Theoretical Inquiries in Law

ISSNs: 1565-1509, 1565-3404

22 found

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  1.  5
    A typology of the localism-regionalism nexus.Nir Barak - 2023 - Theoretical Inquiries in Law 24 (2):213-239.
    Cities are traditionally characterized as a sub-unit of the state that functions as a socioeconomic node. However, global trends in recent decades indicate that cities are gradually acquiring a semi-independent political role, challenging and contesting the nation state`s authority. Into the twenty-first century, cities` actions in global politics (e.g., supranational city-based networks) and within the state (e.g., sanctuary cities) indicate that they aspire to attain or even directly claim more political autonomy. However, achieving these localist goals sometimes warrants regional cooperation (...)
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  2.  4
    National priority regions (1971–2022): Redistribution, development and settlement.Ofra Bloch - 2023 - Theoretical Inquiries in Law 24 (2):267-290.
    National Priority Regions (NPRs) are one of Israel’s most robust tools for redistribution: a resource allocation governmental plan that favors some regions over others, mostly according to their socioeconomic status and peripherality. Drawing on archival research, this article is the first to focus on this topic and provide a detailed description and analysis of this measure. It provides historical and theoretical accounts of NPRs, tracing their history, starting in the 1970s, over three periods and showing how they have been used (...)
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  3.  6
    Megalopolis bound?Nestor M. Davidson - 2023 - Theoretical Inquiries in Law 24 (2):73-91.
    Since ancient Greece’s “megalopolis,” the concept of vast cities has loomed in the urban discourse. A century ago, English planner Patrick Geddes warned about a growing imbalance between traditional society and ever-larger conurbations, an anxiety that Lewis Mumford later invoked to predict that urban hubris would inevitably collapse of its own weight. In 1961, by contrast, the geographer Jean Gottman surveyed the interconnected agglomeration stretching from Washington, D.C. up the east coast of the United States to the cities of southern (...)
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  4.  5
    The democratic problems with Washington as the capital.David Fontana - 2023 - Theoretical Inquiries in Law 24 (2):119-139.
    Democracy demands a capital city that represents a country and is not removed from it. If the government is to be of the people and for the people, then the capital must be able to relate to the people—and the people to the capital. In the United States, democracy struggles not just because of what happens outside of and comes to Washington, but because of what happens inside Washington. The federal government, in other words, faces democratic problems because of the (...)
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  5.  5
    Can micropolitan areas bridge the urban-rural divide?Clayton P. Gillette & Sheila R. Foster - 2023 - Theoretical Inquiries in Law 24 (2):93-117.
    In this Article, we explore a subset of the urban-rural divide and propose a mechanism for reducing its economic and political effects within that limited realm. Specifically, we focus on the subset of rural areas that lie within what the Office of Management and Budget defines as micropolitan areas. Micropolitan areas are characterized by an urban area with a population between 10,000 and 50,000, and adjacent rural counties. Data suggest that rural areas within micropolitan regions do better economically than rural (...)
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  6.  4
    The challenge of regionalist institutions without regionalist politics.Roderick M. Hills - 2023 - Theoretical Inquiries in Law 24 (2):291-316.
    Scholarship on regionalist institutions lacks a theory of regionalist politics because we lack regional political parties, without which regional politics is difficult. Particularly in the United States, regional governments are the product of either intergovernmental agreements between governments controlled by ostensibly national parties or state statutes and federal grants administered by ostensibly nonpartisan bureaucrats. The absence of truly regionalist politics and parties creates problems for governmental problem-solving at both the national and regional levels. First, politics abhors a vacuum: In the (...)
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  7.  8
    The science of urban regions: Public-science-community partnerships as a new mode of regional governance?Christian Iaione & Elena De Nictolis - 2023 - Theoretical Inquiries in Law 24 (2):141-162.
    This article offers a discussion on the opportunity of collaborative, multi-actor (public, private, science, social, and civic actors) partnerships as experimental policymaking and governance solutions for climate mitigation and adaptation plans geographically localized at the urban, metropolitan, and regional level. It sets out considerations as regards the need to design newly conceived permanent or temporary institutional geographies by building on the analysis of examples of policies implementing this kind of partnerships in Italy (e.g., river contracts; river foundations; neighborhood agreements; pacts (...)
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  8.  2
    Shadow regionalism in immigration enforcement during COVID-19.Fatma Marouf - 2023 - Theoretical Inquiries in Law 24 (2):241-266.
    Stark variations exist in U.S. immigration enforcement. These variations have persisted even during the COVID-19 pandemic, when special measures that should have constrained variations were in place. This Article argues that variations in discretionary enforcement decisions based on resistance to national policies, bias, illegal tactics, or arbitrariness are unjust and should be curtailed. The Article first distinguishes between transparent sources of variation in immigration law and variations that stem from non-transparent, discretionary determinations. Within the category of discretionary determinations, the Article (...)
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  9.  1
    Cities in a world of regions – Remarks from an international law perspective.Helmut Philipp Aust - 2023 - Theoretical Inquiries in Law 24 (2):55-71.
    The role of subnational regions is ill-conceived in international law scholarship, which has come to slowly accept the important role that cities can play as international actors. Opening up the academic debate for a perspective on regions promises to develop new insights on the divide of governance functions between international organizations and states, regions and cities. At the same time, the regional focus helps to unearth some of the shortcomings of overly enthusiastic approaches to what cities can do as global (...)
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  10.  3
    The political stakes of regions.Issi Rosen-Zvi & Yishai Blank - 2023 - Theoretical Inquiries in Law 24 (2):27-53.
    Regionalism is experiencing a global resurgence as countries grapple with issues such as coordination problems, economic inequality, racial tensions, and environmental degradation. Nations are exploring various regional entities as potential solutions to these challenges. However, despite the growing prominence of regions, they remain undertheorized. While extensive research has been conducted on national and local governments, regions have often been treated as either state-like or locality-like, or as ad-hoc remedies for the limitations of both. This article seeks to complicate this perspective (...)
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  11.  6
    Seeing like a region.Richard C. Schragger - 2023 - Theoretical Inquiries in Law 24 (2):1-25.
    Observers of metropolitan dysfunction have long advocated for a regional tier of government that could (among other things) equalize spending across local jurisdictions, pursue cooperative economic development policies, provide for fair share housing, rationalize land use, and coordinate transportation planning. For many good government reformers, right-scaling our fragmented metropolitan areas appears to be an obvious solution to interjurisdictional spillovers and competitive races-to-the-bottom. This article counsels caution. “Region hope”—the idea that the substantive problems of metropolitan governance can be solved regionally by (...)
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  12.  6
    Communities of competitors: Toward leveraging the region’s contradictions.Fred O. Smith - 2023 - Theoretical Inquiries in Law 24 (2):163-187.
    Fragmented regions face a range of collective action problems on issues ranging from transportation to affordable housing. Specifically, within regions, free-rider and race-to-the-bottom problems both abound. This Article offers theoretical lenses to clarify the sources of, and barriers to solving, these problems. First, it introduces the concept of concentricity to better understand the region. The municipality and the region represent coexisting, concentric communities and nodes of competition. The geographically based identity that one espouses may toggle between the local and the (...)
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  13.  6
    Regionalism as a mode of inclusive citizenship in divided societies.Manal Totry-Jubran - 2023 - Theoretical Inquiries in Law 24 (2):189-212.
    This Article presents a new mode of governance called “inclusive regionalism,” which aims at curing the fragmented citizenship of marginalized groups within multicultural-divided societies. It seeks to expand the theoretical work on the appropriate mode of local governance in multicultural-divided societies from a narrow resident-based to a broad citizen-based point of view. I argue that regionalism can play a dual role in curing social ills through the establishment of regional facilities that engage in civic activities and promote solidarity between citizens. (...)
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  14.  5
    Nondomination and the ambitions of employment law.Aditi Bagchi - 2023 - Theoretical Inquiries in Law 24 (1):1-25.
    There is something missing in existing discussions of domination. While republican theory, antisubordination theory, and critical legal theory each have contributed significantly to our understanding of domination, their focus on structural relationships and group subordination can leave out of focus the individual wrongs that make up domination, each of which is an unjustified exercise of power by one person over another. Private law (supported by private law theory) plays an important role in filling out our pictures of domination and the (...)
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  15.  6
    Relational and associational justice in work.Hugh Collins - 2023 - Theoretical Inquiries in Law 24 (1):26-48.
    This Article explores the idea that the moral standards of relational or interpersonal justice can be used to lay the foundations for a theory of justice in work, rather than relying on principles of justice developed for society as a whole in philosophical theories of distributive justice. It is argued that a rich and distinctive scheme of interpersonal justice can be developed by using a method of internal critique and by focusing on two distinctive features of contracts of employment. Because (...)
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  16.  5
    The work of tort law: Why nonconsensual access to the workplace matters?Avihay Dorfman - 2023 - Theoretical Inquiries in Law 24 (1):74-96.
    Tort law does many things—it determines substantive rights, decides what counts as violating these rights, recognizes rights of repair, and grants rights of redress. Two non-instrumentalist conceptions of tort law appear to dominate how we are supposed to understand and discharge these tasks. One conception takes tort law to be the law of wrongs, whereas the other conception identifies tort law with the law of victim recourse. I argue that both conceptions (including a combination of both) mischaracterize what tort law (...)
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  17.  3
    The classical liberal version of labor law: Beware of coercion dressed up as liberty.Richard A. Epstein - 2023 - Theoretical Inquiries in Law 24 (1):97-123.
    In this Article, I contest on both theoretical and empirical grounds the progressive agenda, as represented by Hanoch Dagan, that seeks to advance the unionization movement in the name of individual autonomy and property. Theoretically, the Article shows that the common-law account of autonomy, which stresses freedom of action from external constraints involving the use or threat of force, provides the best analytical framework, one that undermines the modern progressive case for collective bargaining by workers. The negative account of autonomy (...)
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  18.  5
    Is labor law internal or external to private law? The view from Cedar point.Cynthia Estlund - 2023 - Theoretical Inquiries in Law 24 (1):124-146.
    This Article contrasts two views of the relationship between the fields of work law and private law. The “internal” view, propounded by Hanoch Dagan, would bring work law into the domain of private law by recentering the latter, including property law, around liberal values of reciprocal respect for autonomy. The “external” view locates the law of work in an overlapping but distinct domain that we might call “social law,” where it operates as a set of externally imposed conditions on the (...)
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  19.  8
    Can contract emancipate? contract theory and the law of work.Michael Heller & Hanoch Dagan - 2023 - Theoretical Inquiries in Law 24 (1):49-73.
    Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we reunite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. If this were an accurate description of what contract is, then contract law would be right to expel workers. Worker protections would indeed be better regulated by—and (...)
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  20.  10
    The history of job (in)security: Why private law theory may not save work law.Sophia Z. Lee - 2023 - Theoretical Inquiries in Law 24 (1):147-179.
    This Article uses a history of the push for job security in the United States during the late 20th century to assess New Private Law (NPL) theory. The history recounts the rise and fall of common law and statutory approaches to replacing at-will employment with termination for just cause only. Applying NPL theory to that history, the Article argues that NPL theorists’ current approach to defining their topic of study and distinguishing it from public law is inconsistent within and across (...)
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  21.  6
    Managerial prerogative, property rights, and labor control in employment status disputes.Julia Louise Tomassetti - 2023 - Theoretical Inquiries in Law 24 (1):180-205.
    This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not the exercise (...)
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  22.  5
    Good faith in employment.Sabine Tsuruda - 2023 - Theoretical Inquiries in Law 24 (1):206-228.
    This Article argues that the duty of good faith in contractual performance offers powerful but neglected resources to empower workers to pursue their legitimate interests and resist mistreatment by employers. The duty of good faith creates a joint authority structure within contractual relationships, vesting co-contractors with equal and joint authority over the meaning, purposes, and, hence, the requirements of their contract. Implementing such an authority structure requires ensuring that the parties to a contract have the communicative space and epistemic resources (...)
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