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Articles 1 - 30 of 62
Full-Text Articles in Law
The Normative Underpinnings Of Taxation, Sagit Leviner Dr.
The Normative Underpinnings Of Taxation, Sagit Leviner Dr.
Sagit Leviner Dr.
Questions about the appropriate rules and mechanisms of taxation are, first and foremost, questions concerning the nature of society. What can be taxed, what cannot, for what purpose, when, and how, are all matters that go to the heart of society and, in particular, concern society’s underlying beliefs and values vis-à-vis the meaning and attainment of justice. This Article explores the role of normative values and theory in tax policymaking. It suggests that a candid elaboration of normative perspectives, and how they shed light on taxation, could lead to a better understanding of society as well as a better tax …
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Volume 2, Issue 1, Jaret Kanarek, Jake Bates, Michael Christison, Nick Nichols, Karen Silverman
Volume 2, Issue 1, Jaret Kanarek, Jake Bates, Michael Christison, Nick Nichols, Karen Silverman
The Intellectual Standard
No abstract provided.
Making Human Rights Really Real, Jake Bates
Making Human Rights Really Real, Jake Bates
The Intellectual Standard
No abstract provided.
Halacha And The Common Law, Arthur Lang
Halacha And The Common Law, Arthur Lang
Arthur Lang
The theoretical basis of halacha differs from that of דיני אמות העלום. Obligations and liability are regulated in halacha by defining the nature of an act, did a particular ma’asa occur, whereas the common law regulates with an eye toward social policy, what consequences were set in motion by an actor. Halacha turns on the act of stealing, the act of eating matzoh, the act of acquisition, the act of homicide, the act of damaging, and the act of marrying, rather than respectively, the interference with property rights, the acknowledgment of a symbol, the contract of sale, the violation of …
Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner
Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner
Peter J. Aschenbrenner
In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court passed up a chance to thread George Washington’s experience in transporting household staff across state lines; Washington obeyed Pennsylvania’s predicate: that a human being held to slavery in one state became free after six months in Pennsylvania. Since the features of this species of mobilia varied with the jurisdiction, the Supreme Court should have taken this landscape into account. George Washington did not import, with his household workers, ‘rules and understandings’ from Virginia.
Copyright Enforcement In Europe After Acta: What Now ?, Irina Baraliuc, Serge Gutwirth, Sari Depreeuw
Copyright Enforcement In Europe After Acta: What Now ?, Irina Baraliuc, Serge Gutwirth, Sari Depreeuw
Serge Gutwirth
If many Europeans have been rightly expressing their outrage and refusal of ACTA, they should remain vigilant and mobilized to what is happening much closer to their bed, inside the EU machinery. They have probably succeeded in busting ACTA, but they should be aware that the ACTA train may well hide another no less dangerous one.
A Comparative Analysis Of Anti-Discrimination And Data Protection Legislations, Raphael Gellert, Katja De Vries, Paul De Hert, Serge Gutwirth
A Comparative Analysis Of Anti-Discrimination And Data Protection Legislations, Raphael Gellert, Katja De Vries, Paul De Hert, Serge Gutwirth
Serge Gutwirth
Departing from the ECJ’s Huber case where Germany was condemned for discriminatory processing of personal data and which suggests that there is a strong kin between data protection and discrimination issues, this chapter is an attempt to further compare the two fundamental rights (i.e., non-discrimination, and data protection). Beyond their place in the EU legal order, their respective object or scope, this chapter will contend that these two human rights increasingly turn to the same mode of operation, including, inter alia, reliance upon administrative structures and procedures, or the endowment of citizens with a bundle of individual rights. We will …
The Parable Of The Generous Pasha (And The Presumption Of Rejection), Peter Aschenbrenner
The Parable Of The Generous Pasha (And The Presumption Of Rejection), Peter Aschenbrenner
Peter J. Aschenbrenner
How can assemblies, that is, gatherings in venue, take action? Whether writing rules or taking decisions, assemblies oblige themselves to follow procedures; those assembled must prove that three presumptions of rejection have been overcome. A Pasha learns this lesson when he offers a gift to his people: Process matters. The Grand Vizier survives the lesson, proving that a sense of humor also matters.
Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner
Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner
Peter J. Aschenbrenner
When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …
Chart Annexed To Article: The War Between The Stats: An Introduction To Taney’S Regrets, Peter Aschenbrenner
Chart Annexed To Article: The War Between The Stats: An Introduction To Taney’S Regrets, Peter Aschenbrenner
Peter J. Aschenbrenner
The decade of the 1850’s, leading up to Dred Scott v. Sandford, 60 U.S. 393 (1857), saw Americans debate the ‘war between the stats.’ OCL presents the third in its series of articles analyzing the mathematical logic of new state-making. Taney’s focus on the war between the stats explains Dred Scott, OCL suggests, as much as his inveterate racism, and, therefore, grounds any scholarly explanation of the coming war between the states.
Chart Annexed To Article: Crafting The Northwest Ordinance: Tracking The Paths Of Four Delegates, Peter Aschenbrenner
Chart Annexed To Article: Crafting The Northwest Ordinance: Tracking The Paths Of Four Delegates, Peter Aschenbrenner
Peter J. Aschenbrenner
Tracking Paths of Four Men Who were Delegates and attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Peter J. Aschenbrenner
The text of James Madison�s Letters from Farrand�s Volume III are analyzed along with Madison�s �Detached Memoranda,� his constitutional testament.
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract. Madison’s entries in Farrand after 1817, his Detached Memoranda, and his essays in The Federalist Papers are analyzed for word frequencies.
Universidad Católica De Santa María De Arequipa, Ramiro De Valdivia Cano
Universidad Católica De Santa María De Arequipa, Ramiro De Valdivia Cano
Ramiro De Valdivia Cano
La educación en la Universidad Católica de Santa María de Arequipa (Perú) promueve la formación profesional basada en la defensa de la dignidad humana y de los Derechos Fundamentales bajo la inspiración del Evangelio.
Bange Blanke Mensen ?, Serge Gutwirth, Paul De Hert
Bange Blanke Mensen ?, Serge Gutwirth, Paul De Hert
Serge Gutwirth
Degenen die een algemeen boerkaverbod willen, vinden eigenlijk dat de expressie van de geloofsovertuiging van draagsters van boerka’s in het openbaar altijd en zonder meer moet verboden worden. Censuur, dus. Wel : dat ze daarvoor uitkomen, in plaats van te doen alsof ze objectieve argumenten hebben en alsof ze niet tot het kamp van het eigen gelijk behoren.
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
Peter J. Aschenbrenner
Constitutional and customary prohibitions on (a) dual office holding in government or (b) acquisition of status – along with other requirements, typically with conditions – are commonplace. Those seeking to acquire an office or enjoy a status are obliged to conform their aspirations to these rules, the logic of which is explored.
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Peter J. Aschenbrenner
How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Peter J. Aschenbrenner
Jeremy Bentham famously savaged American declarations of rights, beginning with the Declaration of Independence. What irked him? If individuals had rights that government was bound to honor, then philosophy was obligated to address the conflict between the two. Settle it? Too ambitious. Ignore it? Too lazy. The consequences of Bentham’s unwillingness to survey American constitutions and legislation (using his own tools) are surveyed.
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner
What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner
Peter J. Aschenbrenner
The first Standing Order of the Philadelphia convention provided for per stirpes voting, that is, voting by state, but set the quorum requirement at seven and the action requirement at four, that is, an arithmetic majority/majority. Divided states (delegates equal in number on each side of a question) were counted towards the quorum requirement. The significance of a disputed vote on July 6 is explained.
Table Annexed To Article: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Table Annexed To Article: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract: In four writings (December and February, 1791) Hamilton and Madison disputed the constitutionality of the proposed (First) Bank of the United States. All four appear in machine-readable text (with article to follow); the reader can search on ‘constitution-‘ and evaluate for herself how the writers guide constitution = text, constitution = government or leave the choice to the reader.
El Nuevo Código Procesal Penal Del Perú, Ramiro E. De Valdivia Cano
El Nuevo Código Procesal Penal Del Perú, Ramiro E. De Valdivia Cano
Ramiro De Valdivia Cano
El nuevo Código Procesal Penal parte del principio del respecto y la defensa de los Derechos Fundamentales de la persona humana; y entre ellos los de su dignidad: desde la fecundación hasta su muerte natural.
Privacy En Technologie, Serge Gutwirth
Privacy En Technologie, Serge Gutwirth
Serge Gutwirth
Deze tekst bevat een inleiding tot en een bespreking van een tekst van wijlen Koen Raes onder de titel "The privacy of technology and the technology of privacy. The rise of privatism and the deprivation of public culture" (1989). Vele standpunten van mijn betreurde vriend zijn nog steeds erg pertinent en actueel.
The Effects Of Mass Consumption On American Society, Jon Foster
The Effects Of Mass Consumption On American Society, Jon Foster
Jon Foster
For a generation that doesn’t relate to the ‘eighties’, fondly remembers the ‘nineties’, and came of age in the two thousands, we often think of the sixties with a bit of nostalgia; reminiscing about Woodstock, and hippies, the nuclear family or maybe the Beatles. Unfortunately, much of this understanding is isolated within a bubble; wherein the sincere socioeconomic issues of the time, often become detached from their idealistic counterpart. To clarify, the causal relations that gave rise to what my generation remembers and typifies as the ‘sixties’, becomes distorted within the context of the rapidly changing times.
Analysis: Williams V Scott, Jon Foster
Analysis: Williams V Scott, Jon Foster
Jon Foster
In the case of Williams v Scott, the Court has been asked to determine the constitutionality of Senate Bill 2100 in relation to the rights of public sector employees to collectively bargain.
Volume 1, Issue 2, Jaret Kanarek, Jake Bates, Michael Christison, Nick Nichols
Volume 1, Issue 2, Jaret Kanarek, Jake Bates, Michael Christison, Nick Nichols
The Intellectual Standard
No abstract provided.
Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner
Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner
Peter J. Aschenbrenner
The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialed their delegations to the federal convention. A surprise winner is announced.
Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.