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Full-Text Articles in Legal History

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr Oct 2011

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …


Collective Choice, Justin Schwartz Jan 2011

Collective Choice, Justin Schwartz

Justin Schwartz

This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …


American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been Jan 2011

American Legal Realism: Sound And Fury Signifying Nothing?, Wouter H. De Been

Wouter H. de Been

No abstract provided.


Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap Jan 2011

Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap

Siegfried Van Duffel

Until recently, few people would have doubted that the idea of distributive justice is old, indeed ancient. Several authors have now challenged this assumption. Most prominently, Samuel Fleischacker argued that distributive justice originates in the eighteenth century. If accurate, this would upset much of what we have taken for granted about an important part of the history of Western political thought. However, the thesis is manifestly flawed. And since that it has already proven influential, it is important to set the record straight. We will focus on the principle of extreme necessity, developed in twelfth and thirteenth century canon law, …


Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson Jan 2011

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.


Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.