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- Contract law (1)
- Domestic violence; domestic abuse; intimate partner violence; social construct; relationship violence (1)
- Firearm; guns; Second Amendment; Gunless; Pacifism; Anti-violence; Self-defense; Renunciation (1)
- Sharing Economy; Dynamic Pricing; Inequality and Justice (1)
- Use of Force; Jus Ad Bellum; Armed Conflict; Necessity; Armed Attack; Proportionality; United Nations Charter; Self-Defense (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Going Gunless, Dru Stevenson
Going Gunless, Dru Stevenson
Brooklyn Law Review
Firearm policy in the United States is subject to longstanding political gridlock. Up to now, most of the legal academic literature has focused on the constitutionality of various—or any—regulations regarding firearm possession, sales, or usage. This article inverts the problem and proposes a system for voluntary registration and certification of nonowners, those who want to waive or renounce their Second Amendment rights as a matter of personal conviction. The proposed system is analogous to both the registration of conscientious objectors during wartime conscriptions, and the newer suicide prevention laws whereby individuals can add their names to a do-not-sell list for …
The Use Of Force To Prevent Recurrence Of Conflict: Where Are The Limits Of Self-Defense?, Laurie R. Blank
The Use Of Force To Prevent Recurrence Of Conflict: Where Are The Limits Of Self-Defense?, Laurie R. Blank
Brooklyn Law Review
The prohibition on the use of force is the central pillar of the international system of peace and security, and yet contemporary conflicts continue to stretch and pressure this foundational rule. This article examines how international law applies to the use of force in the territory of another state for the purpose of preventing a resurgence of violence after a conflict has ended. In the absence of consent or U.N. Security Council authorization, can self-defense be a justification for a state to use force to prevent the resurgence of conflict? In January 2018, the United States announced an intended policy …
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Not All Violence In Relationships Is "Domestic Violence", Tamara Kuennen
Brooklyn Law Review
This article argues that not all violence in intimate relationships is “domestic violence.” Domestic violence is a pattern of acts perpetrated with a motive: power and control over another. National anti-domestic violence organizations, activists and advocates, and a number of academics agree on this construct of domestic violence. Law, on the other hand, requires neither a pattern nor a motive; it defines domestic violence to include any single act of violence in a relationship, regardless of the perpetrator’s intent. Because legal intervention is the primary intervention for domestic violence today, feminist legal scholars have sought to reform the law to …
Inequality In The Sharing Economy, Gregory M. Stein
Inequality In The Sharing Economy, Gregory M. Stein
Brooklyn Law Review
The rise of the sharing economy benefits consumers and providers alike. Consumers can access a wider range of goods and services on an as-needed basis and no longer need to own a smaller number of costly assets that sit unused most of the time. Providers can engage in profitable short-term ventures, working on their own schedule and enjoying many new opportunities to supplement their income. Sharing economy platforms often employ dynamic pricing, which means that the price of a good or service varies in real time as supply and demand change. Under dynamic pricing, the price of a good or …
Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi
Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi
Brooklyn Law Review
May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts, …