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

Law Commons

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

Articles 31 - 51 of 51

Full-Text Articles in Law

On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill Dec 2008

On Realism's Own 'Hangover' Of Natural Law Philosophy: Llewellyn Avec Dooyeweerd, David Caudill

David S Caudill

No abstract provided.


The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky Sep 2008

The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky

Noah B Novogrodsky

This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …


The Chicago School Virus, Spencer Weber Waller Jan 2008

The Chicago School Virus, Spencer Weber Waller

Spencer Weber Waller

The Chicago School of Law and Economics is a leading example of a highly successful legal ideology. As one recent commentator has noted: "[T]he basic characteristic of the Chicago School is the belief that free markets and the price mechanism are the most effective and desirable ways for a society to organize production and economic life in general." The Chicago School of Law and Economics applies these insights to legal questions and views the creation and enforcement of legal rules primarily in terms of how legal rules and institutions promote allocative efficiency and wealth maximization.

While much ink has been …


The Cross-Border Insolvency Regulations 2006: An Emerging Jurisprudence, Adrian Walters, S. Shivji, A. Smith Dec 2007

The Cross-Border Insolvency Regulations 2006: An Emerging Jurisprudence, Adrian Walters, S. Shivji, A. Smith

Adrian J Walters

No abstract provided.


Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead Jan 2007

Neuroimaging And The "Complexity" Of Capital Punishment, Orlando Carter Snead

O. Carter Snead

The growing use of brain imaging technology to explore the causes of morally, socially, and legally relevant behavior is the subject of much discussion and controversy in both scholarly and popular circles. From the efforts of cognitive neuroscientists in the courtroom and in the public square, the contours of a project to transform capital sentencing both in principle and practice have emerged. In the short term, such scientists seek to intervene in the process of capital sentencing by serving as mitigation experts for defendants, where they invoke neuroimaging research on the roots of criminal violence to support their arguments. Over …


Christian Legal Theory: The Example Of Dooyeweerd's Critique Of Romanist Individualism And Germanic Communitarianism In Property Law, David Caudill Dec 2006

Christian Legal Theory: The Example Of Dooyeweerd's Critique Of Romanist Individualism And Germanic Communitarianism In Property Law, David Caudill

David S Caudill

No abstract provided.


Neo-Calvinism And Science: A Christian Perspective On Post-Daubert Law/Science Relations, David Caudill Dec 2006

Neo-Calvinism And Science: A Christian Perspective On Post-Daubert Law/Science Relations, David Caudill

David S Caudill

No abstract provided.


Lacan, Law, And Science: Striking The Balance Between Real And Symbolic, David Caudill Dec 2006

Lacan, Law, And Science: Striking The Balance Between Real And Symbolic, David Caudill

David S Caudill

No abstract provided.


Law-And-Literature, Literature-And-Science, And Enhancing The Discourse Of Law/Science Relations, David Caudill Jul 2003

Law-And-Literature, Literature-And-Science, And Enhancing The Discourse Of Law/Science Relations, David Caudill

David S Caudill

No abstract provided.


Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado Dec 2001

Teacher’S Manual To Accompany Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado

Robert L. Hayman

No abstract provided.


Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado Dec 2001

Jurisprudence: Classical And Contemporary: From Natural Law To Postmodernism, Robert Hayman, Nancy Levit, Richard Delgado

Robert L. Hayman

No abstract provided.


Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit Dec 2001

Un-Natural Things: Constructions Of Race, Gender, And Disability, Robert Hayman, Nancy Levit

Robert L. Hayman

No abstract provided.


A Calvinist Perspective On The Place Of Faith In Legal Scholarship, David Caudill Jul 2001

A Calvinist Perspective On The Place Of Faith In Legal Scholarship, David Caudill

David S Caudill

No abstract provided.


Lacanian Social Psychoanalysis: Religion And Community In A Pluralistic Society, David Caudill Dec 1999

Lacanian Social Psychoanalysis: Religion And Community In A Pluralistic Society, David Caudill

David S Caudill

No abstract provided.


The Future Of Freud In Law, David Caudill Jul 1998

The Future Of Freud In Law, David Caudill

David S Caudill

No abstract provided.


Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin Dec 1997

Book Review (Reviewing Olufemi Taiwo, Legal Naturalism: A Marxist Theory Of Law (1996), Robert Lipkin

Robert Justin Lipkin

No abstract provided.


Re-Returning To Freud: Critical Legal Studies As Cultural Psychoanalysis, David Caudill Jul 1995

Re-Returning To Freud: Critical Legal Studies As Cultural Psychoanalysis, David Caudill

David S Caudill

No abstract provided.


Introduction: Philosophy With A Focus, David Caudill Jul 1995

Introduction: Philosophy With A Focus, David Caudill

David S Caudill

No abstract provided.


Two Ideological Monsters: The Subject Of The Bar And The Object Of Desire In Bleak House, David Caudill Jul 1995

Two Ideological Monsters: The Subject Of The Bar And The Object Of Desire In Bleak House, David Caudill

David S Caudill

No abstract provided.


Lacan And Law: Networking With The Big [O]Thertheory, David Caudill Jul 1992

Lacan And Law: Networking With The Big [O]Thertheory, David Caudill

David S Caudill

No abstract provided.


Jacques Lacan And Our State Of Affairs: Preliminary Remarks On Law As Other, David Caudill Jul 1992

Jacques Lacan And Our State Of Affairs: Preliminary Remarks On Law As Other, David Caudill

David S Caudill

No abstract provided.