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Against Martdom: A Liberal Argument For Accomodation Of Religion Symposium: Religious Liberty And The Free Society: Celebrating The 50th Anniversary Of Dignitatis Humanae, Paul Horwitz

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No abstract provided.

Beyond Max Weber: The Need For A Democratic (Not Aristocratic) Theory Of The Modern State, William J. Novak

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We cannot wish (or think) away the modern state any more than the postwar generation could wish away atomic power. And we cannot ignore the state in our efforts to come to terms with modern economy and society any more than we can ignore equally difficult concepts like modern capitalism or modern law. Attempts to try to reckon with modernity in lieu of hard thinking about such abstract concepts will probably end up deploying some overdetermined and cartoonish causation of a mainly biographical or interest-group sort. Or, like libertarianism, neoliberalism, or other popular anti-statist credos, they will leave us with …

Beyond Stateless Democracy, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something …

Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield

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It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …

Can Americans Resist Surveillance?, Ryan Calo

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This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement.

In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …

Leaky Covenants-Not-To-Compete As The Legal Infrastructure For Innovation, Robert W. Gomulkiewicz

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The flow of information that naturally occurs when employees change firms plays a vital role in spurring innovation. Numerous law review articles have explored how covenants-not-to-compete (“non-competes”) can impede this important information flow. In 1999 Professor Ronald Gilson published an influential article concluding that California’s ban on non-competes led to the rise of California’s Silicon Valley and the comparative decline of Massachusetts’ high technology corridor known as Route 128. Despite the scholarly praise for California’s approach, most states enforce non-competes that are reasonable.

That may change, however, because many states are re-evaluating their non-compete laws to avoid Gilson’s cautionary tale …

Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham

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A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …

Culinary Internship And The European Mobility Action Plan Part Two: Towards An Understanding Of The Culinary Life And Internship, Frank Cullen

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In the context of the paper, the role of part two is to provide an overview of culinary life and of the many celebrated chefs who travelled to gain culinary experience before Erasmus funding was available for internship. I also use this paper to provide a synopsis of kitchen systems and present a review of studies related to internship. I attempt to provide some insight into internship and culinary practice in order to augment the understanding of culinary internship. This paper commences with a short review of Georges Auguste Escoffier, one of the most celebrated chefs of all time and …

Culinary Internship And The European Mobility Action Plan: Part One, Frank Cullen

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International mobility for work placement has experienced exponential growth over the past five years with the assistance of European Leonardo da Vinci and Erasmus funding for European internships. The main purpose behind the European Commission funding ventures for internship (experiential learning) is to enhance the students’ cultural awareness, cultivate their language skills and develop their professionalism in their field of study. It is generally accepted that experiential learning in the workplace provides many learning opportunities for students (Billett, 2001:121, Fuller and Unwin, 2003, Guile and Griffiths, 2001, Cullen, 2010a, Cullen, 2010b, Kristensen, 2004). In spite of acceptance that experiential learning …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

Undertaking Action Research In Prison: Developing The Older Prisoner Health And Social Care Assessment And Plan, Kate O'Hara, Elizabeth Walsh, Katrina Forsyth, Jane Senior, Jenny Shaw

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Older prisoners are the fastest growing group in prisons. They have complex health and social care needs and the coordination of their care is suboptimal. An action learning group including health care staff, prison staff and older prisoners was established at one prison in England. The group developed the Older prisoner Health and Social Care Assessment and Plan (OHSCAP) which is a health and social care assessment and care planning process for the better identification and management of older prisoners’ needs. This paper describes and critically analyses the process of action learning in prison to develop and pilot the OHSCAP. …

'Tickling The Palate' Gastronomy In Irish Literature And Culture, Máirtín Mac Con Iomaire, Eamon Maher

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This volume of essays which originated in the inaugural Dublin Gastronomy Symposium held in the Technological University Dublin in June 2012, offers fascinating insights into the significant role played by gastronomy in Irish literature and culture.

The book opens with an exploration of food in literature, covering figures as varied as Maria Edgeworth, James Joyce, Charles Dickens, Enid Blyton, John McGahern, and Sebastian Barry. Other chapters examine culinary practices among the Dublin working classes in the 1950's, offering a stark contrast to the haute cuisine served in the iconic Jammet's Restaurant; new trends among Ireland's 'foodie' generation; and the economic …

Identified By Taste: The Chef As Artist?, Máirtín Mac Con Iomaire

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This article discusses the role of taste among the senses using fictional depictions of taste, including Proust’s madeleine episode; Suskind’s Perfume: the story of a murderer; Esquivel’s Como aqua para chocolate; Harris’s Chocolate and Blixen’s Babette’s feast. The discussion also provides three historical case studies which highlight how an individual chef was identified against the odds by the individualistic taste of his or her cooking.

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

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No abstract provided.

What Next For Social Enterprise In Ireland, Gerard Doyle

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No abstract provided.

We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti

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No abstract provided.

Does The Logic Of Collective Action Explain Federalism Doctrine?, Aziz Huq

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No abstract provided.

The Governance Of Visibility: Bodies, Information, And The Politics Of Anonymity Across The Us-Mexico Borderlands, Robert Latham

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This article explores the relationship between information and mobility as it is manifest at the Mexico-US border and understands that border to be one, although very important, site of information processing and production. Within the electronic as well as the physical spaces of the Mexico-US borderlands, it is argued that practices of evasion and exposure produce specific forms of politics. These forms bear on the militarization of the border, particular bourgeois anxieties, various instances of violence, the pursuit of survival strategies and recognition, and the emergence of resistance and countertactics. Also considered are possibilities for alternatives to the ways mobility …

Avant - Propos, Eamon Maher, Catherine Maignant

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No abstract provided.

Motivations Of Social Entrepreneurs: Blurring The Social Contribution And Profits Dichotomy, Karla Aileen Boluk, Ziene Mottiar

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Research has typically identified social entrepreneurs as characteristically superior to conventional entrepreneurs as they are motivated by making a contribution to society rather than by profits. Yet, few published papers investigate the motives of social entrepreneurs and explore if there are indeed any additional motivations aside from community interests. The aim of this study is to empirically investigate the additional motives, aside from the social interests that motivate social entrepreneurs. This paper does so by using an inductive approach and specifically carrying out a re-examination of two pieces of research examining social entrepreneurship that were carried out independently by the …

Creating A Culture Of Compliance: Why Departmentalization May Not Be The Answer, Michele M. Destefano

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Over the past few decades, as corporate criminal liability rules, sentencing guidelines, and settlement incentives have changed, therehas been increased emphasis on and resources devoted to thecompliance function at large publicly held companies. In this article, Professor DeStefano traces the development of the compliance function at large corporations and questions the recent mandate by certain governmental entities that malfeasant corporations designate a chief compliance officer and separate the compliance gatekeeping function from the legal department so that this chief compliance officer does not report to the general counsel. She categorizes the types of arguments made for and against departmentalization and …

Downsides Of Social Capital, Alejandro Portes

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No abstract provided.

An Exploration Of "Non-Economic" Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar

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Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …

Formalism And Employer Liability Under Title Vii, Samuel R. Bagenstos

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Most lawyers, law professors, and judges are familiar with two standard critiques of formalism in legal reasoning. One is the unacknowledged-policymaking critique. This critique argues that formalist reasoning purports to be above judicial policymaking but instead simply hides the policy decisions offstage. The other is the false-determinacy critique. This critique observes that formalist reasoning purports to reduce decision costs in the run of cases by sorting cases into defined categories, but argues that instead of going away the difficult questions of application migrate to the choice of the category in which to place a particular case.

Foreword: Compensated Surrogacy In The Age Of Windsor, Kellye Y. Testy

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No abstract provided.

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

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A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …

Through A Glass, Darkly: The Rhetoric And Reality Of Campaign Finance Disclosure, Jennifer A. Heerwig, Katherine Shaw

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In Citizens United v. FEC, the Supreme Court swept away long-standing limits on corporate spending in federal elections, but it also strongly affirmed the constitutionality of robust disclosure and disclaimer requirements. In the wake of that decision, many proponents of campaign finance regulation have turned their attention to disclosure as the best remaining mechanism by which to regulate money in elections. At the same time, opponents of campaign finance regulation — including the legal team behind Citizens United — have trained their sights on disclosure, filing new challenges to existing disclosure require- ments in a number of state or federal …

Legal Mirrors Of Entrepreneurship, Mirit Eyal-Cohen

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Small businesses are regarded the engine of the economy But just what is a small business Depending on where one looks in the law the definitions vary and they differ from one section to another Unfortunately what these various size classifications fail to assess are the policy considerations and the legislative intent for granting regulatory preferences to small concerns to begin with In the last century the US government has been cultivating one such policy of fiscal and economic growth Consequently Congress and private institutions have been acting to incentivize support and reward entrepreneurship through the law in order to …

Reading John Noonan, Jospeh Vining

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John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

Corporate Taxation And Corporate Social Responsibility, Reuven S. Avi-Yonah

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This Article will address the question of whether publicly traded U.S. corporations owe a duty to their shareholders to minimize their corporate tax burden through any legal means, or if instead, strategic behaviors like aggressive tax-motivated transactions are inconsistent with corporate social responsibility (“CSR”). I believe the latter holds true, regardless of one’s view of the corporation. Under the “artificial entity” view, such behavior undermines the constitutive relationship between the corporation and the state. Under the “real view,” such behavior runs contrary to the normal obligation of citizens to comply with the law (even absent effective enforcement). And under the …