Law Commons^™

In Pittsburgh, Freedom Abridged, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

From Law To Social Science And Back Again - The First Step. Remarks On The Juristic Origin Of Some Weberian Concepts, Peter Cserne

Péter Cserne

No abstract provided.

The Common Law And The Constitution: John Locke And The Missing Link In Law, Steve Sheppard

Steve Sheppard

Locke's concept of rights influenced the Framers of the Constitution, which has increased the stakes in later interpretation of what Locke’s model of rights entailed. “Lockean rights” now suggests a perfect right unlimitable by the state in the public interest. Such a right is theoretically interesting, but it is not what Locke had in mind, and it was not the model of rights Madison, Jefferson, Hamilton, and other inherited from Locke's Second Treatise.

This paper was an initial reconstruction of Locke's model of a right, locating it within the legal culture of his time and place. His model of what …

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.

On The Potential Of Neuroscience: A Comment On Greene And Cohen’S "For The Law, Neuroscience Changes Nothing And Everything", Theodore Y. Blumoff

ExpressO

In a recent article, Joshua Greene and Jonathan Cohen add their voices to an emerging discussion about the place of neuroscience in law and social policy. They argue convincingly that new data from the developing field of neuroscience will dramatically and positively change our legal system. I agree with their conclusions, but I believe that their commitment to a kind of neuroscientific determinism or essentialism is wrong, unnecessary, and even dangerous; it would move law in a direction that eliminates ongoing, normative decision-making. In the essay I have attached, I first set the stage by discussing the commitment of our …

A New Weapon Against Piracy: Patent Protection As An Alternative Strategy For Enforcement Of Digital Rights, Dennis S. Fernandez, Matthew Chivvis, Mengfei Huang

ExpressO

This article illustrates how patents and copyrights complement each other to provide a better defense for creative works. Copyrights protect expression, and patents protect underlying functions. Currently, the one-time strengths of copyrights are being eroded as courts allow new technologies to flourish which enable digital reproduction and piracy. This has encouraged companies and industries to move increasingly to patent protection and any company that fails to pursue this trend may be left behind. In sum, patents are a worthwhile strategy because they assist copyright owners in controlling the technology that enables infringement while copyrights alone would leave a company vulnerable …

Mid-Atlantic Ethics Committee Newsletter, Fall 2005-Winter 2006

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Introduction: Assessing The Future Of The Legal Profession Symposium, Alex B. Long

Scholarly Works

No abstract provided.

The Hidden Costs Of Contracting: Barriers To Justice In The Law Of Contracts, Teri Dobbins Baxter

Scholarly Works

No abstract provided.

Make >Em Fess Up, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Joan Macleod Heminway, Ann Bartow, F. Carolyn Graglia, Deseriee A. Kennedy

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

How And Understanding Of The Second Personal Standpoint Can Change Our Understanding Of The Law: Hart's Unpublished Response To Exclusive Legal Positivism, Robin B. Kar

ExpressO

This Article describes recent developments in moral philosophy on the “second personal standpoint,” and argues that they will have important ramifications for legal thought. Moral, legal and political thinkers have, for some time now, understood important distinctions between the first personal perspective (of deliberation) and the third personal perspective (of observation, cause and effect), and have plumbed these distinctions to great effect in their thought. This distinction is, in fact, implicit the law and economics movement’s “rational actor” model of decision, which currently dominates much legal academic thought. Recent developments in value theory due to philosopher Stephen Darwall suggest, however, …

Ordered To Die, Marios Papaloukas

Marios Papaloukas

This article by C. Sofoulakis, Christos Papaloukas, Marios Papaloukas is about the case of Terri Schiavo who after suffering a cardiac arrest remained for fifteen years in a vegetative state. It examines whether euthanasia should be allowed in such cases.

Mid-Atlantic Ethics Committee Newsletter, Summer 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

Affiliated And Related Corporations, Don Leatherman

Scholarly Works

No abstract provided.

International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Moral Intelligence: Mind, Brain An The Law , Atahualpa Fernandez

ExpressO

This paper discusses several issues at the impact of cognitive neuroscience have to do with the current theoretical and methodological edifice of juridical science. Localizing the brain correlates related to moral judgments, using neuroimage techniques (and also studies on brain lesions), seems to be, without doubt, one of the big events in the history of the normative social sciences.The best neuroscientific model of normative judgment available today establishes that the ethical-cerebral law operator counts on, in his neural evaluative-affective systems, a permanent presence of requirements, obligations and strategies, with a “should be” that incorporates internally rational and emotional reasons, that …

Juridical Discourse And Evolutionary Dynamics , Atahualpa Fernandez

ExpressO

Abstract: This article propose an explanation about Law that crosses the scales of space, time and complexity to, by uniting the apparently irreconcilable facts of the social and the natural, integrate the perception of a normative network, of a social adaptive strategy, that certainly was created and exists in function of its contributions to survival and reproductive success during the long period of our evolutionary history, that is, to resolve recurrent evolutionary problems in an essentially social species such as ours that otherwise would not have managed to prosper biologically.

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …

Law And Neuroscience, Atahualpa Fernandez

ExpressO

Localizing the brain correlates related to moral judgments, using neuroimage techniques (and also studies on brain lesions), seems to be, without doubt, one of the big events in the history of the normative social sciences.The best neuroscientific model of normative judgment available today establishes that the ethical-cerebral law operator counts on, in his neural evaluative-affective systems, a permanent presence of requirements, obligations and strategies, with a “should be” that incorporates internally rational and emotional reasons, that are constitutively integrated in all the activities at the practical, theoretical and normal levels of every process of exercising the law.

Law And Human Nature: The Social-Adaptive Function Of The Normative Behavior, Atahualpa Fernandez

ExpressO

The objective of this article is to offer a critical (re)interpretation of genesis and evolution, object and purpose, as well as useful qualified methods for interpreting, justifying and applying modern practical law, all with the intention of putting philosophic thought and contemporary formal theory of reason at the service of hermeutics and juridical argumentation. Law is no more—no less—than an social-adaptive strategy, evermore complex, but always noticeably deficient, used to articulate argumentatively—in fact, not always with justice—through the virtue of prudence, elementary relational social ties through which men construct approved styles of interaction and social structure, i.e., to organize and …

The End Of American Democracy?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Nova Southeastern Lawyer, Spring-Summer 2005, Volume 12, Number 6, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Spring 2005

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley

Scholarly Works

No abstract provided.

Imposing Self-Interest: Behavioural Law And Economics, The Ultimatum Game, And Value Possibilities, Michael Ilg

Dalhousie Law Journal

With the recent emergence of the behavioural approach to law and economics, there is now a systematic critique of law and economics which remains sympathetic to its overall objectives. Rather than seek to undermine traditional law and economics, the intent of the behavioural approach is generally to augment it, and render its formulations more representative of reality. Drawing upon experimental evidence and well-known examples of anomalies within economic theory, behavioural scholars claim that the law needs to better account for instances of individual irrationality. Having identified the situations when rational maximization does not hold, behavioural scholars are then able to …

Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter

Scholarly Works

No abstract provided.

Live Long - And Prosper?, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.

Evaluating The Risks Of Increased Price Transparency, Maurice Stucke

Scholarly Works

Courts and antitrust enforcers continue to grapple with the issue of when increased price transparency is good or bad for consumers. The state of the law on this antitrust issue has not been clear given several difficult issues, which the article briefly addresses. To help the courts and antitrust bar assess the antitrust risks of information exchanges, the article outlines two focal points: (1) the information's value in promoting efficiency in the marketplace, and (2) the likelihood that disseminating the information would facilitate tacit collusion. Using these two points, the article outlines three categories of antitrust risks: green light (low …