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Warren would place unconstitutional conditions on this right via the requirements for a federal charter and the so-called public benefit. If enacted, her bill would quite likely be ruled unconstitutional by the courts. But if it stood, capital would quickly take flight from the U. Shareholders bear the financial risk that the company will fail to produce adequate earnings, lose value, or fail. Again, this would happen in at least two ways: Significant employee representation on the board is likely to distort decisions about labor compensation and virtually any decision affecting employment.
To take the simplest case, economic efficiency requires that the rate of labor compensation be the same as the marginal value of labor productivity. There any number of other worker demands that would gain viability. For example, extended break times or extra paid-time-off would certainly raise costs, and such demands from a plurality of the board would be unrestrained by the need to negotiate other terms.
Or how about a plant-closing decision? Ultimately, the very jobs on which labor depends would be threatened. Serving customers is not enough, but what will satisfy federal overseers that the firm has fulfilled its social obligations? And what are the limits of those social obligations? Again, these amorphous requirements would constitute a theft of resources from the business owners, requiring the payment of alms in order to produce something of value. There is already evidence that board activism in pursuit of non-business, social objectives destroys business value:.
Those social and political shareholder-proposal campaigns are associated with lower shareholder value. These labor investors also tend to attack companies facing ongoing union-organizing campaigns, as well as companies with political action committees that support Republicans. It would ripple through the ranks of consultants, repair shops, electricians, plumbers, accounting firms, janitorial services, and any number of other businesses.
It might or might not have an impact on the federal budget, but the cost of destroyed economic value in the business sector would be massive, not to mention the jobs that ultimately would be lost in the process. The answer is — as it always is — accountable to politicians, who desire to put the assets and productivity of private businesses under political discipline for their own selfish ends. It is remarkable that people who are most keenly attuned to the self-interest of CEOs and shareholders and the ways in which that self-interest influences their decisions apparently believe that members of the House, senators, presidents, regulators, Cabinet secretaries, and agency chiefs somehow are liberated from self-interest when they take office through some kind of miracle of transcendence.
Carter , Trial Penalty , Walter Pavlo. Instead, the deck is often stacked against defendants because prosecutorial incentives, mandatory minimum sentences and plea bargaining interact in perverse ways.
This is exacerbated by our tendency to demand laws against every behavior that offends us, some that are redundant, some with lower burdens of proof, and some that are just silly. Prosecutors tend to be ambitious, which is not necessarily a bad thing. This magnifies the incentive for aggressive prosecution to achieve a high rate of conviction and lengthy sentences.
Of course, defendants are often at a disadvantage in terms of the quality of their legal representation, but beyond that are a variety of prosecutorial tactics that can be used in pursuit of these goals. A nexus between several factors has made the criminal justice system much harsher for defendants. Multiple charges on related and even unrelated crimes, often with harsh mandatory minimum sentences, can help secure a guilty plea on the original charge.
The prosecution gets a conviction and avoids the cost of a trial, but the due process rights of the defendant are compromised in the process. He offers a couple of examples:. The police saw it and pulled him over. The police suspected his girlfriend was a prostitute, so they split Antonio and his girlfriend up and asked them questions. Oh, by the way, do you mind if we search your car? Because he was convicted as an adult in his prior crimes, his mandatory minimum sentence was 15 years.
This disparity is truly a threat to the Sixth Amendment right to a fair trial. In fact, in discussing this study, Walter Pavlo puts things starkly: He quotes this finding:.
That share rises to 49 percent for people exonerated of manslaughter and 66 percent for those exonerated of drug crimes. You tell your client that they would probably win at trial, but if they lose, they will go to prison. The plea promises some meaningful benefit: But your client would have to accept responsibility for a crime they may not have committed. The final stage happens in court. Your client has signed the paperwork admitting to something you believe in your gut they did not do. Maybe they were standing near the actual perpetrator and were presumed guilty by association because of the color of their skin.
Maybe they were the victim of an honest misidentification. An episode in South Carolina indicating possible manipulation by prosecutors involved a grand jury, which is convened to hear preliminary evidence in a case and decide whether the defendant should be indicted on charges brought by the prosecution. This particular grand jury approved indictments in a single day , averaging 39 seconds per indictment!
In response, 27 defense attorneys filed a motion to have the indictments thrown out. Instead, the grand jury appears to have served as a rubber-stamp for the prosecution. Over-criminalization is another major factor contributing to the erosion of due process rights. As Glenn Reynolds says, the next step should be fewer laws. This earlier paper by Reynolds made the point more forcefully: Though people suspected of a crime have extensive due process rights in dealing with the police, and people more charged with a crime have even more extensive due process rights in court, the actual decision whether or not to charge a person with a crime is almost completely unconstrained.
Yet, because of overcharging and plea bargains, that decision is probably the single most important event in the chain of criminal procedure. Today, the many laws we have against victimless behavior overburden the justice system.
Engaged in oral sex? Used a plastic straw? Paid for a sex toy? Sold lemonade from a stand without a permit? Purchased a Happy Meal? Given food to a homeless person? These are just a few activities that are, or soon-to-be, illegal in certain jurisdictions, and I mentioned only one case having to do with licensure. I have not even mentioned crimes promulgated by federal regulators. We try not to think about this, but we should. On the first day of law school, I tell my Contracts students never to argue for invoking the power of law except in a cause for which they are willing to kill.
They are suitably astonished, and often annoyed. But I point out that even a breach of contract requires a judicial remedy; and if the breacher will not pay damages, the sheriff will sequester his house and goods; and if he resists the forced sale of his property, the sheriff might have to shoot him.
This is by no means an argument against having laws. Is this an exaggeration? Ask the family of Eric Garner, who died as a result of a decision to crack down on the sale of untaxed cigarettes. Yes, yes, the police were the proximate cause of his death, but the crackdown was a political decree. A conviction should require proof of guilt beyond a reasonable doubt.
In statistical terms, that would mean a very low p-value. The tradeoffs facing defendants are so unfavorable that few cases ever go to trial. The plea bargaining system often reduces the burden of proof to a matter of gamesmanship. Yes, there are some terrible fires now burning in California, Oregon, and elsewhere, and the total burnt area this summer in the U. The same is true of the global burnt area, which has declined over many decades. In fact, this paper reported the following:.
Although the magnitude of the actual differences between pre-industrial and current biomass burning rates may not be as pronounced as suggested by those studies [ 33 ], modelling approaches agree with a general decrease of global fire activity at least in past centuries [ 34 ]. In spite of this, fire is often quoted as an increasing issue around the globe [ 11 , 26 — 29 ]. People have a tendency to exaggerate the significance of current events.
Perhaps the youthful can be forgiven for thinking hot summers are a new phenomenon. Of course, the fires have given fresh fuel to self-interested climate activists and pressure groups, an opportunity for greater exaggeration of an ongoing scare story.
This year, however, and not for the first time, a high-pressure system has been parked over the West, bringing southern winds up the coast along with warmer waters from the south, keeping things warm and dry inland. Beyond all that, the impact of a warmer climate on the tendency for biomass to burn is considered ambiguous for realistic climate scenarios. Unfortunately, many decades of fire suppression measures — prohibitions on logging, grazing, and controlled burns — have left the forests with too much dead wood and debris, especially on public lands.
From the last link:. Active management of the forests and logging kept fires at bay for decades, but that largely ended in the s over concerns too many old growth trees and the northern spotted owl. Lawsuits from environmental groups hamstrung logging and government planners cut back on thinning trees and road maintenance. The annual burnt area from wildfires has declined over the past ninety years both in the U.
The large wildfires this year are due to a combination of decades of poor forest management along with a weather pattern that has trapped warm, dry air over the West. The contention that global warming has played a causal role in the pattern is balderdash, but apparently that explanation seems plausible to the uninformed, and it is typical of the propaganda put forward by climate change interests. In advanced civilizations the period loosely called Alexandrian is usually associated with flexible morals, perfunctory religion, populist standards and cosmopolitan tastes, feminism, exotic cults, and the rapid turnover of high and low fadsin short, a falling away which is all that decadence means from the strictness of traditional rules, embodied in character and inforced from within.
A place for reason, politics, economics, and faith steeped in the classical liberal tradition. A collection of philosophical writings and awesome poems written with my Marines in Mind. Musings on science, investing, finance, economics, politics, and probably fly fishing. Actually, some of us have expressed trepidation that our own individual liberty might face such a vulnerability, with Google working in concert with our own government: Ford says she never told anyone about the incident until years later when she revealed it to a therapist, whose notes say there were four people in the room and do not mention Kavanaugh.
Feinstein did not mention the letter during the hearings. Kavanaugh has denied the allegation and says that it could be a case of mistaken identity. Both have stated that they are unable to do so. The second, a woman, stated that she does not know Kavanaugh and is unable to place the two at a party together. Some 65 women who knew Kavanaugh during his high school years have signed a letter vouching for his character ; a number of college and law school classmates as well as high-profile female attorneys who have worked with and for Kavanaugh have publicly stated their support and vouched for his integrity.
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