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Articles 1 - 12 of 12
Full-Text Articles in Social and Behavioral Sciences
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Eric A. Engle
This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …
Insider Trading: Incoherent In Theory, Inefficient In Practice, Eric A. Engle
Insider Trading: Incoherent In Theory, Inefficient In Practice, Eric A. Engle
Eric A. Engle
Insider trading: The words alone evoke conflicting feelings of jealousy and greed. But what is wrong with insider trading? Nothing. In fact, insider trading is good for the economy. Insider trading results in an efficient allocation of capital and thus makes the world wealthier.
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle
Eric A. Engle
Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological progress which makes human extinction possible also makes global governance possible through nearly instant global communication and travel. The possibility for global governance confronts the reality of an archaic and inapt juridical concept. Sovereignty must be reconceptualized and understood as a relative and partial power shared at multiple levels in an intensively networked world rather than in …
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
The Fake Revolution: Understanding Legal Realism, Eric A. Engle
Eric A. Engle
Abstract: Legal interpretation in the United States changed dramatically between 1930 and 1950. The Great Depression and World War II unleashed radical critique (particularly prior to the war). Legal realism proposed radical new methods of legal interpretation to try to meet the challenges of global depression and global war. The new legal methods proposed by realism at first seemed to indicate a new legal order. In fact, they only preserved the old order, protecting it from fundamental change. Thus, the same problem, cyclical economic downturn triggering war for resources and market share recurred in Vietnam. Just as the depression and …
Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle
Green With Envy? Greenmail Is Good! Rational Economic Responses To Greenmail In A Competitive Market For Capital And Managers, Eric A. Engle
Eric A. Engle
Greenmail denotes the decision by a corporation's board of directors to repurchase its shares that are held by a corporate raider, often at a significant premium, thereby keeping the board of directors in office. It may represent a conflict of interest between the corporation's shareholders and the board of directors. While greenmail is legal, 50% of greenmail gains are subject to taxation. This Article argues that greenmail has a healthy role in a competitive market economy.
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Related Article: Alvarez-Machain V. United States And Alvarez-Machain V. Sosa: The Brooding Omnipresence Of Natural Law, Eric A. Engle
Eric A. Engle
Alvarez Machain was wrongly decided because the Supreme Court rejects natural law arguments out of hand. Natural law and positive law are not dichotomous. They are complementary. The Supreme Court will eventually be forced to review all cases rejecting arguments due to a rejection of natural law.
Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle
Corporate Social Responsibility (Csr): Market-Based Remedies For International Human Rights Violations?, Eric A. Engle
Eric A. Engle
Corporate social responsibility proposes non-binding self governance mechanisms on corporations as a preventative remedy to human rights. This article sceptically analyzes the CSR movement and proposes ways to make non-binding governance more effective.
Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle
Extraterritorial Jurisdiction: Can Rico Protect Human Rights? A Computer Analysis Of A Semi-Determinate Legal Question, Eric A. Engle
Eric A. Engle
Uses AI to model RICO racketeering law to examine an uncertain area of law: Whether RICO gives a private right to damages for extraterritorial wrongs.
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
The Torture Victim's Protection Act, The Alien Tort Claims Act, And Foucault's Archaeology Of Knowledge, Eric A. Engle
Eric A. Engle
Outilnes the procedural obstacles to Alien Tort Statute Claims and discusses how to surmount them. Relates ATS to Foucaults power-knowledge and power-body discourses.
The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle
The Professionalization Thesis: The Tbr, The Wto And World Economic Integration, Eric A. Engle
Eric A. Engle
Argues that the DSB of the WTO represents one instance of the globalization of the rule of law.
Les Points Communs Entre Marx Et Locke, Eric A. Engle
Les Points Communs Entre Marx Et Locke, Eric A. Engle
Eric A. Engle
L'article expose les points communs entre Marx et Locke.