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Articles 1 - 5 of 5
Full-Text Articles in Law
The Era Of Libertarian Repression - 1948 To 1973: From Congressman To President, With Substantial Support From The Liberal Establishment, Frank Wilkerson
The Era Of Libertarian Repression - 1948 To 1973: From Congressman To President, With Substantial Support From The Liberal Establishment, Frank Wilkerson
Akron Law Review
Such is not the case today. Crime, the modern fear, whether street or organized, is real and is increasing. Year after year, according to the understatements available on the problem from the FBI's Uniform Crime Reports, crime has increased-both in actual number committed and in proportion to the population growth. The political manipulation of the public's well-founded fear of crime in the present era has take rhetorical form in the political appeals for law and order during the 1968, 1970, and 1972 national campaigns, resulting in overwhelming and bi-partisan Congressional approval of ill-conceived and patently repressive laws in 1968 and …
Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega
Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega
Politics Honors Papers
For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …
Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger
Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger
All Faculty Scholarship
Widening wealth gaps in Western democracies have brought new scrutiny to relationships between property and political community. For the prior quarter century, Western legal scholars have urged privatization around the globe as the key to a virtuous circle of "market democracy." This Article traces origins of the market democracy consensus to ideas that identify positive features of political community -- liberty, wealth, or democracy -- with private property ownership. Fieldwork in Ukraine, where Western privatization advice was followed at a time of founding a new polity, provides data to compare predictions with outcomes. Two unexpected figures -- the Oligarch and …
Three Things: A Tribute To Judge Morris Sheppard Arnold, Nicole Stelle Garnett
Three Things: A Tribute To Judge Morris Sheppard Arnold, Nicole Stelle Garnett
Journal Articles
On February 20, 2015, the Arkansas Bar Association hosted a tribute to Judge Morris Sheppard Arnold (8th Cir., retired). I had the privilege of clerking for Judge Arnold in 1995-96 and the great honor of being asked to speak about the Judge at the event. Greenbag graciously agreed to publish my remarks.
The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett
The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …