No State Required? a Critical Review of the Polycentric Legal Order
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28 CFR Part 23
28 CFR Part 23 CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES Executive Order 12291 1998 Policy Clarification 1993 Revision and Commentary 28 CFR Part 23 Executive Order 12291 These regulations are not a "major rule" as defined by section 1(b) of Executive Order No. 12291, 3 CFR part 127 (1981), because they do not result in: (a) An effect on the economy of $100 million or more, (b) a major increase in any costs or prices, or (c) adverse effects on competition, employment, investment, productivity, or innovation among American enterprises. Regulatory Flexibility Act These regulations are not a rule within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. These regulations, if promulgated, will not have a "significant" economic impact on a substantial number of small "entities," as defined by the Regulatory Flexibility Act. Paperwork Reduction Act There are no collection of information requirements contained in the proposed regulation. List of Subjects in 28 CFR Part 23 Administrative practice and procedure, Grant programs, Intelligence, Law Enforcement. For the reasons set out in the preamble, title 28, part 23 of the Code of Federal Regulations is revised to read as follows: PART 23-CRIMINAL INTELLIGENCE SYSTEMS OPERATING POLICIES Sec. 23.1 Purpose. 23.2 Background. 23.3 Applicability. 23.20 Operating principles. 23.30 Funding guidelines. 23.40 Monitoring and auditing of grants for the funding of intelligence systems. Authority: 42 U.S.C. 3782(a); 42 U.S.C. 3789g(c). § 23.1 Purpose. The purpose of this regulation is to assure that all criminal intelligence systems operating through support under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. -
Yale Law & Policy Review Inter Alia
Essay - Keith Whittington - 09 - Final - 2010.06.29 6/29/2010 4:09:42 PM YALE LAW & POLICY REVIEW INTER ALIA The State of the Union Is a Presidential Pep Rally Keith E. Whittington* Introduction Some people were not very happy with President Barack Obama’s criticism of the U.S. Supreme Court in his 2010 State of the Union Address. Famously, Justice Samuel Alito was among those who took exception to the substance of the President’s remarks.1 The disagreements over the substantive merits of the Citizens United case,2 campaign finance, and whether that particular Supreme Court decision would indeed “open the floodgates for special interests— including foreign corporations—to spend without limits in our elections” are, of course, interesting and important.3 But the mere fact that President Obama chose to criticize the Court, and did so in the State of the Union address, seemed remarkable to some. Chief Justice John Roberts questioned whether the “setting, the circumstances and the decorum” of the State of the Union address made it an appropriate venue for criticizing the work of the Court.4 He was not alone.5 Criticisms of the form of President Obama’s remarks have tended to focus on the idea that presidential condemnations of the Court were “demean[ing]” or “insult[ing]” to the institution or the Justices or particularly inappropriate to * William Nelson Cromwell Professor of Politics, Princeton University. I thank Doug Edlin, Bruce Peabody, and John Woolley for their help on this Essay. 1. Justice Alito, who was sitting in the audience in the chamber of the House of Representatives, was caught by television cameras mouthing “not true” in reaction to President Obama’s characterization of the Citizens United decision. -
An Analysis of the Works of Antonio Negri and Michael Hardt
Journal of Global Media Studies Vol. 23 [ 初 校 ] P . 3 1 Towards Global Multitude and Assembly: An Analysis of the Works of Antonio Negri and Michael Hardt Atsushi Shibasaki ※ You say you'll change the Constitution Well, you know We all want to change your head You tell me it's the institution Well, you know You better free your mind instead - John Lennon - Key words: Antonio Negri, Empire, Multitude, Common, Assembly, Global Relations Summary This paper reveals only the very introductory part of an ongoing research on the thought, theory, and phi- losophy of Antonio Negri (1934-). The original script was read at the working lunch seminar held at the In- stitute of Global European Studies (Europainstitut), University of Basel, on 24 April 2018. Before the publi- cation, slight and minimum revisions and corrections were done. In addition, because of its nature as being originally a manuscript for a lecture, all slides are attached in order to help the readers to understand the argu- ment. The author has long been tackling with this research project from the perspectives of theory and philoso- phy of international relations, or rather international cultural relations, since the publication of the book Empire (2000), co-authored by Negri and Michael Hardt (1960-). Until now, two papers had been published by the author, respectively in 2006, and 2011. The former mainly dealt with Empire and Multitude (2005), and the latter measured the development of their argument from Empire, Multitude to Commonwealth (2009). Since the author’s publications, they published new books and many articles. -
Originalism and Constitutional Construction
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2013 Originalism and Constitutional Construction Lawrence B. Solum Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1301 http://ssrn.com/abstract=2307178 82 Fordham L. Rev. 453-537 (2013) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Legal History Commons, and the Legal Theory Commons ORIGINALISM AND CONSTITUTIONAL CONSTRUCTION Lawrence B. Solum* Constitutional interpretation is the activity that discovers the communicative content or linguistic meaning of the constitutional text. Constitutional construction is the activity that determines the legal effect given the text, including doctrines of constitutional law and decisions of constitutional cases or issues by judges and other officials. The interpretation-construction distinction, frequently invoked by contemporary constitutional theorists and rooted in American legal theory in the nineteenth and twentieth centuries, marks the difference between these two activities. This Article advances two central claims about constitutional construction. First, constitutional construction is ubiquitous in constitutional practice. The central warrant for this claim is conceptual: because construction is the determination of legal effect, construction always occurs when the constitutional text is applied to a particular legal case or official decision. Although some constitutional theorists may prefer to use different terminology to mark the distinction between interpretation and construction, every constitutional theorist should embrace the distinction itself, and hence should agree that construction in the stipulated sense is ubiquitous. -
Regulation (Eu) 2019/2175 of the European Parliament and of the Council
27 12 2019 EN Official Journal of the European Union L 334/1 I (Legislative acts) REGULATIONS REGULATION (EU) 2019/2175 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December 2019 amending Regulation (EU) No 1093/2010 establishing a European Supervisory Authority (European Banking Authority), Regulation (EU) No 1094/2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), Regulation (EU) No 1095/2010 establishing a European Supervisory Authority (European Securities and Markets Authority), Regulation (EU) No 600/2014 on markets in financial instruments, Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds, and Regulation (EU) 2015/847 on information accompanying transfers of funds (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinions of the European Central Bank (1), Having regard to the opinions of the European Economic and Social Committee (2), Acting in accordance with the ordinary legislative procedure (3), Whereas: (1) Following the financial crisis and the recommendations of a group of high-level experts led by Jacques de Larosière, the Union has made important progress -
The Golden Cord
THE GOLDEN CORD A SHORT BOOK ON THE SECULAR AND THE SACRED ' " ' ..I ~·/ I _,., ' '4 ~ 'V . \ . " ': ,., .:._ C HARLE S TALIAFERR O THE GOLDEN CORD THE GOLDEN CORD A SHORT BOOK ON THE SECULAR AND THE SACRED CHARLES TALIAFERRO University of Notre Dame Press Notre Dame, Indiana Copyright © 2012 by the University of Notre Dame Press Notre Dame, Indiana 46556 www.undpress.nd.edu All Rights Reserved Manufactured in the United States of America Library of Congress Cataloging- in- Publication Data Taliaferro, Charles. The golden cord : a short book on the secular and the sacred / Charles Taliaferro. pages cm Includes bibliographical references and index. ISBN-13: 978-0-268-04238-7 (pbk. : alk. paper) ISBN-10: 0-268-04238-1 (pbk. : alk. paper) 1. God (Christianity) 2. Life—Religious aspects—Christianity. 3. Self—Religious aspects—Christianity. 4. Redemption—Christianity. 5. Cambridge Platonism. I. Title. BT103.T35 2012 230—dc23 2012037000 ∞ The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources. CONTENTS Acknowledgments vii Introduction 1 CHAPTER 1 Love in the Physical World 15 CHAPTER 2 Selves and Bodies 41 CHAPTER 3 Some Big Pictures 61 CHAPTER 4 Some Real Appearances 81 CHAPTER 5 Is God Mad, Bad, and Dangerous to Know? 107 CHAPTER 6 Redemption and Time 131 CHAPTER 7 Eternity in Time 145 CHAPTER 8 Glory and the Hallowing of Domestic Virtue 163 Notes 179 Index 197 ACKNOWLEDGMENTS I am deeply grateful for the patience, graciousness, support, and encour- agement of the University of Notre Dame Press’s senior editor, Charles Van Hof. -
Rent-Seeking: a Primer by Sanford Ikeda
ON LIBERTY November 2003 Vol. 53, No. 10 FEATURES 8 The Economics of Spam by Christopher Westley 10 Business Under German Inflation by Ludwig von Mises 14 Healers Under Siege by Doug Bandow 19 Understanding "Austrian" Economics, Part 2 by Henry Hazlitt 24 Rent-Seeking: A Primer by Sanford Ikeda 29 Grutter v. Bollinger: A Constitutional Embarrassment by George C. Leef 33 Global Warming: Extreme Weather or Extreme Prejudice? by Christopher Lingle 37 The Fallacies of Distributism by Thomas E. Woods, Jr. 4 FROM the PRESIDENT—-The Great German Inflation by Richard M. Ebeling «««« 17 THOUGHTS on FREEDOM—Oblivious to the Obvious by Donald J. Boudreaux 27 PERIPATETICS—Canute's Courtiers Were Wrong by Sheldon Richman 35 OUR ECONOMIC PAST— How the Federal Government Got into the Ocean-Shipping Business by Robert Higgs 47 THE PURSUIT of HAPPINESS—-People Before Profits by Walter E. Williams DEPA RT/V\ E NTS 2 Perspective—Weighing In by Sheldon Richman 6 Massive Foreign Aid Is the Solution to Africa's Ills? It Just Ain't So! by William Thomas 42 Book Reviews Adam Smith's Marketplace of Life by James R. Otteson, reviewed by Robert Batemarco; The Great Tax Wars: Lincoln to Wilson—The Fierce Battles over Money and Power that Transformed the Nation by Steven R. Weisman, reviewed by Burton W. Folsom, Jr.; Pieces of Eight by Edwin Vieira, Jr., reviewed by George C. Leef; Terrorism and Tyranny: Trampling Freedom, Justice, and Peace to Rid the World of Evil by James Bovard, reviewed by Richard M. Ebeling. Published by The Foundation for Economic Education IDEAS Irvington-on-Hudson, NY 10533 Phone: (800) 960-4FEE; (914) 591-7230 PERSPECTIVE ON LIBERTY Fax: (914) 591-8910; E-mail: [email protected] FEE Home Page: www.fee.org Weighing In President: Richard M. -
Regulatory Takings and Land Use Regulation: a Primer for Public Agency Staff
LAND USE AND ENVIRONMENT Regulatory Takings and Land Use Regulation: A Primer for Public Agency Staff July 2006 By Bill Higgins Land Use Program Director Institute for Local Government www.ca-ilg.org/takings Contributors: Andrew Schwartz Shute, Mihaly & Weinberger www.smwlaw.com Barbara E. Kautz Goldfarb & Lipman www.goldfarblipman.com 1400 K Street, Suite 301 • Sacramento, CA 95814 • 916.658.8208 • F 916.444.7535 • www.ca-ilg.org Regulatory Takings and Land Use Regulation: A Primer for Public Agency Staff July 2006 Generous Support for this publication provided by and The Resources Legacy Fund About the Institute and the Development of this Document: The mission of the Institute for Local Government is to develop resources for local officials in California. For the past six years, the Institute has been tracking developments in takings law as one of its primary focus areas. This document is an updated version of an earlier publication entitled the Basics of Takings Law published by the Institute in 2000, written by Andrew Schwartz (Shute, Mihaly & Weinberger) with the assistance of Anthony Saul Alperin (former Assistant City Attorney, City of Los Angeles), Fran Layton (Shute, Mihaly & Weinberger), Katherine Stone (Myers, Widders, Gibson, Jones & Schneider), Rochelle Browne (Richards, Watson & Gershon) and Bill Higgins (Land Use Program Director, Institute for Local Government) Copyright © 2006 by the Institute for Local Government 1400 K Street, Suite 205 Sacramento, CA 95814 (916) 658-8208 www.ca-ilg.org Institute for Local Government 2 Regulatory Takings and Land Use Regulation: A Primer for Public Agency Staff July 2006 IN MEMORY OF ANTHONY SAUL ALPERIN 1946-2003 This primer is dedicated to the memory of Anthony Saul Alperin, an outstanding legal scholar and advocate for local government. -
Markets Not Capitalism Explores the Gap Between Radically Freed Markets and the Capitalist-Controlled Markets That Prevail Today
individualist anarchism against bosses, inequality, corporate power, and structural poverty Edited by Gary Chartier & Charles W. Johnson Individualist anarchists believe in mutual exchange, not economic privilege. They believe in freed markets, not capitalism. They defend a distinctive response to the challenges of ending global capitalism and achieving social justice: eliminate the political privileges that prop up capitalists. Massive concentrations of wealth, rigid economic hierarchies, and unsustainable modes of production are not the results of the market form, but of markets deformed and rigged by a network of state-secured controls and privileges to the business class. Markets Not Capitalism explores the gap between radically freed markets and the capitalist-controlled markets that prevail today. It explains how liberating market exchange from state capitalist privilege can abolish structural poverty, help working people take control over the conditions of their labor, and redistribute wealth and social power. Featuring discussions of socialism, capitalism, markets, ownership, labor struggle, grassroots privatization, intellectual property, health care, racism, sexism, and environmental issues, this unique collection brings together classic essays by Cleyre, and such contemporary innovators as Kevin Carson and Roderick Long. It introduces an eye-opening approach to radical social thought, rooted equally in libertarian socialism and market anarchism. “We on the left need a good shake to get us thinking, and these arguments for market anarchism do the job in lively and thoughtful fashion.” – Alexander Cockburn, editor and publisher, Counterpunch “Anarchy is not chaos; nor is it violence. This rich and provocative gathering of essays by anarchists past and present imagines society unburdened by state, markets un-warped by capitalism. -
The Public Intellectual in Critical Marxism: from the Organic Intellectual to the General Intellect Papel Político, Vol
Papel Político ISSN: 0122-4409 [email protected] Pontificia Universidad Javeriana Colombia Herrera-Zgaib, Miguel Ángel The public intellectual in Critical Marxism: From the Organic Intellectual to the General Intellect Papel Político, vol. 14, núm. 1, enero-junio, 2009, pp. 143-164 Pontificia Universidad Javeriana Bogotá, Colombia Available in: http://www.redalyc.org/articulo.oa?id=77720764007 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative The Public Intellectual in Critical Marxism: From the Organic Intellectual to the General Intellect* El intelectual público en el marxismo crítico: del intelectual orgánico al intelecto general Miguel Ángel Herrera-Zgaib** Recibido: 28/02/09 Aprobado evaluador interno: 31/03/09 Aprobado evaluador externo: 24/03/09 Abstract Resumen The key issue of this essay is to look at Antonio El asunto clave de este artículo es examinar los Gramsci’s writings as centered on the theme escritos de Antonio Gramsci como centrados en of public intellectual within the Communist el tema del intelectual público, de acuerdo con la experience in the years 1920s and 1930s. The experiencia comunista de los años 20 y 30 del si- essay also deals with the present significance of glo XX. El artículo también trata la significación what Gramsci said about the organic intellectual presente de aquello que Gramsci dijo acerca del regarding the existence of the general intellect intelectual orgánico, considerando la existencia in the current capitalist relations of production del intelecto general en las presentes relaciones de and reproduction of society. -
Assessing the Comparative Performance of Competition
Assessing the comparative performance of competition authorities Khemla Prishnee Armoogum Thesis submitted for the degree of Doctor of Philosophy University of East Anglia School of Economics July 2016 This copy of the thesis has been supplied on condition that anyone who consults it is understood to recognise that its copyright rests with the author and that use of any information derived there from must be in accordance with current UK Copyright Law. In addition, any quotation or extract must include full attribution. Abstract Finding an effective way of assessing the performance of a competition authority is an objective that recently has been widely debated by academics and practitioners. Although several methods of evaluation exist, the issue that still remains unsolved is how the assessment could be done systematically. This thesis consists of one descriptive, and four substantive chapters, the substantive chapters (3-6) includes one theoretical and three empirical, all centred on the assessment of competition law and policy enforcement. The first empirical chapter (3) studies the determinants of the reputation of a competition authority (used as a proxy for performance). In the theoretical chapter (4), a model is developed to understand how an age profile of the number of cartels detected by a competition authority can reflect the combined effects of increasing detection efficiency and greater success of deterrence over time. The second empirical chapter (5) builds on the theoretical model and studies the age profile of cartel cases detected across time and between different competition authorities. Finally, the last chapter (6) empirically examines the possible interactions between the different types of competition cases (mergers, cartels, abuse) in the presence of a competition authority which is budget constrained, and therefore must choose how to allocate its resources between these different areas. -
Antitrust Policy As Corporate Welfare
ANTITRUST REFORM PROJECT ANTITRUST POLICY AS CORPORATE WELFARE CLYDE WAYNE CREWS JR. July 1997 ISSN# 1085-9049 ANTITRUST POLICY AS CORPORATE WELFARE Clyde Wayne Crews Jr. EXECUTIVE SUMMARY Political party reformers promised to roll back the regulatory states excesses during the 1994 and 1996 election cycles. While broad-based reform targeting counterproductive environmental and risk regulation didnt occur, a recognition persists that regulations often go too far. However, there has never been a fundamental rethinking of antitrust regulation. Despite the growing awareness of regulatory failure, antitrust, which purports to protect consumers by policing monopoly power, stands nearly unscathed as a model of public spirited regulation of business, an essential tool for protecting consumers from monopoly exploitation. Indeed, antitrust is usually believed essential to protecting the free enterprise system. This benign reputation of antitrust is undeserved and harmful. Policymakers of both parties especially those who believe antitrust promotes consumer welfare should rethink their allegiance. Many commentators have noted that antitrusts rhetoric of protecting the public doesnt fit with its actual tendency to penalize beneficial and efficient practices. Few today defend the actual performance record of antitrust. Defenders of antitrust still tend to think that applying better economics and hiring better judges will improve antitrust policy outcomes. Antitrust invites the special-interest exploitation of the public and successful businesses by legally facilitating the hobbling of competitors and offering the incentive of treble damage awards. There has never been an official acknowledgment that antitrust is fundamentally flawed and contrary to consumer interests. No part of antitrust law has been repealed. Today, antitrust is enjoying a higher profile in actions such as those against Wal-Mart, Microsoft, and the proposed Staples/Office Depot merger.