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Articles 1 - 5 of 5

Full-Text Articles in Law

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia Dec 2011

The Gulf Cooperative Council And The Arab Spring, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Apathy In The Face Of Cruelty, Ahmed Souaiaia Dec 2011

Apathy In The Face Of Cruelty, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory Keating Jun 2011

Rawlsian Fairness And Regime Choice In The Law Of Accidents, Gregory Keating

Gregory C. Keating

Early in the 1970's George Fletcher wrote a remarkable article Fairness and Utility in Tort Theory—connecting distinctively Rawlsian ideas of fairness with reciprocity of risk imposition. Fletcher argued that nonreciprocity of risk both characterized realms of strict liability in tort and justified those realms, whereas reciprocity of risk characterized realms of tort law which were governed by negligence liability, and appropriately so. This article argues (1) against Fletcher’s identification of fairness in the choice of an accident law regime with the presence or absence of reciprocity of risk, and (2) in favor of focusing on the fair distribution of the …


Poverty As An Everday State Of Exception, Julie Nice Jan 2011

Poverty As An Everday State Of Exception, Julie Nice

Julie A. Nice

This essay applies the provocative theory of Italian philosopher Giorgio Agamben to Poverty Law. It is forthcoming as a book chapter in a multidisciplinary volume of papers exploring the relations between accumulation and insecurity. Professor Nice distills Agamben's theory of the state of exception, that the dominant paradigm of modern democracy is founded on the state's power to exclude from rights those who are otherwise included within the political order. Professor Nice posits that the state's abandonment of poor people exemplifies an everyday example of the state of exception. She illustrates how poor people lack meaningful constitutional protection, legal entitlement, …


Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon Dec 2010

Parent, Child, Husband, Wife: When Recognition Fails, Tragedy Ensues, Scott Fitzgibbon

Scott T. FitzGibbon

This article briefly notes some developments in the law and society of our present age regarding the understanding — the recognition — of marriage, fatherhood, motherhood, and the family. The article warns against a certain casualness, a confusion, perhaps even a certain promiscuity of thought, that has occasionally emerged in the law. Drawing on Sophocles' drama Oedipus the King and on the scriptural narrative of David and Bathsheba, the article investigates what might be called the "moral location" of the activity of recognition. It proposes that recognition of basic family forms is a process with a deep dimension. It apprehends …