Constitutional lawyers tend to study constitutions as sets of legal rules and judicial decisions. But written constitutions are also products, with different design features: they can be more or less detailed, innovative, or ambitious; they can be produced in a more or less inclusive manner; and they can have a short-term expiration date or be designed for the long haul.
What limits should the government be allowed to impose on people who want to give money to a political campaign, or spend money in support of a campaign? The question is complex, difficult, and very important. Limits on the way money can be used to support candidates can undermine democracy - but so can the lack of limits.
Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates systemic errors so large as to deprive the tool of value.
The question of how to structure and package the residential experience is a deeply interesting and difficult one. How physically large or small should residential holdings be? How densely should they be clustered? Should spaces for working, recreating, cooking, and bathing be contained within the private residential unit, shared with other households, or procured a la carte?
The Supreme Court’s decision in the healthcare case has brought new prominence to Congress’s power to tax and spend for the general welfare under Article I, section 8, clause 1. Legislation under the spending power is often regarded as an artifact of the New Deal period. But the spending power has a longer history dating from the early nineteenth century.
In the mid-1930s, the future of judicial review was uncertain. Politicians, social activists, and even legal academics denounced the federal judiciary’s hostility toward New Deal legislation as a threat to democratic progress and economicrecovery. In the face of President Roosevelt’s “court-packing plan” and competing proposals to curb judicial power, conservative lawyers sough
William J. Brodsky is Chairman and Chief Executive Officer of CBOE Holdings, Inc. and the Chicago Board Options Exchange. As Chairman and CEO of CBOE since 1997, Brodsky has overseen a period of tremendous growth as well as product and technological innovation at the exchange. He serves as the options industry’s leading advocate in shaping market policy and regulation.
What can law do well? It tries to “intervene” in order to control antisocial behavior, to enforce promises, and to prevent violence. But it is also called on to “intermediate” so that citizens need not confront one another directly and need not even control themselves.
In 2010 and 2011 Professors Saul Levmore and Martha Nussbaum gave several talks about the book, The Offensive Internet, a collection of essays about apparent abuses of anonymity and freedom from liability on the Internet.