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Articles 1741 - 1766 of 1766
Full-Text Articles in Law
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Stacey R Jessiman
This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins
George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira P. Robbins
Ira P. Robbins
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
The Religious Freedom Restoration Act: Responding To Smith; Reconsidering Reynolds, Keith Jaasma
Keith Jaasma
This comment examines the cae of Employment Division, Department of Human Resources of Oregon v. Smith, and Congress' response to that decision in the Religious Freedom Restoration Act (RFRA). The Comment further examines whether the Supreme Court's 1879 Decision in Reynolds v. United States, which upheld laws against polygamy in the Utah Territory, would continue to be viable in light of the RFRA and Free Excercise Clause cases that have been decided since.
What's Wrong With Exploitation?, Justin Schwartz
What's Wrong With Exploitation?, Justin Schwartz
Justin Schwartz
Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …
Rediscovering The Constitution, Jack Tsen-Ta Lee
Rediscovering The Constitution, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson
Kenneth Anderson
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Brian Slattery
No abstract provided.
The Wrongful Death Of Bob Black, C. Peter Erlinder
The Wrongful Death Of Bob Black, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
From Libertarianism To Egalitarianism, Justin Schwartz
From Libertarianism To Egalitarianism, Justin Schwartz
Justin Schwartz
A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
Bartram Brown
No abstract provided.
Rights, Communities, And Tradition, Brian Slattery
Rights, Communities, And Tradition, Brian Slattery
Brian Slattery
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.
Vietnam On Trial: A Conceptual Framework For Presenting And Explaining Ptsd In A Forensic Setting, C. Peter Erlinder
Vietnam On Trial: A Conceptual Framework For Presenting And Explaining Ptsd In A Forensic Setting, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson
Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson
Kenneth Anderson
Post-Traumatic Stress Disorder, Vietnam Veterans And The Law: A Challenge To Effective Representation, C. Peter Erlinder
Post-Traumatic Stress Disorder, Vietnam Veterans And The Law: A Challenge To Effective Representation, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder
Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder
Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.