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Articles 1 - 10 of 10
Full-Text Articles in Law
Should Sociologists Stand Up For Science? Absolutely!, Janet M. Ruane
Should Sociologists Stand Up For Science? Absolutely!, Janet M. Ruane
Department of Sociology Faculty Scholarship and Creative Works
Standing up for science is part of sociology's mission as a social science. Standing up is also consistent with our field's ethical obligation to identify and avoid research compromised by conflict of interests.
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
Preventing Presidential Disability Within The Existing Framework Of The Twenty-Fifth Amendment, Ryan T. Harding
University of Arkansas at Little Rock Law Review
No abstract provided.
The Phenomenology Of Medico-Legal Causation, Nicholas Hooper
The Phenomenology Of Medico-Legal Causation, Nicholas Hooper
Dalhousie Law Journal
The language of counterfactual causation employed from the bench obscures the analytical vacuity of the "butfor" test. This paper takes issue with the consistent recourse to "common sense" as a methodological tool for determining the deeply complex issue of causality. Despite manifestly empty gestures to, e.g., robust pragmatism, the current approach imposes the dominant values of the judiciary in a manner that perpetuates the current distribution of power. Whatever the merits of counterfactual inquiry, its legal iteration requires judges to construct a hypothetical narrative about "how things generally happen." This, in turn, impels a uniquely comprehensive brand ofjudicialcreativity. The results …
Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson
Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson
The Purdue Historian
In colonial America, there was one resource that settlers were thirsty for and only Native Americans could provide: land. Europeans were interested in gaining possession of Native land via whatever methods would place the fertile soil into their greedy palms the fastest. As a result, they turned to a familiar practice to establish ownership – the written word, more specifically treaties. Unfortunately, the Europeans had fundamentally different thoughts concerning land than the Natives and it resulted in great forfeitures for tribes. While Native Americans were often tricked into land cessions, this was not always the case. Some of the reasons …
Revolutionary Disobedience, Philip K. Y. Lau
Revolutionary Disobedience, Philip K. Y. Lau
Barry Law Review
Over the past few decades, civil disobedience has become one of the most widely studied subjects in jurisprudence. Scholars such as Rawls and Dworkin have offered their unique reflections on the subject. Whilst many have made great contributions to clarify its purposes and justifications, they have neglected one of the most important and fundamental forms of political disobedience, namely revolutionary disobedience. Unlike an act of civil disobedience, which recognizes governmental authority and legitimacy, revolutionary disobedience explicitly denies and challenges them. Manifested as a rupture between the constituent power (ruled/governed) and constituted power (ruler/governor) in a given state, it is designed …
Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law
Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Bureaucracy As Violence, Jonathan Weinberg
Bureaucracy As Violence, Jonathan Weinberg
Michigan Law Review
Review of The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy by David Graeber.
The Gibbons Fallacy, Richard A. Primus
The Gibbons Fallacy, Richard A. Primus
Articles
In Gibbons v. Ogden, Chief Justice John Marshall famously wrote that "the enumeration presupposes something not enumerated." Modern courts use that phrase to mean that the Constitutions enumeration of congressional powers indicates that those powers are, as a whole, less than a grant of general legislative authority. But Marshall wasn't saying that. He wasn't talking about the Constitution's overall enumeration of congressional powers at all. He was writing about a different enumeration - the enumeration of three classes of commerce within the Commerce Clause. And Marshall's analysis of the Commerce Clause in Gibbons does not imply that the enumerated …
Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law
Newsroom: Yelnosky On 'Persuader Rule' 01-03-2017, Pat Murphy, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Fourth Amendment In A Digital World, Laura K. Donohue
The Fourth Amendment In A Digital World, Laura K. Donohue
Georgetown Law Faculty Publications and Other Works
Fourth Amendment doctrines created in the 1970s and 1980s no longer reflect how the world works. The formal legal distinctions on which they rely—(a) private versus public space, (b) personal information versus third party data, (c) content versus non-content, and (d) domestic versus international—are failing to protect the privacy interests at stake. Simultaneously, reduced resource constraints are accelerating the loss of rights. The doctrine has yet to catch up with the world in which we live. A necessary first step for the Court is to reconsider the theoretical underpinning of the Fourth Amendment, to allow for the evolution of a …