Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Demarcating The Right To Gather News: A Sequential Interpretation Of The First Amendment, Erik Ugland
Erik Ugland
The recent spate of cases in which reporters have been subpoenaed, fined, jailed, or otherwise disciplined has laid bare the divisions among the courts over the existence and scope of the “reporter’s privilege.” The cases have also exposed the doctrinal, historical, and theoretical infirmities of the broader legal framework that governs newsgathering. Resolving these conflicts has grown more urgent with the democratization of media and the emergence of bloggers and other news providers who have challenged traditional conceptions of “journalists” and “the press.” To settle these controversies, this Article moves past the courts’ desultory analyses, focuses on core principles, and …
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Afflicting The Comfortable: An Assessment Of The Stasis In International Bioethical Discourse, Sam Grey
Sam Grey
Despite decades of clinical research being carried out in the 'developing' world, neither the socio-political and economic context of the global South, nor the nature and historical trajectory of global inequality have played a substantive role in determining the nature and extent of North-to-South bioethical obligations. Instead, context has been used to vacate obligation, shut out theories of justice, and collapse the “four principles' of bioethics” – sacrosanct in the 'developed’ world - into a singular, non-negotiable focus on autonomy as a procedurally-defined right. Proponents of a minimum-standards system of international clinical research conflate scientific, statistical, economic, and ethical issues, …
In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey
In Harm's Way: Justification, Excuse, And Civilian Safety In Just War Theory, Sam Grey
Sam Grey
Just War Theory asserts that armed conflict can be fought in a way that safeguards moral and legal norms while responding to pragmatic/military imperatives. One of the ways in which it seeks to safeguard justice is through specific provisions for the immunity of, and due care for, the vulnerable and innocent. Unfortunately, two doctrines within Just War Theory – the Doctrine of Double Effect and the Doctrine of Supreme Emergency – suspend or vacate these provisions. The net effect is to render justifications inaccessible, leaving only excuses, the use of which establishes that no one is truly accountable, no meaningful …