Law Commons^™

A Not So Distant Mirror: Federalism And The Role Of Natural Law In The United States, The Republic Of Ireland, And The European Community, Paul W. Butler, David L. Gregory

Vanderbilt Journal of Transnational Law

In this Article, Mr. Butler and Professor Gregory discuss the themes of federalism and natural law by examining United States, Republic of Ireland, and European Community cases regarding reproductive freedom, sexual preference, and divorce. The authors find a parallel between Ireland's difficulty in reconciling its Catholic values with the more secular human rights views of the European Community and the religious and social tension caused by federalism in the United States. While courts in both Ireland and the United States have used natural law to justify the level of substantive due process they accord privacy rights, the authors note that …

Environmental Policy In The 1990s, Denise D. Fort

Natural Resources Journal

No abstract provided.

Moral Responsibility In The Age Of Bureaucracy, David Luban, Alan Strudler, David Wasserman

Michigan Law Review

No twentieth-century writer has thought so deeply, or so yearningly, about natural law as Franz Kafka. Kafka's is a world in which we seek desperately to know the natural law that is sovereign in human affairs but find that knowledge of the law is withheld from us. For this reason, we lead our lives in a state of, if not original sin, then original guilt - guilt for violating the law, or perhaps guilt for not knowing the law, despite the fact that we wish to know it.

The Trial is Kafka's greatest elaboration of this theme. Joseph K. is …

Some Natural Confusions About Natural Law, Philip Soper

Michigan Law Review

To describe this renewed interest in natural law as a resurgence does imply, no doubt, that the ideas associated with the concept are too vital to be put permanently to rest; but resurgence also implies that natural law, for whatever reason, has been assigned the role of challenger to the reigning orthodoxy, rather than that of defending champ. By and large, this inference about the role assigned to natural law by the general public is, I think, correct. Natural law seems to evoke a degree of skepticism in our society that forces any theory that goes by the name to …

Moral Reality Revisited, Michael S. Moore

Michigan Law Review

Both the moral realist and the relational theses need clarification and motivation as much as they need defense. Because I have recently focused on the relational thesis, in this article I shall focus on the moral realist thesis. I shall ask three questions about the thesis. First, what does the thesis assert? This is a matter of clarifying what one means when one either asserts or denies that moral values are objective. Second, why should we care whether the moral realist thesis is true or false? I shall examine this question both in terms of the impact the truth or …

The Realm Of Rights, Richard J. Mooney

Michigan Law Review

A Review of The Realm of Rights by Judith Jarvis Thomson

Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen

Michigan Journal of International Law

This Note offers an alternative perspective on international human rights that seeks to bypass the dead-end universalist-cultural relativist debate, and proposes a concept of human rights that is harmonious with the modern collectivist and socialist Chinese order. Since human rights protect dignity, this study finds the source of human dignity in China in society, not in nature. This analysis opens the door to the development of a meaningful set of guaranteed individual rights for a socialist state and a Confucian order.

Coping With Uncertainty: Social Scientists, Engineers, And Federal Water Resources Planning, Martin Reuss

Natural Resources Journal

No abstract provided.

Role Of Science In Valuing Natural Resources After State Of Ohio V. Department Of Interior, 880 F.2d 432 (D.C. Cir. 1989), Ellen Louderbough

Natural Resources Journal

No abstract provided.

Contract For Nonbeneficial Use: New Mexico Water Law Is Drowned Out By Contract. (Margarito Trujillo And Swope Farm And Livestock Co. V. Cs Cattle Company And Eagle Nest Reservoir Corporation V. Angel Fire Corporation, 109 N.M. 705, 790 P.2d 502 (1990)), William Singdahlsen

Natural Resources Journal

No abstract provided.

Standing For Environmental Groups: Procedural Injury As Injury-In-Fact, Miriam S. Wolok

Natural Resources Journal

No abstract provided.

Tribes V. States: Zoning Indian Reservations, J. Bart Wright

Natural Resources Journal

No abstract provided.