NERC's interpretation of Requirement R1 of Commission-approved Reliability Standard PRC-005-1 (Transmission and Generation Protection System Maintenance and Testing). On December 16, 2010, the Commission issued a Notice of Proposed Rulemaking (NOPR). In the NOPR, the Commission proposed to accept the NERC proposed interpretation of Requirement R1 of Reliability Standard PRC-005-1, and proposed to direct NERC to develop modifications to the PRC-005-1 Reliability Standard through its Reliability Standards development process to address gaps in the Protection System maintenance and testing standard that were highlighted by the proposed interpretation. As a...
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§ 10.1 Introduction to Holmesian Decisionmaking. § 10.2 Defining the Holmesian Style of Constitutional Interpretation. § 10.2.1 Treatment of Contemporaneous Sources of Interpretation. § 10.2.1.1 Treatment of Text. § 10.2.1.2 Treatment of Context. § 10.2.1.3 Treatment of History. § 10.2.2 Treatment of Subsequent Developments. § 10.2.2.1 Legislative, Executive, and Social Practice. § 10.2.2.2 Judicial Precedents. § 10.2.2.3 Prudential Considerations. § 10.3 Variations in the Holmesian Approach. § 10.3.1 Summary of the Basic Holmesian Approach. § 10.3.2 Extreme versus Moderate Holmesians. § 10.3.3 Conservative versus Liberal Holmesians. § 10.4 The Holmesian Approach, Combined with Affinity for Another Style.
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Originally published April 7, 2011
Keywords: Department of Justice, DOJ, foreign official, Foreign Corrupt Practices Act, FCPA, state-owned corporat...
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§ 11.1 Introduction to Instrumentalist Decisionmaking. § 11.2 Defining the Instrumentalist Style of Constitutional Interpretation. § 11.2.1 Treatment of Contemporaneous Sources of Interpretation. § 11.2.1.1 Treatment of Text. § 11.2.1.2 Treatment of Context. § 11.2.1.3 Treatment of History. § 11.2.2 Treatment of Subsequent Developments. § 11.2.2.1 Legislative, Executive & Social Practice. § 11.2.2.2 Judicial Precedents. § 11.2.2.3 Prudential Considerations. § 11.3 Variations in the Instrumentalist Approach. § 11.3.1 Summary of the Basic Instrumentalist Approach. § 11.3.2 Extreme versus Moderate Instrumentalism. § 11.3.3 Conservative versus Liberal Instrumentalism. § 11.3.4 Other Variations of Instrumentalism. § 11.3.4.1 "Non-Critical" Approaches. A. Pragmatism. B. Utilitarianism. C. Kan...
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Drawing upon a cultural studies perspective, this study investigates the audience role in shaping corporate involvement in social issues - identified as cause-related corporate outreach. We assert that, more than consumer, voter, or passive receptor of corporate messages, the audience is an active participant in the communication process. This case study of the Avon Breast Cancer 3-Day Walk, one of the most visible fitness-based fundraising events, examines the meaning individual participants construct during their involvement in the event. The study provides a context in which public relations practitioners and scholars alike can better understand the role corporate communication plays in defining and preserving community and social values. This understanding can help corporations buil...
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[...] Nietzschean power is not, as Heidegger supposes, a domination over the ontical world. According to Nietzsche, individuals should not be forced to conform to a predetermined mode of existence; on the contrary the exceptions must be saved from the mass steamroller.
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§ 12.1 Introduction to Natural Law Decisionmaking. § 12.2 Defining the Natural Law Style of Constitutional Interpretation. § 12.2.1 Treatment of Contemporaneous Sources of Interpretation. § 12.2.1.1 Treatment of Text. § 12.2.1.2 Treatment of Context. § 12.2.1.3 Treatment of History. § 12.2.2 Treatment of Subsequent Developments. § 12.2.2.1 Legislative, Executive, and Social Practice. § 12.2.2.2 Judicial Precedents. § 12.2.2.3 Prudential Considerations. § 12.3 Variations in the Natural Law Approach. § 12.3.1 Summary of the Basic Natural Law Approach. § 12.3.2 Extreme versus Moderate Natural Law. § 12.3.3 Conservative versus Liberal Natural Law. § 12.4 The Natural Law Approach, Combined with Affinity for Another Style. § 12.4.1 Natural Law Combined with Formalist Interpretation. § 12.4.2 ...
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§ 8.1 Allocating Government Power: Forming a More Perfect Union. § 8.1.1 Judicial Review. § 8.1.2 Federalism. § 8.1.3 Separation of Powers. § 8.1.4 Checks and Balances. § 8.2 Producing Well-Formed Doctrine that Treats Constitutional Text and Precedents in a Principled Manner: Establishing Justice. § 8.3 Reconciling Government Power and Individual Rights: Securing the Blessings of Liberty to Ourselves and Our Posterity. § 8.3.1 Securing the Blessings of Liberty Under the Civil War Amendments. § 8.3.2 Securing the Blessings of Liberty under the First Amendment. § 8.4 Originalist versus Non-Originalist Approaches to Constitutional Interpretation. § 8.4.1 An Originalist Approach: Following the Framers and Ratifiers' Intent or Action. § 8.4.2 A Non-Originalist Approach: Reflect Justice or So...