THE MYTH ABOUT AYN RAND and SOCIAL SECURITY by Onkar Ghate | June 19, 2014
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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. -
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. -
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. -
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. -
Noel Casler 12 1 18 Gotham Vet Show 215,989 Views Gad Saad
Gay Millennial and Conservative: Guy Benson (Full Interview) Gad Saad and Dave Rubin: Greg Gutfeld on Fox News Hate and Berkeley’s Intolerance (Pt. 1) Taking the Knee: Players Owners Trump and You. Greg Gutfeld on Issues with Mainstream News and Evolving Views on Trump (Pt. 2) Psychology of Trump Bob Saget on Comedy Trump and Political Correctness (Full Interview) Pia Malaney and Dave Rubin: Economics and Politics (Full Interview) Dr. Mike Munger and Dave Rubin: Political Science Trump and Libertarianism (Full Interview) Steven Pinker on the Case for Reason Science Humanism and Progress (Full Interview) Candace Owens on Her Journey From Left to Right (Live Interview) Bill Whittle on the Need for a Fair Press the Abortion Debate and Common Sense (Pt. 2) Richard Dawkins and Dave Rubin: Live at the 92nd Street Y Men vs. Women and Robotics (Full Interview) Who Was Thomas Jefferson? Universal Basic Income and the Role of Economics in Politics (Pia Malaney Pt. 2) Lauren Southern and Dave Rubin: Milo Immigration and Violent Protests (Full Interview) John Stossel and Dave Rubin: Personal Freedom and the Role of Government (Full Interview) Ben Shapiro and Dave Rubin: Trump the Alt Right Fake News and More (Full Interview) David Horowitz and Dave Rubin: Communism Trump and Leaving the Left (Full Interview) Ben Shapiro on How Trump Won and Shifting American Politics Scott Adams and Dave Rubin: Trump’s Persuasion and Presidency (Full Interview) 122,850 views What to Wear on Halloween Stefan Molyneux on Abusive Relationships Atheism Race and IQ (Full Interview) Katie Hopkins and Dave Rubin: Identity Politics Islam and Hate Speech (Full Interview) Dinesh D Souza and Dave Rubin: Hillary Clinton the Democrats and Trump (Full Interview) What is The Rubin Report? Antifa and UC Berkeley: LIVE with Tim Pool The Myth of Systemic Racism (Coleman Hughes Pt. -
The Use and Abuse of Ip at the Birth of the Administrative State
THE USE AND ABUSE OF IP AT THE BIRTH OF THE ADMINISTRATIVE STATE Adam Mossoff, George Mason University School of Law University of Pennsylvania Law Review, Vol. 157, No. 6, pp. 2001-2050, July 2009 George Mason University Law and Economics Research Paper Series 09-46 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1457848 _________________ ARTICLE _________________ THE USE AND ABUSE OF IP AT THE BIRTH OF THE ADMINISTRATIVE STATE † ADAM MOSSOFF INTRODUCTION....................................................................................2001 I. MODERN PROPERTY THEORY .......................................................2007 A. Bundles of Sticks and the Right To Exclude ..........................2009 B. The Use of IP To Redefine Property in Land .........................2013 II. THE ABUSE OF IP TO REDEFINE PROPERTY IN LAND....................2018 A. Lockean Property Theory: Labor, Value, and Property...........2020 B. Lockean Property Theory and Intellectual Property ................2022 C. Value and Property: Antecedents and Consequents ...............2024 D. Value and Wealth: Genus and Species.................................2030 III. PROGRESSIVISM,INTELLECTUAL PROPERTY, AND THE ADMINISTRATIVE STATE ................................................2040 CONCLUSION........................................................................................2049 INTRODUCTION Since its inception in the Progressive Era, the modern administra- tive state has functioned in tandem -
The Association of Private Enterprise Education*
1 THE ASSOCIATION OF PRIVATE ENTERPRISE EDUCATION* The Association of Private Enterprise Education^ v/ww.apee.org c/o Prcbasco Chair of Free Enterprise 313 Fletcher Hall. Dept. 6106 The University of Tennessee at Chattanooga 615 McCallie Avenue Chattanooga, TN 37403-2598 423.425.4118 voice 423.425.5218 fa* e-mail hand and glebe logo is a registered of The Association of Private Forty-First Annual Conference President Douglas J. Den Uyl Liberty Fund, Inc. “Capitalism: Free-Market or Crony?” Bally’s Las Vegas Hotel and Casino Las Vegas, Nevada April 3-5, 2016 The Association of Sponsors for the 2016 APEE Conference Private Enterprise Education ® The Association expresses appreciation to the The Im 2016 Adam Smith Award pact Group Charitable Foundation, Kickapoo Springs to Foundation, Kenneth and Jacqueline Berger Family John B. Taylor Trust, and NVJOBS for grants to support the atten Hoover Institution dance of young scholars at the APEE 2016 Confer ence; Liberty Fund, Inc. for support of the Undergradu The ‘ Adam Smith Award is ate Research Competition; Atlas Network for support the highest honor bestowed for the Sound Money Session and Student Blog Con by The Association of Private test; International Test Solutions, Inc., The Billing Tree, Enterprise Education®. It is Inc., the Goodrich Foundation, and the Koch Foun given to recognize an individual dation for, program support; and The Probasco Chair who has made a sustained of Free Enterprise at The University of Tennessee at and lasting contribution to the Chattanooga for support and assistance in arranging perpetuation of the ideals of a this year’s program. -
Highlights of the Past Year
aynrand.org/impact Volume 17, Number 12, December 2011 Highlights of the Past Year RI’s mission is to foster a growing awareness, paign this fall, we received more orders for free A understanding and acceptance of Ayn Rand’s books in the first month of this academic year revolutionary philosophy of Objectivism, in order than in the same period over the last few years. to create a culture whose guiding principles are As a result, ARI projects it will be out of reason, rational self-interest and laissez-faire books for distribution by the end of this month. If capitalism—a culture in which individuals are free you would like to contribute to the Free Books to to pursue their own happiness. All of ARI’s activi- Teachers program so more high school students ties are geared towards achieving this end. are exposed to Ayn Rand’s ideas in the class- OAC instructor Keith Lockitch (at right) discussing environmentalism with Our efforts are focused on impacting three main room, please visit aynrand.org/freebooks to learn this year’s interns areas in the culture, those targets that, if impacted more about the program and how you can make a internship program for college students new to effectively, will most directly and widely change difference. Rand’s ideas but who are planning to pursue intel- the culture as a whole. These areas of focus are the Another effort to educate young people about lectual careers at its offices in Irvine, California. education system, which includes students and aca- Ayn Rand’s ideas includes ARI’s annual essay This year’s class, our largest yet, consisted of nine- demics; public policy, which includes think tanks, contests, most of which are held exclusively for teen students eager to learn about Rand’s scholar- politicians and activists; and business, the field that high school and college students. -
Making Globalization Ordinary 221
Making Globalization Ordinary 221 On Teaching Making Globalization Ordinary: Teaching Globalization in the American Studies Classroom Stacy Takacs The publication in 1983 of Benedict Anderson’s Imagined Communities marked a turning point in the scholarship of the nation state and of national cultures. By daring to suggest that nations were “imagined political communi- ties” emerging out of distinctly historical circumstances, Anderson challenged the status of the nation as a taken-for-granted category of analysis. His argu- ment was well-received not because it was original, but because it crystallized an emerging consensus from within a variety of academic fields that the nation was not the only possible lens through which to examine culture, politics, economics, or history. As David Noble points out, the “aesthetic authority” of the nation—its capacity to organize thought and analysis—had to be actively sustained through practices of suppression, exclusion, and fabrication (Noble 2002, 273). By the 1940s, the work of defending the boundaries (real and sym- bolic) of the nation became increasingly difficult. World War II, the Cold War, and anti-colonial struggles made the global context of national life inescapable while the struggles of oppressed minorities within the nation for civil rights and social recognition exposed national coherence as fiction. Scholars in a variety of fields began to look beyond the paradigm of the nation for ways to understand political, economic, and social relations. They took up comparative international studies and focused on subnational circuits of culture; they began to excavate the histories of “peoples without history” (Wolf 1982) and to examine patterns of global similarity; they even sought to discover how nationalism became a 0026-3079/2008/4903/4-221$2.50/0 American Studies, 49:3/4 (Fall/Winter 2008): 221-254 221 222 Stacy Takacs truly transnational phenomenon. -
Iv. Access to the Courts and Recent Supreme Court Decisions
JOURNAL of LAW & PUBLIC AFFAIRS Vol. 2, No. 1 June 2017 JOURNAL of LAW & PUBLIC AFFAIRS Vol. 2 June 2017 No. 1 ARTICLES ACHIEVING ANTIDISCRIMINATION OBJECTIVES THROUGH “SAFE HARBOR” RULES FOR CASES OF CHRONIC HIRING AVERSION Samuel Estreicher ..........................................................................................................................................1 CLASS ACTION REFORM: CLOSING THE COURTHOUSE DOORS ON VICTIMS, ONE LAWSUIT AT A TIME Henry C. “Hank” Johnson ...........................................................................................................................13 BEYOND THE PERSONAL BENEFIT TEST: THE ECONOMICS OF TIPPING BY INSIDERS Jonathan R. Macey .......................................................................................................................................27 CONSTITUTIONAL EQUALITY AND THE ROLE OF THE GOVERNMENT Kermit Roosevelt III .....................................................................................................................................75 HOW THE CAMPAIGN AGAINST INEQUALITY UNDERMINES POLITICAL EQUALITY Don Watkins & Yaron Brook .......................................................................................................................99 THE HIDDEN STRUCTURES OF INEQUALITY: THE FEDERAL RESERVE AND A CASCADE OF FAILURES Emma Jordan .............................................................................................................................................116 OPEN FOR BUSINESS: ILLINOIS COURTS AND PARTY POLITICS -
A Companion to Ayn Rand
Blackwell Companions to Philosophy A COMPANION TO AYN RAND Edited by ALLAN GOTTHELF AND GREGORY SALMIERI A Companion to Ayn Rand Blackwell Companions to Philosophy This outstanding student reference series offers a comprehensive and authoritative survey of philosophy as a whole. Written by today’s leading philosophers, each volume provides lucid and engaging coverage of the key figures, terms, topics, and problems of the field. Taken together, the volumes provide the ideal basis for course use, representing an unparalleled work of reference for students and specialists alike. Already published in the series: 1. The Blackwell Companion to Philosophy, Second Edition 31. A Companion to Pragmatism Edited by Nicholas Bunnin and Eric Tsui-James Edited by John R. Shook and Joseph Margolis 2. A Companion to Ethics 32. A Companion to Ancient Philosophy Edited by Peter Singer Edited by Mary Louise Gill and Pierre Pellegrin 3. A Companion to Aesthetics, Second Edition 33. A Companion to Nietzsche Edited by Stephen Davies, Kathleen Marie Higgins, Robert Edited by Keith Ansell Pearson Hopkins, Robert Stecker, and David E. Cooper 34. A Companion to Socrates 4. A Companion to Epistemology, Second Edition Edited by Sara Ahbel-Rappe and Rachana Kamtekar Edited by Jonathan Dancy, Ernest Sosa, and Matthias Steup 35. A Companion to Phenomenology and Existentialism 5. A Companion to Contemporary Political Philosophy (two- Edited by Hubert L. Dreyfus and Mark A. Wrathall volume set), Second Edition 36. A Companion to Kant Edited by Robert E. Goodin and Philip Pettit Edited by Graham Bird 6. A Companion to Philosophy of Mind 37. A Companion to Plato Edited by Samuel Guttenplan Edited by Hugh H.