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Articles 1 - 7 of 7
Full-Text Articles in Law
Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison
Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison
IUSTITIA
What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh
IUSTITIA
It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …
The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda
The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda
IUSTITIA
In this paper I have two main purposes: (i) to outline the most general structure of morality, which is the fundamental schema of a good society, and (ii) to indict most of the mainstream views in the history of moral philosophy for their unchecked tendency toward reductionism and oversimplification. The tendency to oversimplification appears both in the gathering of the data for philosophical theorizing and in the theorizing itself. I will also point out another major recurring error in moral philosophy. I envision the day when moral philosophers, after examining their ontological and their methodological assumptions, rally to the banner …
Sanctions And Deviance: Another Look, Herbert Kritzer
Sanctions And Deviance: Another Look, Herbert Kritzer
IUSTITIA
In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …
The Abused Child And His Parents, Richard David Young
The Abused Child And His Parents, Richard David Young
IUSTITIA
Children in our society pass through a prolonged period of dependency during which they are taught the complex technological and social skills necessary for successful adult functioning. The child's experiences during this period can have profound effects on the development of his potential for meaningful interpersonal relationships, competency, and creativity. The child's dependence needs are the complement of the caretaker's nurturance. When nurturance fails or is inconsistent, societal loss merges with individual tragedy. Yet nurturance does occasionally fail. Some of those charged with the care of children abdicate their responsibilities, and do not provide the physical and/or emotional necessities for …
Informed Consent And Medical Experimentation, George H. Martin Jr.
Informed Consent And Medical Experimentation, George H. Martin Jr.
IUSTITIA
Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust
IUSTITIA
The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …