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Jurisprudence Commons

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Articles 1 - 3 of 3

Full-Text Articles in Jurisprudence

Her Choice, Her Problem: How Having A Choice Can Diminish Family Solidarity, Richard Stith Jan 2011

Her Choice, Her Problem: How Having A Choice Can Diminish Family Solidarity, Richard Stith

Law Faculty Publications

This Article explores a little-noticed dimension of abortion and assisted suicide (or voluntary euthanasia): how choosing to reject those options can have a negative impact on the legally authorized choosers. Women who refuse abortion may be blamed for their choice by boyfriends, neighbors, employers, and others. Similarly, infirm or dying persons may find family and other caregivers upset by their refusal to agree to assisted suicide when voluntary death seems the sensible option. Finally, the author questions whether a life chosen as an option can ever have the dignity of a life simply accepted, i.e., whether the child a ...


Precedent And Justice, William D. Bader, David R. Cleveland Jan 2011

Precedent And Justice, William D. Bader, David R. Cleveland

Law Faculty Publications

Precedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts' practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears ...


A Realist Defense Of The Alien Tort Statute, Robert Knowles Jan 2011

A Realist Defense Of The Alien Tort Statute, Robert Knowles

Law Faculty Publications

This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because ...