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Articles 421 - 450 of 608
Full-Text Articles in Law and Philosophy
Civil Disobedience And Natural Law, Mark R. Macguigan
Civil Disobedience And Natural Law, Mark R. Macguigan
The Catholic Lawyer
No abstract provided.
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand
Georgia Journal of International & Comparative Law
No abstract provided.
Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church, Rob Atkinson
Liberalism, Philanthropy, And Praxis: Realigning The Philanthropy Of The Republic And Social Teaching Of The Church, Rob Atkinson
Scholarly Publications
This Article seeks a common ground for theists of the Abrahamist religious faiths and agnostics in the Socratic philosophical tradition on the role that the liberal state should play in advancing the two coordinate aims of traditional philanthropy: helping society's least well off and advancing the highest forms of human excellence. It focuses particularly on Abrahamists who are orthodox Catholics and Socratics who are left-liberals, distinguishing their broad views on the liberal state's proper philanthropic role from the far narrower views of libertarians and other right-liberals. It concludes that adherents of Catholic Social Teaching and advocates of secular left-liberalism can …
The Teaching Of International Law, Myres S. Mcdougal
The Teaching Of International Law, Myres S. Mcdougal
Georgia Journal of International & Comparative Law
No abstract provided.
The Teaching Of International Law, Edward Mcwhinney
The Teaching Of International Law, Edward Mcwhinney
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber
Georgia Journal of International & Comparative Law
No abstract provided.
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings
The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Richard A. Falk
The Place Of Policy In International Law, Richard A. Falk
Georgia Journal of International & Comparative Law
No abstract provided.
The Place Of Policy In International Law, Oscar Schachter
The Place Of Policy In International Law, Oscar Schachter
Georgia Journal of International & Comparative Law
No abstract provided.
Introductory Statement, Rosalyn Higgins
Introductory Statement, Rosalyn Higgins
Georgia Journal of International & Comparative Law
No abstract provided.
Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba
Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba
Georgia Journal of International & Comparative Law
No abstract provided.
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
International Law From A Functional Perspective, Michael Barkun
International Law From A Functional Perspective, Michael Barkun
Georgia Journal of International & Comparative Law
No abstract provided.
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
How Localism's Rationales Limit New Urbanism's Success And What New Regionalism Can Do About It, Timothy Polmateet
Fordham Urban Law Journal
No abstract provided.
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Fordham Urban Law Journal
No abstract provided.
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Nothing New Under The Sun: How The Legal Profession's Twenty-First Century Challenges Resemble Those Of The Turn Of The Twentieth Century, Russell G. Pearce, Pam Jenoff
Fordham Urban Law Journal
No abstract provided.
Profession: A Definition, Sande L. Buhai
Profession: A Definition, Sande L. Buhai
Fordham Urban Law Journal
No abstract provided.
Resisting Commercialism, Rakesh K. Anand
Resisting Commercialism, Rakesh K. Anand
Fordham Urban Law Journal
No abstract provided.
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout
Legalism And Devolution Of Power In The Public Sphere: Reflections On Occupy Wall Street, Zephyr Teachout
Fordham Urban Law Journal
No abstract provided.
On The Existential Function Of The Social And The Limits Of Rationalist Accounts Of Human Behavior, Doug Mcadam
On The Existential Function Of The Social And The Limits Of Rationalist Accounts Of Human Behavior, Doug Mcadam
Seattle University Law Review
Rational choice theory has achieved widespread influence in a number of social science disciplines, most notably economics and political science. Given its prominent position within economics, it is not surprising that rational choice theory (and other rationalist perspectives) dominates theory and research on the corporation and decision-making by corporate actors. By contrast, however, the theory has failed to gain more than a toehold in sociology. Indeed, most sociologists are downright hostile to rational choice theory. When pressed to explain why, those in the discipline are very likely to complain that the perspective is “asociological”; that the theory posits an atomized …
Benefit Corporations And Strategic Action Fields Or (The Existential Failing Of Delaware), Brett Mcdonnell
Benefit Corporations And Strategic Action Fields Or (The Existential Failing Of Delaware), Brett Mcdonnell
Seattle University Law Review
This Article analyzes the creation and growth of benefit corporations from the perspective of strategic action field theory in an attempt to shed some light upon both the subject and the methodology. It considers how the new legal field of benefit corporations responded to weaknesses in the existing fields of business and nonprofit corporations. Where major field participants such as directors, officers, employees, shareholders, or donors wish to pursue both financial and public-spirited goals that sometimes conflict without subordinating either type of goal to the other, both profit and nonprofit corporations may be unsatisfactory. Benefit corporations attempt not only to …
Corporations In The Flow Of Culture, Greg Urban
Corporations In The Flow Of Culture, Greg Urban
Seattle University Law Review
As an anthropologist, coming out of three decades of research among indigenous Brazilian populations, I naturally saw modern for-profit business corporations as tribes—the collective bearers of adaptive cultural know-how. They appeared to me to be the entities housing the culture needed to produce commodities, to trade commodities on the open market, or both. I was also, of course, aware of the legal concept of the corporation as fictive person capable of owning property and having standing in court cases, which I thought of as akin to the anthropological corporation insofar as both recognized the group as social actor. However, it …
Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . ., Gwendolyn Gordon
Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . ., Gwendolyn Gordon
Seattle University Law Review
Recent Supreme Court cases have entrenched a new image of corporate civic identity, assigning to the corporate person rights and abilities based upon the cultural characteristics, social ties, civic commitments, and internal lives of the human beings involved in it. This vision of the corporation is exemplified in recent cases implicating a corporate right to engage in political speech (Citizens United v. Federal Election Commission) and a right of corporations to be free of government interference regarding religious convictions (Burwell v. Hobby Lobby Stores, Inc.). Although much is being written about the soundness of the results in these cases and …
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
Seattle University Law Review
The English East India Company was first chartered in 1600, endured until the late nineteenth century, and, in a clever act of corporate resurrection, has even recently returned as a global, upmarket retail outlet selling fine foods and commemorative coins. It has also endured in the popular imagination and culture, churning out heroes and villains alike in film, television, and video games. The script writer for a forthcoming BBC miniseries, in which the East India Company stars as the prime antagonist, even noted recently that the Company was like “the CIA, the NSA, and the biggest, baddest multinational corporation on …
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff
Seattle University Law Review
Judge Rakoff’s remarks from the seventh annual Berle Symposium, held May 26–27, 2015 at Seattle University School of Law.
The Rhetoric Of Negative Externalities, Claire A. Hill
The Rhetoric Of Negative Externalities, Claire A. Hill
Seattle University Law Review
Negative externalities are costs imposed on third parties. The paradigmatic example is pollution. A firm manufactures a product that generates toxic waste, and dumps the waste; society pays for the associated cost, including, for instance, the community’s health problems caused by the waste. Profit is supposed to measure the firm’s revenues in excess of the associated costs; because this cost is not included, the firm’s profits are higher than they should be, and there is more pollution than there should be. What is privately optimal diverges from what is socially optimal. The concept of negative externalities is intuitively appealing. It …
Law And The Theory Of Fields, Frank Partnoy
Law And The Theory Of Fields, Frank Partnoy
Seattle University Law Review
The distinction between “material” and “existential” plays a prominent role in A Theory of Fields, and it played a prominent role in discussions at the Berle VII Symposium. In general, the authors advocated the importance of the ongoing use of social skills and the collaborative efforts to seek meaning, particularly in ways beyond the merely “material.” However, the extent to which rules might matter in these efforts was less clear. Overall, Fligstein and McAdam seek to use the concept of a strategic action field to develop a theory of social change and stability. Yet social change and stability are inextricably …
Notes On The Difficulty Of Studying The Corporation, Marina Welker
Notes On The Difficulty Of Studying The Corporation, Marina Welker
Seattle University Law Review
In the award-winning documentary The Corporation, public intellectuals and activists characterize corporations as “externalizing machines,” “doom machines,” “persons with no moral conscience,” and “monsters trying to devour as much profit as possible at anyone’s expense.” In other footage, people on the street personify corporations: “General Electric: a kind old man with lots of stories;” “Nike: young, energetic;” “Microsoft: aggressive;” “McDonald’s: young, outgoing, enthusiastic;” “Monsanto: immaculately dressed;” “Disney: goofy;” “The Body Shop: deceptive.” The documentary, like screenwriter and legal scholar Joel Bakan’s book The Corporation: The Pathological Pursuit of Profit and Power, imparts dissonant messages about corporations. On the one hand, …
The Theory Of Fields And Its Application To Corporate Governance, Neil Fligstein
The Theory Of Fields And Its Application To Corporate Governance, Neil Fligstein
Seattle University Law Review
My goal here is twofold. First, I want to introduce the theory of strategic action fields to the law audience. The main idea in field theory in sociology is that most social action occurs in social arenas where actors know one another and take one another into account in their action. Scholars use the field construct to make sense of how and why social orders emerge, reproduce, and transform. Underlying this formulation is the idea that a field is an ongoing game where actors have to understand what others are doing in order to frame their actions. Second, I want …
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Seattle University Law Review
In 1976, Michael Jensen and William Meckling published a paper reintroducing agency theory that explained how the modern corporation is structured to serve dispersed shareholders. They purported to describe the world as it exists but, in fact, they described a utopia, and their piece was read as a blueprint for that utopia. We take a page from the sociology of knowledge to argue that, in the modern world, economic theories function as prescriptions for behavior as much as they function as descriptions. Economists and management theorists often act as prophets rather than scientists, describing the world not as it is, …