Duality or Trinity, Scales or Circles: What Approach for Justice in a New Generation?

justiceThis week, I want to try to tie together some aspects of three experiences I recently had, and tell why I believe they reflect something about the evolving nature of justice at this point in human history.

A. Oliver Wendell Holmes, Sr. and Jr.: A first generation poet; a second generation jurist. I was rooting around in the attic, sorting out books for donation to a local charity, and came across my husband’s grandmother’s 1952 edition of The Family Book of Best Loved Poems, which randomly flipped open to “The Last Leaf” by Oliver Wendell Holmes, Sr. I read it and was reflective about the beautiful minds that manifested over the course of two lifetimes, father and son, one as a physician and poet and one as a jurist, each achieving excellence in their unique ways. 

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What Is So Special (to Me) About Intellectual Property?

gone-with-the-wind-11Last week I announced a future post about “why I like IP” and what brought me to specialize in this area. First, as with many-and often the most successful-things in life, IP more or less happened to me. I graduated from the University of Bologna Law School with a thesis (very much like a master’s thesis) in Antitrust Law. During my time at Berkeley and while attending my Doctorate Program I still worked on Advertising and Antitrust Law, increasingly, however, focusing on the relationship between Antitrust and Intellectual Property. As I mentioned before, my mentor and guide of my whole career, professor Vito Mangini, played a vital role in “pushing” me further and further into the IP world. In fact, IP in general, and trademarks in particular, became my main focus of both writing and practicing when, following the suggestion of my professor (who also found scholarships to support my stay and study) I moved to London to attend the Queen Mary and Westfield College and the London School of Economics. Since then, my love for IP has just grown, and I have never thought of a better field of law in which to practice, teach, and write.

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Reflections on Why We Fight

Let’s fight about why we fight!

Or, better yet, let’s continue the intriguing discussion begun by Professor Fallone about the nature of our political divisions. There are some interesting observations in the readings he suggests (I’ve seen only the Lakoff book), but they also raise some interesting (at least to me) observations and questions.

I have not read Gary Will’s book, but I have, like many of the readers of this blog, thought and wrote about issues of federalism and the proper role of the state.  I agree with the idea that there is a “myth” about these matters, if he means to use the term in its true meaning as an explanatory narrative, rather than in its popular corruption as “false.”

That narrative reflects a rather serious body of thought that is not limited to the political right or to any particular view of the founding. The idea that the “local and voluntary” (the term “amatuer” is pejorative and trivializes the debate) can be preferable to the “centralized and mandatory” is an important aspect of Catholic social teaching (expressed in the notion of subsidiarity) and of the Calvinist notion of sphere sovereignty. Toqueville, an outsider, saw American associationalism as a valuable antidote to the potential for democracy to consume itself.

Of course, none of these perspectives argue that a central government has no role to play and part of the difficulty with using historically successful arguments for central government is that they do not imply that expanded government is always good. The need for expanded government to, for example, start a central bank or facilitate interstate commerce, means that calls for additional expansion of central government  are actually or even presumptively meritorious.

This suggests two observations about our current political divide. 

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