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Articles 4021 - 4050 of 6239
Full-Text Articles in Law
Affiliated And Related Corporations, Don Leatherman
Affiliated And Related Corporations, Don Leatherman
Scholarly Works
No abstract provided.
International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds
International Space Law In Transformation: Some Observations, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Comment: Autonomy And The Public-Private Distinction In Bioethics And Law, Susan H. Williams
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.
Moral Intelligence: Mind, Brain An The Law , Atahualpa Fernandez
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
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
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
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
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
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
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, Spring 2005
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Environmental Justice: A Universal Discourse, Dean Rivkin
Environmental Justice: A Universal Discourse, Dean Rivkin
Scholarly Works
No abstract provided.
Live Long - And Prosper?, Glenn Harlan Reynolds
Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm
Covenants Not To Compete: Time For Legislative And Judicial Reform In Tennessee, Brian Krumm
Scholarly Works
The employment relationship has gone through dramatic changes in the last fifty years, and, with few exceptions, the notion of company loyalty and life long employment is a thing of the past.' As a consequence, many employers have adopted the use of covenants not to compete in employment contracts as a mechanism called upon to enforce, reform, or void such agreements, particularly when employees subject to such restrictive covenants leave their employment for better opportunities in the same or similar 6 industry or field. Despite common misperceptions, courts generally uphold covenants not to compete-if the covenants comply with reasonable standards. …
Evaluating The Risks Of Increased Price Transparency, Maurice Stucke
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 …
Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter
Losing Faith: Extracting The Implied Covenant Of Good Faith From (Some) Contracts, Teri Dobbins Baxter
Scholarly Works
No abstract provided.
Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney
Jerry Phillips' Product Line Continuity And Successor Corporation Liability: Where Are We Twenty Years Later, George Kuney
Scholarly Works
No abstract provided.
Book Review: A Strike Like No Other Strike: Law And Resistance During The Pittston Coal Strike Of 1989 - 1990, Fran Ansley
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
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 …
Book Review: Madam Secretary, Dru Stevenson
Book Review: Madam Secretary, Dru Stevenson
ExpressO
Review of Madeline Albright's Memoirs
Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith
Law And Behavioral Biology, Owen D. Jones, Timothy H. Goldsmith
Vanderbilt Law School Faculty Publications
Society uses law to encourage people to behave differently than they would behave in the absence of law. This fundamental purpose makes law highly dependent on sound understandings of the multiple causes of human behavior. The better those understandings, the better law can achieve social goals with legal tools. In this Article, Professors Jones and Goldsmith argue that many long held understandings about where behavior comes from are rapidly obsolescing as a consequence of developments in the various fields constituting behavioral biology. By helping to refine law's understandings of behavior's causes, they argue, behavioral biology can help to improve law's …
Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein
Early Land Use Cases, Continued Uncertainty - The Religious Land Use And Institutionalized Persons Act, Gregory M. Stein
Scholarly Works
No abstract provided.
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
The Best Scientific Evidence Available: The Whaling Moratorium And Divergent Interpretations Of Science, A. W. Harris
William & Mary Environmental Law and Policy Review
No abstract provided.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
Syracuse Journal of International Law and Commerce
This article on law and democratic development will focus on Brown v. Board of Education. We celebrated the fiftieth anniversary of Brown I in the year 2004 and we celebrated the fiftieth anniversary of Brown II in the year 2005. I know that Brown is an important event on which to anchor an analysis of law and democratic development because of a conference I attended in April 2004, in South Africa. The conference was sponsored by the University of Pretoria and was staged for the purpose of celebrating the tenth anniversary of South Africa as a democracy and the fiftieth …
Space Law In Its Second Half-Century, Glenn Harlan Reynolds
Space Law In Its Second Half-Century, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley
Going On-Line With Justice Pedagogy: Four Ways Of Looking At A Web Site, Fran Ansley
Scholarly Works
No abstract provided.
The Present And Future Of Federalism, Bruce Ledewitz
The Present And Future Of Federalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee
North Carolina Colonial Legal Materials, Scott Childs, Melanie J. Dunshee
Book Chapters
No abstract provided.