Constitutional Remedies & Public Interest Balancing

The ethics of public health practice: balancing private and public interest within tobacco policy.

INTRODUCTION Public health practice is characterized by measuring population health, assessing needs for health care and the provision (directly or indirectly) of services to protect and promote the public's health. It is increasingly explicitly concerned with issues of equity. SOURCES OF DATA Publications discussing ethical issues in public health. AREAS OF AGREEMENT Unlike the duties of c...

Public Consensus as Constitutional Authority

Barry Friedman's new book The Will of the People attempts to dissolve constitutional law's countermajoritarian difficulty by showing that, in practice, the Supreme Court does only what the public will tolerate. His account succeeds if "the countermajoritarian difficulty" refers to the threat that courts will run the country in ways that contravene majority preference, but not if the "the counte...

Constitutional Democracy and Public Judgements

This paper proposes a new conceptual framework of a liberal social order, which emphasizes the freedom of action in social interaction and the freedom of participation in social rule-making process. Our articulation of public decision-making process can be interpreted as a formal way of capturing the essence of constitutional democracy, which is an impure mixture of constructivist rationalism a...

The Judicial Adjunct and Public Law Remedies

Policy Remedies for Conflicts of Interest in the Financial System

With the end of the stock market boom in 2000, financial markets have been jolted by one corporate scandal after another. The cycle began with the spectacular bankruptcy of Enron Corporation in December 2001, once valued as the seventh largest corporation in the United States, and the indictment of Enron’s auditor, Arthur Andersen, one of the big five accounting firms. Subsequently, there have ...