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Full-Text Articles in Law
Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash
Constitutional Venue, Peter L. Markowitz, Lindsay C. Nash
Articles
A foundational concept of American jurisprudence is the principle that it is unfair to allow litigants to be haled into far away tribunals when the litigants and the litigation have little or nothing to do with the location of such courts. Historically, both personal jurisdiction and venue each served this purpose in related, but distinct ways. Personal jurisdiction is, at base, a limit on the authority of the sovereign. Venue, in contrast, aims to protect parties from being forced to litigate in a location where they would be unfairly disadvantaged. The constitutional boundaries of these early principles came to be …
Effect Precedes Cause: Kant And The Self-In-Itself, David G. Carlson
Effect Precedes Cause: Kant And The Self-In-Itself, David G. Carlson
Articles
This article describes the metaphysics of Kant, according to which we never know the Thing In Itself but only the appearance of it. When applied to selfhood (which is a “thing”), Kant implies that we never know what motivates us to do what we do. Our reasons are after-the-fact apologies to justify our acts. For that reason the “cause” of our deed always (that is to say, our reasons) follows the deed itself. Effect precedes cause, on Kantian metaphysics.
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson
Articles
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