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Full-Text Articles in Law
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham
Articles
A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
The Next Generation Of U.S.-Africa Trade Instruments, Kathleen Claussen
Articles
No abstract provided.
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
Articles
The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker
Articles
Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
A Match Made On Earth: Getting Real About Science And The Law, Susan Haack
Articles
Modern legal systems increasingly depend on scientific testimony; but they also need somehow to ensure, so far as possible, that fact-finders aren't misled by highly speculative, poorly-conducted, or dishonestly-presented science. The Critical Common-sensist understanding of science that the author has developed in Defending Science and elsewhere sheds some light on why these interactions between law and science have proven so problematic. But Ms. Acharya's approach to these difficult issues rests on a flawed conception of the supposed "scientific method, " and an idea of legal "legitimacy" too weak to bear the weight she places on it; and her claim that …
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Articles
No abstract provided.
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack
Articles
No abstract provided.
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Constitutional Patriotism, Citizenship And Belonging In America And Germany, David Abraham
Articles
No abstract provided.
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino
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No abstract provided.
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Corruption In Mexico: Implications For U.S. Foreign Policy, Keith S. Rosenn
Articles
No abstract provided.
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen
Articles
No abstract provided.
Comment, Bernard H. Oxman
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.