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Freedom From Libertarianism, Joseph Fishkin

The Journal of Contemporary Legal Issues

Andrew Koppelman’s new book Burning Down the House is a guide to some of the late stages of the libertarian collapse. It’s a book whose many virtues include its clear and simple prose style. As a result of that style, and its generally straightforward exposition, I think this book will be of real use to many people, perhaps especially to free-thinking former libertarians who are engaged in a project of self-deprogramming. The book makes a nice holiday gift to the former libertarian or wavering libertarian in your life who would like to learn more about the arc of how it …

Notes From A Serf, Rachel Lu

The Journal of Contemporary Legal Issues

F. A. Hayek would have hated Obamacare. This must be distinctly understood, or nothing wonderful can come of the argument I am going to relate.

Fusionism, Not Libertarianism, Burned Down The House, Kevin Vallier

The Journal of Contemporary Legal Issues

In Burning Down the House, Andrew Koppelman has two goals: one philosophical and one sociological. The philosophical goal is to separate the wheat from the chaff in libertarian thought. Koppelman embraces the merits of F. A. Hayek’s arguments for markets. But he stridently rejects the radical libertarianism of Murray Rothbard, Robert Nozick, and Ayn Rand. The radicals are out, and the moderates are in. Hayek must increase, and Rothbard must decrease.

The sociological thesis is that radical libertarian ideology significantly influences the modern GOP and American conservatism. Koppelman sees the pathologies of the contemporary right as drawing from the …

Burning Questions: A Response To Fishkin, Long, Lu, Mack, And Vallier, Andrew Koppelman

The Journal of Contemporary Legal Issues

I’m indebted to Larry Alexander and Steve Smith for organizing this conference, and to Joseph Fishkin, Roderick Long, Rachel Lu, Eric Mack, and Kevin Vallier for their thoughtful responses to my book, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed. When San Diego organized this conference, I gave them the names of the people whom I was most eager to engage with, scholars I admire despite some deep disagreements. They have forced me to sharpen my own views. I am very lucky.

Response To Six Interlocuters On The Topic Of Neuroscience And Responsibility, Michael S. Moore

The Journal of Contemporary Legal Issues

I am very pleased to be afforded the opportunity to respond to the edited and revised versions of the six papers that were discussed at the Rutgers Symposium in honor of my recent book. Each of these six papers raise excellent points that can serve as the springboard for deeper exploration of some of the salient issues raised in my book, and it is my aim in this response to take advantage of that opportunity. I am quite appreciative for the spur to intellectual progress that these papers and this symposium represents. By-and-large scholarship is a solitary enterprise but occasions …

Hermeneutic Theory And The Priority Of Constitutional Meaning, Tyler S. Moore

The Journal of Contemporary Legal Issues

Can the understanding of a law be separated from its application? Despite the increasing convergence between schools of constitutional interpretation in the United States, this question remains central. One the one side are so-called “new originalists” for whom the distinction between understanding and application (or “interpretation” and “construction” as they call it) is necessary to separate a more objective step in the interpretive process from a more subjective one. On the other are “living constitutionalists,” many of whom suggest that defining a neat boundary between these two stages is impossible. When judges decide cases, they do not (and perhaps cannot) …

The Fundamental Right To Polygynous Marriage, Ronald C. Den Otter

The Journal of Contemporary Legal Issues

This Article is about why the argument in favor of a constitutional right to polygynous marriage, predicated on the importance of personal autonomy, is considerably stronger than the sex equality arguments against it. For the most part, legal scholars have arrived late on the scene, not treating the topic with the kind of care that it deserves. Instead of relying upon equal protection analysis, I shall engage in a fundamental rights critique of opposition to polygynous marriage. In doing so, I will discuss two considerations that remain central to such analysis: the value of autonomy (understood as personal choice in …

Disguising Emotional Distress Damages: Why Permitting Recovery Of “Reasonable And Necessary” Veterinarian Expenses Creates Inconsistency In Virginia, Ethan Payne

Liberty University Law Review

Humans crave companionship. This companionship comes first from a relationship with God and second from an inferior yet ordained relationship with other humans. But what about the creatures not made in God’s image? What about the previously wild creatures we bring into our homes as pets? Many cherish these animals with a love akin to family, especially dogs and cats. But is this the proper pedestal for pets?

This is an ongoing struggle humans have debated since as far back as dogs and cats have been domesticated. As time progressed, select cultures of various geographical backgrounds have subjugated animals, using …

The Necessity Of Better Rape-Related Protections For Victims Of Rape-Related Pregnancy, Joanna Harrison

Liberty University Law Review

A pregnancy that results from a rape is referred to as a rape-related pregnancy (RRP). One of the primary issues surrounding RRP is that, unless terminated by a state family court, the rapist maintains the same parental rights over the child conceived through the rape as any parent would have over their child. Allowing a rapist to keep any level of parental rights is extremely problematic. It forces the rape victim to interact regularly with the rapist, exposes the conceived child to the dangers of a rapist parent, and creates an opportunity for the rapist to weaponize those rights in …

A Delicate Balance: Securing Constitutional Rights Against The Nation’S Most Valuable National Security Tool, Mikayla A. Burton

Liberty University Law Review

Imagine a United States without the Fourth Amendment. The People have no protection against warrantless searches of their homes, belongings, or communications, and the government may invade the privacy of whomever or whatever at its pleasure. This is the exact situation the Founding Fathers designed the Fourth Amendment to protect against. Imagine instead a United States with the Fourth Amendment. The People have protection against warrantless searches of their homes, belongings, and communications, and the government may not invade the privacy of whomever or whatever at its pleasure. But then imagine that these protections are disrupted—jeopardized. Congress passes an act …

Lost Fatherhood: Including Fathers In The Post-Dobbs Abortion Debate, Linda L. Schlueter

Liberty University Law Review

Scientific studies over the last five decades show the negative impact an abortion can have on the men who fathered the aborted children. These studies demonstrate that those men—even if they supported the woman’s decision to have an abortion—can experience a variety of psychological problems including depression, anger, hopelessness, helplessness, broken or damaged relationships, feelings of emasculation, and loneliness. Despite these compelling studies, little or no real attention is given to involving men in the legal debate regarding abortion. The abortion debate presents a legal Rubik’s Cube of thorny issues that can affect the mother, the father, and the unborn …

United States V. Skrmetti: The Supreme Court’S Opportunity To Protect Minors By Choosing Biological Reality Over Gender Ideology, Rena M. Lindevaldsen

Liberty University Law Review

“Did God really say?” That’s the question the serpent asked Eve in the garden, as she was tempted to turn from the Truth that God had told her about the consequences of eating the fruit from the one specific tree. She and Adam learned that God really did mean what He said. By rejecting God’s wisdom and instruction, they caused sin to enter the world. The same question forms the foundation of the transgender rights movement: did God, who created mankind in His image, really say that He created them male and female? In today’s culture, when a gender-confused child …

Flowing Cleanly: The Proper Roles Of The Courts And The Ftc In The Information Marketplace Of Advertising, Kateri J. Son

Journal of the National Association of Administrative Law Judiciary

After an introduction in Section I, Section II of this article will present the history of the commercial speech doctrine, illustrating the rules courts use to evaluate whether the FTC’s actions were constitutional. Section III will explain how the FTC combats deception and will describe the choice of remedies the FTC has available. Section IV will present and evaluate three potential solutions to the conflict between the courts and the FTC on First Amendment issues that courts have implemented. Finally, Section V argues that conflict between the two entities is inevitable, and therefore the middle approach is the best solution …

Cover, Table Of Contents & Masthead, Kateri J. Son

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Facial Recognition Technology: The Case For Comprehensive Federal Oversight, Christopher Hart

Journal of the National Association of Administrative Law Judiciary

This article will argue that regulations for government agency use of FRT should be stringent and limit the exploitation of personal biodata in the private sector. Instead of creating a new agency, Congress could expand an existing agency’s responsibility by granting it regulatory power over facial recognition technology. First, this article will seek to delineate the contours of facial recognition technology and its contemporary application within the United States. Then, this article will analyze the intricacies of FRT in both the public and private sectors. Within the public domain, specific attention will be devoted to discussing the use of FRT …

Foia And The Use Of Ai In Government: Freedom Of Information Or An Empty Promise Of Openness?, Ronald L. Capaldi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Legal Summaries Of Administrative Law Cases, Kimberly M. Papadantonakis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Folder 11, Law School Statistics, 1911-1916, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 12, Lectures, 1910, 1916, 1919, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 13, Library, 1919, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 14, Petigru College Inventory, 1919-1920, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 15, Professors--Faculty, 1915, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 16, Professors' Reports And Dean's Reports, 1910-1915, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 17, Professors' Reports And Dean's Reports, 1916-1920, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 18, Requests For Law Texts, 1912, 1913, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 19, Student Petition, 1912, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 20, University By-Laws, 1902-1911, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Dean John Peyre Thomas, Jr. Files - 1910-1920 Guide, John Peyre Thomas Jr

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 1, General Correspondence, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.

Folder 2, Law School Building, 1912, 1917, John Peyre Thomas Jr.

Thomas, John Peyre Jr. (1910-1920)

No abstract provided.