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Articles 1 - 11 of 11

Full-Text Articles in Law

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder Aug 2000

Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron May 2000

Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron

Charles H. Baron

Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.


Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel Jan 2000

Analogical Reasoning As Translation: The Pragmatics Of Transitivity, Jonathan Yovel

Jonathan Yovel

This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity of analogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well as proposes how these borders may be manipulated. The theoretical insight is to treat analogical relations anaphorically, as ...


What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel Jan 2000

What Is Contract Law 'About'? Speech Act Theory And A Critique Of 'Skeletal Promises', Jonathan Yovel

Jonathan Yovel

What is contract law about? One way of looking at it is to conceive of the subject-matter of contract law in terms of promises - just as tort law arguably revolves around the concepts of accident or harm. Much like accidents - first-year law students are taught - promises are out there in the world, to be classified and distinguished so as to privilege some with legal enforceability. There is a language/world of promises, this approach seems to indicate, and a language/world of contracts. It is a main function of contract law to perform translations from the one to the other ...


Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck Dec 1999

Open Heart Surgery: Reform Of Labour Mediation Regime In Sweden, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck Dec 1999

Kyrkans Sociallära - En Lära För Vår Tid? [Social Teaching Of The Catholic Church – A Teaching For Our Time?], Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis Dec 1999

"Culturing" Survival : Afro-Caribbean Migrant Culture And The Human Rights Of Women Under Globalization, Hope Lewis

Hope Lewis

These remarks were delivered at the 93rd Annual Meeting of the American Society of International Law (24-27 March 1999, Washington, DC) for a panel on the rule of law vs. cultural authority. The reality for working-class Afro-Caribbean women migrants (called "lionheart gals" by one Caribbean feminist organization) is that both "the rule of law" and "cultural authority" can enhance, or undermine, the protection of fundamental human rights. For lionheart gals, the choice is not between a liberating rule of law and a static, cocoonlike cultural authority. For them, the primary imperative is to use law and culture in a creative ...


Sweden. National Monograph, Reinhold Fahlbeck Dec 1999

Sweden. National Monograph, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


Employee Loyalty In Sweden, Reinhold Fahlbeck Dec 1999

Employee Loyalty In Sweden, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.


"Franco's Spain, Queer Nation?", Gema Pérez-Sánchez Dec 1999

"Franco's Spain, Queer Nation?", Gema Pérez-Sánchez

Gema Pérez-Sánchez

This Article discusses how, through its juridical apparatus, the Spanish dictatorship of Francisco Franco sought to define and to contain homosexuality, followed by examples of how underground queer activism contested homophobic laws. ... Part III illustrates the social and cultural legacy of queer activism against Francoist laws on homosexuality through an analysis of Eduardo Mendicutti's novel Una mala noche la tiene cualquiera Anyone Can Have A Bad Night and the young, urban culture, post-Franco context of supposed historical amnesia in which it was produced. ... As the power of Francoism and its institutions waned during the last years of the dictatorship ...


Humanitarian Intervention At A Crossroads, Bartram Brown Dec 1999

Humanitarian Intervention At A Crossroads, Bartram Brown

Bartram Brown

No abstract provided.