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Articles 1 - 30 of 83
Full-Text Articles in Law
Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry
Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry
San Diego Law Review
This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …
Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt
Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt
San Diego Law Review
This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
The Place Of Religious Argument In A Free And Democratic Society, Robert Audi
San Diego Law Review
This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …
Constructing An Ideal Of Public Reason, Lawrence B. Solum
Constructing An Ideal Of Public Reason, Lawrence B. Solum
San Diego Law Review
In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.
Liberalism, Religion And The Unity Of Epistemology, Larry Alexander
Liberalism, Religion And The Unity Of Epistemology, Larry Alexander
San Diego Law Review
This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …
Beyond Religion And Enlightenment, Charles Larmore
Beyond Religion And Enlightenment, Charles Larmore
San Diego Law Review
This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.
Religious Contributions In Public Deliberation, Jeremy Waldron
Religious Contributions In Public Deliberation, Jeremy Waldron
San Diego Law Review
This Article commences with an excerpt from a "Pastoral Letter on Catholic Social Teaching and the U.S. Economy" published in 1986 by the National Conference of Catholic Bishops. Through this letter, the author leads us to the question, "What part should doctrines and arguments rooted in religious beliefs play in public debate?" The author views such religious contributions as relevant to secular politics. He recommends that people value rethinking the structure of their premises, and see the value of an open, challenging, and indeterminate form of public deliberation in which nothing is taken for granted. He concludes that we can …
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
Contexts Of The Political Role Of Religion: Civil Society And Culture, David Hollenbach S.J.
San Diego Law Review
This Article argues that we need to frame the question of the relation of religion to public life in a way that goes beyond discussion of the direct impact of religious convictions on policy choices. The Article considers religion's public influences, such as its influence on the multiple communities and institutions of civil society and on the public self-understanding of a society called culture. In considering these influences, the author offers a new perspective on the role of religious belief in the decisions of those who draft legislation, reach judicial decisions, administer the domestic and foreign affairs of the nation, …
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
Religion And Public Debate In A Liberal Society: Always Oil And Water Or Sometimes More Like Rum And Coca-Cola, Maimon Schwarzschild
San Diego Law Review
This Article analyzes the role of religion during the Enlightenment, particularly focusing on the negative views toward Christianity. The author explores the reasons why Christianity was not embraced by Enlightenment thinkers, and attempts to relate this to the modern view of religion. Where religious thinking posed a considerable threat to institutions in the era of Enlightenment, religious thinking arguably does not pose such a threat in modern times. The author concludes with an argument that the presence of religion in modern society strengthens pluralism, and thus strengthens liberal society itself.
Cultural Identities And Global Political Economy From An Anthropological Vantage Point, Davydd J. Greenwood
Cultural Identities And Global Political Economy From An Anthropological Vantage Point, Davydd J. Greenwood
Indiana Journal of Global Legal Studies
No abstract provided.
Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck
Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck
Indiana Law Journal
No abstract provided.
Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan
Individual Control Of Risk: Seat Belt Use, Subjective Norms And The Theory Of Reasoned Action, Juanita V. Field, Kenneth D. Boehm, Kevin M. Vincent, Jessica L. Sullivan
RISK: Health, Safety & Environment (1990-2002)
When faced with a risk for which an inexpensive solution is available, individuals often choose the risk rather than the solution. Protection from certain kinds of risks, e.g., using seat belts or condoms or insulating against radon, is largely under personal control, but individuals often choose not to comply with behaviors which would reduce the risk. The Theory of Reasoned Action (TRA) has been used to predict when individuals will comply. The authors attempted to validate aspects of the TRA by the use of scenarios. Factor analysis of their data supports the theory that intention is a major determinate of …
Book Review, Timothy J. Arel
Book Review, Timothy J. Arel
RISK: Health, Safety & Environment (1990-2002)
Review of: STANLEY M. ROSENBLATT, MURDER OF MERCY: EUTHANASIA O N TRIAL. (Prometheus Books 1992) [352 pp.] CIP: 92-25910; ISBN: 0-87975-772-8. [$24.95. 59 John Glenn Drive, Buffalo NY 14228-2197.]
Author Index To Volume Four, Risk Editorial Board
Author Index To Volume Four, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Index by author to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.
Book Review, Angela V. Tafro
Book Review, Angela V. Tafro
RISK: Health, Safety & Environment (1990-2002)
Review of: VICE PRESIDENT AL GORE, EARTH IN THE BALANCE: ECOLOGY AND THE HUMAN SPIRIT. (Plume 1993) [368 pp.] Acknowledgements, bibliography, figures, foreword, illustrations, index, notes. LC 92- 34013; ISBN 0-452-26935-0. [Paper $13.00. 375 Hudson Street, New York NY 10014.]
Title Index To Volume Four, Risk Editorial Board
Title Index To Volume Four, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Title index to all articles published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.
Index Of Book Reviews For Volume Four, Risk Editorial Board
Index Of Book Reviews For Volume Four, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Index to book reviews published in Volume Four (1993) of the journal RISK: Issues in Health and Safety.
Table Of Contents, Volume Four, Number Four, Fall 1993, Risk Editorial Board
Table Of Contents, Volume Four, Number Four, Fall 1993, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal RISK: Issues in Health & Safety (ISSN: 1073-8673).
A Critical Analysis Of Joint Board Policy At The Federal Energy Regulatory Commission, Frank P. Darr
A Critical Analysis Of Joint Board Policy At The Federal Energy Regulatory Commission, Frank P. Darr
San Diego Law Review
The Federal Power Act authorizes the use of joint boards to solve federal-state coordination problems. This Article is a critical analysis of the Federal Energy Regulatory Commission's (Commission) refusal to incorporate regional state boards in decision-making policies. The author suggests that this policy of division between the federal and state authorities is not consistent with the Commission's legislative mandate from Congress. He recommends that the Commission accommodate state desires for participation in those matters in which the balance of political needs favors coordinated action. This Article critiques the rationales offered by the Commission for avoiding the use of joint boards, …
An Examination Of The Current Status Of Rating Agencies And Proposals For Limited Oversight Of Such Agencies, Francis A. Bottini Jr.
An Examination Of The Current Status Of Rating Agencies And Proposals For Limited Oversight Of Such Agencies, Francis A. Bottini Jr.
San Diego Law Review
This Comment analyzes the market for ratings of both financial securities and insurance companies, and finds significant problems with rating agencies, such as lethargy in changing ratings, political influence, unsolicited ratings, and inaccurate ratings. To ensure that the federal securities laws continue to protect investors, this Comment recommends limited oversight of rating agencies. It proposes that Congress enact legislation granting the Securities and Exchange Commission explicit authority to mandate that all nationally recognized statistical rating organizations register with the SEC, and to establish minimum standards for their designation. Finally, the Comment examines First Amendment concerns associated with the regulation of …
The Entrepreneurial State Goes To Europe: State Economic Policies And Europe 1992, John J. Carroll, William E. Hudson, Mark S. Hyde
The Entrepreneurial State Goes To Europe: State Economic Policies And Europe 1992, John J. Carroll, William E. Hudson, Mark S. Hyde
New England Journal of Public Policy
This article investigates state-level export programs in response to the emerging new economic and political regime of Europe 1992. Little related export promotion activity is found, even in states reputed to have the most active entrepreneurial policies. The authors conclude that states have few resources to invest in export promotion and are inappropriate jurisdictions around which to organize such policy, despite the much touted "entrepreneurial state."
Table Of Contents, Volume Four, Number Three, Summer 1993, Risk Editorial Board
Table Of Contents, Volume Four, Number Three, Summer 1993, Risk Editorial Board
RISK: Health, Safety & Environment (1990-2002)
Table of contents for the journal Risk: Issues in Health & Safety (ISSN: 1073-8673).
Book Review, Juanita V. Field, Thomas G. Field Jr.
Book Review, Juanita V. Field, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Review of: WESLEY A. MAGAT & W. KIP VISCUSI, INFORMATIONAL APPROACHES TO REGULATION. (MIT Press 1992) [274 pp.] Appendices, endnotes, illustrations, index, list of titles in the Regulation of Economic Activity series, list of tables and figures, preface, series foreword. LC 91-29483; ISBN 0-262-13277-X. [$32.50 cloth. 55 Hayward Street; Cambridge MA 02142.]
Book Review, Lisa M. White
Book Review, Lisa M. White
RISK: Health, Safety & Environment (1990-2002)
Review of: STUART M. SPEISER, LAWYERS AND THE AMERICAN DREAM. (Evans 1993) [430 pp.] Endnotes with full citations, index, and lexicon (lay definitions of legal terms). LC 93-35272; ISBN 0-87131-724-9. [$16.95 paper. 216 E. 49th Street, New York NY 10017.]
Book Review, Scott Hogan
Book Review, Scott Hogan
RISK: Health, Safety & Environment (1990-2002)
Review of: ROBERT A. SHANLEY, PRESIDENTIAL INFLUENCE AND ENVIRONMENTAL POLICY. (Greenwood Press, 1992) [163 pp.] Abbreviations, acknowledgements, index, introduction, notes, selected bibliography. LC 92-15584; ISBN 0-313-25883-X. [$45.00 cloth. 88 Post Road West; Westport CT 06881.]
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
Proving Environmental Inequity In Siting Locally Unwanted Land Uses, Michael Greenberg
RISK: Health, Safety & Environment (1990-2002)
This paper advances a process for determining whether, e.g., waste-to-energy facilities are disproportionately located in minority and poor communities, and the author asks others to join in searching for a scientifically sound and fair process of resolving conflicting interests in locating LULUs. He also discusses some difficult issues and argues that they need to be addressed by a representative panel.
An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo
An Ali Report Markets A Defective Product: Errors At Retail And Wholesale, Marshall S. Shapo
San Diego Law Review
This Article analyzes a chapter in the Reporters' Study on Enterprise Responsibility for Personal Injury, the chapter titled "Product Defects and Warnings." The author is highly critical of the Study, noting its lack of depth of historical focus, its failure to take existing doctrine with sufficient seriousness, and its deficiencies in both terminology and analysis. The author argues that the Study fails to give sufficient weight to competing points of view, and that it consistently fails to present specific and relevant applications. The author concludes that the Study itself is a defective product.
Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips
Comments On The Reporters' Study Of Enterprise Responsibility For Personal Injury, Jerry J. Phillips
San Diego Law Review
This Article critiques the substantive law and damage proposals of the Reporters' Study on Enterprise Liability, which was published in 1991 by the American Law Institute. Contrary to the Reporters' recommendations, the author proposes retaining the consumer expectations test and strict liability for product suppliers. He argues that it is not practical to shift medical malpractice liability, as proposed by the Study, from doctors to hospitals. In the area of damages, the author proposes retaining the rules of recovery for pain and suffering, punitive damages, and the collateral source rules essentially as they are now, instead of adopting the changes …
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens
The American Law Institute's Reporters' Study On Enterprise Responsibility For Personal Injury: A Timely Call For Punitive Damages Reform, Victor E. Schwarz, Mark A. Behrens
San Diego Law Review
This Article focuses on the Reporters' Study on Enterprise Responsibility for Personal Injury, specifically the Reporters' recommendations for punitive damages reform. The Article discusses the Study's analysis of the need for punitive damages reform, with which the author agrees. The Article also discusses the Study's recommendations concerning reform of the standard by which punitive damages should be awarded, recommendations to set reasonable limits on the size of punitive damage awards, and the recommendation of a shield against punitive damages for products that comply with federal regulatory standards. The authors find that generally the recommendations are fair and reasonable. They believe …
Who Pays In The End For Injury Compensation - Reflections On Wealth Transfers From The Innocent, Alfred F. Conard
Who Pays In The End For Injury Compensation - Reflections On Wealth Transfers From The Innocent, Alfred F. Conard
San Diego Law Review
This Article recognizes that the people who actually pay for tort judgments are generally not the wrongdoers, but the enterprises that have employed or insured the tortfeasors, or purveyed the faulty products. The enterprises then recover their expenditures by charging higher prices to their consumers, or by reducing the benefits that they confer on investors, workers, and the general public. The consumers, the workers, the public, and the investors are the innocent human beings who contribute to paying for tort judgments. This Article addresses what kinds of losses justify forcing the innocent to contribute, and suggests reforms that seem to …