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Full-Text Articles in Law

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Dec 2014

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Annelise Riles

No abstract provided.


Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski Dec 2014

Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically not a mere footnote. Sunstein has changed how scholars think about each of these areas of law. More broadly, …


The Moral Emotions Of The Criminal Law, Stephen P. Garvey Dec 2014

The Moral Emotions Of The Criminal Law, Stephen P. Garvey

Stephen P. Garvey

Imagine you have committed a crime. You might experience any number of emotional responses to what you've done, ranging from self-satisfaction to self-disgust. But however you do feel, how should you feel? The question seems especially appropriate for a conference honoring Professor Herbert Morris and celebrating his work, for no one has shed light more on the moral emotions of the criminal law. The line of thought that follows owes Professor Morris a large and obvious debt. So, once again, how should you feel when you have committed a criminal wrong? "Guilty" comes immediately to mind. But guilt is not …


Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire Sep 2014

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments—from more direct anthropocentric arguments—is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create jobs, and …


The Limits Of Regulatory Science In Transnational Governance Of Transgenic Plant Agriculture And Food Systems, Taiwo Oriola Apr 2014

The Limits Of Regulatory Science In Transnational Governance Of Transgenic Plant Agriculture And Food Systems, Taiwo Oriola

Taiwo Oriola

The current national and transnational regulatory and policy framework for transgenic plant agriculture and food is arguably largely defined by science. Notably, transgenic plant agriculture policy deference to science is ostensibly premised on the general perception that science is neutral, objective, reliable, and agnostic. This is exemplified by cases ranging from Alliance for Bio-integrity v Donna Shalala, European Communities: Measures Affecting the Approval and Marketing of Biotech Products, to European Commission v Republic of Poland, in which conscientious, ethical, religious, and cultural oppositional grounds to transgenic plant agriculture and food were trumped by scientific imperatives. However, the lack of unanimity …


Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson Mar 2014

Enlightenment And Catholicism In Europe. A Transnational History, Ulrich Lehner, Jeffrey Burson

Ulrich L. Lehner

No abstract provided.


Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall Dec 2013

Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall

Brian M McCall

In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …


Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall Dec 2013

Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall

Brian M McCall

En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las …


Characteristics_Of_Confucian_Ritual_Propriety, Chenyang Li Dec 2013

Characteristics_Of_Confucian_Ritual_Propriety, Chenyang Li

Chenyang Li

No abstract provided.


Response To Svoboda And Irvine (Ethical And Technical Challenges In Compensating For Harm Due To Solar Radiation Management Geoengineering), Jesse Reynolds Dec 2013

Response To Svoboda And Irvine (Ethical And Technical Challenges In Compensating For Harm Due To Solar Radiation Management Geoengineering), Jesse Reynolds

Jesse Reynolds

Svoboda and Irvine (S2014) consider possible compensation for harm from solar radiation management (SRM) geoengineering, implying that both SRM and compensation are futile efforts, bound to do more harm than good. However, the shortcomings of SRM and compensation for its potential negative secondary effects which they cite are found among three existing policy domains, which happen to intersect at the proposed compensation for SRM’s harms: socially organized responses to other complex problems (especially the provision of public goods), compensation (especially in complex situations), and climate change. An additional problematic aspect is that, to some degree, they stack the deck against …