This article argues that, beginning with the 1909 Supreme Court decision in New York Central & Hudson River R.R. v. United States, federal courts have abandoned important principles that were intended to preserve civil liberties. By creating respondeat superior criminal liability, New York Central and subsequent decisions authorized a form of vicarious collective punishment that is inconsistent with these liberal principles. This change shifted the balance of power between prosecution and defense in a way that has had a pernicious effect on the methods employed by federal law enforcement agencies.
The Discordance of New York Central Jazz
The Discordance of New York Central Jazz
Recent Publications
- “Equal Opportunity, Not Reparations” in the Handbook of Equality of Opportunity (2024)
- “A Bayesian Solution to Hallsson’s Puzzle”
- Markets without Limits: Moral Virtues and Commercial Interests, 2nd Edition
- “Optimizing political influence: a jury theorem with dynamic competence and dependence”
- Why not anarchism?
Recent News
- Advocacy group concerned pay-for-plasma clinics expanding to Ontario will hurt voluntary donations
- Jason Brennan and Hélène Landemore, Debating Democracy (University of Zurich’s UBS Center, 2024)
- Jason Brennan “Everything Wrong with Democracy” on the Alex O’Connor Podcast (January 28, 2024)
- On the affirmative action ruling, the Supreme Court got it half right
- Is the effective altruism movement in trouble?