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Articles 1 - 6 of 6
Full-Text Articles in Law
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Everything You Wanted To Know About Justice Scalia But Were Afraid To Ask, Or Don't Look Now But Justice Scalia's Originalism Approach Is Fatally Flawed, Arthur R. Landever
Law Faculty Presentations and Testimony
I do not deny Justice Scalia's valiant efforts to vote based upon his originalist principles. But both a justice and an observer are well advised to understand the implications of the culture surrounding the Supreme Court. Originalism, in assuming present culture plays little part, and in seeking to operate in a closed universe, distorts the reality of judicial decision-making, and to that extent, risks unsound constitutional interpretations.
A Sign Of Contradiction, David F. Forte
A Sign Of Contradiction, David F. Forte
Law Faculty Articles and Essays
Hadley Arkes offers a brilliant manifesto for natural law. In it, he suggests that judges do not pay enough attention to reason, that their realm of reason is too circumscribed—and he levels the criticism at both modern liberal and conservative judges. He urges them to reach out specifically to the principles of the natural law. Yet the judges resist the invitation. They seem always to have resisted the invitation. Why is that so? Why are natural law reasons resisted?, Arkes asks. Why do judges not seek a proper grounding of their judgment in natural law?
Stunning Trends In Shocking Crimes: A Comprehensive Analysis Of Taser Weapons, Shaun H. Kedir
Stunning Trends In Shocking Crimes: A Comprehensive Analysis Of Taser Weapons, Shaun H. Kedir
Journal of Law and Health
In 2001, Westminster, Colorado police officers were dispatched to the home of a suicidal thirteen year-old girl who had barricaded herself in a bathroom. The young girl was mutilating her wrist with two butcher knives. When police officers forced their way into the bathroom, the emotionally disturbed girl charged at them with the two butcher knives while screaming, "Kill me! Kill me!." One of the officers deployed a Taser M26, a hand held conductive energy weapon, which fires two barbed darts up to a distance of thirty-five feet that then deliver an electric shock of 50,000 volts. The officer's Taser …
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Federally Mandated Informed Consent: Has Government Gone Too Far, Linda P. Mckenzie
Journal of Law and Health
Laws mandating disclosure of particular information are known as informed consent laws. They exist primarily in the area of reproductive health and most often apply to women seeking abortion. This article discusses the legal and ethical issues that arise when lawmakers decide what patients must be told before they can access certain medical procedures. Part II examines some of the ethical implications of informed consent laws. Physicians have a duty to obtain a patient's informed consent before acting. Part III discusses legal concerns raised by informed consent laws. These include the First Amendment free speech rights of physicians and patients' …
Reason's Freedom And The Dialectic Of Ordered Liberty , Edward C. Lyons
Reason's Freedom And The Dialectic Of Ordered Liberty , Edward C. Lyons
Cleveland State Law Review
The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive …
Some Words On Arthur Landever's Retirement From His Colleague, Steve Lazarus, Stephen R. Lazarus
Some Words On Arthur Landever's Retirement From His Colleague, Steve Lazarus, Stephen R. Lazarus
Law Faculty Articles and Essays
Professor Lazarus recalls the years of service Professor Landever contributed to the Cleveland-Marhshall College of Law, and his contributions as an educator, legal scholar, and colleague.