In Praise of Liberalism: an Assessment of Liberal Political Thought from the 17Th Century to Today
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Learned Hand: the Jurisprudential Trajectory of an Old Progressive
Buffalo Law Review Volume 43 Number 3 Article 7 12-1-1995 Learned Hand: The Jurisprudential Trajectory of an Old Progressive Edward A. Purcell Jr. New York Law School Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Legal History Commons Recommended Citation Edward A. Purcell Jr., Learned Hand: The Jurisprudential Trajectory of an Old Progressive, 43 Buff. L. Rev. 873 (1995). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol43/iss3/7 This Book Review is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. BOOK REVIEW Learned Hand: The Jurisprudential Trajectory of an Old Progressive EDWARD A. PURCELL, JR.t For more than half a century Learned Hand sat on the federal bench, and he is still widely considered the greatest American judge never to sit on the United States Supreme Court.1 For two decades Gerald Gunther, a distinguished authority on constitu- tional law, has labored faithfully on his biography. Such an excep- tional combination of author and subject promises a weighty and stimulating result, and Learned Hand: The Man and the Judge2 amply fulfills the expectation. It is massive in scope, elegant in style, insightful in analysis, and sensitive in characterization. Gunther examines the noteworthy events that marked Hand's public career and explores the fears, beliefs, aspirations, and inse- curities that shaped his private reality. -
Analysis Note: the Economic Case for Gender Equality
Analysis Note: the Economic Case for Gender Equality Mark SMITH and Francesca BETTIO August 2008 This analysis note was financed by and prepared for the use of the European Commission, Directorate- General for Employment, Social Affairs and Equal Opportunities. It does not necessarily reflect the opinion or position of the European Commission, Directorate-General for Employment, Social Affairs and Equal Opportunities. Neither the Commission nor any person acting on its behalf is responsible for the use that might be made of the information contained in this publication. EGGE – European Commission's Network of Experts on Employment and Gender Equality issues – Fondazione Giacomo Brodolini EXECUTIVE SUMMARY Although gender equality is widely regarded as a worthwhile goal it is also seen as having potential costs or even acting as a constraint on economic growth and while this view may not be evident in official policy it remains implicit in policy decisions. For example, where there is pressure to increase the quantity of work or promote growth, progress towards gender equality may be regarded as something that can be postponed. However, it is possible to make an Economic Case for gender equality, as an investment, such that it can be regarded as a means to promote growth and employment rather than act as a cost or constraint. As such equality policies need to be seen in a wider perspective with a potentially greater impact on individuals, firms, regions and nations. The Economic Case for gender equality can be regarded as going a step further than the so- called Business Case. While the Business Case emphasises the need for equal treatment to reflect the diversity among potential employees and an organisation’s customers the Economic Case stresses economic benefits at a macro level. -
FEMA Guide to Continuity of Government for State, Local
Guide to Continuity of Government For State, Local, Tribal and Territorial Governments July 2021 Guide to Continuity of Government for State, Local, Tribal and Territorial Governments This page intentionally left blank Guide to Continuity of Government for State, Local, Tribal and Territorial Governments Table of Contents 1. Introduction and Purpose .......................................................................................................... 2 2. Principals of COOP, COG and ECG ............................................................................................. 3 2.1. Relationship Between COOP and COG ........................................................................... 5 3. Continuity of Government – A Coordinated Effort .................................................................... 5 3.1. COG - Representation and Cross Governmental/Jurisdictional/ Organizational Continuity Working Group ............................................................................................... 5 3.2. Branches of Government (Federal Model) .................................................................... 6 3.3. SLTT Departments, Agencies and Bureaus ................................................................... 8 4. Emergency Action Steps ............................................................................................................ 9 4.1. Emergency Resources .................................................................................................. 10 Annex A: NEF 1 Description .......................................................................................................... -
Democracy in the United States
Democracy in the United States The United States is a representative democracy. This means that our government is elected by citizens. Here, citizens vote for their government officials. These officials represent the citizens’ ideas and concerns in government. Voting is one way to participate in our democracy. Citizens can also contact their officials when they want to support or change a law. Voting in an election and contacting our elected officials are two ways that Americans can participate in their democracy. Voting booth in Atascadero, California, in 2008. Photo by Ace Armstrong. Courtesy of the Polling Place Photo Project. Your Government and You H www.uscis.gov/citizenship 1 Becoming a U.S. Citizen Taking the Oath of Allegiance at a naturalization ceremony in Washington, D.C. Courtesy of USCIS. The process required to become a citizen is called naturalization. To become a U.S. citizen, you must meet legal requirements. You must complete an interview with a USCIS officer. You must also pass an English and Civics test. Then, you take the Oath of Allegiance. This means that you promise loyalty to the United States. When you become a U.S. citizen, you also make these promises: ★ give up loyalty to other countries ★ defend the Constitution and laws of the United States ★ obey the laws of the United States ★ serve in the U.S. military (if needed) ★ do important work for the nation (if needed) After you take the Oath of Allegiance, you are a U.S. citizen. 2 Your Government and You H www.uscis.gov/citizenship Rights and Responsibilities of Citizens Voting is one important right and responsibility of U.S. -
Resistance to Civil Government
Resistance to Civil Government 1849 Henry David Thoreau 1817–1862 YogeBooks 2008:11:20:20:02:59 2 Æsthetic Papers Art X.—Resistance to Civil Government A Lecture delivered in 1847 3 4 Resistance to Civil Government heartily accept the motto,—“That government is best Iwhich governs least;” and I should like to see it acted up to more rapidly and systematically. Carried out, it finally amounts to this, which also I believe,—“That government is best which governs not at all;” and when men are prepared for it, that will be the kind of government which they will have. Government is at best but an expedient; but most governments are usually, and all governments are sometimes, inexpedient. The objections which have been brought against a standing army, and they are many and weighty, and deserve to prevail, may also at last be brought against a standing government. The standing army is only an arm of the standing government. The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it. Witness the present Mexican war, the work of comparatively a few individuals using the standing government as their tool; for, in the outset, the people would not have consented to this measure. This American government,—what is it but a tradition, though a recent one, endeavoring to transmit itself unimpaired to posterity, but each instant losing some of its integrity? It has not the vitality and force of a single living man; for a single man can bend it to his will. -
The Historic Failure of the Chicago School of Antitrust Mark Glick
Antitrust and Economic History: The Historic Failure of the Chicago School of Antitrust Mark Glick1 Working Paper No. 95 May 2019 ABSTRACT This paper presents an historical analysis of the antitrust laws. Its central contention is that the history of antitrust can only be understood in light of U.S. economic history and the succession of dominant economic policy regimes that punctuated that history. The antitrust laws and a subset of other related policies have historically focused on the negative consequences resulting from the rise, expansion, and dominance of big business. Antitrust specifically uses competition as its tool to address these problems. The paper traces the evolution of the emergence, growth and expansion of big business over six economic eras: the Gilded Age, the Progressive Era, the New Deal, the post-World War II Era, the 1970s, and the era of neoliberalism. It considers three policy regimes: laissez-faire during the Gilded Age and the Progressive Era, the New Deal, policy regime from the Depression through the early 1970s, and the neoliberal policy regime that dominates today and includes the Chicago School of antitrust. The principal conclusion of the paper is that the activist antitrust policies associated with the New Deal that existed from the late 1 Professor, Department of Economics, University of Utah. Email: [email protected]. I would like to thank members of the University of Utah Competition Group, Catherine Ruetschlin, Marshall Steinbaum, and Ted Tatos for their help and input. I also benefited from suggestions and guidance from Gérard Duménil’s 2019 seminar on economic history at the University of Utah. -
25 Mill on Justice and Rights DAVID O
25 Mill on Justice and Rights DAVID O. BRINK Mill develops his account of the juridical concepts of justice and rights in several d ifferent contexts and works. He discusses both the logic of these juridical concepts – what rights and justice are and how they are related to each other and to utility – and their substance – what rights we have and what justice demands. Though the logic and substance of these juridical concepts are distinct, they are related. An account of the logic of rights and justice should constrain how one justifies claims about their substance, and ways of defending what rights we have and what justice demands pre- suppose claims about the logic of these concepts. We would do well to examine Mill’s central claims about the substance of justice and rights before turning to his views about their logic. Mill links demands of justice and individual rights. He defends rights to basic liberties in On Liberty (1859), women’s rights to sexual equality as a matter of justice in The Subjection of Women (1869), and rights to fair equality opportunity in Principles of Political Economy (1848) and The Subjection of Women. While these are Mill’s central claims about the substance of rights and justice, he is attracted to three different conceptions of the logic of rights and justice. His most explicit discussion occurs in Chapter V of Utilitarianism (1861) in response to the worry that justice is a moral con- cept independent of considerations of utility. There, Mill develops claims about justice and rights that treat them as related parts of an indirect utilitarian conception of duty that explains fundamental moral notions in terms of expedient sanctioning responses. -
One Hundred Years of Arrogance: Why 'Western' Liberalism Won't Save Latin America
LSE Latin America and Caribbean Blog: One hundred years of arrogance: why ‘Western’ liberalism won’t save Latin America Page 1 of 4 One hundred years of arrogance: why ‘Western’ liberalism won’t save Latin America Liberalism is often seen as a Western gift to the world that became tragically warped on contact with less developed nations. But where once the region’s intellectuals themselves subscribed to this vision, more recent scholarship shows that Latin American countries charted their own courses towards “liberal” rights and constitutions. Despite even the recent ravages of neoliberalism, the key tenets and institutions of liberalism remain deeply popular, write Catherine Andrews (CIDE, Mexico) and Ariadna Acevedo Rodrigo (Cinvestav, Mexico). • Disponible también en español (versión extendida) In a recent article musing on the state of governance in Latin America, The Economist‘s columnist Bello asks himself whether “liberal ideas suffer in the region because they are imported”. He thinks so, but he nonetheless encourages Latin Americans to persist with them because they will bring “equality of opportunity” and “better public services at an affordable cost”. In a single stroke, Bello resolves all of liberalism’s contradictions and limitations by absolving it of blame for failing in Latin America. It is not liberalism – an “imported” idea – but rather its faulty application, which is in crisis. He conveniently forgets that the 2008 financial crisis left liberalism in crisis everywhere. He also overlooks at least two decades of research -
A Critique of John Stuart Mill Chris Daly
Southern Illinois University Carbondale OpenSIUC Honors Theses University Honors Program 5-2002 The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill Chris Daly Follow this and additional works at: http://opensiuc.lib.siu.edu/uhp_theses Recommended Citation Daly, Chris, "The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill" (2002). Honors Theses. Paper 131. This Dissertation/Thesis is brought to you for free and open access by the University Honors Program at OpenSIUC. It has been accepted for inclusion in Honors Theses by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. r The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill Chris Daly May 8, 2002 r ABSTRACT The following study exanunes three works of John Stuart Mill, On Liberty, Utilitarianism, and Three Essays on Religion, and their subsequent effects on liberalism. Comparing the notion on individual freedom espoused in On Liberty to the notion of the social welfare in Utilitarianism, this analysis posits that it is impossible for a political philosophy to have two ultimate ends. Thus, Mill's liberalism is inherently flawed. As this philosophy was the foundation of Mill's progressive vision for humanity that he discusses in his Three Essays on Religion, this vision becomes paradoxical as well. Contending that the neo-liberalist global economic order is the contemporary parallel for Mill's religion of humanity, this work further demonstrates how these philosophical flaws have spread to infect the core of globalization in the 21 st century as well as their implications for future international relations. -
How Far Is Vienna from Chicago? an Essay on the Methodology of Two Schools of Dogmatic Liberalism
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Paqué, Karl-Heinz Working Paper — Digitized Version How far is Vienna from Chicago? An essay on the methodology of two schools of dogmatic liberalism Kiel Working Paper, No. 209 Provided in Cooperation with: Kiel Institute for the World Economy (IfW) Suggested Citation: Paqué, Karl-Heinz (1984) : How far is Vienna from Chicago? An essay on the methodology of two schools of dogmatic liberalism, Kiel Working Paper, No. 209, Kiel Institute of World Economics (IfW), Kiel This Version is available at: http://hdl.handle.net/10419/46781 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu Kieler Arbeitspapiere Kiel Working Papers Working Paper No. -
Mere Libertarianism: Blending Hayek and Rothbard
Mere Libertarianism: Blending Hayek and Rothbard Daniel B. Klein Santa Clara University The continued progress of a social movement may depend on the movement’s being recognized as a movement. Being able to provide a clear, versatile, and durable definition of the movement or philosophy, quite apart from its justifications, may help to get it space and sympathy in public discourse. 1 Some of the most basic furniture of modern libertarianism comes from the great figures Friedrich Hayek and Murray Rothbard. Like their mentor Ludwig von Mises, Hayek and Rothbard favored sweeping reductions in the size and intrusiveness of government; both favored legal rules based principally on private property, consent, and contract. In view of the huge range of opinions about desirable reform, Hayek and Rothbard must be regarded as ideological siblings. Yet Hayek and Rothbard each developed his own ideas about liberty and his own vision for a libertarian movement. In as much as there are incompatibilities between Hayek and Rothbard, those seeking resolution must choose between them, search for a viable blending, or look to other alternatives. A blending appears to be both viable and desirable. In fact, libertarian thought and policy analysis in the United States appears to be inclined toward a blending of Hayek and Rothbard. At the center of any libertarianism are ideas about liberty. Differences between libertarianisms usually come down to differences between definitions of liberty or between claims made for liberty. Here, in exploring these matters, I work closely with the writings of Hayek and Rothbard. I realize that many excellent libertarian philosophers have weighed in on these matters and already said many of the things I say here. -
The Restless Liberalism of Alexis De Tocqueville
FILOZOFIA ___________________________________________________________________________Roč. 72, 2017, č. 9 THE RESTLESS LIBERALISM OF ALEXIS DE TOCQUEVILLE JAKUB TLOLKA, London School of Economics and Political Science, London, UK TLOLKA, J.: The Restless Liberalism of Alexis de Tocqueville FILOZOFIA, 72, No. 9, 2017, pp. 736-747 This essay attempts to contextualise the purported novelty of Alexis de Tocqueville’s particular brand of liberalism. It regards the author not as an heir or precursor to any given political tradition, but rather as a compelled syncretist whose primary philosophical concern was the moral significance of the democratic age. It suggests that Tocqueville devised his ‘new political science’ with a keen view to the existential implications of modernity. In order to support that suggestion, the essay explores the genealogy of Tocqueville’s moral and political thought and draws a relation between his analysis of democracy and his personal experience of modernity. Keywords: A. de Tocqueville – Modernity – Liberalism – Inquiétude – Religion Introduction. Relatively few authors in the history of political thought have produced an intellectual legacy of such overarching resonance as Alexis de Tocqueville. Even fewer, perhaps, have so persistently eluded ordinary analytical and exegetical frameworks, presenting to each astute observer a face so nuanced as to preclude serious interpretive consensus. As writes Lakoff (Lakoff 1998), ‘disagreement over textual interpretation in the study of political thought is not uncommon’. However, ‘it usually arises around those who left writings of a patently divergent character’ (p. 437). When we thus consider the ‘extraordinarily coherent and consistent nature’ of Alexis de Tocqueville’s political philosophy, it appears somewhat odd that the academic consensus surrounding that author relates almost exclusively to the grandeur of his intellectual achievement (Lukacs 1959, 6).