Law Commons^™

Jual Obat Aborsi Medan, Toko Saudara, Obat Aborsi Di Kota Medan

toko saudara

Blackmail: Deontology - 1993, Wendy J. Gordon

Scholarship Chronologically

The basic logic of my deontologic approach is this.

Blackmail: Dde-Type Inquiries - 1993, Wendy J. Gordon

Scholarship Chronologically

DDE-type inquiries usually emerge from a particular brand of intuitionistically-applied deontology which one might call a "theory of side-constraints". From the deontologic notion that "persons are ends, not means," philosophers of this stripe have intuited a number of constraints that should constrain moral actors regardless of the cost. The science of side-constraints is obviously inconsistent with theories such as utilitarianism and economic wealth-maximization, where assessing the costs and benefits of an action constitute the primary guide for action. By contrast side-constraint philosophers tell us that one may not kill another person even to save a large number of other persons; …

The Uses Of Art: Medieval Metaphor In The Michigan Law Quadrangle, Ilene H. Forsyth

About the Buildings

Within the architectural diversity of Michigan's Ann Arbor campus, a campus with a spread and a variety as extended as that of the university community itself, there is a place apart: the Cook Law Quad. The distinct ambiance created by the quad's buildings seems at variance with the melange that marks the rest of the campus where the free growth of the university over a long period of time has resulted in structures of various styles and uneven levels of distinction. Yet the quad's special character is not simply a matter of its architectural unity, as is often claimed. There …

Maine Women's Lobby News Letter (1993 - January) No. 1, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Three Uses Of The Law: A Protestant Source Of The Purposes Of Criminal Punishment, John Witte Jr., Thomas C. Arthur

Faculty Articles

In this article, we focus on the interaction of Anglo-American criminal law and Protestant theological doctrine. We argue (1) that the sixteenth-century Protestant theological doctrine of the uses of moral law provided a critical analogue, if not antecedent to the classic Anglo-American doctrine of the purposes of criminal law and punishment; and (2) that this theological doctrine provides important signposts to the development of a more integrated moral theory of criminal law and punishment in late twentieth century America.

Part One of this Article sets out the theological doctrine of the "civil," "theological," and "educational" uses of the moral law, …

Turning Wine Into Water: Water As Privileged Signifier In The Grapes Of Wrath, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

I will argue that The Grapes of Wrath represents an indictment of the American myth of the garden and its accompanying myth of the frontier. The lever with which Steinbeck pries apart and ultimately dismantles these fictions is a critique of the agricultural practices that created the Dust Bowl and then metamorphosed into a new set of norms which continued to victimize both the land and its inhabitants. Both nineteenth-century homesteading (based on the Homestead Act of 1862) and agribusiness, its twentieth century descendant (born from the failure of the Homestead Act), relied on the (mis)use of water to accomplish …

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a …

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …

Autour Du Contrat Naturel, Serge Gutwirth

Serge Gutwirth

L'appel de Michel Serres au droit ne saurait être sous-estimé. C'est là d'ailleurs son principal apport : la nouvelle alliance, la Constitution amoderne ou la pensée d'une histoire ouverte entremêlée des hommes et des choses, passent par le droit. Plus encore, elles doivent passer par le droit pour éviter le contrecoup totalitaire qui les guette. La métaphore du contrat naturel nous importe donc parce qu'elle rend possible la pensée du rapport homme-nature comme rapport juridique, c.-à-d. comme rapport de pouvoir ouvert à la médiation juridique qui chercherait à préserver et à articuler le projet commun des hommes, leur liberté individuelle …

De Toepassing Van Het Finaliteitsbeginsel Van De Privacywet Van 8 December 1992 Tot Bescherming Van De Persoonlijke Levenssfeer Ten Opzichte Van De Verwerking Van Persoonsgegevens’ [The Application Of The Purpose Specification Principle In The Belgian Data Protection Act Of 8 December 1992], Serge Gutwirth

Serge Gutwirth

Teneinde de toepassing van het finaliteitsbeginsel - hoeksteen van de Privacywet van 8 december 1992 - (prospectief) te onderzoeken, wordt de wet gesitueerd op maatschappelijk, rechtstheoretisch en rechtspositief vlak (deel I). Alleen na zo'n situering kan de vraagstelling van de toepassing van het finaliteitsbeginsel bevredigend worden beantwoord (deel II). Uit de duiding van de inworteling, doelstellingen en maatschappelijke betekenis van de Privacywet mogen volgende conclusies getrokken worden (deel I). 1. De Privacywet raakt aan de grondslagen van de rechtsstatelijke democratie, omdat zij een fundamentele regel expliciteert, met name het grondrecht op eerbiediging van de persoonlijke levenssfeer (bij de verwerking van …

Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager

All Faculty Scholarship

No abstract provided.

Ua12/8 Chief News, Wku Police

WKU Archives Records

WKU Police departmental newsletters for 1993.

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …

Philosophy/Philosophy, An Untenable Dualism, Susan Haack

Articles

No abstract provided.

Voting Rights, Reapportionment, And Majority-Minority Districts, Christy Tosh

Honors Theses

The challenge is to navigate the untrodden area of reapportionment, in particular majority-minority districts. The Supreme Court has ruled in various reapportionment cases, yet these cases continue to plague the dockets of the United States Supreme Court. The focus of research is to evaluate the new phenomenon of majority-minority districts as it has progressed through constitutional amendments, civil and voting rights acts, and Supreme Court cases, all of which culminate in the 1992 elections. The 1990 Census and reapportionment were the birth of majority-minority districts. In creating these districts, one must look at the most effective percentage breakdowns in each …

Comprehension Of Miranda Rights By 14-18 Year Old African-American And Caucasian Males With And Without Learning Disabilities, Barbara Anne Zaremba

Dissertations, Theses, and Masters Projects

According to a nationwide study completed by the National Center for State Courts in 1980, apprehended juveniles are usually notified of their Miranda rights at various times from the point of contact with the police through and including the adjudicatory hearing. If the juvenile desires to relinquish those rights, he/she is required to sign a document attesting to his/her understanding of and wish to waive those rights. This descretionery privilege places the juvenile on the same Constitutional footing as an adult.;The purpose of this study was to examine the comprehension of Miranda rights by a sample population of juveniles within …

Peirce And Logicism: Notes Towards An Exposition, Susan Haack

Articles

No abstract provided.

Art, Science And Technology In An Expanded Field, Adam Robert Lucas

Faculty of Law, Humanities and the Arts - Papers (Archive)

The author suggests that new concepts in twentieth-century science not only provides commonalitites between the arts, sciences and humanities, they also point to the emergence of a new philosophy of nature with some promising political, sociological and technological implication. These developments demand a throught-going ethical practice and a fundamental reformulation of accepted notions of creativity, consciousness and natural and social organization. Outlining key concepts and discoveries in twentieth-century science and philosophy, the author draws attention to the existence of a strong organismic or process tradition in Western culture that is re-emerging in various fields of the physical, biological and social …

Edgy Laughter: Women And Australian Humour, Dorothy Jones

Faculty of Law, Humanities and the Arts - Papers (Archive)

Offers a look on how Australian humor describes the status of women in several literary works. Women writers' treatment of their marginalization in society; Creation of a world where gender power relations are reversed; Description of male myths of nationhood; Satirical presentation of gender bias..

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …

Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

Ignorance And Procedural Law Reform: A Call For A Moratorium, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Racism And Patriarchy In The Meaning Of Motherhood, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton

All Faculty Scholarship

No abstract provided.

Crime, Race And Reproduction, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

The Governorship Of Bob Riley, Brian Stanford Miller

Honors Theses

Without a backward glance Bob Riley, his wife, Claudia, and their daughter, Megan negotiated the Capitol stairway to the bottom floor, while above them in the House chamber legislators waited for the arrival of the 39th governor of Arkansas. At the bottom of the steps Vaughn Webb, an aide in the Secretary of State's office, presented Riley with an Arkansas state flag that had flown that morning of January 14, 1975, while several admirers applauded from the second floor railing above. Riley then left for Arkadelphia, where he would resume his role as head of the Political Science department at …

The Incompleat Burkean: Bruce Ackerman's Foundation For Constitutional History, Eben Moglen

Faculty Scholarship

With this book, the first in a projected series of at least three volumes, Bruce Ackerman confirms what attentive readers of his law review articles of the past ten years have already known-he is the most original and important writer on constitutional theory in the contemporary English-speaking world. We the People: Foundations, despite its informal, sometimes overly talky style, is not an easy book. Filled to the brim, even to overflowing, and containing many gestures in the direction of arguments to be made in future volumes rather than the substance of the arguments themselves, it presents both the casual reader …

When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …