Splitting the Atom of Property: Rights Experimentalism as Obligation to Future Generations
Jamison E. Colburn · September 2009 77 GEO. WASH. L. REV. 1411 (2009) In this Article I try to map rights experimentalism onto our most recent (re)constructions of constitutional property and show why we owe it to future generations to start thinking about property more experimentally. Ironically, many of the troubles at the interface of... Read More
Four out of Four Panelists Agree: U.S. Fiscal Policy Does Not Cheat Future Generations
Neil H. Buchanan · September 2009 77 GEO. WASH. L. REV. 1402 (2009) As part of The George Washington Law Review’s symposium What Does Our Legal System Owe Future Generations? New Analyses of Intergenerational Justice for a New Century, participants discussed the nature of intergenerational obligations as they relate to fiscal policy. The panelists reached... Read More
Social Security and Intergenerational Justice
Nancy J. Altman · September 2009 77 GEO. WASH. L. REV. 1383 (2009) What do generations owe one another? Professor Buchanan subjects to rigorous examination the commonly expressed platitude that we are obligated to future generations. In doing so, he makes a valuable contribution to the literature and thinking about intergenerational equity. In his perceptive... Read More
Does Intergenerational Justice Require Rising Standards of Living?
Lawrence Zelenak · September 2009 77 GEO. WASH. L. REV. 1358 (2009) In his provocative and insightful contribution to this symposium, What Do We Owe Future Generations?, Neil Buchanan takes issue with the conventional wisdom that the United States is harming its future generations by running large and persistent federal budget deficits. He focuses particular... Read More
The Long-Term U.S. Fiscal Gap: Is the Main Problem Generational Inequity?
Daniel Shaviro · September 2009 77 GEO. WASH. L. REV. 1298 (2009) The United States is currently on an unsustainable long-term fiscal path. In the long run, everything must be paid for in one way or the other; there is no free lunch. Our current tax and spending policies, however, would fall vastly short over... Read More
What Do We Owe Future Generations?
Neil H. Buchanan · September 2009 77 GEO. WASH. L. REV. 1237 (2009) Every decision that we make today can either directly or indirectly affect the interests of future generations, both those generations already born and those to be born in the decades and centuries after we are gone. Even if it is unlikely that... Read More
Just(ice) in Time for Future Generations: A Response to Hockett and Herstein
David DeGrazia · September 2009 77 GEO. WASH. L. REV. 1216 (2009) To whom or what do we have moral obligations? To whom or what should we have legal obligations? Is it possible that some recipients, or beneficiaries, of our obligations are not currently existing persons? Might some of them be human beings who are... Read More
The Identity and (Legal) Rights of Future Generations
Ori J. Herstein · September 2009 77 GEO. WASH. L. REV. 1173 (2009) What is the moral significance of “future generations”? Can they be the subjects of (legal) rights? And if so, do they have rights? The first part of this Article reflects on who or what in future generations is of moral significance, exploring... Read More
Justice in Time
Robert Hockett · September 2009 77 GEO. WASH. L. REV. 1135 (2009) Challenges raised by the subject of intergenerational justice seem often to be thought almost uniquely intractable. In particular, apparent conflicts between the core values of impartiality and efficiency raised by a large and still growing number of intertemporal impossibility results derived by Koopmans,... Read More
A New Interpretation, an Absurd Result: How HHS is Short-Changing Children with Severe Mental Illness
Stephen Satterfield · June 2009 77 GEO. WASH. L. REV. 1114 (2009) In 2001, the Department of Health and Human Services’ Office of the Inspector General (“OIG”) began a series of audits of states’ claims for federal assistance under the Medicaid program. These claims for “federal financial participation” (“FFP”) were essentially states’ requests for federal... Read More