Public Communication in Totalitarian, Authoritarian and Statist Regimes: a Comparative Glance 2010
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BEYOND PUBLIC CHOICE and PUBLIC INTEREST: a STUDY of the LEGISLATIVE PROCESS AS ILLUSTRATED by TAX LEGISLATION in the 1980S
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 NOVEMBER 1990 No. 1 ARTICLES BEYOND PUBLIC CHOICE AND PUBLIC INTEREST: A STUDY OF THE LEGISLATIVE PROCESS AS ILLUSTRATED BY TAX LEGISLATION IN THE 1980s DANIEL SHAVIRO" TABLE OF CONTENTS I. INTRODUCTION ................................. 3 II. HISTORICAL OVERVIEW OF CYCLICAL TAX LEGISLATION ... 11 A. Legislation From the Beginning of the Income Tax Through the 1970s: The Evolution of Tax Instrumentalism and Tax Reform ..................................... 11 t Assistant Professor, University of Chicago Law School. The author was a Legislation Attorney with theJoint Committee of Taxation during the enactment of the 1986 tax bill discussed in this Article. He is grateful to Walter Blum, Richard Posner, Cass Sunstein, and the participants in a Harvard Law School seminar on Current Research in Taxation, held in Chatham, Massachusetts on August 23-26, 1990, for helpful comments on earlier drafts, to Joanne Fay and Michael Bonarti for research assistance, and to the WalterJ. Blum Faculty Research Fund and the Kirkland & Ellis Faculty Fund for financial support. 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 139: 1 B. The 1981 Act and Its Aftermath ................... 19 C. The 1986 Act ............................... 23 D. Aftermath of the 198.6 Act ......................... 29 E. Summary .................................. 30 III. THE PUBLIC INTEREST THEORY OF LEGISLATION ........ 31 A. The Various Strands of Public Interest Theory .......... 31 1. Public Interest Theory in Economics ............ 31 2. The Pluralist School in Political Science .......... 33 3. Ideological Views of the Public Interest .......... 35 B. Criticisms of PublicInterest Theory .................. 36 1. (Largely Theoretical) Criticisms by Economists ... 36 a. When Everyone "Wins," Everyone May Lose .. -
The Illusory Distinction Between Equality of Opportunity and Equality of Result
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1992 The Illusory Distinction between Equality of Opportunity and Equality of Result David A. Strauss Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation David A. Strauss, "The Illusory Distinction between Equality of Opportunity and Equality of Result," 34 William and Mary Law Review 171 (1992). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. THE ILLUSORY DISTINCTION BETWEEN EQUALITY OF OPPORTUNITY AND EQUALITY OF RESULT DAVID A. STRAUSS* I. INTRODUCTION "Our society should guarantee equality of opportunity, but not equality of result." One hears that refrain or its equivalent with increasing frequency. Usually it is part of a general attack on gov- ernment measures that redistribute wealth, or specifically on af- firmative action, that is, race- and gender-conscious efforts to im- prove the status of minorities and women. The idea appears to be that the government's role is to ensure that everyone starts off from the same point, not that everyone ends up in the same condi- tion. If people have equal opportunities, what they make of those opportunities is their responsibility. If they end up worse off, the government should not intervene to help them.1 In this Article, I challenge the usefulness of the distinction be- tween equality of opportunity and equality of result. -
Speaking “Truth” to Biopower
4.BLOOM.MACRO.12.29.11 (DO NOT DELETE) 1/20/2012 11:46 AM SPEAKING “TRUTH” TO BIOPOWER Anne Bloom* INTRODUCTION Left-leaning plaintiffs‟ lawyers sometimes describe their work as “Speaking Truth to Power.”1 The “Truth” they speak usually involves tales of government or corporate wrongdoing, while the power they confront is usually institutional.2 I am a long-time supporter of the plaintiffs‟ bar and believe that the work that they are doing is important. At the same time, I would like to propose an alternative way of “Speaking Truth to Power” that involves somewhat different understandings of both truth and power. I call this strategy “Speaking „Truth‟ to Biopower.” “Speaking „Truth‟ to Biopower” is a pragmatic strategy for legal activism that incorporates postmodern insights regarding the nature of both “truth” and “power.” “Truth” is in quotes to emphasize its contingency – the impossibility of understanding what truth means outside of a particular political and social context. “Biopower” replaces “Power” to highlight the ways in which the body is a key site of contestation in contemporary political struggles.3 While these insights are postmodern,4 the strategy I propose is not. Instead of rejecting legal arguments that rely upon foundational beliefs or “truths” (as would be characteristic of a postmodern approach),5 I argue it is more useful to strategically deploy legal “truths” in * Professor of Law, the University of the Pacific/McGeorge School of Law. Thanks to Danielle Hart for her efforts in putting together this symposium and for her comments on earlier versions of this essay. -
Why Creative Workers' Attitudes May Reinforce Social Inequality
This is a repository copy of ‘Culture is a meritocracy’: Why creative workers’ attitudes may reinforce social inequality. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/121610/ Version: Accepted Version Article: Taylor, M.R. orcid.org/0000-0001-5943-9796 and O'Brien, D. (2017) ‘Culture is a meritocracy’: Why creative workers’ attitudes may reinforce social inequality. Sociological Research Online. ISSN 1360-7804 https://doi.org/10.1177/1360780417726732 Reuse Items deposited in White Rose Research Online are protected by copyright, with all rights reserved unless indicated otherwise. They may be downloaded and/or printed for private study, or other acts as permitted by national copyright laws. The publisher or other rights holders may allow further reproduction and re-use of the full text version. This is indicated by the licence information on the White Rose Research Online record for the item. Takedown If you consider content in White Rose Research Online to be in breach of UK law, please notify us by emailing [email protected] including the URL of the record and the reason for the withdrawal request. [email protected] https://eprints.whiterose.ac.uk/ Culture is a meritocracy: Why Abstract The attitudes and values of cultural and creative workers are an important element of explaining current academic interest in inequality and culture. To date, quantitative approaches to this element of cultural and creative inequality has been overlooked, particularly in British research. This paper investigates the attitudes of those working in creative jobs with a unique dataset, a web survey of creative Using principal components analysis and regression, we have three main findings. -
Nathan Glazer—Merit Before Meritocracy - the American Interest
Nathan Glazer—Merit Before Meritocracy - The American Interest https://www.the-american-interest.com/2019/04/03/nathan-glazer-... https://www.the-american-interest.com/2019/04/03/nathan-glazer-merit-before-meritocracy/ WHAT ONCE WAS Nathan Glazer—Merit Before Meritocracy PETER SKERRY The perambulating path of this son of humble Jewish immigrants into America’s intellectual and political elites points to how much we have overcome—and lost—over the past century. The death of Nathan Glazer in January, a month before his 96th birthday, has been rightly noted as the end of an era in American political and intellectual life. Nat Glazer was the last exemplar of what historian Christopher Lasch would refer to as a “social type”: the New York intellectuals, the sons and daughters of impoverished, almost exclusively Jewish immigrants who took advantage of the city’s public education system and then thrived in the cultural and political ferment that from the 1930’s into the 1960’s made New York the leading metropolis of the free world. As Glazer once noted, the Marxist polemics that he and his fellow students at City College engaged in afforded them unique insights into, and unanticipated opportunities to interpret, Soviet communism to the rest of America during the Cold War. Over time, postwar economic growth and political change resulted in the relative decline of New York and the emergence of Washington as the center of power and even glamor in American life. Nevertheless, Glazer and his fellow New York intellectuals, relocated either to major universities around the country or to Washington think tanks, continued to exert remarkable influence over both domestic and foreign affairs. -
Plutocracy: the Marketising of ‘Equality’ Within Neoliberalism
City Research Online City, University of London Institutional Repository Citation: Littler, J. (2013). Meritocracy as plutocracy: the marketising of ‘equality’ within neoliberalism. New Formations: a journal of culture/theory/politics, 80-81, pp. 52-72. doi: 10.3898/NewF.80/81.03.2013 This is the published version of the paper. This version of the publication may differ from the final published version. Permanent repository link: https://openaccess.city.ac.uk/id/eprint/4167/ Link to published version: http://dx.doi.org/10.3898/NewF.80/81.03.2013 Copyright: City Research Online aims to make research outputs of City, University of London available to a wider audience. Copyright and Moral Rights remain with the author(s) and/or copyright holders. URLs from City Research Online may be freely distributed and linked to. Reuse: Copies of full items can be used for personal research or study, educational, or not-for-profit purposes without prior permission or charge. Provided that the authors, title and full bibliographic details are credited, a hyperlink and/or URL is given for the original metadata page and the content is not changed in any way. City Research Online: http://openaccess.city.ac.uk/ [email protected] MERITOCRACY AS PLUTOCRACY: THE MARKETISING OF ‘EQUALITY’ UNDER NEOLIBERALISM Jo Littler Abstract Meritocracy, in contemporary parlance, refers to the idea that whatever our social position at birth, society ought to facilitate the means for ‘talent’ to ‘rise to the top’. This article argues that the ideology of ‘meritocracy’ has become a key means through which plutocracy is endorsed by stealth within contemporary neoliberal culture. -
Radical Chic? Yes We Are!
Radical Chic? Yes We Are! Johan Frederik Hartle 23 March 2012 Ever since Tom Wolfe in a classical 1970 essay coined the term "radical chic", upper-class flirtation with radical causes has been ridiculed. But by separating aesthetics from politics Wolfe was actually more reactionary than the people he criticized, writes Johan Frederik Hartle. Even the most practical revolutionaries will be found to have manifested their ideas in the aesthetic sphere. Kenneth Burke, 1936 Newness and the aesthetico-political A discussion of “radical chic” – a term used to denounce criticism and radical thought as something merely fashionable – is, to some extent, a discussion of the new. And while the merely fashionable is, in spite of its pretensions to be innovative and new, still conformist and predictable, being radical is the (sometimes tragic) attempt to differ. Such attempts to differ from prevailing (complacent, bourgeois) agreements are strongly dependent on the jargon of novelty. Therefore we find overlapping dimensions of the aesthetic and the political in the concept of the new. The new itself, a key concept of aesthetic modernity, however, has not always been fashionable. And the category of the new is of course nothing new itself. The new fills archives, whole libraries – and that is, somehow, a paradox in itself. Generations of modernist aestheticians were dealing with the question: why is there aesthetic innovation at all, and how is it possible? With the post-historical exhaustion of history the rejection of the new was cause for a certain satisfaction. Boris Groys argues that: the discourse on the impossibility of the new in art has become especially widespread and influential. -
Affectation with Public Interest Walton H
YALE LAW JOURNAL Vol. XXXIX JUNE, 1930 No.8 AFFECTATION WITH PUBLIC INTEREST WALTON H. HAMILTON I If, towards the close of a life which ended in 1676, Sir Matthew Hale scribbled into a treatise on the ports of the sea 1 the words "affected with a public interest" with an intent of making a great contribution to American constitutional law, the records make no mention of it. But whatever his meaning and purpose, events have conspired to accord to Britain's Chief Justice of the Res toration period a share in the authorship of the supreme law of the land; for a phrase which hails from a Merry England of a quarter-millenium ago has come to be the "established test by which the legislative power to fix the prices of commodities, use of property, and services, must be measured." 2 It is, accordingly, of some interest to inquire into the coming of this ancient phrase into the constitution of the new republic, its vicissitudes at the hands of the bench, the authority which for the moment it enjoys, and the security of its current position. On three occasions of late the United States Supreme Court has appealed to the "test" of "affected with a public interest" to dispose of cases turning upon the power of state legislatures to fix prices. A New York statute, aimed at excessive charges by brokers, forbade the resale of a theatre ticket "at a price in ex cess of fifty cents in advance" of the box-office price.3 A New 1 A Treatise in Three Parts. -
LEGAL EDUCATION and PUBLIC POLICY: PROFESSIONAL TRAINING in the PUBLIC INTEREST by HAROLD D
THE YALE LAW JOURNAL VOLUmE 52 MARCH 1943 NUmBER 2 LEGAL EDUCATION AND PUBLIC POLICY: PROFESSIONAL TRAINING IN THE PUBLIC INTEREST By HAROLD D. LASSWELLt and MYRES S. McDOUGALt A RECURRENT problem for all who are interested in implementing pol- icy, the reform of legal education must become ever more urgent in a revolutionary world of cumulative crises and increasing violence. Despite the fact that for six or seven decades responsibility for training new members of the "public profession" of the law has in this country been an almost exclusive monopoly of a new subsidized intellectual 6Iite, pro- fessional teachers of law, and despite much recent ferment and agitation among such teachers, little has actually been achieved in refashioning ancient educational practices to serve insistent contemporary needs. No critics have been more articulate in lamenting this failure than the pro- fessional law teachers themselves.' What they think they have done to Visiting Sterling Lecturer, Yale La,; School; Director, War Communications Re- search, Library of Congress. t Professor of Law, Yale Law School. This article was submitted befure Mr. 'McDou- gal took leave of absence to become General Counsel of the Office of Foreign Relief and Rehabilitation Operations in the State Department. 1. Still the best call to arms is HoHFELD, A VITA SCHOOL OF JUMsPnUDzIXcE A LAw, Fu mra.=AwsL LEcAL CoxcETIOis (Cook ed. 1923) 332. The most useful syste- matic survey is FACULTY OF LAw, CoLumrA UNVERSITy, Su.=uAry or STUDIES I: LEGAL EDUCATION (Oliphant ed. 1928). Among other articles which we have found helpful are Keyserling, Social Objectives in Legal Education (1933) 33 Cor. -
Ursula Mctaggart
RADICALISM IN AMERICA’S “INDUSTRIAL JUNGLE”: METAPHORS OF THE PRIMITIVE AND THE INDUSTRIAL IN ACTIVIST TEXTS Ursula McTaggart Submitted to the faculty of the University Graduate School in partial fulfillment of the requirements for the degree Doctor of Philosophy In the Departments of English and American Studies Indiana University June 2008 Accepted by the Graduate Faculty, Indiana University, in partial fulfillment of the requirements for the degree of Doctor of Philosophy Doctoral Committee ________________________________ Purnima Bose, Co-Chairperson ________________________________ Margo Crawford, Co-Chairperson ________________________________ DeWitt Kilgore ________________________________ Robert Terrill June 18, 2008 ii © 2008 Ursula McTaggart ALL RIGHTS RESERVED iii ACKNOWLEDGEMENTS A host of people have helped make this dissertation possible. My primary thanks go to Purnima Bose and Margo Crawford, who directed the project, offering constant support and invaluable advice. They have been mentors as well as friends throughout this process. Margo’s enthusiasm and brilliant ideas have buoyed my excitement and confidence about the project, while Purnima’s detailed, pragmatic advice has kept it historically grounded, well documented, and on time! Readers De Witt Kilgore and Robert Terrill also provided insight and commentary that have helped shape the final product. In addition, Purnima Bose’s dissertation group of fellow graduate students Anne Delgado, Chia-Li Kao, Laila Amine, and Karen Dillon has stimulated and refined my thinking along the way. Anne, Chia-Li, Laila, and Karen have devoted their own valuable time to reading drafts and making comments even in the midst of their own dissertation work. This dissertation has also been dependent on the activist work of the Black Panther Party, the League of Revolutionary Black Workers, the International Socialists, the Socialist Workers Party, and the diverse field of contemporary anarchists. -
Ap Government Chapter 6: Interest Groups: the Politics of Influence
AP GOVERNMENT CHAPTER 6: INTEREST GROUPS: THE POLITICS OF INFLUENCE Interest groups are dedicated to advancing specific interests through the political process. US Supreme Court has ruled that as long as such communications avoid (radio/tv) words like vote for or vote against, they are issue advocacy ads, and as such, they are not subject to the same disclosure requirements and contribution limitations as candidate campaign advertising Issue Advocacy- unlimited and undisclosed spending by an individual or group on communications that do not use words like “vote for” or “vote against” although much of this activity is actually about electing or defeating candidates. PAC- Political Action Committees INTEREST GROUPS PAST AND PRESENT: THE “MISCHIEFS OF FACTION” Factions- a term used to refer to political parties and special interests or interest groups. Americans live in a maze of group interests, and have to choose which ones to support. A Nation of Interests Interest Groups- collection of people who share some common interest or attitude and seek to influence government for specific ends. Usually work within the framework of government and employ tactics such as lobbying to achieve their goals. One person’s special interest is another’s public interest. Politics is best seen as a clash among interests with differing concepts of what is in the public interest rather than a battle between the special interests on one side, and the “people” on the other. Interest group is an analytical term used to describe a group that speaks for some but not all of us. Part of the politics of interest groups is to persuade the general public that your group’s interest is better, broader, more beneficial, and more general than other groups. -
Picking up the Books: the New Historiography of the Black Panther Party
PICKING UP THE BOOKS: THE NEW HISTORIOGRAPHY OF THE BLACK PANTHER PARTY David J. Garrow Paul Alkebulan. Survival Pending Revolution: The History of the Black Panther Party. Tuscaloosa: University of Alabama Press, 2007. 176 pp. Notes, bibliog- raphy, and index. $28.95. Curtis J. Austin. Up Against the Wall: Violence in the Making and Unmaking of the Black Panther Party. Fayetteville: University of Arkansas Press, 2006. 456 pp. Photographs, notes, bibliography, and index. $34.95. Paul Bass and Douglas W. Rae. Murder in the Model City: The Black Panthers, Yale, and the Redemption of a Killer. New York: Basic Books, 2006. 322 pp. Pho- tographs, notes, bibliography, and index. $26.00. Flores A. Forbes. Will You Die With Me? My Life and the Black Panther Party. New York: Atria Books, 2006. 302 pp. Photographs and index. $26.00. Jama Lazerow and Yohuru Williams, eds. In Search of the Black Panther Party: New Perspectives on a Revolutionary Movement. Durham: Duke University Press, 2006. 390 pp. Notes and index. $84.95 (cloth); $23.95 (paper). Jane Rhodes. Framing the Black Panthers: The Spectacular Rise of a Black Power Icon. New York: The New Press, 2007. 416 pp. Notes, bibliography, and index. $35.00. A comprehensive review of all published scholarship on the Black Panther Party (BPP) leads to the inescapable conclusion that the huge recent upsurge in historical writing about the Panthers begins from a surprisingly weak and modest foundation. More than a decade ago, two major BPP autobiographies, Elaine Brown’s A Taste of Power (1992) and David Hilliard’s This Side of Glory (1993), along with Hugh Pearson’s widely reviewed book on the late BPP co-founder Huey P.