2013 Mont Pelerin Society Membership List
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Bruno Leoni's Legacy and Continued Relevance
BRUNO LEONI’S LEGACY AND CONTINUED RELEVANCE Todd Zywicki, George Mason University School of Law George Mason University Law and Economics Research Paper Series 14-49 This paper is available on the Social Science Research Network at http://ssrn.com/abstract=2503080 Bruno Leoni’s Legacy and Continued Relevance By Todd Zywicki∗ George Mason University School of Law Abstract In his famous book, Freedom and the Law, originally published in 1961, Italian lawyer- economist Bruno Leoni posed the question of whether over the long run a society and legal system premised primarily on legislative law-making could sustain a system of individual liberty, or whether such a system required a common law-style foundation to support it. In this article I evaluate Leoni’s challenge and find that his predictions about the nature of a legislative- centered legal system not only are more relevant than ever, but that recent tendencies toward extreme and arbitrary law-making by executive edict are consistent with the trends and intellectual principles that Leoni identified over 50 years ago. By identifying the underlying jurisprudential theories that generated the current state of affairs, Leoni’s warnings are even more relevant today than ever before. JEL Codes: B3, K00, K1 Keywords: Bruno Leoni, F.A. Hayek, common law, legislation, spontaneous order, judicial process This year would have been Bruno Leoni’s 101st birthday but for his tragic murder in 1967.1 Leoni was an Italian lawyer cum academic who was one of Europe’s leading classical liberal thinkers in the post-War era. Friend to the leading classical liberals of the age—counting Hayek, Buchanan, and Alchian as friends—Leoni was not only a pioneer of law and economic thought but also an early adopter of public choice theory (Kemp 1990). -
Atlas Network Records
http://oac.cdlib.org/findaid/ark:/13030/c80k2f0h No online items Register of the Atlas Network records Finding aid prepared by Dale Reed Hoover Institution Library and Archives © 2015, 2019 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Register of the Atlas Network 2015C50 1 records Title: Atlas Network records Date (inclusive): 1946-2013 Collection Number: 2015C50 Contributing Institution: Hoover Institution Library and Archives Language of Material: In English and Spanish Physical Description: 319 ms. boxes, 1 oversize box(160.5 Linear Feet) Abstract: Correspondence, writings, memoranda, conference papers and other conference materials, fundraising and grant award records, other financial records, and printed matter relating to international promotion of free market economic policies. Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights For copyright status, please contact the Hoover Institution Library & Archives. Acquisition Information Materials were acquired by the Hoover Institution Library & Archives in 2015. Preferred Citation [Identification of item], Atlas Network records, [Box no., Folder no. or title], Hoover Institution Library & Archives. Historical Note The Atlas Network was founded in Fairfax, Virginia, as the Atlas Economic Research Foundation, in 1981. Its founder, Sir Antony Fisher (1915-1988), had already created the Institute of Economic Affairs in his native Great Britain and the Fraser Institute in Canada. The purpose of these organizations was promotion of free market economics, limited government, and deregulation and privatization to the greatest extent possible. -
The Use of Philosophers by the Supreme Court Neomi Raot
A Backdoor to Policy Making: The Use of Philosophers by the Supreme Court Neomi Raot The Supreme Court's decisions in Vacco v Quill' and Wash- ington v Glucksberg2 held that a state can ban assisted suicide without violating the Due Process or Equal Protection Clauses of the Fourteenth Amendment. In these high profile cases, six phi- losophers filed an amicus brief ("Philosophers'Brief') that argued for the recognition of a constitutional right to die.3 Although the brief was written by six of the most prominent American philoso- phers-Ronald Dworkin, Thomas Nagel, Robert Nozick, John Rawls, Thomas Scanlon, and Judith Jarvis Thomson-the Court made no mention of the brief in unanimously reaching the oppo- site conclusion.4 In light of the Court's recent failure to engage philosophical arguments, this Comment examines the conditions under which philosophy does and should affect judicial decision making. These questions are relevant in considering the proper role of the Court in controversial political questions and are central to a recent de- bate focusing on whether the law can still be considered an autonomous discipline that relies only on traditional legal sources. Scholars concerned with law and economics and critical legal studies have argued that the law is no longer autonomous, but rather that it does and should draw on many external sources in order to resolve legal disputes. Critics of this view have main- tained that legal reasoning is distinct from other disciplines, and that the law has and should maintain its own methods, conven- tions, and conclusions. This Comment follows the latter group of scholars, and ar- gues that the Court should, as it did in the right-to-die cases, stay clear of philosophy and base its decisions on history, precedent, and a recognition of the limits of judicial authority. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
The Judiciary and the Academy: a Fraught Relationship
THE JUDICIARY AND THE ACADEMY: A FRAUGHT RELATIONSHIP RICHARD A. POSNER* I have been a federal court of appeals judge since 1981, and before that I had been a full-time law professor since 1968. And since becoming a judge I have continued to teach part time and do academic research and writing. The United States is unusual if not quite unique in the porousness of the membranes that separate the different branches of the legal profession. The judiciary both federal and state is a lateral-entry institution rather than a conventional civil service; and unlike the British system (though that system is loosening up and becoming more like the U.S. system), in which the judges are drawn from a narrow, homogeneous slice of the legal profession – namely, senior barristers – American judges are drawn from all the different branches of the profession, including the academic. Among appellate judges who came to the bench from academia are Oliver Wendell Holmes (although he had joined the Harvard Law School faculty only months before being appointed to the Supreme Judicial Court of Massachusetts, he had been doing academic writing for many years), Harlan Fiske Stone, William O. Douglas, Felix Frankfurter, Antonin Scalia, Ruth Ginsburg, and Stephen Breyer (U.S. Supreme Court); Calvert Magruder, Charles Clark, Jerome Frank, Joseph Sneed, Harry Edwards, Robert Bork, Ralph Winter, Frank Easterbrook, Stephen Williams, J. Harvie Wilkinson, John Noonan, Douglas Ginsburg, S. Jay Plager, Kenneth Ripple, Guido Calabresi, Michael McConnell, William Fletcher, and Diane Wood (U.S. courts of appeals); and Roger Traynor, Hans Linde, Benjamin Kaplan, Robert Braucher, Ellen Peters, and Charles Fried (state supreme courts). -
Promising the Constitution
RE (DO NOT DELETE) 2/14/2016 2:41 PM Copyright 2016 by Richard M. Re Printed in U.S.A. Vol. 110, No. 2 Articles PROMISING THE CONSTITUTION Richard M. Re ABSTRACT—The Constitution requires that all legislators, judges, and executive officers swear or affirm their fidelity to it. The resulting practice, often called “the oath,” has had a pervasive role in constitutional law, giving rise to an underappreciated tradition of promissory constitutionalism. For example, the Supreme Court has cited the oath as a reason to invalidate statutes, or sustain them; to respect state courts, or override them; and to follow precedents, or overrule them. Meanwhile, commentators contend that the oath demands particular interpretive methods, such as originalism, or particular distributions of interpretive authority, such as departmentalism. This Article provides a new framework for understanding the oath, its moral content, and its implications for legal practice. Because it engenders a promise, the oath gives rise to personal moral obligations. Further, the content of each oath, like the content of everyday promises, is linked to its meaning at the time it is made. The oath accordingly provides a normative basis for officials to adhere to interpretive methods and substantive principles that are contemporaneously associated with “the Constitution.” So understood, the oath provides a solution to the “dead hand” problem and explains how the people can legitimately bind their elected representatives: with each vote cast, the people today choose to be governed by oath-bound officials tomorrow. Constitutional duty thus flows from a rolling series of promises undertaken by individual officials at different times. -
Judical Stratification and the Reputations of the United States Courts of Appeals
Florida State University Law Review Volume 32 Issue 4 Article 14 2005 Judical Stratification and the Reputations of the United States Courts of Appeals Michael E. Solimine [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U. L. Rev. (2006) . https://ir.law.fsu.edu/lr/vol32/iss4/14 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW JUDICAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS Michael E. Solimine VOLUME 32 SUMMER 2005 NUMBER 4 Recommended citation: Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 FLA. ST. U. L. REV. 1331 (2005). JUDICIAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS MICHAEL E. SOLIMINE* I. INTRODUCTION.................................................................................................. 1331 II. MEASURING JUDICIAL REPUTATION, PRESTIGE, AND INFLUENCE: INDIVIDUAL JUDGES AND MULTIMEMBER COURTS ............................................................... 1333 III. MEASURING THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS . 1339 IV. THE RISE AND FALL OF -
Annual Report 2016
ANNUAL REPORT 2016 Section 1 WE THOUGHT WE WERE JUST PLANTING ‘‘A WILDFLOWER AMONG THE WEEDS OF ACADEMIC LIBERALISM, AND IT TURNED OUT TO BE AN OAK.” — Antonin Scalia (1936–2016) Section 3 TABLE OF CONTENTS 7 8 13 The President’s Student Lawyers Message Division Chapters 16 21 24 Faculty Practice State Division Groups Outreach 26 28 30 Alumni International National Lawyers OUR PURPOSE Relations Affairs Convention Federalist Society Senior Vice President Lee Liberman Otis, President Eugene B. Meyer, and Executive Vice President Leonard A. Leo. 38 40 43 Regulatory Article I Digital Transparency Project Initiative Law schools and the legal profession are currently emphatically the province and duty of the judiciary to strongly dominated by a form of orthodox liberal say what the law is, not what it should be. The Society ideology which advocates a centralized and uniform seeks both to promote an awareness of these principles 46 48 society. While some members of the academic and to further their application through its activities. Publications Benefactors community have dissented from these views, by and & Blog large they are taught simultaneously with (and indeed This entails reordering priorities within the legal as if they were) the law. system to place a premium on individual liberty, traditional values, and the rule of law. It also requires 53 59 The Federalist Society for Law and Public Policy restoring the recognition of the importance of these Independent Officers & Studies is a group of conservatives and libertarians norms among lawyers, judges, law students, and Audit Staff interested in the current state of the legal order. -
Ralph Raico: Champion of Authentic Liberalism Daniel P
State University of New York College at Buffalo - Buffalo State College Digital Commons at Buffalo State History Theses History and Social Studies Education 12-2012 Ralph Raico: Champion of Authentic Liberalism Daniel P. Stanford [email protected] Advisor Gary Marotta, Ph.D., Professor of History First Reader Gary Marotta, Ph.D., Professor of History Second Reader John D. Abromeit, Ph.D., Assistant Professor of History Department Chair Andrew D. Nicholls, Ph.D., Professor of History To learn more about the History and Social Studies Education Department and its educational programs, research, and resources, go to http://history.buffalostate.edu/. Recommended Citation Stanford, Daniel P., "Ralph Raico: Champion of Authentic Liberalism" (2012). History Theses. Paper 13. Follow this and additional works at: http://digitalcommons.buffalostate.edu/history_theses Part of the European History Commons, Intellectual History Commons, and the United States History Commons Ralph Raico: Champion of Authentic Liberalism by Daniel P. Stanford An Abstract of a Thesis in History Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts December 2012 College at Buffalo State University of New York Department of History 1 ABSTRACT OF THESIS Ralph Raico: Champion of Authentic Liberalism This paper explores the intellectual life and writings of Professor Emeritus in History at Buffalo State College, Ralph Raico. The central thesis seeks to portray Professor Raico as the great modern libertarian revisionist historian, and the great modern champion of historical, classical liberalism. More broadly, the work attempts to solidify Professor Raico’s reputation as a major figure in the modern American libertarian movement. Raico’s intellectual foundations are fully developed, beginning from grade school at Bronx High School of Science, to his attendance of Ludwig von Mises’s New York University seminar, to his P.h.D. -
Oral History of Distinguished American Judges: HON. DIANE P
NEW YORK UNIVERSITY SCHOOL OF LAW – INSTITUTE OF JUDICIAL ADMINISTRATION (IJA) Oral History of Distinguished American Judges HON. DIANE P. WOOD U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT An Interview with Steven Art, Loevy & Loevy Katherine Minarik, cleverbridge September 27, 2018 All rights in this oral history interview belong to New York University. Quoting or excerpting of this oral history interview is permitted as long as the quotation or excerpt is limited to fair use as defined by law. For quotations or excerpts that exceed fair use, permission must be obtained from the Institute of Judicial Administration (IJA) at, Wilf Hall, 139 Macdougal Street, Room 420, New York 10012, or to [email protected], and should identify the specific passages to be quoted, intended use, and identification of the user. Any permission granted will comply with agreements made with the interviewees and/or interviewers who participated in this ora l history. All permitted uses must cite and give proper credit to: IJA Oral History of Distinguished American Judges, Institute of Judicial Administration, NYU School of Law, Judge Diane P. Wood: An Interview with Steven Art and Katherine Minarik, 2018. *The transcript shall control over the video for any permitted use in accordance with the above paragraph. Any differences in the transcript from the video reflect post-interview clarifications made by the participants and IJA. The footnotes were added by IJA solely for the reader’s information; no representation is made as to the accuracy or completeness of any of such footnote s. Transcribed by Ubiqus www.ubiqus.com NEW YORK UNIVERSITY SCHOOL OF LAW – INSTITUTE OF JUDICIAL ADMINISTRATION (IJA) Oral History of Distinguished American Judges [START RECORDING] MS. -
The Essential Rothbard
THE ESSENTIAL ROTHBARD THE ESSENTIAL ROTHBARD DAVID GORDON Ludwig von Mises Institute AUBURN, ALABAMA Copyright © 2007 Ludwig von Mises Institute All rights reserved. No part of this book may be reproduced in any man- ner whatsoever without written permission except in the case of reprints in the context of reviews. For information write the Ludwig von Mises Institute, 518 West Magnolia Avenue, Auburn, Alabama 36832 U.S.A.; www.mises.org. ISBN: 10 digit: 1-933550-10-4 ISBN: 13 digit: 978-1-933550-10-7 CONTENTS Introduction . 7 The Early Years—Becoming a Libertarian . 9 Man, Economy, and State: Rothbard’s Treatise on Economic Theory . 14 Power and Market: The Final Part of Rothbard’s Treatise . 22 More Advances in Economic Theory: The Logic of Action . 26 Rothbard on Money: The Vindication of Gold . 36 Austrian Economic History . 41 A Rothbardian View of American History . 55 The Unknown Rothbard: Unpublished Papers . 63 Rothbard’s System of Ethics . 87 Politics in Theory and Practice . 94 Rothbard on Current Economic Issues . 109 Rothbard’s Last Scholarly Triumph . 113 Followers and Influence . 122 Bibliography . 125 Index . 179 5 INTRODUCTION urray N. Rothbard, a scholar of extraordinary range, made major contributions to economics, history, politi- Mcal philosophy, and legal theory. He developed and extended the Austrian economics of Ludwig von Mises, in whose seminar he was a main participant for many years. He established himself as the principal Austrian theorist in the latter half of the twentieth century and applied Austrian analysis to topics such as the Great Depression of 1929 and the history of American bank- ing. -
Abundant Splits and Other Significant Bankruptcy Decisions
Abundant Splits and Other Significant Bankruptcy Decisions 38th Annual Commercial Law & Bankruptcy Seminar McCall, Idaho Feb. 6, 2020; 2:30 P.M. Bill Rochelle • Editor-at-Large American Bankruptcy Institute [email protected] • 703. 894.5909 © 2020 66 Canal Center Plaza, Suite 600 • Alexandria, VA 22014 • www.abi.org American Bankruptcy Institute • 66 Canal Center Plaza, Suite 600 • Alexandria, VA 22314 1 www.abi.org Table of Contents Supreme Court ........................................................................................................................ 4 Decided Last Term ........................................................................................................................... 5 Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules ............................. 6 Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules .................. 10 Court Rejects Strict Liability for Discharge Violations ............................................................... 15 Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy ................. 20 Decided This Term ......................................................................................................................... 24 Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable .............. 25 Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence ....................... 28 Cases Argued So Far This Term ..................................................................................................