Antecedent Law: The Law Of People Making, 2009 Emory University
Antecedent Law: The Law Of People Making, Carter Dillard
In our conception of law we have largely presumed the process by which the people whose behavior the law is meant to regulate come to be present and susceptible to the law's influence. As a result, that process is largely outside of our account of the law, and any role the law might have over the matter is relatively ignored. This article introduces a simple and concrete conceptual device, a form of law called antecedent law, which seeks to undo this presumption and refocus our attention on that which can determine the presence of persons in the polity and ...
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, 2009 University of Oregon
What's Reasonable?: Self-Defense And Mistake In Criminal And Tort Law, Caroline Forell
Caroline A Forell
In this Article, Professor Forell examines the criminal and tort mistake-as-to-self-defense doctrines. She uses the State v. Peairs criminal and Hattori v. Peairs tort mistaken self-defense cases to illustrate why application of the reasonable person standard to the same set of facts in two areas of law can lead to different outcomes. She also uses these cases to highlight how fundamentally different the perception of what is reasonable can be in different cultures. She then questions whether both criminal and tort law should continue to treat a reasonably mistaken belief that deadly force is necessary as justifiable self-defense. Based on ...
Procreation, Harm, And The Constitution, 2009 Emory University
Procreation, Harm, And The Constitution, Carter Dillard
This Essay provides relatively novel answers to two related questions: First, are there moral reasons to limit the sorts of existences it is permissible to bring people into, such that one would be morally prohibited from procreating in certain circumstances? Second, can the state justify a legal prohibition on procreation in those circumstances using that moral reasoning, so that the law would likely be constitutional?
These questions are not new, but my answers to them are and add to the existing literature in several ways. First, I offer a possible resolution to a recent debate among legal scholars regarding what ...
Airport Wildlife Hazard Control, 2009 Embry Riddle Aeronautical University - Daytona Beach
Airport Wildlife Hazard Control, Paul F. Eschenfelder
Paul F. Eschenfelder
No abstract provided.