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Full-Text Articles in Law
Hayekian Statutory Interpretation: A Response To Professor Bhatia, John Ehrett
Hayekian Statutory Interpretation: A Response To Professor Bhatia, John Ehrett
John Ehrett
In this Essay, I challenge Professor Gautam Bhatia’s recent claim that a Hayekian worldview offers the most rational framing of the philosophical vision underlying Justice Scalia’s jurisprudence. I argue that Hayek’s conception of law, more properly understood, emphasizes the context of social interaction patterns, rather than focusing exclusively on individual autonomous agents. I subsequently trace the resulting implications for interpretive methodology that flow from this distinction, and ultimately address the discontinuities between the normative visions of liberty espoused by Hayek and Scalia.
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Public Actors In Private Markets: Toward A Developmental Finance State, Robert Hockett, Saule Omarova
Saule T. Omarova
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of …
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
Reflections On The Past, Looking To The Future: The Fair Housing Act At 40, John A. Powell
john a. powell
A summary is presented of the Fair Housing Act that was introduced in the U.S. 40 years ago to address the housing challenges.