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Articles 1 - 10 of 10
Full-Text Articles in Law
Pluralism And Property, Gregory S. Alexander
Pluralism And Property, Gregory S. Alexander
Cornell Law Faculty Publications
Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These …
Tradizioni Di Giustizia E Stato Di Diritto Vol. I Religioni, Giurisdizione, Pluralismo, Giancarlo Anello
Tradizioni Di Giustizia E Stato Di Diritto Vol. I Religioni, Giurisdizione, Pluralismo, Giancarlo Anello
giancarlo anello
Cultural diversity requires new forms of legal equality and traditions of justice are the main keys of understanding the demands of recognition that rise from the cultural communities in Europe. In the opening section, the book deals with the issue of epistemic links between law, religion and cultures. The following two parts develop a rigorous analysis of the religious traditions of justice by an interdisciplinary approach to comparative law and anthropology, reconstructing the matrix of meaning, the distinctive processes and the legal projections, in historical contexts characterized by the encounter (or the clash) of religious communities within their own cultural …
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Review Of Legal Polycentricity And International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
The Pluralism Of International Criminal Law, Alexander K. A. Greenwalt
The Pluralism Of International Criminal Law, Alexander K. A. Greenwalt
Indiana Law Journal
This Article develops a pluralistic account of substantive international criminal law (ICL). Challenging the dominant assumption among theorists and practitioners, it argues that the search for consistency and uniformity in ICL is misguided, that the law applicable to international crimes should not be the same in all cases, and that those guilty of like crimes should not always receive like sentences. In lieu of a one-size-fits-all criminal law, this Article proposes a four-tiered model of ICL that takes seriously the national laws of the state or states that, under normal circumstances, would be expected to assert jurisdiction over a case. …
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Michigan Journal of International Law
If, with the benefit of hindsight, Mr. Choudhury's case was a harbinger of the emergence of various problems associated with Islam and the rights of Muslim minorities in European nation-states, then the events of September 11, 2001 have propelled these issues to the forefront of law and politics in a way unimaginable even a decade earlier. In Denmark, cartoons depicting the Islamic prophet Muhammad as a suicide bomber have been published leading to protests and violence across Europe and the Islamic world; a law prohibiting students in public schools from wearing symbols or attire through which they conspicuously exhibit a …
Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs
Charting The Boundaries Of Labour Law: Innis Christie And The Search For An Integrated Law Of Labour Market Regulations, Harry Arthurs
Dalhousie Law Journal
What an honour it is to deliver the first Innis Christie lecture in labour and employment law. My career and Innis' developed in parallel. Our very first publications dealt with tort liability for strikes; our early research dealt with collective labour law; we worked together on a labour law casebook; we both shuffled sideways from labour law into administrative law and lurched from there into legal ethics; we both became labour mediators and arbitrators and then-a logical progression-deans of law. Finally, we both worked on government policy studies, starting with the Woods Task Force in the mid-1960s, though Innis became …
Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine Jackson
Towards A Stakeholder-Shareholder Theory Of Corporate Governance: A Comparative Analysis, Katharine Jackson
Katharine Jackson
The governance regime of the public corporation in America, while tending to promote the concentration of economic and social power in company leadership, often encourages that leadership to advance the interests of their company’s short-term shareholders. The result is a board of directors beholden, if to anything at all, to short-term stock prices. This prioritization often comes at the expense of the corporation’s long-term sustainability and to its other constituents: its work force, creditors, and community. In contrast, governance in Continental European countries like Germany persuades corporate leadership to embrace social obligations and long-term outlooks through, e.g., enforced stakeholder representation …
Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain
Religious And Political Virtues And Values In Congruence Or Conflict?: On Smith, Bob Jones University, And Christian Legal Society, Linda C. Mcclain
Faculty Scholarship
A basic tension in the U.S. constitutional and political order exists between two important ideas about the relationship between civil society and the state: (1) families, religious institutions, voluntary associations, and other groups are foundational sources, or “seedbeds,” of virtues and values that undergird constitutional democracy, and (2) these same institutions guard against governmental orthodoxy and overweening governmental power by generating their own distinctive virtues and values and by being independent locations of power and authority. The first idea envisions a comfortable congruence between civil society and government: the values and virtues - and habits and skills - cultivated in …
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Rehabilitating Territoriality In Human Rights, Austen L. Parrish
Articles by Maurer Faculty
For many years, territorial principles anchored an international system organized around nation-states. Recently, however, the human rights movement has sought to change the state-centric focus of international law and overcome the limitations of a system where the territorial state is the primary actor. The field of human rights has promoted a new legal orthodoxy that places the person at the center of the international legal system. Within this orthodoxy, non-state actors play a prominent role, unilateral domestic lawsuits are promoted, and territorial borders give way when necessary for humanitarian intervention. In contrast, territorial conceptions of international law are viewed as …
The Search Of A Unifying Theory: Why Pluralism In Public International Law Isn't Such A Bad Thing, Michael Buenger
The Search Of A Unifying Theory: Why Pluralism In Public International Law Isn't Such A Bad Thing, Michael Buenger
Michael Buenger
For well over 200 hundred years with the coining of the term “international law”, the world’s legal and international relations communities have struggled to develop coherent theories and methodologies to explain a phenomenon that is quite different from our concept of law as drawn from our domestic experiences. Over time this quest has produced various schools of thought and methodologies seemingly seeking, in one form or another, the same outcome: a unifying theory of or approach to the legal thinking that undergirds systems of public international law and explains why such systems work or in some cases do not work. …