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Articles 1 - 22 of 22

Full-Text Articles in Law

Copyrighting Facts, Michael S. Green Oct 2003

Copyrighting Facts, Michael S. Green

Faculty Publications

No abstract provided.


Anthropology & Law, James M. Donovan, H. Edwin Anderson Jul 2003

Anthropology & Law, James M. Donovan, H. Edwin Anderson

James M. Donovan

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.


Anthropology & Law, James M. Donovan, H. Edwin Anderson Jul 2003

Anthropology & Law, James M. Donovan, H. Edwin Anderson

Law Faculty Books and Chapters

This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.


Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog Jan 2003

Review Of Explaining The English Revolution: Hobbes And His Contemporaries, Donald J. Herzog

Reviews

The explosion of primary texts from seven- teenth-century England continues to trigger an explosion of scholarly treatments today. For good reason, too: Lots of the primary texts are amazing, and not just those tired old warhors- es, Hobbes's Leviathan and Locke's Second Treatise. As fun and challenging as the primary texts are, you are forgiven a touch of skepticism if you wonder just what the latest author has to add to our understanding. You might redouble your skepticism if you just glance at Mark Stephen Jendrysik's table of contents, offering chapters on Winstanley, Milton, Cromwell, Filmer, and Hobbes, and zeroing …


Corporate Advertising's Democracy, Bruce Ledewitz Jan 2003

Corporate Advertising's Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Promise Of Democracy, Bruce Ledewitz Jan 2003

The Promise Of Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein Jan 2003

Book Review Of Human Rights And Legal History: Essays In Honour Of Brian Simpson, Michael Ashley Stein

Faculty Publications

No abstract provided.


How To Be A Moorean, Donald H. Regan Jan 2003

How To Be A Moorean, Donald H. Regan

Articles

G. E. Moore’s position in the moral philosophy canon is paradoxical. On the one hand, he is widely regarded as the most influential moral philosopher of the twentieth century. On the other hand, his most characteristic doctrines are now more often ridiculed than defended or even discussed seriously. I shall discuss briefly a number of Moorean topics—the nonnaturalness of “good,” the open question argument, the relation of the right and the good, whether fundamental value is intrinsic, and the role of beauty—hoping to explain how a philosophically informed person could actually be a Moorean even today.1


Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon Jan 2003

Draft Of Rendering Copyright Into Caesar - 2003, Wendy J. Gordon

Scholarship Chronologically

This article makes a simple suggestion. Copyright rules by money, so let it rule the money-bound. Let a different set of rules evolve for more complex uses, particularly when the users have a personal relationship with the utilized text. Copyright. When new artists make transformative use of existing works in settings not characterized by pre-use commercial negotiations, copyright should avoid imposing a distorting burden.


No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick Jan 2003

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen Jan 2003

Privacy Isn't Everything: Accountability As A Personal And Social Good, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff Jan 2003

Mountains Without Handrails … Wilderness Without Cellphones, Sarah Krakoff

Publications

No abstract provided.


Harm, History, And Counterfactuals, Stephen R. Perry Jan 2003

Harm, History, And Counterfactuals, Stephen R. Perry

All Faculty Scholarship

No abstract provided.


New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith Jan 2003

New Transatlantic Tension And The Kagan Phenomenon: A Primer, Craig T. Smith

Faculty Publications

No abstract provided.


Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone Jan 2003

Spinoza's Identity And Philosophy: Jewish Or Otherwise?, Suzanne Last Stone

Faculty Articles

No abstract provided.


The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson Jan 2003

The Appearance Of Right And The Essence Of Wrong: Metaphor And Metonymy In Law, Jeanne L. Schroeder, David G. Carlson

Faculty Articles

No abstract provided.


Nietzsche And Aretaic Legal Theory, Kyron Huigens Jan 2003

Nietzsche And Aretaic Legal Theory, Kyron Huigens

Faculty Articles

No abstract provided.


Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld Jan 2003

Spinoza's Dialectic And The Paradoxes Of Tolerance: A Foundation For Pluralism, Michel Rosenfeld

Faculty Articles

Tolerance and pluralism seem to draw on the same criterion of legitimacy. The liberal case for tolerance, however, leads to a series of paradoxes, including Popper's paradox of tolerance according to which tolerating theintolerant is self-defeating. Spinoza's defense of tolerance as it emergesfrom his Theological-Political Treatise and his Ethics is more pervasive and much more encompasssing than the liberal justification. Spinoza justifies tolerance as a private and public virtue as well as on prudential grounds. Although Spinoza's conception of tolerance appears in significant respects paradoxical and contradictory - e.g., it is puzzling why Spinoza, the philosopher of reason, should avocate …


Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder Jan 2003

Can Lawyers Be Cured?: Eternal Recurrence And The Lacanian Death Drive, Jeanne L. Schroeder

Faculty Articles

No abstract provided.


Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg Jan 2003

Paul, Pomo, And The Legitimacy Of Choice Post 9/11: A Brief Comment On Three Papers, Richard H. Weisberg

Faculty Articles

No abstract provided.


Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon Jan 2003

Nietzsche And The Nazis: The Impact Of National Socialism On The Philosophy Of Nietzsche, Charles M. Yablon

Faculty Articles

No abstract provided.


Was Spinoza A Jewish Philosopher, J. David Bleich Jan 2003

Was Spinoza A Jewish Philosopher, J. David Bleich

Faculty Articles

No abstract provided.