An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development.
By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace ...
The Reentry Of Young Offenders: A Look At Successful Reintegration, 2014 McMaster University
The Reentry Of Young Offenders: A Look At Successful Reintegration, Samantha Bellmore
Open Access Dissertations and Theses
This qualitative study looks at the experiences of youth reentering their communities after serving a custodial sentence. Interviews were conducted from the perspectives of five key informants, including youth counselors and probation officers. Based on these conversations, the nuances of youth reentry were explored in-depth. These pages contain personal stories regarding the successes and challenges that come with reentry and reentry programming. Based on the findings and relevant literature, recommendations and suggestions on how to improve reentry are made. Further, in contrast to dominant recidivism-based understandings of success, this study promotes a more holistic understanding of successful reentry outcomes.
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), 2014 Seattle University School of Law
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola
Seattle University Law Review
What is a corporation? An easy, but not very informative, answer is that it is a legal person. More substantive answers suggest it is a moral person, a person/thing, a production team, a nexus of private agreements, a city, a semi-sovereign, or a (secular) God. Despite the economic, political, and social importance of the corporate form, we do not have a generally accepted legal theory of what a corporation is, apart from the law’s questionable assertion that it is a “person.” In this Article, the author places the idea, and law, of the corporation in a comparative context ...
The Civil Rights-Civil Liberties Divide, 2014 Chicago-Kent College of Law
The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt
Christopher W. Schmidt
Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Essay explains how this differentiation arose and considers its consequences.
Although there is a certain inherent logic to the civil rights-civil liberties divide, it in fact is the product of the unique circumstances of a particular moment in history. In the early years of the Cold War, liberal anticommunists sought to distinguish their incipient interest in the cause of racial equality from their belief that national security required limitations on the speech ...
The Beginning Of The End Of Coverture: A Reappraisal Of The Married Woman’S Separate Estate, Allison Anna Tait
Allison Anna Tait
Before statutory enactments in the nineteenth century granted married women a limited set of property rights, the separate estate trust was, by and large, the sole form of married women’s property. Although the separate estate allowed married women to circumvent the law of coverture, historians have generally viewed the separate estate as an ineffective vehicle for extending property rights to married women. In this Article, I reappraise the separate estate’s utility and argue that Chancery’s separate estate jurisprudence during the eighteenth century was a critical first step in the establishment of married women as property-holders. Separate estates ...
Homeschooling As A Constitutional Right: A Claim Under A Close Look At Meyer And Pierce And The Lochner-Based Assumptions They Made About State Regulatory Power, David M. Wagner
David N. Wagner
In 2012, a German family of would-be homeschoolers, the Romeikes, fled to the U.S. to escape fines and child removal for this practice, which has been illegal in Germany since 1938. The Sixth Circuit, in denying their asylum request, conspicuously did not slam the door on the possibility that if the Romeikes were U.S. citizens, they might have a right to homeschool. This article takes up that question, and argues that Meyer and Pierce, the classic cases constitutionalizing the right to use private schools, point beyond those holdings towards a right to homeschool; and that the permissible state ...
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Frederick Mark Gedicks
In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is somehow absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent.
The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ...
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403
by Cathren Koehlert-Page
Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional.
In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend ...
Legal Aid In The 1920s: Whither Law Reform, 2014 Boston College Law School
Legal Aid In The 1920s: Whither Law Reform, Mark Spiegel
Legal Aid In the 1920’s: Whither Law Reform.
This Article looks at legal aid during the 1920s to see what happened to the aspiration toward law reform (or preventive law) that was expressed in the period 1900-1920. Conventional wisdom has it that legal aid until the 1960s was largely devoted to individual cases and that it was not until the advent of federally-funded legal services that law reform and social change became part of the delivery of legal services to the poor. However, some scholars, including myself, have questioned this conventional wisdom. Expanding on that work, I ...
Does “The Freedom Of The Press” Include A Right To Anonymity? The Original Meaning, Robert G. Natelson
Robert G. Natelson
This Article examines relevant evidence to determine whether, as some have argued, the original legal force of the First Amendment’s “freedom of the press” included a per se right to anonymous authorship. The Article concludes that, except in cases in which freedom of the press had been abused, it did. Thus, from an originalist point of view, Supreme Court cases such as Buckley v. Valeo and Citizens United v. Federal Election Commission, which upheld statutes requiring disclosure of donors to political advertising, were erroneously decided.
Citizens United From A Historical Perspective: Corporate Person, Corporate Rights, And The Principle Of Confiscation, Paul Kens Dr.
Paul Kens Dr.
The Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission is often criticized for having declared that corporations are persons with the same constitutional rights as human beings. Using standard theories of the nature of the corporation as a guide, this paper traces the concept of corporate personhood from its mythical birth in the 1886 Santa Clara case. This historical perspective reveals that the Court has never settled on one theory of the nature of the corporation. Even after Citizens United the concept of corporate person remains little more than a metaphor or legal fiction.
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, 2014 Pepperdine University
An Introduction: The Richness Of Forgiveness Studies, Policy, And Practice, Calvin William Sharpe
Pepperdine Dispute Resolution Law Journal
The article offers information on the philosophical and scientific examination of the policies and practice of the forgiveness studies in the U.S. It informs about several philosophers who put in their efforts towards effectiveness of the scientific research on forgiveness including Jeffrie Murphy, Jean Hampton, and Everett L. Worthington. It also focuses on various theories of forgiveness.
In Who’S Best Interest? America’S Struggle To Eradicate Discrimination In Child Custody Decisions: Presumption-Based Reform, Jason R. Lee
Jason K. Lee
The history of child custody jurisprudence in the United States is riddled with inequality. Although significant steps have been taken to remedy these inequalities, more is needed to create a system of fairness and impartiality. Additionally, the failure of state laws to effectively recognize rights of children involved in custody disputes is patently discriminatory and likely unconstitutional. Through a long line of cases, the Supreme Court has held that children have at least some degree of constitutional rights. Those rights, normally, are derived from, and secondary to, the right of parents to make decisions for their children. That being said ...
The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, 2014 Boston College Law School
The Filibuster And The Framing: Why The Cloture Rule Is Unconstitutional And What To Do About It, Dan T. Coenen
Boston College Law Review
The U.S. Senate’s handling of filibusters has changed dramatically in recent decades. As a result, the current sixty-vote requirement for invoking cloture of debate does not produce protracted speechmaking on the Senate floor, as did predecessors of this rule in earlier periods of our history. Rather, the upper chamber now functions under a “stealth filibuster” system that in practical effect requires action by a supermajority to pass proposed bills. This Article demonstrates why this system offends a constitutional mandate of legislative majoritarianism in light of well-established Framing-era understandings and governing substance-over-form principles of interpretation. Having established the presence ...
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights.
The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles ...
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.”
Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...
Early Historical Influences On Separation Of Property In English Law, 2014 SelectedWorks
Early Historical Influences On Separation Of Property In English Law, Meryl A.P. Thomas
Meryl A.P. Thomas
Paper seeks to examine historical factors and influences that led to separation of property in England. Approach taken is a comparative approach, looking at how community of property developed in France, while at corresponding period in England this did not occur. Paper seeks to explore the factors that led to the development of community property in France, and more importantly to identify the factors that led to the development of separation of property in England.
Veganism As A Nontraditional Religion: First Amendment Protection For Employees And Prisoners?, Alexandra B. Rhodes
Alexandra B. Rhodes
Scholars disagree over the definition of religion for purposes of First Amendment protection. Accordingly, this Comment analyzes First Amendment protection of nontraditional religions, as it applies to the controversial claim that Veganism is a faith. The piece is timely, relevant, and addresses an interesting and hot topic which is sure to spark debate regarding the definition of religion.
The piece proceeds in three Parts. Part I describes the historical background, and the difficulty, of defining religion for the purposes of the First Amendment. It also analyzes case law relevant to nontraditional religions in various settings, like the classroom or in ...
Restatements And Non-State Codifications Of Private Law, 2014 Duke Law
Restatements And Non-State Codifications Of Private Law, Deborah A. Demott
This paper offers a vantage point through which to assess the phenomenon of projects codifying private law that are undertaken by private persons or institutions, distinct from legislatures and state-sponsored codification and law-revision projects. The private institution on which this paper focuses is the American Law Institute (ALI). ALI works in statutory form—most notably the Uniform Commercial Code and the Model Penal Code—as well as through projects that generate “Principles” to guide legal development within their specific fields and “Restatements” that authoritatively cover the law in a field.
The history of the Restatements sketched in this essay fits ...
A Theory Of Civil Liability, 2014 College of William & Mary Law School
A Theory Of Civil Liability, Nathan B. Oman
No abstract provided.