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Democratic legal systems and international human rights norms hold generally that torture can never be justified, however urgent the need. Many, but not all, thinkers about morality agree with this consensus. But the certainty breaks down in the face of catastrophic, “ticking bomb” hypotheticals, and lawyers and moralists retreat to arguments about the unreality of such hypotheticals and about the uncertainty as to whether torture is sufficiently likely to work to justify its use—all of which concedes that in principle torture is not always wrong. This Essay argues that it is always wrong—period. It then locates such an argument in a general moral landscape, showing how that and some other such absolutes are not as fanatic as they are made to appear. Rather, this argument is connected to a system of other moral concepts and commitments that we would be loath to unravel and does not depend on some supernatural guaranty that moral behavior will always have a happy outcome—in this world or the next: hence the [...] This Article investigates a hitherto unexplored connection between money and politics. It posits a psychological explanation for why certain extremely wealthy and powerful tycoons back ultraconservative causes and oppose social spending, even on education, though these measures would benefit the economy as a whole. Employing the concept of transcendence, it shows how wealthy parents are often disappointed in their offspring’s free-spending ways and weak work ethic. Unconsciously seeking to assure continuity after they are gone, the elderly rich shift focus to assure that their class, at least, will continue to rule after their own [...] This Article seeks to transform how we think about affirmative action. The U.S. Supreme Court’s jurisprudence on the subject may appear to be a seamless whole, but closer examination reveals crucial differences between the cases broadly [...] For nearly three decades, the U.S. Supreme Court has struggled with the proper treatment of administrative action that departs from agency precedent. Moving toward a stronger theoretical account of administrative change requires exploring an [...] Founders of a start-up usually take common stock as a large portion of their compensation for current and future labor efforts. By electing to pay a nominal amount of ordinary income tax on the speculative value of the stock when it is received, [...] |
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Balancing Judicial Misvaluation and Patent Hold-Up: Some Principles for Considering Injunctive Relief After eBay