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  • History, Philosophy and Sociology of Law x
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To Have, to Hold, and to Vanquish: Property and Inheritance in the History of Marriage and Surnames

property on his death, but no share of the land, and that later laws which gave her rights to land were only for her lifetime. However, evidence suggests that the wife actually had rights to a share of both personal and real property, and the right was absolute rather than for her life only; this indicates that her property rights within marriage were considerably more expansive than Blackstone presumed. Blackstone had borrowed much of this work from Sir Martin Wright, who had borrowed it from Nathaniel Bacon, who had himself relied on a mistranslation; he then used this

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The Curious Incident of Trump and the Courts: Interbranch Deference in an Age of Populism

pattern with his next nominee to the nation’s highest court. Thus, he hailed both retiring Justice Anthony Kennedy (as a public servant associated with “incredible passion and devotion…[and a] lifetime of distinguished service”), The White House, Remarks by President Trump Announcing Judge Brett M. Kavanaugh as the Nominee for Associate Justice of the Supreme Court of the United States , Jul. 9, 2018, and

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Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

jurisprudence, and which ultimately led to two judicial appointments under Reagan: one to the U.S. Court of Appeals (D.C. Circuit) in 1982, and the other to the Supreme Court in 1986. Scalia’s ascension to the Court, like so many other SCOTUS justices, was a reward for political service. But would Scalia fulfill his judicial “mandate” as a Reagan nominee, or would he feel unshackled by his lifetime appointment to the nation’s highest court? The idea of judicial mandates arises from the fact that in the U.S. federal judicial appointment stems from a political process

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The Sexual Orientation Cases

and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State. 505 U.S. 833, 851 (1992). Justice O’Connor, while concurring in the result, based her judgment on the Equal Protection Clause because

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Fascism-lite in America (or The Social Ideal of Donald Trump)

, supra note 2. In any case, ownership of property had already ceased to be truly ‘private’ (in Marx’s definition of ‘capitalism’) in Marx’s own lifetime. See Karl Marx, Capital vol. III, ch. 27 (1883). “In the stock companies the function is separated from the ownership of capital, and labor, of course, is entirely separated from the ownership of means of production and of surplus-labor. This result of the highest development of capitalist production is a necessary transition to the reconversion of capital into the property of the producers, no longer as the

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Adventures in Higher Education, Happiness, And Mindfulness

attempts. Perfectionistic strivings’ association with suicide ideation also draws into question the notion that such strivings are healthy, adaptive, or advisable.” Id . A basic economic model of suicide assumes that a rational individual chooses to commit suicide when the net present discounted value of that person’s remaining expected lifetime happiness becomes negative or less than some benchmark level. Daniel S. Hamermesh & Neal M. Soss, An Economic Theory of Suicide , 82 J. Pol. Econ. 83 (1974). A financial economic model of suicide adds the real option value

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Posner’s Folly: The End of Legal Pragmatism and Coercion’s Clarity

rearing, and education…. These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life. Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 851 (1992). This airy edict thinly disguised as constitutional law does little to indicate what actions the Supreme Court would

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“To Promote the General Welfare”: Addressing Political Corruption in America

or wealth in order to exclude members of the elite, the restriction on lifetime income makes it very costly for those with high private sector incomes from wealth or employment to serve. A new Member shall be selected by lot from among qualified applicants within 45 days of a vacancy, for a term to begin no later than 90 days after selection. Members shall serve a term of 15 years. The composition of the Council, method of selection, and number of Members are each critical to issues of political independence, public trust, and competence. Having Members elected

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Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause

lifetime. B American Colonial Operations and Ben Franklin The 1711 statute created a central post office in New York City to govern operations in North America. Id . § 4 (1711). By 1764, Britain had acquired Canada and Florida, and in that year the North American territories were split into the districts referred to earlier. R ICH , supra note 1, at 39. Two deputies were assigned to the northern district and one to the southern; their respective headquarters were New York and Charleston. Smith , supra note 1, at 272-73. In Virginia there was resistance to

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Permanent Establishment for Investors in Private Equity Funds—A Legal Analysis in Light of the Changes to the OECD Model (2017)

to the same tests that apply to unrelated companies. With respect to the test of economic independence, the Commentary place emphasis on the number of principals represented by the agent, as independent status is less likely if the activities of the agent are performed wholly or almost wholly on behalf of only one enterprise over the lifetime of a business or a long period of time. Cf. Para. 38.6 OECD Model: Commentary on Article 5(6) (2014). On the one hand, it must be admitted that General Partner Foundation initially would only act as general partner with

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