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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse 2016 University of Pennsylvania Law School

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the neuroscientific ...


Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy 2016 NYU School of Law

Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy

New York University Law and Economics Working Papers

In the Conclusion to Capital in the Twenty-First Century Thomas Piketty issues a call for a political and historical economics. Like Marx and the political economists before him, Piketty is interested in how markets work because he is interested in the rights and wrongs of institutional, especially legal, design. His is book is guided by a clear sense that economic inequality, especially inequality of wealth, raises serious prima facie problems of social justice. This essay is a critical investigation into the political morality underlying Capital in the Twenty-First Century that unravels and evaluates the different ways in which economic inequality ...


The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro 2016 NYU School of Law

The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro

New York University Law and Economics Working Papers

The last thirty years have witnessed rising income and wealth concentration among the top 0.1 percent of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism – which, in other settings, often offers significant analytic payoffs – here proves to have serious drawbacks. This paper addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality ...


Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy 2016 NYU School of Law

Why Does Inequality Matter? Reflections On The Political Morality Of Piketty's Capital In The Twenty-First Century, Liam B. Murphy

New York University Public Law and Legal Theory Working Papers

In the Conclusion to Capital in the Twenty-First Century Thomas Piketty issues a call for a political and historical economics. Like Marx and the political economists before him, Piketty is interested in how markets work because he is interested in the rights and wrongs of institutional, especially legal, design. His is book is guided by a clear sense that economic inequality, especially inequality of wealth, raises serious prima facie problems of social justice. This essay is a critical investigation into the political morality underlying Capital in the Twenty-First Century that unravels and evaluates the different ways in which economic inequality ...


The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro 2016 NYU School of Law

The Mapmaker's Dilemma In Evaluating High-End Inequality, Daniel Shaviro

New York University Public Law and Legal Theory Working Papers

The last thirty years have witnessed rising income and wealth concentration among the top 0.1 percent of the population, leading to intense political debate regarding how, if at all, policymakers should respond. Often, this debate emphasizes the tools of public economics, and in particular optimal income taxation. However, while these tools can help us in evaluating the issues raised by high-end inequality, their extreme reductionism – which, in other settings, often offers significant analytic payoffs – here proves to have serious drawbacks. This paper addresses what we do and don’t learn from the optimal income tax literature regarding high-end inequality ...


Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey 2016 University of Zambia

Operational Autonomy And Public Accountability In Statutory Corporations: A Case Study Of Ghana’S Development Experience And A Blueprint For Reform, E. A. Botchwey

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks 2016 International Labor Organization

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Law and Economics Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


States Vs. Fda, Catherine M. Sharkey 2016 NYU School of Law

States Vs. Fda, Catherine M. Sharkey

New York University Public Law and Legal Theory Working Papers

In the United States, food and drug safety is regulated in two ways: a stringent ex ante, national regime led by the Food and Drug Administration (“FDA”) and a robust ex post system of state-law enforcement. This federalist structure, operating on dual regulatory levels, sets the stage for synergy and for conflict.

Two recent high-profile preemption lawsuits showcase a novel dimension of the dual regulatory structure: the role of states as competing and/or complementary actors vis-à-vis the FDA in regulating food and drug safety. In Zogenix, Inc. v. Patrick, a federal district court enjoined the Massachusetts government from enacting ...


The Teaching Of International Law, Myres S. McDougal 2016 Yale Law School

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Richard A. Falk 2016 Princeton University

The Place Of Policy In International Law, Richard A. Falk

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, D. H. N. Johnson 2016 University of Georgia School of Law

The Place Of Policy In International Law, D. H. N. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter 2016 United Nations Institute for Training and Research

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


Law And The Sciences Of The Brain/Mind, Stephen J. Morse 2016 University of Pennsylvania Law School

Law And The Sciences Of The Brain/Mind, Stephen J. Morse

Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not ...


The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald 2016 University of Canterbury

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.


Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff 2016 Georgetown University Law Center

Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff

Fordham Urban Law Journal

No abstract provided.


The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-McLaughlin 2016 Touro College Jacob D. Fuchsberg Law Center

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.


Police Misconduct - A Plaintiff's Point Of View, Fred Brewington 2016 Touro College Jacob D. Fuchsberg Law Center

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.


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