Law Commons^™

The Political Economy Of Unfairness In U.S. Health Policy, Jonathan Oberlander

Law and Contemporary Problems

Oberlander discusses the political economy of unfairness in US health policy by first highlighting the moral issues raised by the US's system of financing medical care and then by analyzing the political dynamics that sustain that system.

Science, Humanity, And Atrocity: A Lawyerly Examination, Steven D. Smith

Michigan Law Review

Joseph Vining's reflection on (as the subtitle indicates) the claims of science and humanity begins with a terse but disturbing recitation of these and similar scientific experiments conducted on human beings during the twentieth century in Manchuria, Nazi Germany, and Pol Pot's Cambodia. The incidents are conveyed through quotations, sometimes of the coldly clinical prose that the researchers themselves chose as most suitable for their purposes. These quotations are juxtaposed against others from an array of distinguished scientists and philosophers explaining the naturalistic cosmology that, in the view of these thinkers, modern science has given us: it is a stark, …

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.

Defending Non-Combatants: A Reply To Richard Arneson, Burke Hendrix

Cornell International Law Journal

No abstract provided.

Redefining Combatants, David Whippman

Cornell International Law Journal

No abstract provided.

Someplace Between Philosophy And Economics: Legitimacy And Good Corporate Lawyering, Donald C. Langevoort

Fordham Law Review

No abstract provided.

Torture, Morality, And Law, Jeff Mcmahan

Case Western Reserve Journal of International Law

No abstract provided.

Combating Terrorism: Zero Tolerance For Torture, Richard Goldstone

Case Western Reserve Journal of International Law

No abstract provided.

War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

Prophecy And Casuistry: Abortion, Torture And Moral Discourse, M. Cathleen Kaveny

Journal Articles

In turn of the 21st century United States there are serious moral disputes over issues such as abortion and torture among persons who see themselves as belonging to the same moral tradition. These disputes have not given rise to fruitful discussion about differences, but instead led to a breakdown of conversation and even of community. A part of these clashes and breakdowns are not the result of mutually inconsistent moral premises, but are driven by tensions between two styles of moral discourse, the prophetic and casuistical. The former invokes the absolute and fiery rhetorical style of biblical prophets while the …

Morals-Based Justifications For Lawmaking: Before And After Lawrence V. Texas, Suzanne B. Goldberg

Faculty Scholarship

Forever, it seems, the power to shape public morality has been seen as central to American governance. As one of the morality tradition's chief promoters, the Supreme Court itself has regularly endorsed and applauded government's police power to regulate the public's morality along with the public's health and welfare.

How, then, can we make sense of the Court's declaration in Lawrence v. Texas that the state's interest in preserving or promoting a particular morality among its constituents did not amount even to a legitimate interest to justify a Texas law criminalizing sexual intimacy between consenting adults? Has the Court unforeseeably …