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Articles 1 - 17 of 17
Full-Text Articles in Law
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Catholic University Law Review
Real property is a finite resource. As a result, two theories of land use most frequently in tension are economic development and individual land ownership. In tracing key places in American history where these two theories conflict, it is seen that economic development is often prioritized over individual land ownership. This Comment analyzes the connections between the Founding Era philosophy on property law, Native American land takings, and eminent domain takings and proposes a new definition of the highest and best use valuation standard, one that accounts for both economic development and individual land ownership. This new standard allows both …
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Witness For The Self: Miranda V. Arizona’S Political Theology, Graham James Mcaleer
Touro Law Review
No abstract provided.
Infusing The Meaning Of “Cruel And Unusual” Through The Digital Public Sphere: How The Internet Can Change The Debate On The Morality Of Capital Punishment, Adam A. Marshall
Infusing The Meaning Of “Cruel And Unusual” Through The Digital Public Sphere: How The Internet Can Change The Debate On The Morality Of Capital Punishment, Adam A. Marshall
Adam A Marshall
In this paper, I suggest new strategies that abolitionists should adopt in the debate over the morality of the death penalty. As the Eighth Amendment “draw[s] its meaning from the evolving standards of decency that mark the progress of a maturing society”, advocates for abolishing the death penalty should develop strategies based on the moral theories of Adam Smith to leverage the power of the internet and ensure all citizens feel the effects of the death penalty in order to stimulate debate over its morality. By examining these concepts through the case of Troy Davis, we can see how the …
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R.K. Stroud
The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R.K. Stroud
Chicago-Kent Journal of Intellectual Property
Current theories governing trade secrets law incompletely and inadequately protect substantial investment in innovation, rendering them inefficient, reactionary, and largely illusory. Trade secret law exists to fill a gap between other forms of intellectual property and to encourage substantial investment in innovation and to recoup the time and money expended pursuing it, to the long-term benefit of the greater public good. Without strong trade secret protections, the “tragedy of the commons” would lead to the unfair destruction of the fruits of capital and labor and discourage investment in activities calculated to benefit the public, thus hurting our society. I propose …
Copyright Protection For An Exact Digital 3d Model Of A Copyrighted Architectural Work, Justin Kurt Helms
Copyright Protection For An Exact Digital 3d Model Of A Copyrighted Architectural Work, Justin Kurt Helms
Justin Kurt Helms
No abstract provided.
The Moral Significance Of Economic Life, Andrzej Rapaczynski
The Moral Significance Of Economic Life, Andrzej Rapaczynski
Faculty Scholarship
Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …
Macaulay's Penal Code, Adam Smith And The Jurisprudence Of Resentment, Ian D. Leader-Elliott Professor
Macaulay's Penal Code, Adam Smith And The Jurisprudence Of Resentment, Ian D. Leader-Elliott Professor
Ian D Leader-Elliott Professor
ABSTRACT: The ‘offences affecting the human body’ in Chapter 16 of the Indian Penal Code were shaped by Thomas Macaulay’s distinctive vision of the moral principles that should constrain criminal liability for unlawful homicide and lesser offences of causing harm. Though the general structure of Macaulay’s Draft Penal Code owes much to Bentham, the offences affecting the human body display far closer affinity with the jurisprudence of Adam Smith’s Theory of the Moral Sentiments. The offences proposed in the Draft Code were radically different from the corresponding offences against the person in English statutory and common law. Though Macaulay’s provisions …
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Vernon Smith, Thomas Hazlett, David Porter
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Vernon Smith, Thomas Hazlett, David Porter
Vernon L. Smith
In the Federal Communications Commission, Ronald Coase exposed deep foundations via normative argument buttressed by astute historical observation. The government controlled scarce frequencies, issuing sharply limited use rights. Spillovers were said to be otherwise endemic. Coase saw that Government limited conflicts by restricting uses; property owners perform an analogous function via the “price system.” The government solution was inefficient unless the net benefits of the alternative property regime were lower. Coase augured that the price system would outperform. His spectrum auction proposal was mocked by communications policy experts, opposed by industry interests, and ridiculed by policy makers. Hence, it took …
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Richard E. Redding, Thomas W. Hazlett, David Porter
Radio Spectrum And The Disruptive Clarity Of Ronald Coase, Richard E. Redding, Thomas W. Hazlett, David Porter
Richard E. Redding
In the Federal Communications Commission, Ronald Coase exposed deep foundations via normative argument buttressed by astute historical observation. The government controlled scarce frequencies, issuing sharply limited use rights. Spillovers were said to be otherwise endemic. Coase saw that Government limited conflicts by restricting uses; property owners perform an analogous function via the “price system.” The government solution was inefficient unless the net benefits of the alternative property regime were lower. Coase augured that the price system would outperform. His spectrum auction proposal was mocked by communications policy experts, opposed by industry interests, and ridiculed by policy makers. Hence, it took …
Adam Smith's Historical Jurisprudence And The "Method Of The Civilians", Ernest Metzger
Adam Smith's Historical Jurisprudence And The "Method Of The Civilians", Ernest Metzger
Ernest Metzger
Smith lectured in jurisprudence at the University of Glasgow from 1751 to 1764, and various records of these lectures survive. Since Smith never completed a treatise on law, these records are the principal source for his theory of lawmaking. In his final year at Glasgow, Smith undertook to reorganize the course of lectures: he began with a series of lectures on "forms of government," where formerly these lectures had fallen at the very end. He explained that his reorganized lectures followed the method of the civilians (i.e., contemporary writers on Roman law), and that this method was to be preferred. …
U.S. Convergence With International Competition Norms: Antitrust Law And Public Restraints On Competition, William E. Kovacic, James C. Cooper
U.S. Convergence With International Competition Norms: Antitrust Law And Public Restraints On Competition, William E. Kovacic, James C. Cooper
GW Law Faculty Publications & Other Works
In this Article we focus upon an area in which greater convergence of U.S. policy with the practice of many foreign countries is long overdue: the treatment of public policies that suppress competition. Whereas the European Union (“EU”) and numerous other jurisdictions have taken strong measures to limit restraints imposed by national government authorities and political subdivisions, U.S. antitrust policy in many ways is more tolerant of public restraints upon business rivalry. Since the early twentieth century, Supreme Court doctrines have evolved to grant states and the federal government broad rights to enact laws that restrain competition. Further, individual groups …
Adam, Martin And John: Iconography, Infrastructure, And America's Pathological Inconsistency About Medical Insurance, Jeffrey W. Stempel
Adam, Martin And John: Iconography, Infrastructure, And America's Pathological Inconsistency About Medical Insurance, Jeffrey W. Stempel
Scholarly Works
Following the ongoing health care and insurance debate, which has once again moved toward center stage in American politics, one might understandably get the impression that the most important names in the area are politicians such as Hillary Clinton, Barack Obama, John Edwards, John McCain, or Mitt Romney. Similarly, public intellectuals and pundits such as David Broder, David Brooks, Paul Krugman (or at least the New York Times and Wall Street Journal editorial pages) come to mind. Alternatively, health care scholars such as the instant Symposium participants or other health policy scholars such as Uwe Reinhardt, Troyen Brennan or Theodore …
Socio-Economics - An Overview, Robert Ashford
Socio-Economics - An Overview, Robert Ashford
College of Law - Faculty Scholarship
Socio-Economics is a multi-disciplinary, holistic approach to economics that has gained growing acceptance in legal education and that is helpful in advocating economics justice. Socio-economics approaches economic understanding much as Adam Smith did (before there were separate disciplines) with a foundation based on natural and moral philosophy. Nevertheless, it explicitly acknowledges the powerful and pervasive influence of the neoclassical paradigm on contemporary thought. Recognizing that people first adopt paradigms of thought and then perform their inductive, deductive, and empirical analyses, socio-economists seek to examine the assumptions of the neoclassical paradigm, develop a rigorous understanding of its limitations, improve upon its …
Classical Republicanism And The American Revolution, Gordon S. Wood
Classical Republicanism And The American Revolution, Gordon S. Wood
Chicago-Kent Law Review
In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.
Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis
Allocating Risks And Suffering: Some Hidden Traps, John M. Finnis
Journal Articles
The economic analysis of which Adam Smith is a principal founder is helpful in practical reasoning about problems of justice precisely insofar as it systematically calls attention to the side-effects of individual choices and actions and behavior. Still, it would be a mistake to conclude that we need only a more adequate account of the benefits and burdens up for distribution or allocation by those responsible for the common good or general fate. We need also to bear in mind what Smith did not forget and what economics does not comprehend, the requirements of commutative justice. To see this, we …
The Defense Establishment And The Domestic Economy, Adam Yarmolinsky
The Defense Establishment And The Domestic Economy, Adam Yarmolinsky
Vanderbilt Law Review
The first edition of Adam Smith's Wealth of Nations was published on the 9th of March, 1776, within four months of the signing of the Declaration of Independence. It was one of those rare occasions when history permits something to happen on a convenient date. For the principles of economics which Adam Smith expounded are an essential element in the structure and growth of American social thought, along with the principles of the Declaration of Independence itself. Their importance and relevance should not be obscured by the irrelevancies of economic fundamentalists, any more than their relevancies of constitutional fundamentalists can …
The House Of Adam Smith, E. H. Vickers