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Articles 1 - 8 of 8
Full-Text Articles in Law
Actmissions, Luis E. Chiesa
Actmissions, Luis E. Chiesa
West Virginia Law Review
Most observers agree that it is morally worse to cause harm by engaging in an act than to contribute to producing the same harm by an omission. As a result, American criminal law punishes harmful omissions less than similarly harmful acts, unless there are exceptional circumstances that warrant punishing them equally. Yet there are many cases in which actors cause harm by engaging in conduct that can be reasonably described as either an act or an omission. Think of a doctor who flips a switch that discontinues life support to a patient. If the patient dies as a result, did …
The Paradoxes Of Restitution, Mark A. Edwards
The Paradoxes Of Restitution, Mark A. Edwards
West Virginia Law Review
Restitution following mass dispossession is often considered both ideal and impossible. Why? This Article identifies two previously unnamed paradoxes that undermine the possibility of restitution: the time-unworthiness paradox and the collective responsibility paradox. After developing these ideas, the Article examines them in the context of a particularly difficult and intractable case of dispossession and restitution. The Article draws upon interviews with restitution claimants whose stories reveal the paradoxes of restitution.
Feeling Relational: The Use Of Buddhist Meditation In Restorative Practices, Gordon Shotwell
Feeling Relational: The Use Of Buddhist Meditation In Restorative Practices, Gordon Shotwell
Dalhousie Law Journal
Some theorists have argued that restorative justice can be defined as a theory of justice based on the. relationality of self-the idea that the self exists in and through its relationships with others. This account of self, while analytically compelling, conflicts with our intuitions of individuality I argue that Buddhist metaphysics provides an explanation of this conflict, and that meditation practice can help restorative justice practitioners develop an intuitive understanding of the relationality of self.
Hovering Too Close: The Ramifications Of Helicopter Parenting In Higher Education, Kathleen Vinson
Hovering Too Close: The Ramifications Of Helicopter Parenting In Higher Education, Kathleen Vinson
Georgia State University Law Review
“They are needy, overanxious and sometimes plain pesky—and schools at every level are trying to find ways to deal with them. No, not students. Parents—specifically parents of today’s ‘millennial generation’ who, many educators are discovering, can’t let their kids go.”
Some parents, called “helicopter parents” for constantly hovering over their children, are now making higher institutions their landing pads. They hover from the prospective admissions stage to graduation and the job market beyond—contacting presidents of universities, deans, and professors, disputing their child’s grade; requesting an extension for their child; complaining their child does not receive as much praise as the …
Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen
Outing The Majority: Gay Rights, Public Debate, And Polarization After Doe V. Reed, Marc Allen
Michigan Journal of Gender & Law
In 2010, the United States Supreme Court ruled in Doe v. Reed that Washington citizens who signed a petition to eliminate legal rights for LGBT couples did not have a right to keep their names secret. A year later, in ProtectMarriage.com v. Bowen, a district court in California partially relied on Reed to reject a similar request from groups who lobbied for California Proposition 8-a constitutional amendment that overturned the California Supreme Court's landmark 2008 gay marriage decision. These holdings are important to election law, feminist, and first amendment scholars for a number of reasons. First, they flip the traditional …
Law Among The Sight Lovers, Francis J. Mootz Iii
Law Among The Sight Lovers, Francis J. Mootz Iii
NYLS Law Review
No abstract provided.
Textualism And Obstacle Preemption, John D. Ohlendorf
Textualism And Obstacle Preemption, John D. Ohlendorf
Georgia Law Review
Commentators, both on the bench and in the academy,
have perceived an inconsistency between the Supreme
Court's trend, in recent decades, towards an increasingly
formalist approach to statutory interpretation and the
Court's continued willingness to find state laws preempted
as "obstacles to the accomplishment and execution of the
full purposes and objectives of Congress'"--so-called
"obstacle preemption." This Article argues that by giving
the meaning contextually implied in a statutory text
ordinary, operative legal force, we can justify most of the
current scope of obstacle preemption based solely on
theoretical moves textualism already is committed to
making.
The Article first sketches …
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
NYLS Law Review
No abstract provided.