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Articles 1 - 25 of 25

Full-Text Articles in Law

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor Nov 2002

Trends. Implications Of War And Peace For The Morality, Ethics, And Legality Of Killing And Incarceration, Ibpp Editor

International Bulletin of Political Psychology

This article provides a perspective for the controversy surrounding the appropriateness of killing and incarceration during a war on terrorism with global reach.


Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia Jul 2002

Deliberation Disconnected: What It Takes To Improve Civic Competence, Arthur Lupia

Law and Contemporary Problems

Lupia argues that the suggestions of those who advocate deliberative democracy to incorporate more and more law-like precepts into politics will not achieve the ultimate ambition of deliberative theory, which is to have the resolution of disputes turn on nothing but the force of the better argument. Lupia discusses mechanisms to build civic competence by creating conditions in which the better argument has an improved change of winning the battle.


When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat Apr 2002

When Memory Speaks: Remembrance And Revenge In Unforgivent, Austin Sarat

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel Apr 2002

Introduction To Law, Morality, And Popular Culture In The Public Sphere Symposium, Lauren K. Robel

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas Apr 2002

Law Meets Food: Breakfast At Hilary's, Fedwa Malti-Douglas

Indiana Law Journal

Symposium on "Law, Morality, and Popular Culture in the Public Sphere" at the Indiana University School of Law-Bloomington, April 6, 2001.


Survey Of Developments In The Law Of West Virginia: 2001 Part One, J. Christopher Gardill, Ashley Wilkinson, G. Kurt Dettinger, Paul L. Frampton, Paul W. Gwaltney Jr., Tammy Clark, Parween S. Mascari, Amy Moats, Kristina Thomas, Michael A. Menzel Jr., Matthew A. Nelson Apr 2002

Survey Of Developments In The Law Of West Virginia: 2001 Part One, J. Christopher Gardill, Ashley Wilkinson, G. Kurt Dettinger, Paul L. Frampton, Paul W. Gwaltney Jr., Tammy Clark, Parween S. Mascari, Amy Moats, Kristina Thomas, Michael A. Menzel Jr., Matthew A. Nelson

West Virginia Law Review

No abstract provided.


Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali Jan 2002

Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali

ILSA Journal of International & Comparative Law

When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.


Transnational Accountability And The Politics Of Shame, James N. Rosenau Jan 2002

Transnational Accountability And The Politics Of Shame, James N. Rosenau

ILSA Journal of International & Comparative Law

Since my work on world affairs is sensitive to the legal dimensions of the course of events, it is an especial pleasure to participate for the first time in a meeting of the International Law Association.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller Jan 2002

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.


Litigation In The Consumer Interest, Geraint Howells, Rhoda James Jan 2002

Litigation In The Consumer Interest, Geraint Howells, Rhoda James

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century. Looking back on the last four decades, one can now clearly detect a trend for special legislation protecting the interests of consumers.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.


Front Matter Jan 2002

Front Matter

Animal Law Review

No abstract provided.


Enforcing Existing Rights, Cass R. Sunstein Jan 2002

Enforcing Existing Rights, Cass R. Sunstein

Animal Law Review

No abstract provided.


Political Ideology And The Legal Status Of Animals, Robert Garner Jan 2002

Political Ideology And The Legal Status Of Animals, Robert Garner

Animal Law Review

Mr. Garner challenges the traditional notion that significant improvements to animals’ well being cannot be achieved absent an abolition of their status as mere property. In so doing, Mr. Garner explores political factors affecting animal protection, including the current ideological climate and western notions of liberalism.


The Legal Status Of Nonhuman Animals Jan 2002

The Legal Status Of Nonhuman Animals

Animal Law Review

On September 25, 1999, a distinguished group of legal scholars met in New York City at the 5th Annual Conference on Animals and the Law, hosted by the Committee on Legal Issues Pertaining to Animals of the Association of the Bar of the City of New York, to discuss how the law classifies nonhuman animals and whether the current legal framework is in accord with scientific understanding, public attitudes, and fundamental principles of justice. This conference took a monumental step in facilitating discussion about, and furthering the cause of, the legal protection and welfare of nonhuman animals.

Comments are included …


Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett Jan 2002

Roots Of Human Resistance To Animal Rights: Psychological And Conceptual Blocks, Steven J. Bartlett

Animal Law Review

Mr. Bartlett discusses the psychological and conceptual impediments to human acceptance of the notion of animal rights. He posits that human characteristics such as homocentrism, human narcissism, and species-selfishness all function to keep animals from securing their rightful place in the existing social and legal framework. Mr. Bartlett also argues that human attitudes, policies, and behavior affecting animals are influenced by underlying conceptual pathologies, and that animal advocates would be well served by taking into account such human pathologies in their quest for greater animal protection.


Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl Jan 2002

Shoot First, Talk Later: Blowing Holes In Freedom Of Speech, Jacqueline Tresl

Animal Law Review

Ms. Tresl examines the constitutionality of hunter harassment laws. When a five-step doctrinal analysis is applied to hunter harassment statutes, it is clear that the statutes are content-based and subject to the strictest of scrutiny. Because the statutes fail the strict scrutiny test, they therefore violate the American citizenry’s First Amendment right to free expression.


2001 Legislative Review, Laurie Fulkerson Jan 2002

2001 Legislative Review, Laurie Fulkerson

Animal Law Review

No abstract provided.


Animal Law And Animal Rights On The Move In Sweden, Helena Striwing Jan 2002

Animal Law And Animal Rights On The Move In Sweden, Helena Striwing

Animal Law Review

Ms. Striwing, an attorney at law in Sweden, provides a glimpse into Swedish laws and practices affecting animals in that country. She discusses the development and characteristics of such laws and offers suggestions regarding implementation and enforcement that may also be utilized by other countries in their quests to afford animals greater legal protections.


The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson Jan 2002

The World Trade Organisation Rules: A Legal Analysis Of Their Adverse Impact On Animal Welfare, Peter Stevenson

Animal Law Review

Mr. Stevenson analyzes the free trade rules of the World Trade Organisation and discusses their detrimental impact on certain measures designed to protect animals. Specifically, he discusses U.S. laws to safeguard dolphins and sea turtles, as well as proposed EU laws regarding leghold traps and cosmetic testing on animals. Mr. Stevenson provides an analysis of current WTO rule interpretation, identifies ways in which the rules should be reformed, and provides a less restrictive interpretation that would permit the existence of measures designed to improve animal welfare.


The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler Jan 2002

The Economic Value Of Companion Animals: A Legal And Anthropological Argument For Special Valuation, Geordie Duckler

Animal Law Review

Mr. Duckler delves into valuation issues that arise in the context of recovery of non-economic damages for death and injury to companion animals. He argues that the special nature of companion animals in society necessitates an assigned monetary worth to such animals that is distinct from and exceeds mere market value. As support for this contention, Mr. Duckler provides relevant legal, sociological, and anthropological analyses.


Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland Jan 2002

Canning Canned Hunts: Using State And Federal Legislation To Eliminate The Unethical Practice Of Canned "Hunting", Laura J. Ireland

Animal Law Review

Ms. Ireland explores the methodologies, ethics, and dangers of canned hunting and offers ways to challenge the practice through existing and proposed state and federal statutes. In so doing, Ms. Ireland examines statutory law as it relates to exotic animals, the definition of “animal,” the anti-cruelty exemptions, and husbandry practices. Finally, the feasability of statutory enforcement by agencies is examined.


Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell Jan 2002

Could A Chimpanzee Or Bonobo Take The Stand?, Angela Campbell

Animal Law Review

No abstract provided.


Australian Medico-Legal Issues In Sport: The View From The Grandstand, Hayden Opie Jan 2002

Australian Medico-Legal Issues In Sport: The View From The Grandstand, Hayden Opie

Marquette Sports Law Review

No abstract provided.