International Trade And Investment Law And Carbon Management Technologies,
2013
University of New Mexico
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
Natural Resources Journal
No abstract provided.
Creating New Spaces For Sustainable Water Management In The Senegal River Basin,
2013
University of New Mexico
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Natural Resources Journal
No abstract provided.
Burdens On Public Access,
2013
Sea Grant Law Fellow, Roger Williams University School of Law
Burdens On Public Access, Elizabeth Blank
Sea Grant Law Fellow Publications
No abstract provided.
The Resonance Of Christian Political Conceptions Within International Humanitarian Law,
2013
Uganda Christian University
The Resonance Of Christian Political Conceptions Within International Humanitarian Law, David B. Dennison
David Brian Dennison
This paper presents conceptions from the Christian tradition that have special resonance modern International Humanitarian Law. The object of this paper supplies a lens that enables readers to detect the formative influence of unique Christian concepts. The conceptions from the Christian tradition presented include the Augustinian perspective on mortal and eternal life, the conception of a fallen world contrasted with a utopian vision, love as a motivation for peace, an expansive view of human community, the concept of role appropriate morality and the significance of outward signs and symbolism in the context of armed conflict.
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought,
2013
University of Michigan Law School
Dignity As Perception: Recognition Of The Human Individual And The Individual Animal In Legal Thought, Joseph Vining
Book Chapters
'To their murderers these wretched people were not individuals at all. They came in wholesale lots and were treated worse than animals.' This was Telford Taylor, beginning the presentation of the 'Medical Case' at the Nuremberg Trials after the Second World War. The 'Medical Case' was not about genocide or war or the conduct of war. It was about experimentation on human beings; and it was this trial that produced the 'Nuremberg Code', the first control of such treatment of human beings by one another. The word 'individual' came naturally to Taylor the lawyer as a starting point, and with …
Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors,
2013
University of Baltimore School of Law
Comments: The Hidden Cost Of Rod And Rifle: Why State Fish And Game Laws Must Be Amended In Order To Protect Against Unreasonable Search And Seizure In The Great Outdoors, Bryan M. Mull
University of Baltimore Law Review
No abstract provided.
A Response To Harel, Hope, And Schwartz,
2013
Notre Dame Law School
A Response To Harel, Hope, And Schwartz, John Finnis
Journal Articles
A seminar held in the Hebrew University of Jerusalem in December 2012 discussed critical comments by Alon Harel, Simon Hope, and Daniel Schwartz on themes and theses in Human Rights and Common Good, volume III of Collected Essays of John Finnis (Oxford University Press, 2011). Revised versions of these comments, and of the response I gave at this seminar, are now published in the Jerusalem Review of Legal Studies. The Response retains the informal and engaged character of this very good academic occasion. Section I considers Harel’s thesis that judicial review of legislation can be defended because my “in-authenticity” …
De La Pirámide De Kelsen A La Pirámide Invertida,
2012
Universidad de los Hemisferios
De La Pirámide De Kelsen A La Pirámide Invertida, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El presente trabajo replantea la pirámide jurídica y la pule dándole la vuelta. Comienza haciendo un análisis crítico de la doctrina de Kelsen y de sus seguidores, quienes partieron de postulados idealistas derivados de la metafísica neokantiana. La segunda parte del estudio reexamina la cuestión, acogiendo abiertamente las bases realistas de la metafísica aristotélico-tomista. Desde ella se elaborarán nuevos conceptos para el derecho (v. gr. ser jurídico, potencia jurídica, espacio jurídico) que estructurarán por sí solos la pirámide invertida. Al final se analiza cómo la doctrina de la pirámide invertida recoge los aciertos de Kelsen y Merkl, junto a los …
Marketing Natural Law: An Over-Debated And Undersold Product,
2012
Campbell University School of Law
Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser
Richard T. Bowser
No abstract provided.
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits,
2012
University of New Mexico
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske
Natural Resources Journal
No abstract provided.
Sovereignty In Theory And Practice,
2012
University of San Diego
Sovereignty In Theory And Practice, Winston P. Nagan, Aitza M. Haddad
San Diego International Law Journal
This Article deals with the theory and practice of sovereignty from the perspective of a trend in theoretical perspectives as well as the relevant trend in practice. The Article provides a survey of the leading thinkers’ and philosophers’ views on the nature and importance of sovereignty. The concept of sovereignty is exceedingly complex. Unpacking its meanings and uses over time is challenging. An aspect of this challenge is that the discourse about sovereignty is vibrant among diverse policy, academic, and political constituencies. At times, its narratives are relatively discrete and at other times, the narratives overlap with the discourses from …
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World,
2012
University of Michigan Law School
On Strict Liability Crimes: Preserving A Moral Framework For Criminal Intent In An Intent-Free Moral World, W. Robert Thomas
Michigan Law Review
The law has long recognized a presumption against criminal strict liability. This Note situates that presumption in terms of moral intuitions about the role of intention and the unique nature of criminal punishment. Two sources-recent laws from state legislatures and recent advances in moral philosophy-pose distinct challenges to the presumption against strict liability crimes. This Note offers a solution to the philosophical problem that informs how courts could address the legislative problem. First, it argues that the purported problem from philosophy stems from a mistaken relationship drawn between criminal law and morality. Second, it outlines a slightly more nuanced moral …
Cute Prickly Critter With Presbyopia,
2012
University of Michigan Law School
Cute Prickly Critter With Presbyopia, Don Herzog
Reviews
Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …
Who Owns An Avatar? Copyright, Creativity, And Virtual Worlds,
2012
Vanderbilt University Law School
Who Owns An Avatar? Copyright, Creativity, And Virtual Worlds, Tyler T. Ochoa
Vanderbilt Journal of Entertainment & Technology Law
Today's massively multi-player online role-playing games (MMORPGs) offer their users the ability to create or customize their own avatars with distinctive visual appearances. This Article contends that users who take advantage of that ability are exercising significant creative choices, such that they should be considered the "authors" and copyright owners of their own avatars. The Copyright Act envisions several types of collaborative authorship, including joint authorship, works made for hire, and collective works. None of these models provides a good fit for user-created avatars, because avatars meet some, but not all, of the elements for each model. Here, the two …
Planning Positivism And Planning Natural Law,
2012
Benjamin N. Cardozo School of Law
Planning Positivism And Planning Natural Law, Martin J. Stone
Articles
Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no …
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization,
2012
University of New Mexico
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Derivation Of Positive From Natural Law Revisited,
2012
Notre Dame Law School
Derivation Of Positive From Natural Law Revisited, Santiago Legarre
Journal Articles
Aquinas's account of the relationship of natural law to positive law has a general theory: every just human law is derived from the law of nature; and two, subordinate theorems: derivation is always either per modum conclusionis or per modum determinationis. I will call them sub-theorems. According to the first sub-theorem "something may be derived from the natural law . . . as a conclusion from premises." For example, "that one must not kill may be derived as a conclusion from the principle that one must do harm to no one." For one reason or another, the theory of derivation …
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations,
2012
University of New Mexico-Main Campus
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
Natural Law Theory: Its Past And Its Present,
2012
Notre Dame Law School
Natural Law Theory: Its Past And Its Present, John M. Finnis
Journal Articles
The past in which theory of this kind had its origins is notably similar to the present. For this is theory-practical theory-which articulates a critique of critiques, and the critiques it criticizes, rejects and replaces have much in common whether one looks at them in their fifth century B.C. Hellenic (Sophistic) or their modem (Enlightenment, Nietzschean or postmodern) forms.
Coexisting Normative Orders? Yes, But No,
2012
Notre Dame Law School
Coexisting Normative Orders? Yes, But No, John M. Finnis
Journal Articles
There are indeed two normative orders. But not "coexisting" in the sense that French law coexists with English law, and English law with international law, and all of them with canon law. No, the relation between the normative orders is much more intimate than "coexistence" (in the focal sense of that term). The one is a necessary source of the full validity, and strategically important parts, of the other, and is a real but much less straightforward source (by determinatio) of all its other legitimate parts; and is also an ever-present source of legitimate, and in extreme cases delegitimising criticism …
