Call for Papers: “Our Entrepreneurial Future: East, West, North, and South”

The Association of Private Enterprise Education Annual Conference, Maui, Hawaii, April 14 – 16, 2013. “Our Entrepreneurial Future: East, West, North, and South.” The Association of Private Enterprise Education (APEE) invites the submission of papers for its 38th International Conference in Maui, Hawaii, April 14-16, 2013. The Association is composed of scholars from economics, philosophy, political science, and other disciplines, as well as policy analysts, business executives, and other educators. APEE’s annual meeting explores topics related to private enterprise in an atmosphere that respects market approaches. Presentations reflect the latest research in fields such as regulation, public choice, microeconomics, and Austrian economics, as well as development of instructional techniques. The submission fee for the society’s journal, The Journal of Private Enterprise, is waived for papers presented at the conference.

Article: “What is the Philosophy of Law?”
John Finnis, SSRN

Read more on ResearchLinks – 08.10.12…

Legal scholar Orin Kerr provides excerpts from the concurring opinion today in Hettinga v. United States, in which Judge Janice Rogers Brown (joined by Judge Sentelle) argues that the Supreme Court should overturn its rational basis caselaw in the economic area and return to a Lochner-era regime of judicial scrutiny for economic regulations:
Read more on U.S. Appeals Court Opinion Criticizes Supreme Court Precedents That Undermine Economic Freedom…

Should virtue be a consideration in judicial decisionmaking? Indiana Law Professor R. George Wright makes an intriguing argument for why the four cardinal virtues could be useful in interpreting constitutional cases:

Read more on Constitutional Cases and the Four Cardinal Virtues…

David Theroux of the Independent Institute concludes his two-part article on “secular theocracy” here (the full article can be read here). In this second part, Theroux observes that “C.S. Lewis understood that natural law applies to all human behavior including government officials.”

Read more on Natural Law and the Rule of Law…

Creative Commons Attribution-Share Alike 3.0 Unported Author: Dustin

In this week’s Acton Commentary, “Blue Laws and Black Friday,” I argue that the increasing encroachment of commercial activity into holidays like Thanksgiving are best seen as questions of morality and the limits of the economic sphere of existence. The remedy for such issues is best sought at the level of relationship (between consumer and retailer, for instance, as well as employer and employee) rather than at the level of legal remedy, as in the case of blue laws.

Read more on On Blue Laws and Black Friday…

The New York Times ran an op-ed yesterday by Canadian legal scholar Joel Bakan, the author of a new book titled Childhood Under Siege: How Big Business Targets Children. Bakan argues that the 20th century has seen an increase in legal protections for two classes of persons, children and corporations, and that one of these is good and one is terribly, terribly bad—mean, even. That furthermore, there has been a kind of inexorable, Hegelian clash between the Corporation and the Child, but that the Corporation is steamrolling the Child, and we’ve got to step in with governmental protections.

Read more on If Corporations Are Making Your Child Fat, Run Crying to Mommy…

Earlier this month, prize-winning novelist Marilynne Robinson delivered the 2011 Kuyper Prize Lecture at the Kuyper Center conference, “Calvinism and Culture.”

In this lecture, Robinson explores and reframes our historical understanding of the Reformed tradition and its relationship to “Christian liberalism.” She says,

Read more on Marilynne Robinson on Christian Liberalism…

When we think of rule of law failure, countries like Zimbabwe and Somalia come to mind. But as Acton Research Director Samuel Gregg points out in his latest piece over at Public Discourse, rule of law can also be subtly eroded in wealthy countries. The negative consequences for risk-taking, entrepreneurship, and long term investment, he says, can be far-reaching.

Read more on Risk, Uncertainty, and Rule of Law…

A popular citation of Martin Luther King, Jr.’s justly-famous “Letter from Birmingham Jail” is his reference to natural law and Thomas Aquinas:

How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

The Witherspoon Institute has announced today its project, “Natural Law, Natural Rights, and American Constitutionalism,” which “will serve as an online resource center for students, teachers, and educated citizens to learn about the intellectual traditions of natural law and natural rights, particularly within American political and constitutional history.”

Read more on Martin Luther King, Jr. and Natural Law…

Via TechDirt:

…a judge has tossed out the wiretapping claims pointing out that there was no expectation of privacy out in public.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public,” the judge wrote. “When we exercise that power in public fora, we should not expect our actions to be shielded from public observation.”

There’s more here and here on the question of law enforcement and ‘citizen photojournalism.’

Read more on Public Accountability for Public Officials…