Bad Consequences

When faced with a decision, if one alternative is likely to lead to bad results, a rational person would presumably hesitate before choosing that course of action. Thus, the bad consequences argument tends to have logical and intuitive appeal. Moreover, it is an easy argument to make. Decisions, especially legal decisions, generally do have consequences, and it will usually be difficult to determine exactly what they will be with any certainty. The future, by definition, is uncertain. And yet, it only takes a modicum of imagination to speculate about what very well might happen. The argument of bad consequences can be a powerful tool in the hands of the advocate because it tends to place the opponent in the uncomfortable position of attempting to refute the speculative state of affairs that presently exists only in the advocate\u27s imagination. Given the appeal of this argument, it is hardly surprising that it has been employed with great frequency by the Supreme Court of the United States from the earliest days and continues to play a significant role in contemporary constitutional interpretation. It has been utilized by the Court in many of its most memorable decisions including: Marbury v. Madison, McCulloch v. Maryland, Lochner v. New York, Youngstown Steel & Tube Co. v. Sawyer, New York Times Co. v. Sullivan, Mapp v. Ohio, Griswold v. Connecticut, Miranda v. Arizona, United States v. Nixon, Bakke v. Regents of the University of California, just to mention a few. Although bad consequences is an easy argument to make and a frequent argument made, it is not always a convincing argument. Nor is it necessarily a bad argument. To a large extent, it depends on the advocate\u27s ability to persuade the reader that bad things are, in fact, likely to occur if a particular course of action is followed. This article will examine several aspects of the bad consequences argument. First, it will briefly consider instances in which the bad consequences argument is employed as a means of bolstering some other form of constitutional argument. Next, it will examine the use of the bad consequences argument as a rhetorical device. Then it will consider the issue of whether there needs to be some showing that bad consequences will actually occur. Next, it will discuss cases in which the bad consequences in question are legal rules or doctrines which the Court itself has some ability to avoid. Finally, it will discuss constitutional boundary disputes in which the bad consequences argument has become something of a structural principle

Interpretive Issues in Seminole and Alden

For students of constitutional interpretation, Seminole Tribe of Florida v. Florida and Alden v. Maine, two of the Court\u27s most important recent Eleventh Amendment opinions, are gold mines. Each is a monumental opinion with lengthy and spirited debate between the majority and the dissents. Every significant method of constitutional interpretation (including textualism, original understanding, structure, precedent, doctrine, practice, and rhetoric) is employed by both the majorities and the dissents. Both the majorities and the dissents are able to advance solid and respectable arguments in favor of their positions. Arguably, these two cases could be used as texts for the study of virtually all of constitutional interpretation. Rather than attempting that however, I would like to focus on and analyze several discrete interpretive issues presented in these cases. I will concentrate primarily on Seminole, but I will also discuss Alden, especially where similar interpretive issues or arguments are raised

Wing surface-jet interaction characteristics of an upper-surface blown model with rectangular exhaust nozzles and a radius flap

The wing surface jet interaction characteristics of an upper surface blown transport configuration were investigated in the Langley V/STOL tunnel. Velocity profiles at the inboard engine center line were measured for several chordwise locations, and chordwise pressure distributions on the flap were obtained. The model represented a four engine arrangement having relatively high aspect ratio rectangular spread, exhaust nozzles and a simple trailing edge radius flap

Accounting Capstone Course Design: Using the Internet to Modernize a Graduate Accounting Capstone Course

This second paper describes how the Internet was used to modernize a graduate accounting capstone course to enhance student interest and learning, and is an extension of an earlier paper that examined a similar approach with an undergraduate accounting capstone course. Course content was developed from contemporary issues and cases obtained from the Internet. Benefits, drawbacks, and feedback from students who completed the updated course are presented as a basis for future study. The concepts and techniques presented in this analysis can easily be applied to capstone courses in other disciplines

Accounting Capstone Course Design: Using The Internet To Modernize A Graduate Accounting Capstone Course

This second paper describes how the Internet was used to modernize a graduate accounting capstone course to enhance student interest and learning, and is an extension of an earlier paper that examined a similar approach with an undergraduate accounting capstone course. Course content was developed from contemporary issues and cases obtained from the Internet. Benefits, drawbacks, and feedback from students who completed the updated course are presented as a basis for future study. The concepts and techniques presented in this analysis can easily be applied to capstone courses in other disciplines