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Articles 151 - 180 of 269
Full-Text Articles in Law
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Law Without Authority: Sources Of The Welfare State In Spinoza's Tractatus Theologico-Politicus, Arthur J. Jacobson
Articles
In his Tractatus Theologico-Politicus (1670), Spinoza mounts an attack on authority in all its forms, including the authority of law and the state. Because authority in all its forms is a product of the imagination, obligation can never be justified. The subjects of Spinoza's commonwealth have no duties, only rights. Spinoza replaces the authority of the commonwealth with the welfare of subjects as the sign and the source of the commonwealth's flourishing. Spinoza was thus the first to propose that the only way for commonwealths to maintain the illusion of authority is by attending to the welfare of their citizens.
Was Spinoza A Jewish Philosopher, J. David Bleich
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
The Market For Contingent Fee-Financed Tort Litigation: Is It Price Competitive?, Lester Brickman
Articles
Tort liability has undergone an enormous expansion in the past 40 years. So too has the effective hourly rate obtained by plaintiff lawyers which has increased well over 1000% in that time frame (adjusted for inflation). That the enormous increases in effective hourly rates parallel the enormous expansion in tort liability raises a number of issues. In this article, I examine one of them: whether the market for contingent fee-financing of tort litigation is price competitive. To do so, I examine certain indicia of a noncompetitive market including the fact of uniform pricing, the absence of economic justification for uniform …
The Traumatic Dimension In Law, David G. Carlson
The Traumatic Dimension In Law, David G. Carlson
Articles
This paper applies Jacques Lacan's theory of retrospective cause to the jurisprudence of H.L.A. Hart and his followers. The thesis is that "effect" (judicial decision) precedes "cause" (law). The proper tense for legal discourse is, therefore, future anterior. The following points follow from this: (1) Positivism asserts that law is not necessarily connected to morality, but this is a priori wrong. Law wishes to be separate from morality, but it necessarily fails. (2) The theory vindicates Dworkin's notorious "right answers" theory, but makes the additional point that there is only one answer: you are guilty; you failed to conform to …
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Queers Anonymous: Lesbians, Gay Men, Free Speech, And Cyberspace, Edward Stein
Articles
No abstract provided.
The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein
The Admissibility Of Expert Testimony About Cognitive Science Research On Eyewitness Identification, Edward Stein
Articles
Eyewitness identifications are important to jurors, especially in criminal trials. Psychological research has shown, however, that eyewitness testimony is systematically fallible in ways that undermine the goals of the rules of evidence. This article assesses the arguments for and against admitting expert testimony concerning cognitive science research about eyewitness identification. The article concludes that experts should in many instances be allowed to testify about the problems with eyewitness identification testimony.
The Securities Acts' Treatment Of Notes Maturing In Less Than Nine Months: A Solution To The Enigma, Wendy Gerwick Couture
The Securities Acts' Treatment Of Notes Maturing In Less Than Nine Months: A Solution To The Enigma, Wendy Gerwick Couture
Articles
No abstract provided.
The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon
The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon
Articles
No abstract provided.
Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren
Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren
Articles
No abstract provided.
A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens
A New Approach In Water Management Or Business As Usual? The Milk River, Montana, Barbara Cosens
Articles
No abstract provided.
The Usa Patriot Act: The Devil Is In The Details, Elizabeth Brandt
The Usa Patriot Act: The Devil Is In The Details, Elizabeth Brandt
Articles
No abstract provided.
Voluntary Impoverishment To Obtain Government Benefits, John A. Miller
Voluntary Impoverishment To Obtain Government Benefits, John A. Miller
Articles
No abstract provided.
Not Our Grandparents' Partnership Statute, Mark Anderson
Not Our Grandparents' Partnership Statute, Mark Anderson
Articles
No abstract provided.
University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin
University Of Idaho College Of Law's Seventh Annual Northwest Institute For Dispute Resolution Scheduled For May 19-23, 2003, Maureen Laflin
Articles
No abstract provided.
Empirical Studies: How Do Discrimination Cases Fare In Court? Proceedings Of The 2003 Annual Meeting Of The Association Of American Law Schools, Section On Employment Discrimination, Monique C. Lillard
Articles
No abstract provided.
Secession, Constitutionalism, And American Experience, Mark Brandon
Secession, Constitutionalism, And American Experience, Mark Brandon
Articles
No abstract provided.
Is There A Role For Lawyers In Preventing Future Enrons?, Kenneth M. Rosen, Jill E. Fisch
Is There A Role For Lawyers In Preventing Future Enrons?, Kenneth M. Rosen, Jill E. Fisch
Articles
Following the collapse of the Enron Corporation, the ethical obligations of corporate attorneys have received increased scrutiny. The Sarbanes-Oxley Act of 2002, enacted in response to calls for corporate reform, specifically requires the Securities and Exchange Commission to address the lawyer's role by requiring covered attorneys to "report up" evidence of corporate wrongdoing to key corporate officers, and, in some circumstances, to the board of directors. Failure to "report up" subjects a lawyer to liability under federal law.
This Article argues that the reporting up requirement reflects a second-best approach to corporate governance reform. Rather than focusing on the actors …
Democracy Realized One Classroom At A Time, Peter Goodrich
Democracy Realized One Classroom At A Time, Peter Goodrich
Articles
No abstract provided.
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
The Omen In Nomen: An Exemplary Dictionary Of Legal Names, Peter Goodrich
Articles
No abstract provided.
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Belgium’S Universal Jurisdiction Law: Vindication Of International Justice Or Pursuit Of Politics?, Malvina Halberstam
Articles
No abstract provided.
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Public Diplomacy And The Transformation Of International Broadcasting, Monroe Price
Articles
No abstract provided.
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld
Articles
Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg
Articles
No abstract provided.
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon
Articles
No abstract provided.
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
A Progressive Consumption Tax For Individuals: An Alternative Hybrid Approach, Mitchell L. Engler
Articles
Dissatisfaction with the existing income tax has increased in recent years. Practical problems with the income tax base create numerous loopholes, increasingly exploited by well-advised taxpayers. For the most part, these gaps are attributable to the income tax's "realization" requirement, under which taxpayers report gains and losses as "realized" through market transactions. A consumption tax appeals as a response to these significant current loopholes since "realization" loses its significance under a consumption-based tax. The consumption tax's appeal has been further enhanced by the recent and growing recognition of the narrow difference between income and consumption taxes, assuming away practical problems. …
Distrust Quotations In Latin, Peter Goodrich
Rulemaking, Michael Herz
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
Articles
In 2001 the Supreme Court, in Cooper Industries, Inc. v. Leatherman Tool Group, Inc. suggested that, although modern punitive damages punish, in earlier times they almost exclusively compensated for noneconomic damages that were ignored by a less progressive legal system. This article demonstrates that the historical foundation upon which the Supreme Court bases its argument is groundless. In the Eighteenth and Nineteenth Centuries punitive damages served a number of functions, but none of them were to provide the noneconomic damages identified by the court. Instead, as the article shows, the sort of injuries for which punitive damages were once demanded …
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
The Legal System's Use Of Epidemiology, Arthury H. Bryant, Alexander A. Reinert
Articles
Both law and science are truth-seeking endeavors. In at least one respect, lawyers and scientists are like Agent Mulder on the X-Files: we believe that the truth is out there and our goal is to find it. This article is devoted to exploring and improving the means by which law relies on scientific disciplines, particularly epidemiology, to ascertain the truth.
Retrenchment On Entrenchment, Stewart E. Sterk