Civil Rights

"Tax Expenditures": The Wisdom and Efficacy of Using the Tax Code to Implement Social Policy - Event Audio/Video

Administrative Law Practice Group
Lily Batchelder, Leonard E. Burman, Stephen J. Entin, Eileen O'Connor May 12, 2008

The Federalist Society's 2008 Tax Policy Conference titled "Our Nation's Founding Principles and Our Tax Code - Consistent or In Conflict?" was held at the National Press Club in Washington, DC, on May 7, 2008. This panel featured Prof. Lily Batchelder of the NYU School of Law, Mr. Leonard E. Burman, Director of the Tax Policy Institute, Urban Institute, Mr. Stephen J. Entin of The Institute for Research on the Economics of Taxation, and Hon. Eileen J. O'Connor of Pillsbury Winthrop Shaw Pittman LLP, and former Assistant Attorney General for the Tax Division of the U.S. Department of Justice, as the moderator.

(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice Architecture

Engage Volume 13, Issue 1, March 2012
Adam C. Smith March 22, 2012

(Mis)Applications of Behavioral Economics to Regulation: The Importance of Public Choice ArchitectureFriedrich Hayek once said, “Unfortunately, the popular effect of this scientific advance has been a belief, seemingly shared by many scientists, that the range of our ignorance is steadily diminishing and that we can therefore aim at more comprehensive and deliberate control of all human activities. It is for this reason that those intoxicated by the advance of knowledge so often become the enemies of freedom.” This statement encapsulates a broad wariness of government intervention, even—and perhaps especially—intervention based upon scientific findings, into private enterprise. The problem, as Hayek points out, is that such control mechanisms, however scientifically informed, inevitably lead to unwanted consequences, often stifling the very creativity needed to foster the beneficial spontaneous order of the marketplace. [Read more!]

2008 Church Autonomy Conference Opening Remarks - Event Audio/Video

Religious Liberties Practice Group
John Garvey April 08, 2008
Dean John Garvey of Boston College Law School opened The Federalist Society's 2008 Church Autonomy Conference titled "The Things That Are Not Caesar’s: Religious Organizations as a Check on the Authoritarian Pretensions of the State" at the Georgetown University Law Center in Washington, DC, on March 14, 2008.

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?

Engage Volume 12, Issue 3, November 2011
Peter M. Thomson November 28, 2011

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?This article examines whether it might be possible to craft a comprehensive strategy designed to dramatically reduce crime by using advances in GPS technology to effectively eliminate the recidivist criminal’s ability to relapse into prior criminal conduct. Such a long-term strategic approach would implicate a number of constitutional and legal issues. However, if the legal hurdles can be overcome, such an innovative crime-reduction strategy might well be successful, particularly if it could integrate a number of other time-tested crime reduction strategies that criminal justice advocates have successfully employed. These strategies would support long-term, active GPS monitoring, and would include: crime scene correlation, active supervision, and community-oriented behavioral modification techniques such as restorative justice, a powerful program requiring criminals to interact with their victims and immediate social communities. [Read now!]

A Conversation on Proposed Systemic Risk Regulation - Podcast

Financial Services and E-Commerce Practice Group
Peter J. Wallison, Wayne A. Abernathy, John L. Douglas July 24, 2009
On March 26, 2009, Treasury Secretary Timothy Geithner outlined the administration’s plan to regulate the financial system during a hearing before the House Financial Services Committee.  The proposals included the creation of a systemic regulator that would have the authority to designate “significantly important” financial institutions that may pose serious risks to the stability of the financial system. What does it mean for an institution to be so designated? Can a systemic regulator provide the needed oversight of financial institutions? Does the federal government have sufficient existing authority to deal with systemic risk and should it have the authority to resolve financial institutions outside of existing bankruptcy law?  Our speakers address these and other questions.