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Four Steps That Ended The West And One To Revive It, David Goodwin

Liberty University Law Review

Our goal for the 2024 Liberty University Law Review Symposium was to explore the case for educational freedom from multiple angles. While several of our other authors have focused on the proper role of parents and the civil government in education, those approaches represent only part of the American education system. Many of our articles are more poignantly focused on the legal aspects that this topic implicates, but Mr. David Goodwin provides a slightly different perspective. Mr. Goodwin is a seasoned educator, intellectual, author, and an advocate for Classical Christian schools.

He has written a book—a New York Times Best …

Assisted Suicide, Morality, And Law: Why Prohibiting Assisted Suicide Violates The Establishment Clause, Edward Rubin

Vanderbilt Law Review

This Article argues that general prohibitions against assisted suicide violate the Establishment Clause because they support a particular and religiously based moral position. Many laws overlap with religious proscriptions, of course. The conclusion that laws against assisted suicide are unconstitutional because of their religious origin is based on the specific historical context of these laws within our existing culture. Over the course of Western civilization, attitudes about suicide have oscillated from positive approbation in many Greek and Roman sources, to outright and unalterable opposition by Christian writers, to acceptance and limited approval by contemporary secular thinkers and health practitioners. At …

Transcending Cultural Nationalist And Internationalist Tendencies: The Case For Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff

Cardozo Journal of Conflict Resolution

This Note will proffer a critical evaluation of the Italian government's current tactics for reclaiming its patrimony and argue that MBRAs are the most desired framework for resolving repatriation disputes, as they give rise to lasting collaborative relationships between source nations and cultural institutions and strive to keep valued works in the "public trust" without diminishing traditionally insular cultural identities. Thus, successful negotiations must account for competing interests including, inter alia: (i) the emotional currency of the object as assessed from the perspective of the source nation; (ii) the institution's desire to keep disputed works within the public sphere; (iii) …

Imports Or Made-In-China: Comparison Of Two Constitutional Cases In China And The United States, Xiao Li

LLM Theses and Essays

When its economic increase attracts the global attention, China is also looking for a break-through in its judicial reform. The Qi v. Chen case (2001) was considered to be the Chinese version of Marbury v. Madison and gave rise to a heated discussion of the judicial review power in China. This article will analyze the doubts on the Qi case and the prospects of judicial review it indicates through comparison with Marbury v. Madison. Although Qi v. Chen opened the door for constitutional litigation, its dramatic facts and strained application of the Constitution threw it into question. Nevertheless, its effect …

Divorcing Power And Reason: Spinoza And The Founding Of Modern Law, Benoit Frydman

Cardozo Law Review

No abstract provided.

Marriage Law: Obsolete Or Cutting Edge?, Michigan Journal Of Gender & Law

Michigan Journal of Gender & Law

Over the past hundred years, social and cultural expectations surrounding various forms of committed relationships have changed dramatically, and contemporary legal systems have struggled to adapt. The result has been an extraordinary opportunity to test fundamental assumptions about law, about the cultural understandings that are enforced through state power, and about the mechanisms that drive law's evolution. The Michigan Journal of Gender & Law has drawn together an exceptional group of panelists who will discuss these questions throughout the day.

Prom Mom Killers: The Impact Of Blame Shift And Distorted Statistics On Punishment For Neonaticide, Lynne Marie Kohm, Thomas Scott Liverman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

Articles

Professor Robert D. Putnam's work is, in many respects, the contemporary companion to Democracy in America.' It comprehensively surveys and tests common presumptions held about our democracy with apparently very reliable quantitative data. Until recently, a work of this depth and breadth has been unavailable. Putnam sets forth a well supported thesis suggesting that even though American financial capital may be at a high, its "social capital" has perhaps reached a record low, or at least a level similar to the social, economic, and legal bottleneck of a century ago.' His use of empirical and combined data, however, probes into …

The Trusteeship Of Legal Rulemaking, Edward S. Adams, Richard A. Saliterman

Hofstra Law Review

No abstract provided.

Revoking An Aggressor's License To Kill Military Forces Serving The United Nations: Making Deterrence Personal, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

The Other Pro Choice-Pro Life Issue: A Comparison Of Euthanasia Law In The United States And The Netherlands, Mark Stephen Thomas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Avowed Lesbian Mother And Her Right To Child Custody: A Constitutional Challenge That Can No Longer Be Denied, Marilyn Riley

San Diego Law Review

The custody determinations involving Lesbian mothers raise constitutional issues which must be examined against our society's strongly anti-homosexual background. Generally, problems the women face result from Western culture's ancient homophobia—a combination of fear, hatred and ignorance—which has produced a heritage of persecution directed at homosexuals. Because anti-homophile attitudes are so deeply rooted and widely accepted, they of course influence legislative and judicial responses to the homophile's demands for equal rights. Therefore, before considering the relevant constitutional issues, this Note will discuss the history and development of Western homophobia.

The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

Legal Standards And Ideals, Sir Paul Vinogradoff

Michigan Law Review

Provisions for the settling of conflicts constitute the greater part of any legal system. These conflicts are not entirely governed by self interest and the idea of ethical duty does not disappear from them: it asserts itself in the shape of the balance to be established ·by the court: while every litigant presses for the satisfaction of his own claims society is called upon to adjudicate fairly between the parties: the moral notion of justice appears as the impartial attribution of what everyone in society ought to have by right. We make distinctions between men in accordance with their greater …