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Articles 1 - 30 of 31
Full-Text Articles in Law
Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle
Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle
Eric A. Engle
Aristotle was the greatest scientist in western history. He established the scientific paradigm and the instruments thereof (materialism and logic). His work covered all basic sciences: Astronomy, Botany, Logic, Mathematics, Meteorology Philosophy, Psychology and Political Science. Aristotle's conception of justice pervades the law and heavily influenced the Anglo-Saxon court system to this day. Yet, the mark of a hero in Greek tragedy is his tragic flaw. Aristotle was not only a great scientist. He was also racist, sexist and homophobic - he thought slavery was natural and good. This tragic flaw in Aristotle's work has distorted all of western thought …
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Eric A. Engle
This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …
Death Is Unconstitutional: How Capital Punishment, Eric A. Engle
Death Is Unconstitutional: How Capital Punishment, Eric A. Engle
Eric A. Engle
Argues that capital punishment is unconstitutional as a violation of natural law because the punishment is disproportional, uncertain, and irrevocable.
Insider Trading: Incoherent In Theory, Inefficient In Practice, Eric A. Engle
Insider Trading: Incoherent In Theory, Inefficient In Practice, Eric A. Engle
Eric A. Engle
Insider trading: The words alone evoke conflicting feelings of jealousy and greed. But what is wrong with insider trading? Nothing. In fact, insider trading is good for the economy. Insider trading results in an efficient allocation of capital and thus makes the world wealthier.
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle
Eric A. Engle
Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological progress which makes human extinction possible also makes global governance possible through nearly instant global communication and travel. The possibility for global governance confronts the reality of an archaic and inapt juridical concept. Sovereignty must be reconceptualized and understood as a relative and partial power shared at multiple levels in an intensively networked world rather than in …
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
Eric A. Engle
Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …
Knight's Gambit To Fool's Mate: Beyond Legal Realism, Eric A. Engle
Knight's Gambit To Fool's Mate: Beyond Legal Realism, Eric A. Engle
Eric A. Engle
In the 1930s the American left took the gambit of abandoning objective moral values to implement a socially redistributive agenda. The result has been a long term debacle with a complete isolation of the left wing in American political life for by abandoning objective moral values the left also abandoned its own ability to claim morality and empowered thereby economic values as the only remaining objective value. This article traces the theoretical failures of the left which resulted over time in the political isolation of the left and suggest ways to change that.
Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle
Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle
Eric A. Engle
Greenmail denotes the decision by a corporation's board of directors to repurchase its shares that are held by a corporate raider, often at a significant premium, thereby keeping the board of directors in office. It may represent a conflict of interest between the corporation's shareholders and the board of directors. While greenmail is legal, 50% of greenmail gains are subject to taxation. This Article argues that greenmail has a healthy role in a competitive market economy.
European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle
European Law In American Courts: Foreign Law As Evidence Of Domestic Law, Eric A. Engle
Eric A. Engle
The article outlines instances where the U.S. Supreme Court has considered E.U. laws (and foreign law, generally) in its decision making process to explain how and when foreign law may be succesfully invoked by litigants.
What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle
What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle
Eric A. Engle
Though in theory shareholders have several ways to influence their corporation's behavior, in practice they generally cannot. This may explain the absence of literature on binding governance mechanisms to protect human rights: remedies which theoretically exist are ineffective in practice. To remedy this problem, this article recommends that the few existing mechanisms should be used whenever possible, reformed to become better, and that the SEC should require companies to report on their human rights, environmental, and labor elations practices because that information is material to investment decisions. The risks can be shown in terms of cold cash: corporations which violate …
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle
Eric A. Engle
Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
Eric A. Engle
The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Eric A. Engle
The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.
Universal Human Rights: A Generational History, Eric A. Engle
Universal Human Rights: A Generational History, Eric A. Engle
Eric A. Engle
The article outlines the generational theory of human rights evolving from first generation procedural individual freedoms from through second generation collective rights to into third generational aspirational goals. That model is generally true but womens rights and rights of non-white persons do not perfectly fit into that model being approximately one or even two generations delayed.
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle
Eric A. Engle
The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.
Alien Torts In Europe? Human Rights And Tort In European Law, Eric A. Engle
Alien Torts In Europe? Human Rights And Tort In European Law, Eric A. Engle
Eric A. Engle
Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It concludes that the laws examined are examples of universal jurisdiction and rights and duties of private persons under international law, which are two key elements of the post-Westphalian state system.
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Eric A. Engle
Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.
The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle
The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle
Eric A. Engle
Traces the rise and decline of the national state as hermetic juridical atom (realist 'billiard ball' theory) and its replacement by a multilevel theory which sublimates state power upward as it dissolves it downward to non-state actors. Argues that classical sovereignty created and encouraged war and that post-Westphalian world is integrated networked and much more stable. Citations from the text: The rise of private rights and duties under national and international law enforced through universal jurisdiction and supranational trading systems both global and regional together mark the end of the Westphalian state system. ... In this system, states were the …
Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle
Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle
Eric A. Engle
Corporate social responsibility proposes non-binding self governance mechanisms on corporations as a preventative remedy to human rights. This article sceptically analyzes the CSR movement and proposes ways to make non-binding governance more effective.
Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle
Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle
Eric A. Engle
Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.
An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric A. Engle
Eric A. Engle
This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
Eric A. Engle
Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.
Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle
Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle
Eric A. Engle
Both the New International Economic Order ("NIEO") and the New World Order (NWO) have failed to end poverty in the third world, most notably in Africa. The failure of these two theories, themselves responses to the failure of the Westphalian state system, and the material facts of globalisation present an opportunity to elaborate a new law of nations. Abandoning the Westphalian model is the best way forward, not only because of the technological revolution in the first world, but also for cultural reasons in Africa, where borders almost never correspond to nations.
Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle
Smoke And Mirrors Or Science? Teaching Law With Computers - A Reply To Cass Sunstein On Artificial Intelligence And Legal Science, Eric A. Engle
Eric A. Engle
The article explores the possibilities and limits of AI for teaching and modeling law.
The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle
The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle
Eric A. Engle
Argues that the DSB of the WTO represents one instance of the globalization of the rule of law.
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
When Is Fair Use Fair?: A Comparison Of E.U. And U.S. Intellectual Property Law, Eric Engle
Eric A. Engle
Analyzes whether U.S. exception to copyright for fair use of materials is consistent with WTO TRIPS. Concludes it is based on economic argument.
Kelsen : Un Régard Critique, Eric A. Engle
Kelsen : Un Régard Critique, Eric A. Engle
Eric A. Engle
La pensee du Kelsen souffre des contradictions internes a cause d'une ontologie materialiste et une epistemologies relativiste. L'article les expose.
La Logique Juridique Et Son Critique Dite Post Moderne, Eric A. Engle
La Logique Juridique Et Son Critique Dite Post Moderne, Eric A. Engle
Eric A. Engle
L'article presente et critique la perspective post-moderne sur la logique.
Les Droits De L'Homme Dans L'Union Soviétique , Eric A. Engle
Les Droits De L'Homme Dans L'Union Soviétique , Eric A. Engle
Eric A. Engle
L'aritcle expose la conception de la légalité socialiste afin de situer le UdRSS.