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The Morality Of Money: American Attitudes Toward Wealth and the Income Tax

contradictory attitudes. These attitudes about wealth have profound social and political effects ranging from the determination of popular American heroes to shaping governmental social policies and affecting ... the debate can only be salutary. This Article explores how American views regarding the morality of money and its involvement with society's political ideals affect tax debates and legislation.' Part I

Logic in Judicial Reasoning

perversion."9 But the disingenuous does not become logical ' Instructor in Political Science, Coe College. The author is grateful to Dean Robert Birkby of Vanderbilt University for his helpful suggestions ... . Discretion, 11 J. PHILOSOPHY 208 (1914) and The Process of Judicial Legislation, 8 Am. L. REv. 161 (1914) ; Cohen, TranscendentalNonsense and the Functional Approach, 35 COLUM. L. REV. 809 (1935); Holmes, The

Why the State Cannot “Abolish Marriage”: A Partial Defense of Legal Marriage

distinction at the heart of private law. * Visiting Assistant Professor, Duke Law School; Ph.D. in Philosophy, University of Illinois Urbana-Champaign; J.D., University of Illinois College of Law; B.A., Emory ... number of prominent theorists from across the political spectrum—from Judith Butler and Martha Fineman to Cass Sunstein and David Boaz—have suggested the state should “abolish marriage” as a legal category

Beyond the Numbers: Substantive Gender Diversity in Boardrooms

incoming SEC Chair to amend the diversity disclosure regime.239 This recent momentum could make a reconsideration of the current rules more likely, although the current political landscape may present

Environmental Law Outside the Canon

antagonistic political climate; amenable to integration with other, non-environmental law; and able to make inroads against the monumental peril of global climate change. Environmental laws embedded in larger ... bipartisan legislative efforts on environmental issues have been virtually unheard of. As the Breaking the Logjam Project has noted, “For almost 20 years, political polarization and a lack of leadership have

Trump, The Court, and Constitutional Law

them elected. Political races sometimes are decided by the money given, especially those of lower visibility where large expenditures can make a real difference. A progressive Court not only could have ... dues that go to support the political activities of the unions; that would be impermissible compelled speech in violation of the First Amendment.14 In two recent cases, in 2011 and 2014, the five

The Obama Effect: Understanding Emerging Meanings of "Obama

continuation of regular discrimination and harassment within the workplace. In fact, our review of a number of anti-discrimination law cases filed during the political ascendance and election of Obama suggests ... possibilities that Obama’s election may signal for U.S. race relations). 10. According to Berkeley Law Professor Ian Haney López, it was Obama’s unique background and the nature of the political moment, rather

The "Lower

actual impact of a judicial decision, or looking at the case through an even broader lens, namely the political context of the litigation.23 To use the most graphic example, judging in a time of war is ... I wrote: These were pressures?or better yet incentives?that cut across the usual political and ideological lines other scholars have written about. While they were presented to us as efficiency

The Rat Race as an Information-Forcing Device

, Andrew D. Martin & Kevin M. Quinn, The Supreme Court ForecastingProject: Legal and Political Science Approaches to PredictingSupreme CourtDecisionmaking, 104 COLuM. L. REv. 1150 (2004) (showing that a ... contributions to knowledge and student enrichment. Federal circuit court judges operate in a political system, with promotions to the Supreme Court resting on political calculations. Finally, law schools operate


clear that profound constitutional issues and change could abound. Among the issues discussed: congressional dysfunction, presidential power, judicial review, political polarization and mobilization ... constitutional law scholars and attorneys. All have been active as well in public life through various governmental, political, and nonprofit service, as revealed by the brief descriptions in the conference’s

Does Rigorously Enforcing Arbitration Agreements Promote “Autonomy”?

“capacity for self-mastery and self-government”). 50. See JOHN GRAY, On Negative and Positive Liberty, in LIBERALISMS: ESSAYS IN POLITICAL PHILOSOPHY 45, 57 (1989). 51. “Autonomy” literally means self ... Positive Liberty A distinction is often drawn in liberal political theory between “negative” and “positive” liberty.30 Although the distinction has been subject to extensive criticism,31 for my purposes it

Right to Jury Trial: Indiana's Misapplication of Due Process Standards in Delinquency Hearings

of a right but also whether the proposed application of a right is compatible with the basic aims and philosophy of the juvenile court system. 9 The apparent restriction of the "total rights" concept ... Gault. 29. The basic aims of the Juvenile Court are set out in Mack, The Juvenile Court, 23 HARv. L. REV. 104 (1909). A good treatment of the philosophy of the juvenile court is found in Block and Flynn

Requiem for the Bulge Bracket?: Revisiting Investment Bank Regulation

Philosophy, Style, and Mission, 2006 U. ILL. L. REv. 975, 998-1004 (2006) (questioning whether the SEC possesses the mandate or expertise to regulate hedge funds for "systemic risk"). 24. See, e.g., Net ... voluntary. First, the SEC does not enjoy the same level of political independence as the FRB, which renders it unduly susceptible to political pressure from Wall Second, prudential supervision

A Tribute to Harry Pratter

strengthened, enriched and ennobled by his philosophy of law and of life, and by the model ofa humble man who has lived his entire life according to the highest intellectual and moral standards with compassion ... Lawyer , 34 J. LEGAL EDUC . 507 ( 1984 ). 3. See generallyRalph McInemy , Forewordto JUDE P. DOUGHERTY , WESTERN CREED , WESTERN IDENTITY : ESSAYS iN LEGAL AND SOCIAL PHILOsOPHY, at viii ( 2000

Information Generation and Use Under Proposition 65: Model Provisions for Other Postmarket Laws?

governmental agency. Premarket notification laws * Professor, Department of Philosophy, University of California, Riverside, CA. 1. CAL. HEALTH &SAFETY CODE §§ 25249.5- 13 (2007 ). 2. 7 U.S.C. § 136 (2000). 3 ... case for harms or risks of harm; there is political will to follow the science; any scientific and legal standards of proof have been met; the regulatory process is completed; and legal appeals have been

Removing Disfavored Faces from Facebook: The Freedom of Speech Implications of Banning Sex Offenders from Social Media

of child sexual abuse). 6. Michael T. Martinez, Paper Presented in the Philosophy Division at the International Communication Association Conference, Chicago: “To Catch a Predator:” An Ethical ... communicating ideas, taking part in political speech, associating with like-minded individuals, and receiving ideas from others. See Hill v. Colorado, 530 U.S. 703, 728 (2000) (“[T]he First Amendment protects the

Land Title Registration: An English Solution to an American Problem

for the conclusions and suggestions of his study were as follows. First, difficulties of administration result from the level of incompetence and the political nature of American public officials ... Before moving to a review of current American practice, it is appropriate to consider what an ideal title assurance plan should involve. The philosophy of an ideal system is that it provides, as conclusive

Unfettered Discretion: Criminal Orders of Protection and their Impact on Parent Defendants

explicit policies requiring line prosecutors to request orders of protection, many of the same political concerns that prompt judges to issue protective orders, see infra text accompanying notes 78-83, also ... the political risks of releasing defendants, judges may view orders of protection as a costless way to insulate themselves against the seemingly lenient decision to release defendants from custody. As a

Scrutinizing Federal Electoral Qualifications

not left to the states but to Congress or another political actor. But those contradictory assumptions have never been examined, until now. This Article compiles the mandates of the Constitution, the ... deferential to the political process and have been reluctant to remove anyone from the ballot over a qualifications dispute, generally finding no duty for the state to investigate qualifications or to exclude

The United States Sentencing Commission: A Constitutional Delegation of Congressional Power

function in creating the U.S.S.C. as a reasoned response to the problems of sentence disparity. THE UNITED STATES SENTENCING COMMISSION Philosophy of the U.S.S.C. The proposed U.S.S.C. marks a radical ... rehabilitation.10 To implement this philosophy the U.S.S.C. will have multiple functions. First, it will be given the responsibility to establish policies to guide federal judges in imposing sentences. The second