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The Root of Support for the Drug War

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Although many states have legalized the use of marijuana for medical purposes, some states have decriminalized the possession of certain amounts of marijuana, and four states (Alaska, Colorado, Oregon, and Washington) have legalized the recreational use of marijuana, bipartisan support for the drug war throughout the United States continues unabated and unquestioned. Why? Why do so many Americans think that the ...

Uniting Constitutional Protection for Economic and Social Liberties, Part 3: Can the Ninth Amendment Save Us?

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In part 2 of this series (December), I argued that unenumerated noneconomic rights such as those of parents or the right to marry are generally considered “fundamental rights” under the approach libertarian legal scholar Randy Barnett labels “Footnote Four-Plus.” That is, the rights of parents are nowhere enumerated in the Constitution including the Bill of Rights, but are nonetheless ...

The Origins and Intentions of Copyright

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In a victory for media Goliaths, the Supreme Court recently ruled that TV-streaming service Aereo “perform ... copyrighted works publicly” and therefore violated copyright law. The ghost of Grokster haunts us. Napster rolls in its grave. Copyright’s muscular hands have once again strangled innovation. What is the purpose of copyright law? Conventional wisdom asserts that it protects the rights of ...

Uniting Constitutional Protection for Economic and Social Liberties, Part 2: The Great Depression and the Great Divide

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Part 1 | Part 2 | Part 3 In part 1, I traced the evolution of “substantive due process” jurisprudence under which the Supreme Court protected a variety of unenumerated rights, both economic and personal, through the Due Process Clause of the Fifth and Fourteenth Amendments. Many of the unenumerated rights that had been protected ...

“Both Together, They Made a Very Good Book”

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The Great Debate: Edmund Burke, Thomas Paine, and the Birth of Left and Right by Yuval Levin (Basic Books 2014), 235 pages. Yuval Levin’s well-written Great Debate is full of useful material, understandable explanation, and interesting reflections. It flows along smoothly and even entertainingly, unless that is a cuss word in serious circles. Levin goes through the Burke-Paine controversy ...

Ignoring the Difference between Free markets and State Capitalism

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Capital in the Twenty-First Century by Thomas Piketty, translated by Arthur Goldhammer (Belknap 2014), 696 pages. The basic phenomenon that Thomas Piketty devotes this book to describing is simple: “When the rate of return on capital significantly exceeds the growth rate of the economy..., then it logically follows that inherited wealth grows faster than output and income.” His historical account ...