I shall be arguing that in all the pertinent circumstances, Runyon v. McCrary should not be overruled unless it was grossly, utterly, and destructively wrong. Obviously, I believe no such demonstration is possible.
This Article retraces the path of history back to the origins of the privilege against self-incrimination and rediscovers a cluster of rights, embraced by the historical “privilege,” which are today no longer associated with the fifth amendment. The central thesis of this Article is that, because of our ignorance of history, we have failed to distinguish analytically between the historical “privilege” against self-incrimination and the relatively more recent right against…
As this Article’s purpose is mainly to determine if historically Congress desired annual accounting to be tempered by some policies that conflict with those behind annual accounting, this Article will forego the use of economic and financial models in favor of an examination of the historical context in which the early annual accounting provisions developed in the statutory and regulatory scheme. The decision not to engage in economic and financial…