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Reckless Caution: the Perils of Judicial Minimalism
RECKLESS CAUTION: THE PERILS OF JUDICIAL MINIMALISM Tara Smith* ABSTRACT Judicial Minimalism is the increasingly popular view that judges decide cases properly to the extent that they minimize their own imprint on the law by meticulously assessing “one case at a time,” ruling on narrow and shallow grounds, eschewing broader theories, and altering entrenched legal practices only incremen- tally. Minimalism’s ascendancy across the political spectrum, be- ing embraced by advocates of both right-wing and left-wing ide- ologies, is touted as a sign of its appropriate value-neutrality. This paper argues that such sought-after neutrality is, in fact, untenable. While others have objected to some of Minimalism’s specific tenets, critics have missed its more fundamental failing: it is an incoherent concept. On analysis, Minimalism’s several planks and rationales prove mutually contradictory and, corre- spondingly, offer conflicting guidance to judges. Thus the reason that Minimalism can appeal to people of such disparate substan- tive views is that in practice, it is merely a placeholder invoked to * Many people have offered helpful discussion of the ideas developed in this paper or feedback on earlier drafts. I am grateful to audiences at Oxford’s Uehiro Center and the University of Virginia, and in particular to Tom Bowden, Onkar Ghate, Wesley Hottot, Loren Lomasky, Al Martinich, Matt Miller, Adam Mossoff, Matt O’Brien, Greg Salmieri, Julian Savulescu, John Simmons, and Kevin Stuart. 347 348 New York University Journal of Law & Liberty [Vol. 5:347 sanction a grab-bag of desiderata rather than a distinctive method of decision-making that offers genuine guidance. -
A Strategy for Dismantling Structural Racism in the Juvenile Delinquency System
Poverty & Race PRRAC POVERTY & RACE RESEARCH ACTION COUNCIL March/April 2011 Volume 20: Number 2 A Strategy for Dismantling Structural Racism in the Juvenile Delinquency System by Edgar S. Cahn, Keri A. Nash & Cynthia Robbins Juveniles of color are more likely outcomes for youth of color have been to 2004, African Americans com- than their white counterparts to be ar- well documented for years. This ar- prised only 16% of all youth in the rested, referred to juvenile court rather ticle provides some of the national data United States, but constituted 28% of than diversion programs, waived to that underscore the extensive racial juvenile arrests; 30% of referrals to adult court, detained pre-trial and disparity that persists in the juvenile juvenile court; 37% of the detained locked up at disposition. justice system. Second, the article will population; 34% of youth formally In 2008, the Racial Justice Initia- narrow the focus to Washington, DC, processed by the juvenile court; 30% tive of TimeBanks USA (“RJI”)— where the RJI is working more inten- of adjudicated youth; 35% of youth www.RacialJusticeInitiative.org— sively in 2011 and beyond. Finally, judicially waived to adult criminal developed a new social advocacy and the article sets forth how this strategy court; 38% of youth in residential litigation strategy focused on disman- could be implemented to break placement; and 58% of youth admit- tling structural racism in the juvenile through more than three decades of ted to state adult prison. There is in- justice and child welfare systems as logjam on legal challenges to racial controvertible evidence that race bias well as other public systems that af- disparity in juvenile justice. -
How Ayn Rand's Ideas Can End Big Government Yaron Brook, Don
Free Market Revolution: How Ayn Rand'S Ideas Can End Big Government Yaron Brook, Don Watkins - book free by Yaron Brook, Don Watkins Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Read Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Books Online Free, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Yaron Brook, Don Watkins pdf, Yaron Brook, Don Watkins epub Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, read online free Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Full Download, read online free Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Full Collection, Read Best Book Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Online, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government pdf read online, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Full Download, pdf Yaron Brook, Don Watkins Free Market Revolution: How Ayn Rand's Ideas Can End Big Government, Read Online Free Market Revolution: How Ayn Rand's Ideas Can End Big Government E-Books, Read Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Full Collection Yaron Brook, Don Watkins, Free Market Revolution: How Ayn Rand's Ideas Can End Big Government Download PDF, Download Free Market Revolution: How Ayn Rand's Ideas Can End Big Government PDF, Free -
The Moral CASE for Capitalism
the May 2007 / Volume 3, Issue 4 / the-undercurrent.com Undercurrent “It was as if an underground stream flowed through the country and broke out in sudden springs that shot to the surface at random, in unpredictable places.” Ayn Rand INSIDE THE MORAL case THIS ISSUE Freedom of Speech: foR caPitaLism An Interview with Dr. Achieving the good requires protecting freedom, Onkar Ghate not enforcing sacrifice. page 3 by Noah Stahl In Defense of Income It is widely acknowledged that capitalist countries are the most successful at Inequality creating wealth and raising their citizens’ overall standard of living. People page 7 who live in such countries enjoy access to bigger homes, better-trained doctors, more advanced technology, and higher paying jobs. By contrast, those living under collectivist systems like the European welfare states often Atlas Shrugged Essay endure long waits for poorer quality medical help and have far less choice in the things they buy and less money to buy them with. Studies like the Index of Economic Contest Freedom consistently find that higher measures of economic liberty correlate strongly with better page 7 standards of living: the freer people are, the richer they become. But in spite of all this, capitalism is criticized. Its detractors complain that it creates an unjust divide between rich and poor—or that employers don’t pay employees their rightful due—or that Speakers, Events, and the poor are “denied access” to basic needs like education, medical care, and retirement income. Meetings Even though the poor in capitalist countries enjoy far greater resources and opportunities than their counterparts in collectivist nations, critics denounce capitalism for allowing some people to page 8 (Continued on Page 2) OBJECTIVISM The Undercurrent’s cultural commentary Campus Commentary On Free Speech is based on Ayn Rand’s philosophy, University Mission Statements: False Objectivism. -
THE MYTH ABOUT AYN RAND and SOCIAL SECURITY by Onkar Ghate | June 19, 2014
GOVERNMENT & BUSINESS INDIVIDUAL RIGHTS SHARE THE MYTH ABOUT AYN RAND AND SOCIAL SECURITY by Onkar Ghate | June 19, 2014 You know your critics are desperate when they accuse you of hypocrisy without bothering to investigate your stated principles. The desperation is especially palpable if you’ve explained how those principles apply to the very action you’re being criticized for. So it is with Ayn Rand and Social Security. When fans voice her moral critique of the welfare state, many opponents respond by attacking her. She collected Social Security, they say, even though she opposed the program’s very existence. What a hypocrite! But what a gift, because she’s shown that her philosophy is unlivable. Case closed. If only real thinking were this easy. From the archival evidence I’ve seen, Rand did collect Social Security. But isn’t it relevant that Rand argued in printfor the consistency of this position, a fact any informed critic should know? We might end up disagreeing with Rand’s analysis, but doesn’t plain decency require that we first examine it? So let’s do that. Rand morally opposes the welfare state because she’s an unwavering advocate of the individual’s moral right to his life, his liberty, his earned property, and the pursuit of his own happiness. She viewed America as putting an end to the idea that the individual must live for king, neighbor or pope. For the first time in history the individual was declared free to live for himself. It was not handouts or entitlement programs that the millions of individuals who came to America’s shores sought, but freedom. -
Equal Is Unfair: Americas Misguided Fight Against Income Inequality Free
FREE EQUAL IS UNFAIR: AMERICAS MISGUIDED FIGHT AGAINST INCOME INEQUALITY PDF Don Watkins,Yaron Brook | 258 pages | 17 Oct 2016 | St Martin's Press | 9781250084446 | English | New York, United States iSách – Equal Is Unfair: America′s Misguided Fight Against Income Inequality EPUB/PDF/PRC miễn phí The real problem is not free markets but arbitrary government power. An impressive achievement. Available March 29 from St. Martin's Press, Equal Equal is Unfair: Americas Misguided Fight Against Income Inequality Unfair systematically dismantles every major claim made by the inequality alarmists, while unmasking the truth that their campaign to fight inequality is really a thinly veiled crusade designed to expand the power of government. Equal Is Unfair shows that this unprecedented power grab can only be accomplished by shackling the innovators and entrepreneurs who drive Equal is Unfair: Americas Misguided Fight Against Income Inequality progress, and throttling the ambitious poor who inequality alarmists purport to want to help most. Not only does this ideology produce economic devastation, but as Watkins and Brook argue, it is unfairunjust, and immoral. As Equal is Unfair: Americas Misguided Fight Against Income Inequality and Brook write, "Our future will be determined by whether we recommit ourselves to the ideal of opportunity -- or whether we abandon that ideal in the name of waging war on economic inequality. A fellow at the Ayn Rand Institute and a former Forbes. He is the host of the podcast The Debt Dialogues. For more information on Objectivism's unique point of view, go to ARI's website. Tesla reported third-quarter earnings results after market close on Wednesday. -
Yaron Brook Speaks to a Wide Array of Audiences, Continued from Page 1
aynrand.org/impact Volume 19, Number 5, May 2013 Yaron Brook Speaks Objectivist Summer Conference Is Almost Here . to a Wide Array Register Today! of Audiences history to psychology, music and current events. In addition, there is plenty of time to his spring ARI executive socialize with others who share some of director Yaron Brook T your deepest values. It is common to see traveled all over the world. people enjoying conversations with other He participated in debates, attendees late into the night. Those in lectured on college campuses, attendance vary widely in age, occupation sat on panels and much more, and the number of years they have been discussing topics ranging familiar with Ayn Rand’s ideas. Some have from capitalism and economic only recently discovered Rand, while others history to law and taxes. have attended the Objectivist summer Throughout his travels, t’s not too late to register for the annual Objec- conference for more than two decades. Some are Dr. Brook advocated Ayn Rand’s ideas and their tivist summer conference, which takes place this students still deciding which career to pursue while application to current issues to thousands of peo- I year July 5–11 in Chicago at the Westin Michigan others are well established in business, academia ple, ranging from college students and academic Avenue Hotel. and other fields. Many attendees have communi- scholars to policy activists and congressional staff- The conference offers a unique opportunity cated to ARI in past years that they have met their ers. Below is a sampling of Dr. Brook’s speaking to meet other fans of Ayn Rand. -
John Dewey, Maria Montessori, and Objectivist Educational Philosophy During the Postwar Years
73 Historical Studies in Education / Revue d’histoire de l’éducation ARTICLES / ARTICLES “The Ayn Rand School for Tots”: John Dewey, Maria Montessori, and Objectivist Educational Philosophy during the Postwar Years Jason Reid ABSTRACT Objectivism, the libertarian philosophy established by Ayn Rand during the postwar years, has attracted a great deal of attention from philosophers, political scientists, economists, and English professors alike in recent years, but has not received much notice from historians with an interest in education. This article will address that problem by discussing how Rand and her followers established a philosophy of education during the 1960s and 1970s that was based, in part, on vilifying the so-called collectivist ideas of John Dewey and lionizing the so-called individualist ideas of Maria Montessori. Unfortunately, the narrative that emerged during this time seriously misrepresented the ideas of both Dewey and Montessori, resulting in a some- what distorted view of both educators. RÉSUMÉ L’objectivisme, philosophie libertaire conçue par Ayn Rand dans la période de l’après-guerre, a suscitée beaucoup d’attention de la part des philosophes, politologues, économistes et profes- seurs de littérature anglaise, mais rien de tel chez les historiens de l’éducation. Cet article cor- rige cette lacune, en montrant comment durant les années 1960 et 1970 Rand et ses partisans ont établi une philosophie de l’éducation qui s’appuyait, en partie, sur la diffamation des idées prétendues collectivistes de John Dewey et l’idolâtrie de l’individualisme de Maria Montessori. Malheureusement, leurs travaux ont donné une fausse image des idées de Dewey et Montessori et conséquemment ont déformé les théories ces deux éducateurs. -
More Than $370,000 Raised at Chicago Fundraising Dinner, Continued from Page 1
aynrand.org/impact Volume 18, Number 6, June 2012 Yaron Brook Speaks to a More Than $370,000 Raised at Chicago Wide Array of Audiences Fundraising Dinner RI executive director A Yaron Brook has traveled n May 3 ARI held its first fundraising dinner in frequently this spring all O Chicago, titled Atlas Shrugged Revolution, at Auctioned items at the Chicago over the world. He partici- the Waldorf Astoria Chicago. The event raised more fundraising dinner included: pated in debates, lectured on than $370,000 for ARI and was attended by more college campuses, sat on than a hundred people. • A first edition copy of The Fountainhead panels and much more, dis- “We are overwhelmed by the response we • A limited-edition tenth anniversary copy of cussing topics ranging from received in Chicago,” commented Yaron Brook, Atlas Shrugged capitalism and economic his- ARI’s executive director. “For the first dinner • An original clipping from the New York tory to war and taxes. we’ve held in the Chicago area, the amount raised Times of the paperback best-seller list from Throughout his travels, Dr. Brook commu- and the enthusiasm of everyone in attendance was April 7, 1963, showing Atlas Shrugged in nicated Ayn Rand’s ideas and their application more than expected and deeply appreciated.” ninth place, annotated by Ayn Rand to current issues to thousands of people, ranging The evening’s speakers included businessmen, • A set of four difficult-to-find foreign from college students and academic scholars members of the media, educators and students. editions of Atlas Shrugged to business leaders and congressional staffers. -
ARI Co-Hosts Third Conference for BB&T Professors
Volume 14, Number 6, June 2008 A Message from ARI Co-Hosts Third Conference for John P. McCaskey BB&T Professors professor who wants to include Atlas AShrugged in his classes faces many chal- lenging questions, from “How do I teach the novel?” to “How do I get students to read such John P. McCaskey, PhD, is a long book in the first place?” For participants the founder and chairman in the BB&T Charitable Foundation-sponsored of the board of the Anthem programs for the study of capitalism, those Foundation for Objectivist questions—and many others—are addressed at Scholarship, as well as an the annual conference for BB&T professors co- Dr. John McCaskey ARI board member. The hosted by ARI and the Clemson Institute for the Left to right: Drs. Onkar Ghate, Tara Smith, Yaron Brook, Anthem Foundation is a Study of Capitalism in Clemson, South Carolina. C. Bradley Thompson 501(c)(3) organization, separate from ARI, that This year marked the third such confer- provides funding to colleges and universities for ence, which drew thirty-one attendees, including Yaron Brook lectured on Ayn Rand’s unique teaching, writing or research on Objectivism. eleven first-time attendees. defense of capitalism. For returning attendees, “These conferences give us a chance to Brook and Ghate were joined by two econo- Dear Impact readers, meet and interact with the BB&T-funded pro- mists for a roundtable discussion of economics I am excited to tell you about big organizational, fessors,” said Debi Ghate, ARI’s vice president and morality. operational, and managerial changes we are of Academic programs. -
Ayn Rand Through a Biblical Lens by David S
CHECK YOUR PREMISES: AYN RAND THROUGH A BIBLICAL LENS BY DAVID S. KOTTER. Foreword by Art Lindsley, Ph.D. Atlas Shrugged by Ayn Rand has been ranked as second only to the Bible as one of the most influential books in the lives of modern readers, and more than 30 million copies of her books have been sold. Nearly a million dollars in cash prizes have been awarded in essay contests encouraging high school and college students to read Rand’s novels, and increasingly universities are making her books required reading. Aside from Rand’s success, why would the Institute for Faith, Work & Economics (IFWE) show interest in reviewing the thoughts behind her works, given that she was a virulent atheist, despised Christianity along with the Bible, condemned any form of altruism, exalted selfishness, and used the dollar bill as her symbol? First, even if you have no intention of reading Rand – and her works are certainly not for everyone – it is at least worth knowing what she believed and how her beliefs compare and contrast with the Bible. Second, any work that appeals to so many people likely contains some truths worth investigating. For example, I have learned specific truths through reading atheist, New Age, and neo-pagan works, even though I reject their overarching worldview. We at IFWE believe in common grace, which means that every favor of whatever kind that this undeserving world enjoys originates from the hand of God. While it is true that unbelievers eventually twist truth, they nonetheless have some truth to twist. In other words, non-believers have both honey – created truth – and hemlock – truth twisted by the Fall. -
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