Planning For Legality, 2011 New York University School of Law
Planning For Legality, Jeremy Waldron
Michigan Law Review
What is law like? What can we compare it with in order to illuminate its character and suggest answers to some of the perennial questions of jurisprudence? Natural lawyers compare laws to moral propositions. A human law is an attempt by someone who has responsibility for a human community to replicate, publicize, and enforce a proposition of objective morality such as "Killing is wrong." Law is like moral reasoning, say the natural lawyers, and laws should be regarded as principles of right reason (principles that reason dictates as answers to the moral questions that need to be addressed in human …
The Tea Party's Constitution, 2011 Roger Williams University School of Law
The Tea Party's Constitution, Jared Goldstein
Law Faculty Scholarship
No abstract provided.
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), 2011 UIC School of Law
Punctuated Equilibrium: A Model For Administrative Evolution, 44 J. Marshall L. Rev. 353 (2011), Mark C. Niles
UIC Law Review
No abstract provided.
Equality And Differences, 2011 Notre Dame Law School
Equality And Differences, John M. Finnis
Journal Articles
This revised and annotated version of the H.L.A. Hart Memorial lecture in the University of Oxford in June 2011 has some significant differences in coverage from the essay of the same title published in the American Journal of Jurisprudence 56 (2011) 17-44, including a brief discussion of Waldron’s treatment of basic equality and Cohen’s “luck-egalitarianism”. The object of the lecture is to establish the grounds of basic human equality, and to indicate how neglect of non-basic inequalities and of preconditions for sustainable common good tends to ensure that legal measures promoting equality rights and condemning ‘discrimination’ yield serious injustices (violations …
Justice For Hedgehogs, 2011 Notre Dame Law School
Justice For Hedgehogs, Robert E. Rodes
Journal Articles
Professor Dworkin begins this complex and ambitious book with a chapter called "Baedeker" after the nineteenth century guidebooks. In it, he gives an overview of his project, which is to show "the unity of value." The "title refers to a line by an ancient Greek poet, Archilochus, that Isaiah Berlin made famous for us. The fox knows many things, but the hedgehog knows one big thing. Value is one big thing" (1).
He articulates his overarching value in terms of human dignity: "[W]e each have a sovereign ethical responsibility to make something of value of our own lives, as a …
Separation Of Law And State, 2010 Tel Aviv University Law School
Separation Of Law And State, Talia Fisher
University of Michigan Journal of Law Reform
In the framework of the jurisprudential literature, the law-state bond is assumed as a given. Points of dispute emerge only at more advanced stages of the discussion, with respect to such questions as the duty to obey state law or the appropriate extent of state intervention in social relations. This Article will be devoted to a reconsideration of the presupposition of the law-state link and to challenging the state's status vis-à-vis the law-both in its role as the producer of legal norms and its capacity as the arbiter of disputes.
The Article opens with a comparative elucidation of the Hobbesian …
Equity In Policy: Failure And Opportunity, 2010 University of New Mexico
Equity In Policy: Failure And Opportunity, Henry Vaux Jr.
Natural Resources Journal
No abstract provided.
A Planet By Any Other Name…, 2010 Rutgers University, School of Law - Camden
A Planet By Any Other Name…, Kimberly Kessler Ferzan
Michigan Law Review
In case you haven't heard, Pluto isn't a planet anymore (and maybe it never was). In grade school, we all memorized the planets, giving little thought to what made something a planet besides revolving around the Sun and being part of some familiar mnemonic. However, scientific discoveries about Pluto and other parts of space led scientists to question Pluto's planetary status and ultimately, to strip Pluto of its standing among the planets. This leads to the inevitable question-what is a planet?-which turns out to be a more difficult and fascinating question than one might think. The Pluto Files grapples with …
Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), 2010 The John Marshall Law School, Chicago
Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including: (1) …
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, 2010 University of Richmond
The Rule Of Law: Its History And Meaning In Common Law, Civil Law, And Latin American Judicial Systems, Nadia E. Nedzel
Richmond Journal of Global Law & Business
“Rule of law” is an expression both praised and ridiculed by adherents of opposite political philosophies, and it is a principle claimed as the lodestar for widely differing legal theories. As much as an ideality as an ideal, the words “rule of law” have served a wide range of purposes, stretching from political sloganeering to the protection of individual rights from the power of government.
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, 2010 University of New Mexico
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.