Social and Behavioral Sciences Commons^™

Defending A Mixed Economy, Herbert J. Hovenkamp

All Faculty Scholarship

This essay reviews Jacob S. Hacker's and Paul Pierson's very engaging book, American Amnesia: How the War on Government Led Us to Forget what Made America Prosper (2016).

Attempting An Affirmative Approach To American Broadcasting: Ideology, Politics, And The Public Telecommunications Facilities Program, Michael W. Huntsberger

Faculty Publications

The Public Telecommunications Facilities Program (PTFP) was the largest source of capital funding for U.S. public broadcasters for nearly fifty years. Between 1963 and 2010, the PTFP distributed more than $800 million to support the construction of public broadcasting facilities. Though the PTFP itself was generally noncontroversial, the fortunes of the program were complicated by the partisan politics of public broadcasting and federal fiscal policy. This study provides evidence of the ambiguous and contingent nature of the American approach to public broadcasting, and demonstrates some of the problems associated with affirmative efforts by government to advance public communication.

How Foreign Firms Transformed Ireland’S Domestic Economy, Paul Donnelly

Articles

Today, Ireland is host to 1,033 multinational corporations. They directly employ 152,785 and account for 70 per cent or €122.5bn of exports. It’s a story that has its roots in the 1940s.

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

Regulating And Deregulating The Public Utilities 1830–2010, Judith Clifton Dr.

Judith Clifton

History can provide invaluable insights into important issues of the economic and social regulation of utilities, and offer lessons towards future debates. But the history of utility regulation – which speaks of changing, diverse and complex experiences around the world – was, unfortunately, sidelined or marginalised when economists and policymakers enthusiastically embraced the question of how to reform the utilities from the 1970s. This paper provides an overview of the three, overarching, `waves' of utility regulation from the nineteenth century to the present, documenting how, when and why the ways in which the roles of the state, the market and …

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

The Industrial Evolution Of The United States, Howard Dexter Smith

Student and Lippitt Prize essays

A thesis which describes the evolution of industry in the United States, chronicling from 1789 to the following one hundred years.