Not so long ago, several friends joined approximately 40,000 others in DC demanding action on cli... more Not so long ago, several friends joined approximately 40,000 others in DC demanding action on climate change and opposing the Keystone pipeline. They left Illinois committed to breaking the law and getting arrested in front of the White House, as they put it, in the spirit of Dr. King. The law they broke when they got there was an anti-trespass type ordinance. They sat and waited to be ordered to move. They refused. They were arrested, fined and released the same day. Being a lawyer, the son of a New York City police officer, and sometimes an activist I couldn't help but wonder when if ever it was okay to violate a law that is not itself unjust, and what Dr. King actually thought about civil disobedience. The paper begins with a brief argument that democratic law is a moral idea. It then discusses in detail the thoughts and actions of Dr. King as they relate to the law, and to law-breaking as a movement tactic. It also briefly looks at contemporary activist thinking on disruption, violence, and law-breaking as a tactic of social change. "We will March through the South the way Sherman did. We shall pursue our own 'scorched earth' policy and bury racism to the ground-nonviolently. We shall crack the system into a thousand pieces and put them back together in the image of democracy" (words John Lewis was compelled to delete from his Lincoln Memorial speech August 1963, quoted in Branch, 1989, pp. 873-74).
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of... more Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the ‘Wealth of Nations’ and an economic theorist. He is less well known as the author of ‘The Theory of Moral Sentiments’ and an ethicist. And known almost not at all for his ‘Lectures on Jurisprudence’ or as a legal theorist.This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and power. This essay concludes that Smith’s ‘justice’ is deficient and no substitute for the ‘bread nexus’ of the moral economy.
Resigning in protest seems to be in the air these days. Paul Clement, former Solicitor General of... more Resigning in protest seems to be in the air these days. Paul Clement, former Solicitor General of the United States, resigned from his law firm when, in response to criticism from the LGBT community, the firm withdrew as counsel for defenders of DOMA (the Defense of Marriage Act). Wendell Porter, an insurance company executive, resigned and did TV ads supporting a public option in health care reform proposals. Robert McNamara's recent death renewed wonderment about his decision not to resign in protest despite his grave doubts about Vietnam policy. The movie The Informant and the current financial crisis have people talking about whistle-blowers. Apple, PG&E, and others have resigned from the U.S. Chamber of Commerce in protest over differences about climate change policy. And in the book everyone in the White House purportedly has been reading, Lessons in Disaster: McGeorge Bundy and the Path to War in Vietnam, Gordon Goldstein describes Bundy's failed attempt to resign after his advice contributed to the Bay of Pigs fiasco (President Kennedy surprisingly "pulled him closer"). What are we to make of this?
... Madison and the Market Economy: A Review of James Madison and the Future of Limited Governmen... more ... Madison and the Market Economy: A Review of James Madison and the Future of Limited Government Walter J. Kendall III* [A ... Society for Law and Public Policy Studies," the conservative and libertarian lawyers' group that counts Justice Scalia, Judge Bork, Solicitor General ...
The Reduced Enrichment for Research and Test Reactors Program has formed a Production Development... more The Reduced Enrichment for Research and Test Reactors Program has formed a Production Development Team to coordinate fabrication efforts to produce the fuel elements for the qualifying irradiation tests. These fuel elements will be fabricated in production facilities. Fabrication development data will be shared with all participants on the Development Team. The Idaho National Laboratory has been developing a method of cladding using a Hot Isostatic Press. The operating parameters were varied to understand the impact of time, pressure, and temperature on the reaction between the fuel and the cladding. This report details some of the data produced to date.
A leading scholar-historian of just war theory has said all wars, of course, produce noncombatant... more A leading scholar-historian of just war theory has said all wars, of course, produce noncombatant casualties. The of course shocks one into pacifism or realism. Since protecting the innocent from harm has in certain circumstances been considered a causus belli, for the realist there is a paradox, if not a contradiction. Wars to protect innocent people, of course, kill them! This essay reviews the excuses and justifications used to explain away such killing.
Page 1. The Acorn Fall - Winter, 2000 - 2001 36 Pope Paul VI's Aphorism "If You Wan... more Page 1. The Acorn Fall - Winter, 2000 - 2001 36 Pope Paul VI's Aphorism "If You Want Peace Work ... All wars are bad, and al-ternative ways of conflict resolution are possible. Such a view in effect stands Pope Paul's aphorism "If you want peace work for justice" on its head. ...
Page 1. LAW, CHINA AND JOHN DEWEY Walter J. Kendall UV Contents Introduction 103 I.Dewey&#x27... more Page 1. LAW, CHINA AND JOHN DEWEY Walter J. Kendall UV Contents Introduction 103 I.Dewey's Theory of Law 107 II. ... Thanks to Harriet Simon of the Center for Dewey Studies and Sally Drake of the University of Hawaii Library for help in getting started in Dewey's papers. ...
Since the inception of the nation, the legislative and executive branches of government in this c... more Since the inception of the nation, the legislative and executive branches of government in this country have found it necessary to delegate substantial power to administrative agencies in order to solve a wide range of problems.'Throughout this period, the courts ...
Not so long ago, several friends joined approximately 40,000 others in DC demanding action on cli... more Not so long ago, several friends joined approximately 40,000 others in DC demanding action on climate change and opposing the Keystone pipeline. They left Illinois committed to breaking the law and getting arrested in front of the White House, as they put it, in the spirit of Dr. King. The law they broke when they got there was an anti-trespass type ordinance. They sat and waited to be ordered to move. They refused. They were arrested, fined and released the same day. Being a lawyer, the son of a New York City police officer, and sometimes an activist I couldn't help but wonder when if ever it was okay to violate a law that is not itself unjust, and what Dr. King actually thought about civil disobedience. The paper begins with a brief argument that democratic law is a moral idea. It then discusses in detail the thoughts and actions of Dr. King as they relate to the law, and to law-breaking as a movement tactic. It also briefly looks at contemporary activist thinking on disruption, violence, and law-breaking as a tactic of social change. "We will March through the South the way Sherman did. We shall pursue our own 'scorched earth' policy and bury racism to the ground-nonviolently. We shall crack the system into a thousand pieces and put them back together in the image of democracy" (words John Lewis was compelled to delete from his Lincoln Memorial speech August 1963, quoted in Branch, 1989, pp. 873-74).
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of... more Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the ‘Wealth of Nations’ and an economic theorist. He is less well known as the author of ‘The Theory of Moral Sentiments’ and an ethicist. And known almost not at all for his ‘Lectures on Jurisprudence’ or as a legal theorist.This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and power. This essay concludes that Smith’s ‘justice’ is deficient and no substitute for the ‘bread nexus’ of the moral economy.
Resigning in protest seems to be in the air these days. Paul Clement, former Solicitor General of... more Resigning in protest seems to be in the air these days. Paul Clement, former Solicitor General of the United States, resigned from his law firm when, in response to criticism from the LGBT community, the firm withdrew as counsel for defenders of DOMA (the Defense of Marriage Act). Wendell Porter, an insurance company executive, resigned and did TV ads supporting a public option in health care reform proposals. Robert McNamara's recent death renewed wonderment about his decision not to resign in protest despite his grave doubts about Vietnam policy. The movie The Informant and the current financial crisis have people talking about whistle-blowers. Apple, PG&E, and others have resigned from the U.S. Chamber of Commerce in protest over differences about climate change policy. And in the book everyone in the White House purportedly has been reading, Lessons in Disaster: McGeorge Bundy and the Path to War in Vietnam, Gordon Goldstein describes Bundy's failed attempt to resign after his advice contributed to the Bay of Pigs fiasco (President Kennedy surprisingly "pulled him closer"). What are we to make of this?
... Madison and the Market Economy: A Review of James Madison and the Future of Limited Governmen... more ... Madison and the Market Economy: A Review of James Madison and the Future of Limited Government Walter J. Kendall III* [A ... Society for Law and Public Policy Studies," the conservative and libertarian lawyers' group that counts Justice Scalia, Judge Bork, Solicitor General ...
The Reduced Enrichment for Research and Test Reactors Program has formed a Production Development... more The Reduced Enrichment for Research and Test Reactors Program has formed a Production Development Team to coordinate fabrication efforts to produce the fuel elements for the qualifying irradiation tests. These fuel elements will be fabricated in production facilities. Fabrication development data will be shared with all participants on the Development Team. The Idaho National Laboratory has been developing a method of cladding using a Hot Isostatic Press. The operating parameters were varied to understand the impact of time, pressure, and temperature on the reaction between the fuel and the cladding. This report details some of the data produced to date.
A leading scholar-historian of just war theory has said all wars, of course, produce noncombatant... more A leading scholar-historian of just war theory has said all wars, of course, produce noncombatant casualties. The of course shocks one into pacifism or realism. Since protecting the innocent from harm has in certain circumstances been considered a causus belli, for the realist there is a paradox, if not a contradiction. Wars to protect innocent people, of course, kill them! This essay reviews the excuses and justifications used to explain away such killing.
Page 1. The Acorn Fall - Winter, 2000 - 2001 36 Pope Paul VI's Aphorism "If You Wan... more Page 1. The Acorn Fall - Winter, 2000 - 2001 36 Pope Paul VI's Aphorism "If You Want Peace Work ... All wars are bad, and al-ternative ways of conflict resolution are possible. Such a view in effect stands Pope Paul's aphorism "If you want peace work for justice" on its head. ...
Page 1. LAW, CHINA AND JOHN DEWEY Walter J. Kendall UV Contents Introduction 103 I.Dewey&#x27... more Page 1. LAW, CHINA AND JOHN DEWEY Walter J. Kendall UV Contents Introduction 103 I.Dewey's Theory of Law 107 II. ... Thanks to Harriet Simon of the Center for Dewey Studies and Sally Drake of the University of Hawaii Library for help in getting started in Dewey's papers. ...
Since the inception of the nation, the legislative and executive branches of government in this c... more Since the inception of the nation, the legislative and executive branches of government in this country have found it necessary to delegate substantial power to administrative agencies in order to solve a wide range of problems.'Throughout this period, the courts ...
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