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Full-Text Articles in Law

Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd Jun 2023

Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd

Journal of Contemplative and Holistic Education

Book Review of following text:

Kumar, Ashwani. (Ed.). (2022). Engaging with Meditative Inquiry in Teaching, Learning, and Research: Realizing Transformative Potentials in Diverse Contexts. New York, NY: Routledge.


Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves May 2022

Poetic Justice: Connecting The Modern American Prosecutor To Her Rhetorical Roots, Michael Caves

All Dissertations

Poetic Justice: Connecting the Modern American Prosecutor to her Rhetorical Roots explores the gap between rhetoric and the American prosecutor, to eventually advocate for a more creative, inventive trial practice for prosecutors that embraces the spirit and methods of narrative, poetics, and Ulmeric mystories, with the prosecutor’s unique ethical obligations forming the basis of a new prosecutor’s rhetoric. This research opens with an autoethnographic account of the author’s own path to criminal prosecution, to give the reader a sense of the author’s ethos, to identify the shortcomings of rhetorical training in law school pedagogy, and to outline the rhetorical …


Addressing The Harms Of Pornography, Gillian Allison Oct 2021

Addressing The Harms Of Pornography, Gillian Allison

Honors Theses

Within this paper I look at the existing philosophical work on pornography, from scholars like Catherine MacKinnon, Ronald Dworkin, and Rae Langton to show the current state of the pornography debate that I intend to enter by presenting my own argument about the morality of pornography. I argue that while pornography is harmful, these harms are best resolved through increased sexual education and the popularization and production of more inclusive pornography. The harms pornography causes are so great because pornography is where a lot of people learn about sex. Pornography was never designed to depict an average sexual experience. If …


What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram Jul 2021

What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication, David Ingram

Philosophy: Faculty Publications and Other Works

Thanks to Axel Honneth, recognition theory has become a prominent fixture of critical social theory. In recent years, he has deployed his recognition theory in diagnosing pathologies and injustices that afflict institutional practices. Some of these institutional practices revolve around specifically juridical institutions, such as human rights and democratic citizenship, that directly impact the lives of the most desperate migrants. Hence it is worthwhile asking what recognition theory can add to a critical theory of migration. In this paper, I argue that, although its contribution to a critical theory of migration is limited, it nonetheless carves out a unique body …


Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa Jul 2021

Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa

The International Journal of Ethical Leadership Special Volumes

The Inamori International Center for Ethics and Excellence awards an annual prize for the best thesis in military ethics to promote active involvement in the study and application of military ethics, including: Just War Theory; the Conduct of War; the Law of Armed Conflict (LOAC); International Humanitarian Law (IHL); and other related fields that include the study of human rights issues in the context of armed conflict.

In an effort to foster global discussion of pressing issues in military ethics and improve the accessibility of the field in languages other than English, the Inamori Center publishes the winning theses, in …


Just War Traditions And Revisions, Joseph Chapa Jul 2021

Just War Traditions And Revisions, Joseph Chapa

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell Jul 2021

Arguments For Banning Autonomous Weapon Systems: A Critique, Hunter Cantrell

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


Empathy And Jus In Bello, Kevin Cutright Jul 2021

Empathy And Jus In Bello, Kevin Cutright

The International Journal of Ethical Leadership Special Volumes

No abstract provided.


The Urgency Of Ethics In Political Leadership, President Vicente Fox Oct 2020

The Urgency Of Ethics In Political Leadership, President Vicente Fox

The International Journal of Ethical Leadership

No abstract provided.


Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely Feb 2020

Ethics Advising A Wells Fargo Whistleblower: A Story Of Early Wrongdoing, Thomas Creely

The International Journal of Ethical Leadership

No abstract provided.


My Country, Right Or Wrong: If The Cause Is Just, Is Anything Allowed?, David Whetham Feb 2020

My Country, Right Or Wrong: If The Cause Is Just, Is Anything Allowed?, David Whetham

The International Journal of Ethical Leadership

No abstract provided.


The Ethics Of Humor: Can't You Take A Joke?, Steve Gimbel Feb 2020

The Ethics Of Humor: Can't You Take A Joke?, Steve Gimbel

The International Journal of Ethical Leadership

No abstract provided.


International Ethical Leadership: The Power Of Diversity In Ethics, Dorothy J. Maver, Heidi S. West Feb 2020

International Ethical Leadership: The Power Of Diversity In Ethics, Dorothy J. Maver, Heidi S. West

The International Journal of Ethical Leadership

No abstract provided.


Reflections On Courage (And Other Virtues): A Dialogue Between Ethics And Moral Psychology, Martin L. Cook Feb 2020

Reflections On Courage (And Other Virtues): A Dialogue Between Ethics And Moral Psychology, Martin L. Cook

The International Journal of Ethical Leadership

No abstract provided.


Ethics, Money, And The Healing Relationship, Edward Tick Feb 2020

Ethics, Money, And The Healing Relationship, Edward Tick

The International Journal of Ethical Leadership

No abstract provided.


Connecting Ethics To Engineering Through Conflict Minerals, James D. Mcguffin-Cawley Feb 2020

Connecting Ethics To Engineering Through Conflict Minerals, James D. Mcguffin-Cawley

The International Journal of Ethical Leadership

No abstract provided.


A Qualitative Study Of Peer Reporting Of Attorney Ethical Misconduct, Jason Alan Helm Jan 2020

A Qualitative Study Of Peer Reporting Of Attorney Ethical Misconduct, Jason Alan Helm

Walden Dissertations and Doctoral Studies

Attorney misconduct affects the victims, the justice system, and the reputation of the entire legal profession. The legal profession suffers from a negative public perception because of a perceived lapse of ethical conduct. This study was designed as a general qualitative study and its purpose was to understand the processes attorneys experience regarding peer reporting of attorney ethical misconduct. The questions examined in this study was whether attorneys were willing to report their peer's ethical misconduct and why those attorneys decided to report or not report their peer's ethical misconduct. Twenty open-ended questionnaires were collected from a sampling of active, …


Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva Dec 2019

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …


Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston Jun 2019

Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston

Sara Langston


The increasing scope of private actors engaging in the use and exploration of outer space, now and in the future, is proffering a myriad of activities directed towards and conducted in outer space. These include human space transportation, space resource utilization, space tourism, space stations and prospective human settlements, as well as an influx of supporting space-based assets and platforms. Consequently, it is likely that as access to space opens and the number of multi-national/ multi-cultural space actors expands, the interests and concerns for protecting the rights, safety and security of these nongovernmental entities and their agents will become a …


Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe Jun 2018

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

All Faculty Scholarship

In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …


Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel Dec 2017

Nailing Jello To A Tree: A Christian Approach To Ethics In Intelligence, Melanie Scherpereel

Senior Honors Theses

This paper will discuss Christian involvement in the intelligence field in addition to the ethical issues inherent to intelligence, specifically deception, including lying and manipulation, and technology as a force multiplier. Many Christians believe that intelligence is fundamentally a field of extensive deception that should be avoided. Ethics and morality, what it means to tell the truth, and biblical examples of people who used deception and were commended, will be analyzed from a Christian worldview perspective. The arguments will be presented in order that Christians may be able to understand how to apply the two greatest commandments, to love our …


Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza Dec 2017

Toward A Legal Harm Principle: Constructing And Applying A Legal Principle From John Stuart Mill's General Harm Principle, Kathryn Alice Zawisza

Graduate Theses and Dissertations

My goal in this work is to outline a specifically legal harm principle that is derived from John Stuart Mill’s harm principle in On Liberty. I will do this by providing a close reading of On Liberty and comparing it to what he says in chapter V of Utilitarianism. I believe that these two works provide a foundation for a harm principle that defines the domain and limits of the law. While this goal is not new, I focus on Mill’s general harm principle and the two maxims that he believes make it up in order to construct a relatively …


Reforming The Juvenile Justice System: Rehabilitation And Key Factors That Influence Juvenile Crime, Caitlyn Kenville May 2017

Reforming The Juvenile Justice System: Rehabilitation And Key Factors That Influence Juvenile Crime, Caitlyn Kenville

3690: A Journal of First-Year Student Research Writing

Overview: Aaron Phillips, a man from Pennsylvania, has been in prison for over three decades for a crime he committed when he was seventeen years old. When Aaron was seventeen, he and his friend stole and elderly man’s wallet and pushed him down in the process. Although the man was injured, he was up and walking after his injury. About two and a half weeks after the incident, the elderly man died from cardiac arrest, after having surgery to repair his fractured hip along with a separate intestinal surgery. Aaron was convicted of felony murder and tried as an adult. …


Defining Biometrics: Toward A Transnational Ethic Of Personal Information, Nicola Morrow Apr 2017

Defining Biometrics: Toward A Transnational Ethic Of Personal Information, Nicola Morrow

International Studies Honors Projects

Innovations in biotechnology, computer science, and engineering throughout the late 20th and early 21st centuries dramatically expanded possible modes of data-based surveillance and personal identification. More specifically, new technologies facilitated enormous growth in the biometrics sector. The response to the explosion of biometric technologies was two-fold. While intelligence agencies, militaries, and multinational corporations embraced new opportunities to fortify and expand security measures, many individuals objected to what they perceived as serious threats to privacy and bodily autonomy. These reactions spurred both further technological innovation, and a simultaneous proliferation of hastily drafted policies, laws, and regulations governing the collection, …


Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson Dec 2016

Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson

Stephen E Henderson

In 1964, the comic world was introduced to its first physically disabled practicing attorney: Matt Murdock. Initially a proud graduate of "State College" and later more impressively pedigreed as a graduate of either Columbia or Harvard Law, Murdock supplemented his day job as attorney with a side of vigilante justice as Daredevil.

In 2003, Murdock became the only attorney superhero to appear as the title character in a movie. A truly awful movie, yes, but a movie all the same. And then in 2015, thanks to the talents of Drew Goddard, Murdock became the star of a terrific television series. …


The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez Jan 2016

The History Of Inequality In Education And The Question Of Equality Versus Adequacy, Diana Carol Dominguez

Honors Undergraduate Theses

Although the U.S. Constitution espouses equality, it clearly is not practiced in all aspects of life with education being a significant outlier. In the Declaration of Independence, Thomas Jefferson wrote about inalienable rights to life, liberty, and the pursuit of happiness. These two theories are related to education through educational adequacy and equality. Sufficientarianism, or educational adequacy, says that what is important is that everyone has “good enough” educational opportunities, but not the same ones. Egalitarianism, or educational equality, says that there is an intrinsic value in having the same educational opportunities and only having good enough opportunities misses something …


Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier Jan 2016

Armed Drones: An Age Old Problem Exacerbated By New Technology, Grant H. Frazier

Pomona Senior Theses

The purpose of this thesis is to examine the history behind and the use of militarized drones in modern day conflicts, and to conclude whether the use of these machines, with special attention to the United States, is legal, ethical, and morally defensible. In achieving the aforementioned goals, shortcomings of current policy surrounding drone warfare will be highlighted, acting as the catalyst for a proposal for changes to be made to better suit legal, ethical, and moral considerations. The proposal of a policy to help us work with armed drones is due to the fact that this thesis acknowledges that …


Nursing Ethics And The 21st-Century Armed Conflict: The Example Of Ciudad Juárez, Kathleen A. O'Connor Jan 2015

Nursing Ethics And The 21st-Century Armed Conflict: The Example Of Ciudad Juárez, Kathleen A. O'Connor

Departmental Papers (S&A)

The purpose of this article is to call attention to the lack of caregiver safety in conflict settings; to bring awareness to nurses and health care professionals of new challenges, specifically the deliberate targeting of health care professionals, that they may encounter in local armed conflict situations; and to address a gap in knowledge about the social and cultural factors surrounding 21st-century armed conflict that directly affect the provision of health care. I argue that these are of interest to transcultural nursing in that violent actors belong to a dangerous subculture, the understanding of which is important to transcultural nursing …


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …


Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret Jan 2013

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …