The Myth of Choice_ Personal Responsibility in a World of Limits - Kent Greenfield [91]
12. In fact, in Michigan, adultery may be punishable by life in prison. See Mich. Comp. Laws § 750.520b(1)(c) (1979); Mich. Comp. Laws § 750.30 (1979); People v. Waltonen, 728 N.W.2d 881, 890 (2006).
13. If Your Neighbor Poses as Your Husband, Is It Rape?, National Public Radio, Day to Day (transcript), May 5, 2008, available at http://www.npr.org.
14. Steven G. Calabresi, Lawrence, The Fourteenth Amendment, and the Supreme Court’s Reliance on Foreign Constitutional Law: An Originalist Reappraisal, 65 OHIO ST. L. J. 1097, 1123 (2004).
15. Noah Feldman, Islam, Terror and the Second Nuclear Age, N.Y. TIMES MAGAZINE, Oct. 29, 2006, at 50, 56.
16. Tatian’s Address to the Greeks, in 3 ANTI-NICENE CHRISTIAN LIBRARY: TRANSLATIONS OF THE WRITINGS OF THE FATHERS DOWN TO A.D. 325 1, 11 (B.P. Pratten et al. eds., 1867); Saint Augustine, Grace and Free Will (De gratia et libero arbitrio), in 59 THE FATHERS OF THE CHURCH: A NEW TRANSLATION 243, 251 (Robert P. Russell trans., 1968); C. S. LEWIS, THE GREAT DIVORCE 75 (2001) (1946).
CHAPTER 2
In Love with Choice
Epigraphs: Matt Bai, Democrat in Chief?, N.Y. TIMES MAGAZINE, June 8, 2010. The Glenn Beck Program (radio), January 26, 2011 (see http://www.glennbeck.com).
1. Gregg Cebrzynski, Burger King Revives “Your Way” Tag in New TV Campaign, NATION’S RESTAURANT NEWS, Mar. 8, 2004; Michael McCarthy, Burger King Tries Old Slogan Again, USA TODAY, May 23, 2005.
2. See SHEENA IYENGAR, THE ART OF CHOOSING 187 (2010).
3. The Nielsen Company, Press Release, Average U.S. Home Now Receives a Record 118.6 TV Channels, According to Nielsen, June 6, 2008, available at http://en-us.nielsen.com.
4. Wendy’s commercial entitled “Saloon,” created by Saatchi & Saatchi, NY, 2007.
5. See Iyengar, supra, at 184–87; Sheena S. Iyengar & Mark R. Lepper, Rethinking the Value of Choice: A Cultural Perspective on Intrinsic Motivation, 76 J. OF PERSONALITY & SOC. PSYCHOL. 349 (1999); Sheena S. Iyengar & Mark R. Lepper, When Choice is Demotivating: Can One Desire Too Much of a Good Thing?, 79 J. OF PERSONALITY AND SOC. PSYCHOL. 995 (2000); see also BARRY SCHWARTZ, THE PARADOX OF CHOICE (2004).
6. “Death of freedom” was a comment of Tennessee Congresswoman Marsha Blackburn during the health care reform debate, as quoted in Ezra Klein, Health Care and Freedom, WASH. POST, Mar. 21, 2010; “growth of personal responsibility” and “movement to choice” were invoked by a newsletter published by the Center for Health Transformation, founded by former speaker of the House Newt Gingrich. Ronald Bachman, ObamaCare, Megatrends, and Consumerism, CONSUMERISM CORNER Vol.1, No. 1, available at http://www.healthtransformation.net.
7. For the statements of the Workforce Fairness Institute, see their “issues” page at http://www.workforcefairness.com; for the Facebook group, see The Employee Free Choice Act (EFCA) Is Bad for America, http://www.facebook.com/group.php?gid=35899106329; for the U.S. Chamber of Commerce page on the Employee Free Choice Act, see the “issues” tab for “labor” at http://www.uschamber.com.
8. Personal Responsibility in Food Consumption Act of 2005, H.R. 554, 109th Cong. (2005); for text and history, see http://www.govtrack.us.
9. Couric’s interview of Palin is available at Katie Couric, Palin Opens Up on Controversial Issues, www.cbsnews.com, Sept. 30, 2008.
10. RICKIE SOLINGER, BEGGARS AND CHOOSERS: HOW THE POLITICS OF CHOICE SHAPED ADOPTION, ABORTION, AND WELFARE IN THE UNITED STATES 4–5 (2002).
11. Odorizzi v. Bloomfield School District, 54 Cal. Rptr. 533 (1966).
12. Fain v. Commonwealth, 78 Ky. 183 (1879).
13. See Deborah W. Denno, Crime and Consciousness: Science and Voluntary Acts, 87 MINN. L. REV. 269, 275 (2002) (“Doctrinally, all criminal liability depends on one ‘fundamental predicate’: A defendant’s guilt must be based on conduct and that conduct must include a ‘voluntary act’ or omission to engage in a voluntary act that the defendant was capable of performing.”); John