Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Law

Television Technology And Moral Literacy, Clifford G. Christians Nov 1990

Television Technology And Moral Literacy, Clifford G. Christians

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society March 22, 1990.


Rethinking "Original Intent", David B. Lyons Nov 1990

Rethinking "Original Intent", David B. Lyons

Faculty Scholarship

Although Dred Scott v. Sandford is one of the Supreme Court's most controversial decisions, it is not often taught or read. But its approach to constitutional interpretation is by no means outdated, and its historical importance has not diminished. So it seems a good example to consider.


Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon Aug 1990

Draft Of A Labor Theory Of Property - 1990, Wendy J. Gordon

Scholarship Chronologically

The Supreme Court in several recent cases has flirted with the notion that labor gives one an entitlement to ownership: a legal right to bar others from the fruits of that labor or to extract payment from them if they use the fruits without permission. Sometimes articulated in terms of "natural rights," and sometimes in terms of "fairness," this notion is at apparent odds with contract law's insistence that the only "fruits of labor" one is obligated to pay for are those one has agreed in advance to buy.


Higher-Order Discrimination, Adrian M. S. Piper Jul 1990

Higher-Order Discrimination, Adrian M. S. Piper

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society January 22, 1990.


Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon May 1990

Proposed Organization And Detailed Table Of Contents - 1990, Wendy J. Gordon

Scholarship Chronologically

For many years copyright was a backwater of the law. Perceived as an esoteric and narrow field beset by hypertechnical formalities, the discipline and its practitioners were largely isolated from scholarly and case law developments in other areas. There were exceptions of course. Well before the explosion of intellectual property litigation in the last twenty years, persons such as Zcharia Chaffee Jr. and Judge Learned Hand brought a wealth of learning and a broad perspective to copyright.


Draft Of New Versus Old Authors - 1990, Wendy J. Gordon May 1990

Draft Of New Versus Old Authors - 1990, Wendy J. Gordon

Scholarship Chronologically

Virtually all the issues canvassed above embody the tension that exists in seeking to honor the interests of two generations of creators. For example, the essay has discussed the need for new adaptive artists to have a copyright in their own productions and the dangers that the "subconscious copying rule" poses to new creators, particularly in an age of ubiquitous media.


Democracy And Its Critics, Cary Coglianese May 1990

Democracy And Its Critics, Cary Coglianese

All Faculty Scholarship

No abstract provided.


Symposium Draft For Tragic Choices In Everyday Life - 1990, Wendy J. Gordon Apr 1990

Symposium Draft For Tragic Choices In Everyday Life - 1990, Wendy J. Gordon

Scholarship Chronologically

In the age of high technology, ordinary life situations often demand tragic choices: kidney dialysis, new pesticides, and even simple legal contracts can pose excruciating choices for people from all walks of life and inescapable dangers for innocent victims. This human dilemma-facing a world in which some innocents will die- is paralleled by the central Christian mythos of a willing crucifixion. Law and myth help us clarify the human situation.


Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber Apr 1990

Women's Dilemma: Is It Reasonable To Be Rational?, Harriet Baber

Center for the Study of Ethics in Society Papers

Based on a presentation to the WMU Center for the Study of Ethics in Society February 17, 1990.


Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts Apr 1990

Can Ignorance Be Bliss? Imperfect Information As A Positive Influence In Political Insitutions, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Ethical Reasoning And Analysis: The Elements, Martin Benjamin Feb 1990

Ethical Reasoning And Analysis: The Elements, Martin Benjamin

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society February 10, 1989.


Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack Jan 1990

Extreme Scholastic Realism: Its Relevance To Philosophy Of Science Today, Susan Haack

Articles

No abstract provided.


Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick Jan 1990

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Retaining The Rule Of Law In A Chevron World, Michael A. Fitts Jan 1990

Retaining The Rule Of Law In A Chevron World, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen Jan 1990

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

All Faculty Scholarship

No abstract provided.


On Being A Role Model, Anita L. Allen Jan 1990

On Being A Role Model, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen Jan 1990

Surrogacy, Slavery, And The Ownership Of Life, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Reflections On Identity, Diversity And Morality, Deborah W. Post Jan 1990

Reflections On Identity, Diversity And Morality, Deborah W. Post

Scholarly Works

The author reflects over events in her life that helped her define herself and her ethical identity, a black woman teacher.