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Articles 1 - 10 of 10
Full-Text Articles in Law
The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr.
The Medical/Legal/Human Disconnect In Cure Cases: A Proposal For Reform, Thomas C. Galligan Jr.
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The obligation of a vessel owner to provide a seaman with cure or medical treatment for injuries or conditions which were either caused by the seaman’s service of the ship or which manifested themselves during that service is of ancient origin. The obligation lasts until the seaman attains what the courts call maximum medical improvement, a medical decision, even if further treatment would ease the seaman’s pain or prevent relapse or degeneration of the seaman’s condition. Under the traditional rules, if medicine could not fix the seaman’s problem, then the obligation to provide cure ceased. These old rules are out …
The Green New Deal And Green Transitions, Nicholas Bryner
The Green New Deal And Green Transitions, Nicholas Bryner
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In February 2019, Representative Ocasio-Cortez and Senator Markey introduced a "Green New Deal" Resolution in Congress, calling for a tenyear mobilization toward action on climate change, socioeconomic inequality, and other issues. A Green New Deal--evoking the language of FDR-erapolicy--envisions a transition to a green economy that is integrated with concern for the social and economic welfare of those who are most harmed by environmental degradation and those who are most likely to be displaced by the reinvention ofU.S. infrastructure and energy systems. This Article addresses the need for engaging with regulatory transition theory in order to assess the legal, policy …
Balancing Principles In Judicial Adjudication: The Gaps Of Rationality In The Conviction Of Illegal Immigrants, Lécia Vicente
Balancing Principles In Judicial Adjudication: The Gaps Of Rationality In The Conviction Of Illegal Immigrants, Lécia Vicente
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Weighing principles and considering rules in the context of judicial adjudication to create a general theory of State and Law is a challenge of hermeneutics that the Author makes. To meet this challenge the Author uses a decision of an administrative court in Portugal -the Tribunal Administrativo Central Norte. The fact-pattern of that decision involved a foreign citizen living illegally in the country. While illegally residing in the country, that citizen was a victim of a crime of bodily harm. She complained to the police. The police asked her for her passport to proceed with the claim. They realized she …
Explorations With Charlie Sullivan: Theorizing A Different Universe Of Employment Discrimination, William Corbett
Explorations With Charlie Sullivan: Theorizing A Different Universe Of Employment Discrimination, William Corbett
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No abstract provided.
Blocking Blockage, Ken M. Levy
Blocking Blockage, Ken M. Levy
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The Blockage Argument is designed to improve upon Harry Frankfurt’s famous argument against the Principle of Alternative Possibilities (PAP) by removing the counterfactual intervener altogether. If the argument worked, then it would prove in a way that Frankfurt’s argument does not that moral responsibility does not require any alternative possibilities whatsoever, not even the weakest “flicker of freedom” (such as the possibility of avoiding voluntary action).
Some philosophers have rejected the Blockage Argument solely on the basis of their intuition that the inability to do otherwise is incompatible with moral responsibility. I will argue, however, that it is not merely …
Premature Celebration: Obergefell Offers Little Immigration Relief To Binational Same-Sex Couples, Darlene Goring
Premature Celebration: Obergefell Offers Little Immigration Relief To Binational Same-Sex Couples, Darlene Goring
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No abstract provided.
It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy
It’S Not Too Difficult: A Plea To Resurrect The Impossibility Defense, Ken Levy
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No abstract provided.
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
Exploring The Boundaries Of Municipal Bankruptcy, Christopher J. Tyson
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Municipal fiscal insolvency has become the central challenge facing American cities. Municipal fiscal insolvency is the result of many factors, including risk taking, fiscal mismanagement, corruption, and the absence of political will to make hard choices. There are also structural factors at play-specifically, local government organization and the fiscal constraints states place on their subdivisions play a significant role in the ability of municipalities to achieve sustainability and growth. These factors are rarely included in the discussion on municipal fiscal insolvency, and understandably so. It is hard to determine the role that local government organization plays in undermining the fiscal …
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring
Cold Comfort: Sec. 1983 As The Exclusive Damages Remedy For Violations Of Sec. 1918 By State Actors, Darlene Goring
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No abstract provided.
Insurable Interest In Maritime Law, Joseph T. Bockrath
Insurable Interest In Maritime Law, Joseph T. Bockrath
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No abstract provided.