This preview shows page 1. Sign up to view the full content.
Unformatted text preview: ty Professor, 1999. Seton Hall University Law Center, p. 234. The Intellectual Property Clause gives Congress the power to promote the economic development of our country through the encouragement of "Science and useful Arts." n156 The policy behind insertion of the Intellectual Property Clause was primarily economic, and the Supreme Court has observed that "[the] encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in "Science and useful Arts.'" SLHS Value File Education Bad
Curriculum is threatened by tyranny of the majority: democratic oversight of curriculum looks neat on paper, but fails to acknowledge perpetuation of systematic inequalities Kevin G. Welner, J.D., UCLA LAW REVIEW, April 2003, p. 968-970
Whether de jure or merely de facto, there are definite "systemic barriers" to the participation of many who are members of subordinate groups or cultures in American society. For example, in a mixed-income community, lower-income families invariably have a weaker political voice than do higher-income families. This can be attributed in part to a lower level of participation and in part to lesser per capita political influence. That is, lower income correlates to less political engagement as well as to less effectiveness for those that do engage. Stewart has fallen victim to what Nancy Fraser identifies as a liberal political theory that "assumes the autonomy of the political in a very strong form [and] ... assumes that it is possible to organize a democratic form of political life [notwithstanding societal] ... structures that generate systematic inequalities." Liberals such as Stewart may wish to insulate political institutions, thereby achieving presumptively equitable interactions rather than those premised on structural and systemic relations of inequality. However, this is likely an unreachable ideal: "The weight of circumstance suggests that in order t...
View Full Document
This document was uploaded on 11/20/2013.
- Fall '13