Law Commons^™

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Scholarly Articles

This article reflects on the nature of the key social justice questions of our time. It then explores five broad principles of Catholic social thought that may be brought to bear on those questions.

To Urge Common Sense On The Americans: United States' Relations With France, Great Britain, And The Federal Republic Of Germany In The Context Of The Vietnam War, 1961-1968, Eugenie M. Blang

Dissertations, Theses, and Masters Projects

America's Vietnam War had profound ramifications beyond its immediate effect on Southeast Asia and the United States. This dissertation utilizes the debate over Vietnam between the United States and its major European allies, Britain, France, and West Germany, as an analytical framework to examine inter-allied relations. The "Vietnam problem" strained the traps-Atlantic alliance and revealed the respective self-interest of the four member nations. The British, French, and West Germans had serious misgivings about the American strategy in Vietnam, based on a differing view of the nature of the conflict and a pessimistic assessment of American chances for success in South …

The Ius Commune, Suretyship, And Magna Carta, Kenneth Pennington

Scholarly Articles

No abstract provided.

Research Grants: Problems And Options, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Researchers often complain about research grant schemes, but usually within a narrow frame of reference. Looking more broadly, problems with grant schemes can be classified as bias, waste, discouragement and orientation to interests. There are various ways to allocate research funds, including administrative decision, peer review, performance-based allocation, equality and community-based bids. Each has different sorts of problems and serves different interests. By looking at diverse systems for allocating research funds, some of the assumptions underlying usual discussions become more apparent. Recent changes in Australian government policy on higher education research are examined using the framework provided here.

Defamation Havens, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

Defamation law is frequently used to suppress free speech. The Internet provides a means to challenge this. A country without laws against defamation could become a "defamation haven" by providing Web sites and publication assistance. A more immediate alternative is reproducing material on multiple Web sites, thus creating a "virtual defamation haven." Struggles over defamation on the Internet illustrate the way media forms are influencing free speech battles.

Garantías Mercantiles Del Crédito Y Democracia: Un Estudio Doctrinal, Luis Gomez Romero

Faculty of Law, Humanities and the Arts - Papers (Archive)

Introduccion; I. El credito y su garantia desde la perspec-tiva economica; II. Las garantias del credito frente a los principios de igualdad juridica y justicia social; III. El caracter instrumental de la garantia en el marco de la Teoria General del Derecho; IV. Dos visiones de las garantias del credito: cumplimiento efectivo vs. cumplimiento optico; V. Las garantias del credito frente al acceso a la justicia; VI. La ejecucion de las garantias del credito y los principios del debido proceso; Epilogo; Bibliografia.

The Muggletonian Message: E. P. Thompson, William Blake And Intellectual Radicalism, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

I read Witness Against the Beast: William Blake and the Moral Law (Cambridge University Press) soon after it was published in 1993, and following the death that same year of its author, veteran radical historian and anti-nuclear campaigner E P Thompson.

I found the book a source of strength because it dealt with themes and issues I was grappling with as the Greedy 1980s gave way to the Economic Rationalism of the 1990s, corporate banditry, and as post-Cold War intellectuals heaped scorn on anyone who still took socialism and/or Marxism seriously. For me Thompson’s book was a statement of radical …

Threats To Democracy: Conference Proceedings: The Corporate Assault On Democracy., S. Beder

Faculty of Law, Humanities and the Arts - Papers (Archive)

Thank you for inviting me. The issue in the news at the moment, of course, is the Laws-Jones Affair and ‘Cash for Comment’. But what I would like to point out is that this is just the tip of the iceberg of what’s going on in our society. The corporations are not just using journalists to put forward the corporate point of view but they are using every institution of our society. They are using universities, schools, think tanks, and research institutes–anyone they can get who is willing to put the corporate point of view–rather than be up-front and put …

Renewing Cultural Studies, Philip Marshall

Faculty of Law, Humanities and the Arts - Papers (Archive)

Renew is an awkward word. Its prefix seems to make its idea of something 'new' impossible. And everyday experience further underlines the contradiction. My first memory of using the word 'renew' was related to the anxiety of library overdue books: renewing those books was a pragmatic way to avoid the impending fines.

This is a useful starting point for pondering any cultural moment of renewal. Renew describes the impetus towards change while acknowledging the past's weighted effect on producing any transformation. It articulates a challenged continuity rather than a break or discontinuity with a particular past. Where I would like …

Convivial Media, Brian Martin, Wendy Varney

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Net has been used in numerous episodes of people's action in varying ways, from straightforward communication to Website blockades and sabotage. Here we look briefly at two Net campaigns: the campaign against the Multilateral Agreement on Investment (MAI) and the ongoing Net campaign in support of the Zapatistas in Mexico. These case studies help provide insight into features of "convivial media" that activists should be using and promoting.

Pro-Activity, Partnership And Prevention: The Uk Contribution To Policing Organised Crime In Europe, Clive Harfield

Faculty of Law, Humanities and the Arts - Papers (Archive)

Whatever the outcome of political initiatives within the European Union (EU) and other European states regarding closer integration of political and economic institutions, there has long been evident an increasing integration and cooperation amongst the higher echelon of criminals across the continent.1 Whether or not the EU expands its membership, refines its constitution, harmonises the laws of Member States or even disintegrates, law enforcement agencies across Europe will continue to have to deal with the significant threat posed to national and global infrastructures by the free market of organised crime (Fiorentini & Peltzman, 1995; see also Williams, 1998: 265-8). This …

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

The Moral Metaphysics Of Causation And Results, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Framed: Utilitarianism And Punishment Of The Innocent, Guyora Binder, Nicholas J. Smith

Journal Articles

This paper is a defense of utilitarian penology, against the familiar retributivist charge that it promotes framing the innocent, and other charges similarly depending on the notion that utilitarianism encourages officials to deceive the public. Our defense proceeds from the striking fact that utilitarianism's critics do not cite textual evidence that the originators of utilitarian penology in fact endorsed punishing the innocent or deceiving the public. Instead, critics claim that these unsavory policies follow logically from the premises of utilitarianism. Our argument, in brief, is that the charge of framing the innocent rests on a misunderstanding of utilitarian penology. We …

Second-Parent Adoption By Same-Sex Couples In Ohio: Unsettled And Unsettling Law, Susan J. Becker

Law Faculty Articles and Essays

Ohio law regarding second-parent adoptions remains unsettled. Section II of this article provides an overview of Ohio adoption law. Section III presents the case of In re Jane Doe, starting with the decision of the lesbian couple to jointly bring a child into this world, and continuing with the efforts of both mothers to obtain legal recognition for the de facto parent's status through adoption, and the legal strategies employed by the mothers' attorneys, also addressed are the court-appointed Guardian Ad Litem (GAL), the social science data supplied by the amicus curiae to help the court reach a fully informed …

Designing Electronic Casebooks That Talk Back: The Cato Program, Kevin D. Ashley

Articles

Electronic casebooks offer important benefits of flexibility in control of presentation, connectivity, and interactivity. These additional degrees of freedom, however, also threaten to overwhelm students. If casebook authors and instructors are to achieve their pedagogical goals, they will need new methods for guiding students. This paper presents three such methods developed in an intelligent tutoring environment for engaging students in legal role-playing, making abstract concepts explicit and manipulable, and supporting pedagogical dialogues. This environment is built around a program known as CATO, which employs artificial intelligence techniques to teach first-year law students how to make basic legal arguments with cases. …

Transitional Justice, Ruiti G. Teitel

Books

Ruti Teitel explores the ways in which a society should respond to evil rule. This is an insightful analysis of one of the most fundamental political science issues of our times - how the emerging democracies in Eastern Europe and elsewhere should deal with the legal systems inherited from their authoritarian pasts.

Should the past system be repudiated altogether? Should the leaders from the authoritarian period be punished? If so, how? Under what principles of law would punishment be justified, given that the leaders were, in general, acting legally according to the legal systems in effect at the time? This …

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Rationality And Responsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Perceiving Imperceptible Harms (With Other Thoughts On Transitivity, Cumulative Effects, And Consequentialism), Donald H. Regan

Book Chapters

Many writers believe there can be cases which satisfy the following description: starting from an initial state of affairs, it is possible to make a series of changes, none of which alters the value of the state of affairs in any way, but such that the final state of affairs that results from the series of changes is worse than the initial state of affairs. I shall call the claim that there can be such cases the "ex nihilo" claim, since in a sense it asserts that the bad effects of the complete series of changes arise ex nihilo. Proponents …

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …

"Merciless Indian Savages" And The Declaration Of Independence: Native Americans Translate The Ecunnaunuxulgee Document, John R. Wunder

American Indian Law Review

No abstract provided.

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

All Faculty Scholarship

No abstract provided.

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Possibility Of A Fair Paretian, Howard F. Chang

All Faculty Scholarship

No abstract provided.

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

All Faculty Scholarship

While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.