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Supreme Court of the United States ————
No. 18-893 IN THE Supreme Court of the United States ———— WEST VIRGINIA HOUSE OF DELEGATES, Petitioner, v. STATE OF WEST VIRGINIA ex rel. MARGARET L. WORKMAN, MITCH CARMICHAEL, President of the West Virginia Senate; DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate; RYAN FERNS, Majority Leader of the West Virginia Senate; LEE CASSIS, Clerk of the West Virginia Senate; and the WEST VIRGINIA SENATE, Respondents. ———— On Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia ———— REPLY BRIEF IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI ———— MARK A. CARTER Counsel of Record DINSMORE & SHOHL LLP 707 Virginia Street, East Chase Tower, Suite 1300 Charleston, WV 25301 (304) 357-0900 [email protected] Counsel for Petitioner June 6, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................ ii ARGUMENT ........................................................ 1 I. THIS COURT SHOULD CONSIDER PETITIONER’S GUARANTEE CLAUSE ARGUMENT ............................................. 1 II. THIS COURT HAS JURISDICTION PURSUANT TO 28 U.S.C. § 1257 TO ISSUE A WRIT OF CERTIORARI .......... 7 CONCLUSION .................................................... 12 (i) ii TABLE OF AUTHORITIES CASES Page(s) Baker v. Carr, 369 U.S. 186 (1962) ................................... 5, 6 Boyd v. Nebraska, 143 U.S. 135 (1892) ................................... 6 Carmichael v. Workman, No. 18-1189 (March 11, 2019) .................. 10, 11 Izumi v. U.S. Phillips Corp., 510 U.S. 27 (1993) ....................................passim Luther v. Borden, 48 U.S. (7 How.) 1 (1849) .......................... 5 Mecham v. Gordon, 751 P.2d 957 (1988) .................................. 3 Nixon v. United States, 506 U.S. -
Spencer Sunshine*
Journal of Social Justice, Vol. 9, 2019 (© 2019) ISSN: 2164-7100 Looking Left at Antisemitism Spencer Sunshine* The question of antisemitism inside of the Left—referred to as “left antisemitism”—is a stubborn and persistent problem. And while the Right exaggerates both its depth and scope, the Left has repeatedly refused to face the issue. It is entangled in scandals about antisemitism at an increasing rate. On the Western Left, some antisemitism manifests in the form of conspiracy theories, but there is also a hegemonic refusal to acknowledge antisemitism’s existence and presence. This, in turn, is part of a larger refusal to deal with Jewish issues in general, or to engage with the Jewish community as a real entity. Debates around left antisemitism have risen in tandem with the spread of anti-Zionism inside of the Left, especially since the Second Intifada. Anti-Zionism is not, by itself, antisemitism. One can call for the Right of Return, as well as dissolving Israel as a Jewish state, without being antisemitic. But there is a Venn diagram between anti- Zionism and antisemitism, and the overlap is both significant and has many shades of grey to it. One of the main reasons the Left can’t acknowledge problems with antisemitism is that Jews persistently trouble categories, and the Left would have to rethink many things—including how it approaches anti- imperialism, nationalism of the oppressed, anti-Zionism, identity politics, populism, conspiracy theories, and critiques of finance capital—if it was to truly struggle with the question. The Left understands that white supremacy isn’t just the Ku Klux Klan and neo-Nazis, but that it is part of the fabric of society, and there is no shortcut to unstitching it. -
Senior Sunni Defections in Syria | the Washington Institute
MENU Policy Analysis / Policy Alert Senior Sunni Defections in Syria by Andrew J. Tabler, Jeffrey White Jul 5, 2012 ABOUT THE AUTHORS Andrew J. Tabler Andrew J. Tabler is the Martin J. Gross fellow in the Geduld Program on Arab Politics at The Washington Institute, where he focuses on Syria and U.S. policy in the Levant. Jeffrey White Jeffrey White is an adjunct defense fellow at The Washington Institute, specializing in the military and security affairs of the Levant and Iran. Brief Analysis The reported defection of a senior Sunni commander and friend of Assad, if true, would be a blow to the regime and an opportunity for Washington. eports that Brig. Gen. Manaf Tlass, a Sunni commander in Syria's elite 105th Brigade, has defected to Turkey R could be a sign that Sunnis are beginning to break with the regime years after being co-opted by President Bashar al-Assad's father, Hafiz. Pro-regime websites have published articles critical of Tlass and his extended family, indicating a serious split. The son of former defense minister Mustafa Tlass, Manaf would be the most senior combat unit commander to have abandoned the regime, and his action highlights the mounting strains on the Syrian army. The 105th Brigade is a component of the Republican Guard Division, considered to be among the units most loyal to the regime. Tlass's forces have been heavily involved in violent actions against the armed and unarmed opposition in the Damascus area since the revolt began, though his effective degree of command over the unit is unclear. -
Forms of Government (World General Knowledge)
Forms of Government (World General Knowledge) Anarchism A system that advocates self-governed societies based on voluntary institutions. These are often described as stateless societies, although several authors have defined them more specifically as institutions based on non-hierarchical or free associations. Anarchism holds the state to be undesirable, unnecessary, and/or harmful. Anarchy A society without a publicly enforced government or political authority. Sometimes said to be non-governance; it is a structure which strives for non-hierarchical, voluntary associations among agents. Anarchy is a situation where there is no state. Autocracy Autocracy is a system of government in which supreme power (social and political) is concentrated in the hands of one person or polity, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control Aristocracy Rule by the nobility; a system of governance where political power is in the hands of a small class of privileged individuals who claim a higher birth than the rest of society. Anocracy A regime type where power is not vested in public institutions (as in a normal democracy) but spread amongst elite groups who are constantly competing with each other for power. Adhocracy Rule by a government based on relatively disorganised principles and institutions as compared to a bureaucracy, its exact opposite. Absolute monarchy A traditional and historical system where the monarch exercises ultimate governing Downloaded from www.csstimes.pk | 1 Forms of Government (World General Knowledge) authority as head of state and head of government. Many nations of Europe during the Middle Ages were absolute monarchies. -
Social Order Without the State: the Case of Somalia
Social Order without the State: The Case of Somalia Jason P. Sorens and Leonard Wantchekon1 Department of Political Science, Yale University Abstract Somalia provides social scientists with an interesting natural exper- iment to test the conditions under which order can be provided in a decentralized setting. We find that the northern regions of Somalia have maintained peace, while the southern area, especially around the capital Mogadishu, remains strife-torn. We offer three hypothe- ses to explain this difference: 1) the availability of rents to the war- lords and the impossibility of sharing them; 2) the ability of warlords to externalize the costs of their operations onto civilian populations; 3) the differential effects of the colonial legacy on traditional institu- tions in north and south. Social Order without the State: The Case of Somalia Introduction Over the past fifteen to twenty years political scientists have debated the extent to which cooperation can arise spontaneously in decentralized settings. Following findings in game theory2 that cooperation can arise spontaneously among players in the iterated Prisoner’s Dilemma game and experimental evi- dence from the social and natural sciences that such cooperation often arises, political scientists sought to apply the new thinking to political problems. Ostrom (1990) found that decentralized cooperation for the provision of public goods was possible in the absence of the state and without privatization of those goods. Taylor (1987) argued that the new findings lead to the conclusion that the state is unnecessary even for the provision of social order. Milgrom, North, and Weingast (1990) discovered that the evolution of a merchant law solved Prisoner’s Dilemma problems between buyers and sellers at medieval fairs. -
The Factory: a Glimpse Into Syria's War Economy
REPORT SYRIA The Factory: A Glimpse into Syria’s War Economy FEBRUARY 21, 2018 — ARON LUND PAGE 1 After the October 2017 fall of Raqqa to U.S.-backed Kurdish and Arab guerrillas, the extremist group known as the Islamic State is finally crumbling. But victory came a cost: Raqqa lies in ruins, and so does much of northern Syria.1 At least one of the tools for reconstruction is within reach. An hour and a half ’s drive from Raqqa lies one of the largest and most modern cement plants in the entire Middle East, opened less than a year before the war by the multinational construction giant LafargeHolcim. If production were to be resumed, the factory would be perfectly positioned to help rebuild bombed-out cities like Raqqa and Aleppo. However, although the factory may well hold one of the keys to Syria’s future, it also has an unseemly past. In December 2017, French prosecutors charged LafargeHolcim’s former CEO with terrorism financing, having learned that its forerunner Lafarge2 was reported to have paid millions of dollars to Syrian armed groups, including the terrorist- designated Islamic State.3 The strange story of how the world’s most hated extremist group allegedly ended up receiving payments from the world’s largest cement company is worth a closer look, not just for what it tells us about the way money fuels conflict, but also for what it can teach us about Syria’s war economy—a vast ecosystem of illicit profiteering, where the worst of enemies are also partners in business. -
The WTO Appellate Body at 30: Exploring the Limits of WTO Dispute Settlement in the Next Decade
TheE15Initiative STRENGTHENING THE GLOBAL TRADE AND INVESTMENT SYSTEM FOR SUSTAINABLE DEVELOPMENT The WTO Appellate Body at 30: Exploring the Limits of WTO Dispute Settlement in the Next Decade May 2016 Alan Wolff E15 Conversations on the Global Trade and Investment Architecture Think Piece ACKNOWLEDGMENTS Published by International Centre for Trade and Sustainable Development (ICTSD) 7 Chemin de Balexert, 1219 Geneva, Switzerland Tel: +41 22 917 8492 – E-mail: [email protected] – Website: www.ictsd.org Publisher and Chief Executive: Ricardo Meléndez-Ortiz World Economic Forum 91-93 route de la Capite, 1223 Cologny/Geneva, Switzerland Tel: +41 22 869 1212 – E-mail: [email protected] – Website: www.weforum.org Co-Publisher and Managing Director: Richard Samans Acknowledgments This paper has been produced under the E15Initiative (E15). Implemented jointly by the International Centre for Trade and Sustainable Development (ICTSD) and the World Economic Forum, the E15 was established to convene world-class experts and institutions to generate strategic analysis and recommendations for government, business, and civil society geared towards strengthening the global trade and investment system for sustainable development. For more information on the E15, please visit www.e15initiative.org/ Alan Wm. Wolff is Senior Counsel at Dentons LLP. Note from the author: Bruce Wilson, former WTO Director of Legal Affairs and Rufus Yerxa, former WTO Deputy Director General, co-editors of the Key Issues in WTO Dispute Settlement: The First Ten Years; as well as Amy Porges, a source of great experience and wisdom on WTO dispute settlement and a drafter of the Analytical Index to the GATT, were good enough to read over a draft of this paper and give me their reactions and suggestions. -
Religion and Justice
Religion and Justice Edited by Ronald A. Simkins and Zachary B. Smith Religion and Justice in the Church Courts of the Church of Jesus Christ of Latter-Day Saints in the Nineteenth Century Richard Collin Mangrum, Creighton University Abstract The Church of Jesus Christ of Latter-day Saints relied on their church court system for seeking “justice” or the cause of Zion throughout the nineteenth century for a variety of practical and theological reasons. First, the Saints believed that Isaiah’s cause of Zion transcended the more limited purposes of the corrupt civil state. Second, the Saints had become alienated from the secular legal system by what they perceived were injustices they had received at the hands of the existing state authority. Third, the priesthood eschewed the corrupt and costly influence of they described as “gentile” lawyers. Fourth, church leadership reviled against the divisive influence of litigation before the ungodly. Fifth, civil courts relied upon man-made laws that were ill suited for building the Kingdom of God. A sampling of ecclesiastical court cases demonstrates each of the above reasons why the Church of Jesus Christ of Latter-day Saints preserved the exclusive jurisdiction requirement for their Church Courts for most of the nineteenth century. 226 Religion and Justice Keywords: LDS Ecclesiastical Courts Introduction The early prophets of the Church of Jesus Christ of Latter-day Saints, a restoration church (hereafter the Church),1 aspired not only to restore what they considered as true Christianity and its priesthood, but also radically to restore the covenant community of ancient Israel, including its religious court system relied upon by Israel during the reign of the judges. -
Justice Scalia: Tenured Fox in the Democratic Hen-House? Jane Marriott
British Journal of British Journal of American Legal Studies | Volume 6 Issue 1 6 Issue Legal Studies | Volume British Journal of American American Legal Studies Volume 6 Issue 1 Spring 2017 SPECIAL ISSUE: IN MEMORY OF JUSTICE ANTONIN SCALIA (1936-2016) ARTICLES Introduction Jess Bravin Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law Brian Christopher Jones & Austin Sarat One of My Favorite Judges: Constitutional Interpretation, Democracy and Antonin Scalia James Allan Justice Scalia: Tenured Fox in the Democratic Hen-House? Jane Marriott The Sexual Orientation Cases Ian Loveland Scalia’s Legacy: Originalism and Change in the Law of Standing James E. Pfander Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia Richard A. Epstein Postscript: Textualism and Judicial Authority Jeremy Waldron ISSN 2049-4092 (Print) British Journal of American Legal Studies Editor-in-Chief: Dr Anne Richardson Oakes, Birmingham City University. Associate Editors Dr. Sarah Cooper, Birmingham City University. Dr. Haydn Davies, Birmingham City University. Ilaria Di Gioia, Birmingham City University. Prof. Julian Killingley, Birmingham City University. Prof. Jon Yorke, Birmingham City University. Seth Barrett Tillman, National University of Ireland, Maynooth. Special Issue Editor Spring 2017 Dr. Brian Christopher Jones Birmingham City University Student Editorial Assistants 2016-2017 Mercedes Cooling Ryan Dean Jezamine Hartland Barbara Marcinkowska Graduate Editorial Assistants 2016-2017 Daniel Gough Amna Nazir Alice Storey Editorial Board Hon. Joseph A. Greenaway Jr., Circuit Judge 3rd Circuit, U.S. Court of Appeals. Hon. Raymond J. McKoski, Circuit Judge (retired), 19th Judicial Circuit Court, IL. Adjunct Professor of Law, The John Marshall Law School, Chicago, IL. -
What the Tlass Defection Means to Assad | the Washington Institute
MENU Policy Analysis / Articles & Op-Eds What The Tlass Defection Means to Assad by David Schenker Jul 6, 2012 ABOUT THE AUTHORS David Schenker David Schenker is the Taube Senior Fellow at The Washington Institute and former Assistant Secretary of State for Near Eastern Affairs. Articles & Testimony hursday came news that General Manaf Tlass, a senior commander of Syria's elite Republican Guard -- the T troops most directly responsible for defending the embattled Bashar Assad regime -- had defected to Turkey. While the operational impact his departure on his particular unit may be inconsequential, the impact on the popular uprising could be significant. Tlass was a regime insider, a member of the ruling Baath party's Central Committee and a childhood friend of the Syrian dictator. His father Mustafa Tlass was for more than three decades the Minister of Defense to Bashar's father, and his businessman brother Firas was close to and profited from ties to the Assads. In short, the Tlass clan represents the Sunni Muslim establishment that has served and benefitted from the minoritarian, nominally Shiite Alawite regime. Comprising just 11% of the population, Alawites like Assad rely on the loyalty of Sunni Muslim officers and conscripts to remain in power. Key units stacked with Alawites have been behind some of the most egregious massacres of the uprising. But since the uprising began, Sunni troops - whether out of fear or dedication - have also participated in great numbers in the suppression the revolt. As the atrocities against Syria's mostly Sunni civilians have mounted, however, the pace of defections appears to be accelerating. -
Sample File Heavily on Patriotism and National Identity
Empire Builder Kit Preface ............................................................ 2 Government Type Credits & Legal ................................................ 2 An empire has it rulers. The type of ruler can How to Use ..................................................... 2 often determine the character of a nation. Are Government Types ......................................... 3 they a democratic society that follows the will Simple Ruler Type ....................................... 3 of the people, or are they ruled by a harsh dictator who demand everyone caters to their Expanded Ruler Type .................................. 4 every whim. They could even be ruled by a Also Available ................................................ 10 group of industrialists whose main goal is the acquisition of wealth. Coming Soon ................................................. 10 This part of the Empire Builder kit outlines some of the more common, and not so common, types of ruler or government your empire or country may possess. Although designed with fantasy settings in mind, most of the entries can be used in a sci-fi or other genre of story or game. There are two tables in this publication. One for simple and quick governments and A small disclaimer – A random generator will another that is expanded. Use the first table never be as good as your imagination. Use for when you want a common government this to jump start your own ideas or when you type or a broad description, such as need to fill in the blank. democracy or monarchy. Use the second/expanded table for when you want something that is rare or you want more Sample details,file such as what type of democracy etc. If you need to randomly decide between the two tables, then roll a d20. If you get 1 – 18 then use the simple table, otherwise use the expanded one. -
Significant Regime Defection in Syria | the Washington Institute
MENU Policy Analysis / Policy Alert Significant Regime Defection in Syria by Andrew J. Tabler Sep 5, 2013 ABOUT THE AUTHORS Andrew J. Tabler Andrew J. Tabler is the Martin J. Gross fellow in the Geduld Program on Arab Politics at The Washington Institute, where he focuses on Syria and U.S. policy in the Levant. Brief Analysis embers of the Syrian opposition are correct in describing Alawite army general Ali Habib Mahmoud's M "defection" to Turkey over the past few days as a "blow to the morale" of the Assad regime. He is the most prominent military official to leave Syria since the July 2012 departure of Brig. Gen. Manaf Tlass, who came from a prominent family and was at one point close to Bashar al-Assad. Habib became army chief of staff in 2004 and defense minister in 2009. He was the first Alawite to serve in the latter post since Hafiz al-Assad relinquished it in 1972, after which it was reserved for figurehead Sunnis. He is well respected among Syrians for resigning in August 2011, when the regime ramped up its murderous attempt to shoot the people into submission on the eve of Ramadan; this came shortly before President Obama declared that Assad must "step aside." Although Habib officially resigned for "health reasons," it was widely rumored at the time that he differed with the Assad family's approach to the uprising. Habib has not been part of the regime's core for some time, though he remains sanctioned by the United States and EU for having served as defense minister (see Policy Watch 2122 and its accompanying chart for more on the regime's structure).