Euthanasia and Health Care: Two Essays an the Policy Dilemmas of Aging and Old Age
In: The Tanner lectures on human values, Band 17, S. 13-50
ISSN: 0275-7656
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In: The Tanner lectures on human values, Band 17, S. 13-50
ISSN: 0275-7656
In: Critical review: a journal of politics and society, Band 7, Heft 1, S. 33-49
ISSN: 1933-8007
In: Critical review: a journal of politics and society, Band 6, Heft 4, S. 559-574
ISSN: 1933-8007
In: International review of law and economics, Band 4, Heft 2, S. 131-135
ISSN: 0144-8188
The fourth amendment, as is well known, forbids unreasonable searches and seizures by government officers; if the government tries to introduce evidence in a criminal trial that was seized in violation of the fourth amendment, the defendant can get the evidence suppressed. If the evidence is vital to conviction, this means that the defendant will be acquitted simply because the evidence was obtained illegally. This is the famous exclusionary rule of the law of search and seizure. The exclusionary rule is one example of a sanction for governmental miconduct: evidence that may be essential to convicting a dangerous criminal is suppressed to punish or to deter the government's violation of a law, here the fourth amendment. Issues concerning sanctions for governmental misconduct may seem quintessentially legal, but they also have an economic dimension. I shall argue, building on an earlier paper in which I analyzed the fourth amendment's exclusionary rule, that economics can yield valuable insights into when sanctions for governmental misconduct are excessive.
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In: Journal of political economy, Band 88, Heft 3, S. 608-616
ISSN: 1537-534X
In: Journal of political economy, Band 83, Heft 4, S. 807-827
ISSN: 1537-534X
In: Journal of political economy, Band 83, Heft 4, S. 807-827
ISSN: 0022-3808
World Affairs Online
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Working paper
In: The Bell journal of economics and management science, Band 5, Heft 2, S. 335
In: The Bell journal of economics and management science, Band 3, Heft 1, S. 98
In: The journal of business, Band 44, Heft 2, S. 236
ISSN: 1537-5374
In: The Bell journal of economics and management science, Band 2, Heft 1, S. 22
In: Advances in Austrian Economics; Cognition and Economics, S. 253-273
In: Inalienable Rights Ser.
Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. InNot a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. Theseissues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is suigeneris--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posnerstresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIESThis is inaugural volume in Oxford's new fourteen-book Inalienable Rights