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Full-Text Articles in Law

The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle Jan 2004

The Transformation Of The International Legal System: The Post-Westphalian Legal Order, Eric A. Engle

Eric A. Engle

Traces the rise and decline of the national state as hermetic juridical atom (realist 'billiard ball' theory) and its replacement by a multilevel theory which sublimates state power upward as it dissolves it downward to non-state actors. Argues that classical sovereignty created and encouraged war and that post-Westphalian world is integrated networked and much more stable. Citations from the text: The rise of private rights and duties under national and international law enforced through universal jurisdiction and supranational trading systems both global and regional together mark the end of the Westphalian state system. ... In this system, states were the …


Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle Jan 2004

Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle

Eric A. Engle

Corporate social responsibility proposes non-binding self governance mechanisms on corporations as a preventative remedy to human rights. This article sceptically analyzes the CSR movement and proposes ways to make non-binding governance more effective.


Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle Jan 2004

Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle

Eric A. Engle

Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.


An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric A. Engle Jan 2004

An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric A. Engle

Eric A. Engle

This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.


The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle Jan 2004

The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle

Eric A. Engle

Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.