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Articles 1 - 16 of 16

Full-Text Articles in Law

Bioethics With A Human Face, Carl E. Schneider Oct 1994

Bioethics With A Human Face, Carl E. Schneider

Articles

This Article and the successor article I will shortly publish grow out of one reaction I have had to years of reading bioethical and legal literature. Let me begin by putting the point in its simplest, even crudest, form: That literature too often discusses the problems of health care in so disembodied and denatured a way that the patients and physicians, the family and friends, the dread and the disease are quite abstracted from the scene. The result is a literature that critically limits itself and that crucially oversimplifies the issues it confronts. There are, of course, reasons bioethical and ...


Public Interest Organizations Oct 1994

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.


The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz Sep 1994

The Endurance Of The Felony-Murder Rule: A Study Of The Forces That Shape Our Criminal Law, James J. Tomkovicz

Washington and Lee Law Review

No abstract provided.


Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild Sep 1994

Epstein And Levmore: Objections From The Right?, Emily Sherwin, Maimon Schwarzschild

Cornell Law Faculty Publications

No abstract provided.


Bioethics In The Language Of The Law, Carl E. Schneider Jul 1994

Bioethics In The Language Of The Law, Carl E. Schneider

Articles

What happens when the language of the law becomes a vulgar tongue? What happens, more particularly, when parties to bioethical discourse are obliged to borrow in their daily controversies the ideas, and even the language, peculiar to judicial proceedings? How suited are the habits, taste, and language of the judicial magistrate to the political, and more particularly, the bioethical, questions of our time? We ask these questions because, as the incomparable Tocqueville foresaw, Americans today truly do resolve political-and moral--questions into judicial questions. As Abraham Lincoln hoped, the Constitution "has become the political religion of the nation," and many Americans ...


Public Interest Organizations Jul 1994

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.


Incommensurability And Valuation In Law, Cass R. Sunstein Feb 1994

Incommensurability And Valuation In Law, Cass R. Sunstein

Michigan Law Review

In this article I explore two claims and discuss their implications for law. The first claim is that human values are plural and diverse. By this I mean that we value things, events, and relationships in ways that are not reducible to some larger and more encompassing value. The second claim is that human goods are not commensurable. By this I mean that such goods are not assessed along a single metric. For reasons to be explored, the two claims, though related, are importantly different.


A Functional Analysis Of Criminal Law, Paul H. Robinson Jan 1994

A Functional Analysis Of Criminal Law, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson Jan 1994

The Role Of Harm And Evil In Criminal Law: A Study In Legislative Deception?, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


The Positive Political Dimensions Of Regulatory Reform, Daniel B. Rodriguez Jan 1994

The Positive Political Dimensions Of Regulatory Reform, Daniel B. Rodriguez

Washington University Law Review

This Article is concerned with two critical and interrelated questions in American public law. The first question is how the law should regulate politics. Specifically, how can legal doctrine be brought to bear on processes of politics and political decisionmaking in order to produce superior outcomes and to improve the operations of political process? The second question is how the law should deal with the modem regulatory process.


A Contractual Approach To Data Privacy, Stephanos Bibas Jan 1994

A Contractual Approach To Data Privacy, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


Positivism Regained, Nihilism Postponed, Jose E. Alvarez Jan 1994

Positivism Regained, Nihilism Postponed, Jose E. Alvarez

Michigan Journal of International Law

Review of Law-Making in the International Community by G.M. Danilenko


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don ...


Are Criminal Codes Irrelevant?, Paul H. Robinson Jan 1994

Are Criminal Codes Irrelevant?, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater Jan 1994

From The Beginning, A Fundamental Shift Of Paradigms: A Theory And Short History Of Environmental Law, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Looking back on the past twenty-five years, during which environmental law has developed such astonishing breadth, depth, and volume, the author suggests that it is possible to sketch a compound proposition about how environmental law evolved, the primacy of citizen litigation in its development, and what it all may signify. By exploring two paradigm shifts within the field, the author offers suggestions for why environmental law has been so energetic, broad-ranging, and often confrontational, and where environmental law may be going.


Public Interest Organizations Jan 1994

Public Interest Organizations

California Regulatory Law Reporter

No abstract provided.