Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (1)
- Agriculture Law (1)
- Antitrust and Trade Regulation (1)
- Civil Law (1)
- Commercial Law (1)
-
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Environmental Law (1)
- First Amendment (1)
- Food and Drug Law (1)
- Fourteenth Amendment (1)
- Government Contracts (1)
- Human Rights Law (1)
- Insurance Law (1)
- International Law (1)
- Internet Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Law and Society (1)
- Legal Education (1)
- Legal Profession (1)
- Legislation (1)
- Litigation (1)
- Medical Jurisprudence (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Of “Just Systems” And Lotteries: Thoughts And Reflections On Maples V. Thomas, Ryan K. Melcher
Of “Just Systems” And Lotteries: Thoughts And Reflections On Maples V. Thomas, Ryan K. Melcher
Ryan K Melcher
In 2012, the Supreme Court handed down its seven-to-two ruling in the case of Maples v. Thomas, a sad tale of attorney-ethics disasters and a seemingly broken (assuming it ever worked) Alabama criminal-justice system. Although the Court held that the “extraordinary” facts of the case warranted excusing Maples’s procedural default in his federal habeas corpus petition (namely, his failure to file a petition in time), it did not make entirely clear whether this was a one-time-only deal or a “template” (as dissenting Justice Scalia asserted) for future petitioners seeking relief based on similar falters of their post-conviction-level attorneys. This Article …
Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Towards A Re-Principled Criminal Law, Sarah Wood, Pablo Sanchez-Ostiz
Sarah Wood
ABSTRACT: The perceived tension in current discussion of criminal law among efficiency, security, and constitutional rights should be examined in light of the work of Dworkin and Alexy (among others) in order to develop a model of legal argumentation based on Principles for Criminal Law. I consider the following three principles to be the foundational elements of legal argumentation in criminal law: 1) establishing societal security; 2) ensuring respect for legal norms; and 3) assuring respect for the person and human dignity. The roots of these three fundamental principles of legal argumentation are grafted directly from distinct human characteristics: 1) …