Ken MacVey has been a litigator and trial lawyer in private practice for over four decades. He started his legal career with the Federal Trade Commission where he did civil antitrust and consumer protection enforcement, including prosecuting industry wide antitrust cases involving the motion picture and record industries. He has published treatise chapters and numerous articles for lawyers and other specialists, and has served as a professor of practice at the university level. Ken is interested in all things legal. He also has an abiding interest in contemporary philosophy and its potential relevance to those outside the academic philosophy world. Email: [email protected].
by Ken MacVey The full title of Charles Dickens’ 1843 classic is “A Christmas Carol in Prose: Being a Ghost Story for Christmas.” Inspired by a report on child labor, Dickens originally intended to write a pamphlet titled “An Appeal to the People of England on behalf of the Poor Man’s Child.” But this project…
by Ken MacVey When promoting her new book in September, Supreme Court Justice Amy Coney Barrett stated in an interview as quoted in Politico : “I think the Constitution is alive and well.” She went on – “I don’t know what a constitutional crisis would look like. I think that our country remains committed to…
by Ken MacVey In my last two columns, I raised issues about certain versions of right-wing libertarianism. In my column “How Yard Sales Could Explain the Rise of Billionaires and Challenge Libertarian Thinking” I argue that the “yard sale model” developed by mathematicians and physicists to explain wealth inequality presents a provocative challenge to philosopher…
by Ken MacVey There are many causes of Trump’s double ascent as president, including, perhaps just randomness, such as Comey’s re-opening of the FBI investigation of Hillary Clinton 11 days before the 2016 election supposedly based on a belatedly discovered laptop. But it can be argued there were a number of background features in our…
by Ken MacVey By many measures wealth inequality in the US and globally has increased significantly over the last several decades. The number of billionaires has increased at a staggering rate. Since 1987, Forbes has systematically verified and counted the global number of billionaires. In 1987, Forbes counted 140. Two decades later Forbes tallied a…
by Ken MacVey Since 1914, the Federal Trade Commission ‘s mission has been to enforce civil antitrust and unfair competition/consumer protection laws. The question is whether this mission has been supplanted—whether the FTC under Trump 2 .0 is becoming the Federal Political Truth Commission. My Background: The FTC Investigates the Movie and Record Industries Many…
by Ken MacVey One argument for the existence of a creator /designer of the universe that is popular in public and academic circles is the fine-tuning argument. It is argued that if one or more of nature’s physical constants as mathematically accounted for in subatomic physics had varied just by an infinitesimal amount, life would…
by Ken MacVey Many have talked about Trump’s war on the rule of law. No president in American history, not even Nixon, has engaged in such overt warfare on the rule of law. He attacks judges, issues executive orders that are facially unlawful, coyly defies court orders, humiliates and subjugates big law firms to his…
by Ken MacVey Do corporations have free will? Do they have legal and moral responsibility for their actions? Many argue that legal and moral responsibility must rest on free will. If there is no free will there cannot be such a thing as legal or moral responsibility. But consider these two questions and their potential …
by Ken MacVey As a lawyer I know too well that lawyers are infamous for looking for the dark lining in a silver cloud. That outlook goes with the territory of trying to look for legal pitfalls and hidden trap doors. That’s part of the job of what lawyers do—trying to protect their clients from…
by Ken MacVey After many years as a practicing lawyer, I remain proud of what I do. Putting aside lawyer jokes, stale references to ambulance chasing and analogies with other professions that charge by the hour, I have enjoyed doing what lawyers do and I am unapologetic about it. Sometimes to clients, colleagues, and classes…