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Full-Text Articles in Law
Law As Instrumentality, Jeremiah A. Ho
Law As Instrumentality, Jeremiah A. Ho
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Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …
Missing The 'Target': Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah Yearby
Missing The 'Target': Preventing The Unjust Inclusion Of Vulnerable Children For Medical Research Studies, Ruqaiijah Yearby
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The central purpose of medical research on children is to generate new knowledge that can improve children’s health, subject to ethical standards that promote justice. Incorporated in U.S. law, international law, and European Union law, the Justice Principle prohibits targeting in medical research, which is the selection of research subjects because of their manipulability and compromised position, rather than for reasons directly related to the problem being studied. Unfortunately, medical research studies involving children have too often violated the Justice Principle, by targeting children in a compromised position due to their health status and vulnerable to manipulability because of their …
A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools, Jeremiah A. Ho
A Vast Image Out Of Spiritus Mundi: The Existential Crisis Of Law Schools, Jeremiah A. Ho
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In her recent book, Teaching Law: Justice, Politics, and the Demands of Professionalism, Robin L. West articulates that the crisis is not merely as the The New York Times and other media outlets have described it — not entirely about the faulty business practices of law schools or the lack of practice-oriented teaching in law classrooms. Instead, the crisis lies at the existential core of law schools. The original nineteenth-century set-up of the American law school and that model’s continued existence today have contributed to an identity crisis for law schools, revealing its major incompatibility with how the law is …
The Injustice Of Inclusion And Fair Opportunity: Exploiting Children In Medical Research For The Benefit Of An Unworthy Society, Ruqaiijah Yearby
The Injustice Of Inclusion And Fair Opportunity: Exploiting Children In Medical Research For The Benefit Of An Unworthy Society, Ruqaiijah Yearby
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The history of pediatric medical research has been characterized as a history of child abuse. Usually, the debate regarding the use of children in medical research has centered on questions of Autonomy (informed consent) and Beneficence (the best interest of the child based on a benefit risk analysis). The debate has rarely focused on the question of which children should participate in medical research by discussing the legal principle of Justice (prohibits use of vulnerable populations for medical research who are already overly burdened for medical research unrelated to health issues affecting them and requires that populations who participate in …