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Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud 2015 McMaster University

Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud

François Tanguay-Renaud

Wil Waluchow, McMaster University, discusses four concepts of legal validity and how these might help understand the role of constitutional moral tests for legal validity. Respondent: Les Green Osgoode Hall Law School/Oxford University


The Independent Press After The "Moroccan Spring", Hamza Tayebi 2015 Sidi Mohammed Ben Abdellah University, Faculty of Letters Dhar El Mehraz

The Independent Press After The "Moroccan Spring", Hamza Tayebi

Mathal

The wave of Arab Spring that started in Tunisia and Egypt arrived to Morocco in 2011 paving the way to unprecedented organized mass-protests all over the country. Among the demands raised by the 20 February Movement protesters was the demand for free and independent media outlets, especially the press. King Mohammed VI, the Commander of the Faithful and the highest authority in Morocco, promised in a televised speech on March 9th to introduce "radical" and "genuine" constitutional reforms that would democratize the country. In fact, King Mohammed VI has so far succeeded in calming down and co-opting the demonstrations, but ...


Philosophical Inquiry And Social Practice, John Henry Schlegel 2015 University at Buffalo School of Law

Philosophical Inquiry And Social Practice, John Henry Schlegel

Journal Articles

No abstract provided.


Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega 2015 Ursinus College

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain ...


Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin 2015 SIT Study Abroad

Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin

Independent Study Project (ISP) Collection

No abstract provided.


Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas 2015 Georgia State University College of Law

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification ...


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo 2015 Pepperdine University

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle ...


An Overview Of Alcohol Testing And Interpretation In The 21st Century, Anna Kelly, Ashraf Mozayani 2015 Texas Southern University

An Overview Of Alcohol Testing And Interpretation In The 21st Century, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Ethanol analysis is the most commonly carried out drug testing in a forensic toxicology laboratory. Determination of blood alcohol concentration (BAC) is needed in a multitude of situations, including in postmortem analysis, driving under the influence (DUI) and drug-facilitated sexual assault (DFSA) cases, workplace drug monitoring, and probation investigations. These analyses are carried out by direct measurement of ethanol concentrations as well as of metabolic by-products, such as ethyl glucuronide (EtG) and ethyl sulfate (EtS). This review article will discuss pharmacokinetics, including absorption, distribution, and elimination of ethanol, methods for the detection of ethanol, the effect of ethanol on human ...


Validation Of Lc-Tof/Ms Screening For Drugs, Metabolites, And Collateral Compounds In Forensic Toxicology Specimens, Fessessework Guale, Shahriar Shahreza, Jeffrey Walterscheid, Hsin-Hung Chen, Crystal Arndt, Anna Kelly, Ashraf Mozayani 2015 Texas Southern University

Validation Of Lc-Tof/Ms Screening For Drugs, Metabolites, And Collateral Compounds In Forensic Toxicology Specimens, Fessessework Guale, Shahriar Shahreza, Jeffrey Walterscheid, Hsin-Hung Chen, Crystal Arndt, Anna Kelly, Ashraf Mozayani

Ashraf Mozayani, Ph.D., PharmD

Liquid chromatography time-of-flight mass spectrometry (LC-TOF-MS) analysis provides an expansive technique for identifying many known and unknown analytes. This study developed a screening method that utilizes automated solid-phase extraction to purify a wide array of analytes involving stimulants, benzodiazepines, opiates, muscle relaxants, hypnotics, antihistamines, antidepressants and newer synthetic "Spice/K2" cannabinoids and cathinone "bath salt" designer drugs. The extract was applied to LC-TOF-MS analysis, implementing a 13 min chromatography gradient with mobile phases of ammonium formate and methanol using positive mode electrospray. Several common drugs and metabolites can share the same mass and chemical formula among unrelated compounds, but they ...


Consequences Against Community Development From Political Unrest: Evidenced By “La Guerra Sucia” In Lima, Perú, Eleanor G. Dickens 2015 Kansas State University

Consequences Against Community Development From Political Unrest: Evidenced By “La Guerra Sucia” In Lima, Perú, Eleanor G. Dickens

Crossing Borders: A Multidisciplinary Journal of Undergraduate Scholarship

La Guerra Sucia ( The Dirty War) was lead by a Marxist group called Sendero Luminoso (Shining Path) in Perú, beginning in 1980. The goal of Sendero was to invade rural communities, gain followers (whether by choice or by force), and eventually take over the government to restore the social order. The movement was extremely violent, but the government attempted to stem the movement by committing numerous atrocities and war crimes. This caused immense distrust and fear of both sides among the inhabitants of rural Perúvean communities. As a result, refugees fled to major cities such as Lima, where they built ...


Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi 2015 Osgoode Hall Law School of York University

Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi

Hengameh Saberi

No abstract provided.


Between The Scylla Of Legal Formalism And The Charybdis Of Policy Conceptualism: Yale's Policy Science And International Law, Hengameh Saberi 2015 Osgoode Hall Law School of York University

Between The Scylla Of Legal Formalism And The Charybdis Of Policy Conceptualism: Yale's Policy Science And International Law, Hengameh Saberi

Hengameh Saberi

An invisible but enduring legacy of the New Haven School, understood through this paper’s counter-narrative, is a new vista through which to caution against the pitfalls of policy reasoning and to demand its promises. International legal theory has a relatively clear sense about abuse of deduction when found in legal interpretation, but it has little to say about similar defects in policy reasoning. Equally undertheorized are our ideas about the very concept of policy and its place in international legal argumentation. Pursued policy objectives might be principled or flexible and their application flexible or principled. So a combination of ...


Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi 2015 Harvard Law School

Love It Or Hate It, But For The Right Reasons: Pragmatism And The New Haven School's International Law Of Human Dignity, Hengameh Saberi

Hengameh Saberi

This Article presents a novel understanding of pragmatism in the New Haven School of international law. The New Haven Jurisprudence is wrapped in layers of mystification and the scant accounts of its pragmatism in the literature are either entirely mistaken or only partially helpful, betray a vernacular or truncated understanding of pragmatism, and fail to engage with the internal, epistemic structure of the policy-oriented jurisprudence. In response, this Article uncovers a contradictory form of foundationalist pragmatism in the Yale Jurisprudence in a peculiar relationship between its contextualist and problem-solving promises and its unreflective normative commitments to a set of postulated ...


An Essay On Private Remedies, Emily Sherwin 2015 Cornell Law School

An Essay On Private Remedies, Emily Sherwin

Emily L Sherwin

No abstract provided.


Legal Rules And Social Reform, Emily Sherwin 2015 Cornell Law School

Legal Rules And Social Reform, Emily Sherwin

Emily L Sherwin

No abstract provided.


Table Annexed To Article: Machine-Readable Text Of The Federalist Essays, Peter J. Aschenbrenner 2015 Purdue University

Table Annexed To Article: Machine-Readable Text Of The Federalist Essays, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents readers with its source files, that is, the text which it employed in scored word counts, frequencies and VerbumForte scores. The table annexed includes the machine-readable text of all eighty-five Federalist essays. Because many on-line versions are broken into segments which render searches (virtually) impractical.


Two Dogmas Of Originalism, Ian Bartrum 2015 William S. Boyd School of Law, UNLV.

Two Dogmas Of Originalism, Ian Bartrum

Washington University Jurisprudence Review

In the early 1950s, Willlard Quine’s Two Dogmas of Empiricism offered a devastating critique of logical positivism and the effort to distinguish “science” from “metaphysics.” Quine demonstrated that the positivists relied on dogmatic oversimplifications of both the world and human practices, and, in the end, suggested that our holistic natural experience cannot be reduced to purely logical explanations. In this piece, I argue that constitutional originalism—which, too, seeks to define a constitutional “science”—relies on similar dogmatisms. In particular, I contend that the “fixation thesis,” which claims that the constitutional judge’s first task is to fix the ...


Toward A Jurisprudence Of Social Values, Richard K. Greenstein 2015 Temple University

Toward A Jurisprudence Of Social Values, Richard K. Greenstein

Washington University Jurisprudence Review

Legal theory wrestles perennially with a variety of seemingly intractable problems. I include among them questions about what we are doing when we interpret legal texts, the distinctions between hard and easy cases and between rules and standards, and the meaning of the rule of law. I argue in this essay that we can, in fact, make substantial progress toward clarifying these problems and making them much more intelligible by keeping in mind the role that social values play in law. And that role is fundamental: social values constitute the law.

Part I sketches a jurisprudential framework for thinking about ...


Is Coercion Necessary For Law? The Role Of Coercion In International And Domestic Law, Sandra Raponi 2015 Merrimack College

Is Coercion Necessary For Law? The Role Of Coercion In International And Domestic Law, Sandra Raponi

Washington University Jurisprudence Review

Critics of international law argue that it is not really law because it lacks a supranational system of coercive sanctions. International legal scholars and lawyers primarily refute this by demonstrating that international law is in fact enforced, albeit in decentralized and less coercive ways. I will focus instead on the presumption behind this skeptical view—the idea that law must be coercively enforced. First, I argue that coercive enforcement is not conceptually necessary for law or legal obligations. Second, I consider the claim that coercive enforcement is nonetheless necessary for instrumental reasons. I argue that while physical coercion is instrumentally ...


Foucault And Tax Jurisprudence: On The Creation Of A “Delinquent” Class Of Taxpayer, Bret N. Bogenschneider 2015 Vienna University of Economics and Business

Foucault And Tax Jurisprudence: On The Creation Of A “Delinquent” Class Of Taxpayer, Bret N. Bogenschneider

Washington University Jurisprudence Review

In Discipline and Punish, Foucault described the role of the “disciplinary institution” in the formation of modern society. An example of such a modern Foucauldian disciplinary institution is the Internal Revenue Service (IRS). The IRS currently devotes a substantial portion of its enforcement efforts against small businesses and low-income individual taxpayers. The IRS collection activity, as directed against low-income taxpayers, often manifests in Foucault´s “Philadelphia”-style prison, but without walls. The delinquent taxpayer becomes the delinquent social class with a diminished earning capacity, thereby directly undermining the reformatory goal of punishment. This audit process is a very different enforcement ...


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