Philosophy of Law: The Supreme Court’s Need for Libertarian Law

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Springer Verlag (2019)
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Abstract

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

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9783030283599   9783030283605   3030283623   3030283593   3030283615

DOI

10.1007/978-3-030-28360-5
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Chapters

The IRS Joins the Boardroom

There should be no place for the Internal Revenue Service , or, indeed, any other agency of government in the nation’s boardrooms. This constitutes an intrusion, even, a trespass of authority. Certainly, this should not occur unless and until there is evidence of a crime taking place. Otherwise, the... see more

Resolving the Abortion Controversy

In this article, we advocate a liberty and private property rights approach to the issue of abortion. While some contend that the famous cases of Roe v. Wade and Planned Parenthood v. Casey settles for evermore the question of whether a woman had a legal right to an abortion, a great deal of controv... see more

Taking the Assets of the Criminal to Compensate Victims of Violence

Over 30 years ago, New York was terrorized by a serial killer, David Berkowitz, immortalized by the media as the “Son of Sam.” By the time Berkowitz was apprehended, publicity about the case had created an enormous monetary value in the rights to his criminal story. New York’s appalled legislature s... see more

America’s Failing Drug Control Laws

We abhor the use of addictive drugs. We believe that they are personally and professionally destructive. We publish these views of ours in opposition to the use of such substances at the commencement of this article to preclude the often encountered criticism that persons who oppose drug forfeiture ... see more

Human Organ Transplantation: Economic and Legal Issues

Imagine that a member of your family faced sure death unless a body part could be found and quickly transplanted. Your doctor and the hospital have the know-how to perform the procedure but lack the human raw materials with which to do the job. To what lengths would you be able to go to obtain the b... see more

Environmental Justice Risks in the Petroleum Industry

In practically all of its various forms, petroleum is potentially hazardous to the environment. As a result, virtually every activity engaged in by the petroleum industry can have profound environmental implications. For many years, environmental considerations have played a role in decisions regard... see more

The Unintended Consequences of Environmental Justice

Two recent significant actions, a court of appeals decision and interim permitting guidance issued by the Environmental Protection Agency , have created dangerous waves in the turbulent waters of environmental permitting for plant sites. Unless reversed, they forecast a regulatory nightmare for Amer... see more

The Value of Private Water Rights

As the world’s resources become increasingly scarce with the passage of time and increase in population, different theories emerge as to which avenues of remedy would be most effective. Privatization of the world’s natural resources has been occurring for a millennia. However, as social, political, ... see more

Environmental Takings: The Case for Full Water Privatization

This chapter is divided into two parts: Environmental “Takings” of Private Water Rights and The Case for Water Privatization. In “Takings” we make the following points: Government regulation of private property for a public purpose like protection of species under the Endangered Species Act raises i... see more

Direct Payment of Scholarships to Church-Related Colleges

This article discusses a scholarship program designed for the purpose of enticing Arkansas’s best and brightest students to attend Arkansas public and private institutions of higher education. While perhaps well-intentioned, the program suffers from fatal constitutional infirmities. In section “II. ... see more

Forcing Some to Pay for the Free Speech of Others

Colleges love to compete by freely disclosing to students, and potential students, the costs of tuition and room and board.They are often, however, less inclined to advertise mandatory student fees used to subsidize various academic, infrastructure, and student activities. Fees are typically collect... see more

Sexual Harassment in the Workplace

The authors abhor and detest real sexual harassment because it is personally and professionally destructive. We write that the current mish mash of EEOC regulations, laws, and court cases is itself vague, confusing, unjust, and ought to be repealed. We suggest a libertarian property values approach ... see more

The Boy Scouts’ Right to Discriminate

In James Dale v. Boy Scouts of America, the New Jersey Supreme Court decided that the Scouts could not exclude Mr. Dale from serving as an adult leader because he was gay. Then the U.S. Supreme Court in Boy Scouts of America v. Dale concluded in a 5–4 decision that the scout’s First Amendment ground... see more

Christian Landlords: Sinners Need Not Apply

As practicing Christians, Kevin Thomas and Joyce Baker refuse to rent their residential properties in Anchorage, Alaska, to unmarried couples. Their refusal is based on the belief that facilitating extramarital sex is sinful. This tenet of their Christian faith, however, places them in direct confli... see more

Should the Government be Allowed to Discriminate?

The State of Arkansas has enacted a Distinguished Governor’s Scholarship Program that awards full college scholarships based solely on ACT or SAT scores. The purpose of the program is to keep “the best and brightest students” in Arkansas. As a matter of fact, fewer than 1% of the scholarships have g... see more

Gender Equity in Athletics

For years intercollegiate athletics has offered interested and able students opportunities to experience the lessons of competition, develop physical and leadership skills, be a part of a team, and perhaps most important, enjoy themselves. Good intercollegiate athletics programs require competitive ... see more

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