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Finding The Constitutional Right To Education In San Antonio School District V. Rodriguez, John H. Ryskamp
Finding The Constitutional Right To Education In San Antonio School District V. Rodriguez, John H. Ryskamp
ExpressO
In Lawrence v. Texas, the Supreme Court abolished the scrutiny regime because it impermissibly interfered with an important fact, liberty. And yet, even in earlier cases which ostensibly upheld the scrutiny regime, it is difficult to see that the Court ever did so to the detriment of facts it considered important. In short, the Court often (always?) found itself raising the level of scrutiny for a fact in the same case it upheld the regime, leaving us to wonder if the scrutiny regime ever actually had any effect at all, or even whether the Court felt it was relevant. As …
Senseless Kindness: The Politics Of Cost Benefit Analysis, Louis E. Wolcher
Senseless Kindness: The Politics Of Cost Benefit Analysis, Louis E. Wolcher
ExpressO
This essay identifies a social phenomenon that the Russian-Jewish novelist and war correspondent Vasily Grossman calls "senseless kindness." Emerging without prior warning from certain face-to-face encounters between human beings, the striking reversal of preferences that characterizes this phenomenon can be used to cast a critical light on the practices of Cost Benefit Analysis ("CBA"). Not only does senseless kindness highlight the troubling theoretical problem of determining the "correct" ex ante—the point in time at which CBA measures people's preferences—it also points towards the possibility of a more general critique of CBA's indifference to how preferences are formed and expressed. The …