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Articles 1 - 7 of 7
Full-Text Articles in Law
Fragmented State, Pluralist Society: How Liberal Institutions Promote Fear, Corey Robin
Fragmented State, Pluralist Society: How Liberal Institutions Promote Fear, Corey Robin
Missouri Law Review
Fear can be used as an instrument of political repression. The purpose for using it is to target those whose actions or ideas pose a threat to established arrangements of power and authority. Repression is not aimed at ensuring laws are followed but that the powerful are obeyed. There has been a strong consensus among experts about the type of political structure that arouses repressive fear: a centralized unified state monopolizing the means of coercion. However, this is an over-simplification. The state is not the only entity capable of wielding the repressive powers of fear.
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Fear And Risk In Times Of Crisis: The Media's Challenge, Richard C. Reuben
Missouri Law Review
With five to ten minutes to comment at the very end of an intellectually exhilarating two-day symposium, I am quite frankly tempted to say "You know, they've all got a point," and leave it at that. But this has been an important discussion, and in this comment I'd like to at least try to make a small contribution to it.
Foreword Symposium: Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis:, Christina E. Wells, Jennifer K. Robbennolt
Foreword Symposium: Interdisciplinary Perspectives On Fear And Risk Perception In Times Of Democratic Crisis:, Christina E. Wells, Jennifer K. Robbennolt
Missouri Law Review
The terrorists attacks on September 11, 2001, the implentation of the USA PATRIOT ACT, and the government's indefinite detention of "enemy combatants" have all sparked renewed interest in the balance between security and liberty in times of crisis. Recently, legal scholars have debated topics ranging from the constitutionality and wisdom of the government's responses to terror to the appropriate roles for institutional actors and the public in national security decisions. While these debates have contributed enormously to the public discussion that is the foundation of a democratic society, they have not completely captured the complexities of governmental responses to crisis. …
Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille A. Nelson
Consistently Revealing The Inconsistencies: The Construction Of Fear In The Criminal Law, Camille A. Nelson
Saint Louis University Law Journal
No abstract provided.
Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta
Biotechnology And The Law: A Consideration Of Intellectual Property Rights And Related Social Issues, Michael D. Mehta
The University of New Hampshire Law Review
[Excerpt] “Recent advances in biotechnology are expected by many to improve crop yield, reduce reliance on agricultural inputs like pesticides and herbicides, alleviate world hunger, improve the safety and effectiveness of pharmaceuticals, assist in the discovery of genes that trigger diseases like cancer, and make more efficient our legal institutions through DNA testing. Clearly, innovations in biotechnology are a powerful force for social change, and they pose unique challenges and opportunities for legal scholars and institutions. This section of the Pierce Law Review focuses on the interface between law and technology by examining how innovations in biotechnology accelerate debates about …
Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.
Fear, Irrationality, And Risk Perception, Henry L. Chambers, Jr.
Law Faculty Publications
This brief commentary makes two points. The first is that fear can play multiple roles in any decision-making process. The second is that accurately determining whether reactions to fear are irrational is a complex task. Though neither point necessarily requires that symposium participants abandon their positions, together they suggest that extreme care is necessary in developing policy prescriptions based on the claim that fear can trigger irrationality.
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
Fear Assessment: Cost-Benefit Analysis And The Pricing Of Fear And Anxiety, Matthew D. Adler
All Faculty Scholarship
Risk assessment is now a common feature of regulatory practice, but fear assessment is not. In particular, environmental, health and safety agencies such as EPA, FDA, OSHA, NHTSA, and CPSC, commonly count death, illness and injury as costs for purposes of cost-benefit analysis, but almost never incorporate fear, anxiety or other welfare-reducing mental states into the analysis. This is puzzling, since fear and anxiety are welfare setbacks, and since the very hazards regulated by these agencies - air or water pollutants, toxic waste dumps, food additives and contaminants, workplace toxins and safety threats, automobiles, dangerous consumer products, radiation, and so …