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Articles 1621 - 1650 of 3944
Full-Text Articles in Law and Philosophy
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.
April 7, 2016: The Religious Liberty-Gay Rights Problem, Bruce Ledewitz
April 7, 2016: The Religious Liberty-Gay Rights Problem, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Religious Liberty-Gay Rights Problem“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked
Comparative Local Government Law In Motion: How Different Local Government Law Regimes Affect Global Cities' Bike Share Plans, Daniel B. Rodriguez, Nadav Shoked
Fordham Urban Law Journal
No abstract provided.
Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster
Comparative Urban Governance For Lawyers, Fernanda G. Nicola, Sheila Foster
Fordham Urban Law Journal
No abstract provided.
Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock
Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock
Human Factors and Applied Psychology Student Conference
The institution of capital punishment represents one of the most contentious issues affecting societies today; and while the practice is only implemented in 58 countries, the controversy affects the world at large as over 60% of the human population lives in nations that condone the death penalty (Hali, 2015). In the United States, people who support capital punishment believe the practice to be an effective crime deterrent for potential criminals and therefore a prospective protective measure for law abiding citizens. Moreover, advocates defend their position by forwarding the argument that executions are ‘humane’; that use of lethal injection ensures that …
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Property, Duress, And Consensual Relationships, David Blankfein-Tabachnick
Michigan Law Review
Professor Seana Valentine Shiffrin has produced an exciting new book, Speech Matters: On Lying, Morality, and the Law. Shiffrin’s previous rigorous, careful, and morally sensitive work spans contract law, intellectual property, and the freedoms of association and expression. Speech Matters is in line with Shiffrin’s signature move: we ought to reform our social practices and legal and political institutions to, in various ways, address or accommodate moral values—here, a stringent moral prohibition against lying, a strident principle of promissory fidelity, that is, the principle that one ought to keep one’s promises, and the general value of veracity. The book …
March 31, 2016: Well, If It Is A Crime, Why Shouldn’T Women Be Punished?, Bruce Ledewitz
March 31, 2016: Well, If It Is A Crime, Why Shouldn’T Women Be Punished?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Well, If It is a Crime, Why Shouldn’t Women Be Punished?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
March 25, 2016: Religious Exemptions, Bruce Ledewitz
March 25, 2016: Religious Exemptions, Bruce Ledewitz
Hallowed Secularism
Blog post, “Religious Exemptions“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Man Born Again: Saint Thomas More, Charles J. Zinn, A.B., Ll.B., Ll.M., S.J.D.
A Man Born Again: Saint Thomas More, Charles J. Zinn, A.B., Ll.B., Ll.M., S.J.D.
The Catholic Lawyer
No abstract provided.
March 20, 2016: Maybe Finally A Debate On Trade, Bruce Ledewitz
March 20, 2016: Maybe Finally A Debate On Trade, Bruce Ledewitz
Hallowed Secularism
Blog post, “Maybe Finally a Debate on Trade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
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.
Local Government Law’S “Law And___” Problem, David Schleicher
Local Government Law’S “Law And___” Problem, David Schleicher
Fordham Urban Law Journal
No abstract provided.
Spatial Terrorism, Dawinder S. Sidhu
Spatial Terrorism, Dawinder S. Sidhu
Fordham Urban Law Journal
Terrorism, under federal law, generally means an act of politically- or socially-motivated violence perpetrated against innocents. Terrorism within the meaning of federal law, in other words, exists only if a cognizable motive is uncovered. This definition also sees the United States as an undifferentiated landscape—by its own terms, it fails to take into account any geographic nuance in acts of mass violence. This Article suggests that spatial considerations are relevant in determining whether an act of mass violence constitutes an act of terrorism for purposes of federal law. It points to cities—which are characterized by a highly concentrated, fluid population, …
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.
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson
Rights Versus Duties, History Department Lawyering, And The Incoherence Of Justice Stevens’S Heller Dissent, Nicholas J. Johnson
Fordham Urban Law Journal
No abstract provided.
March 16 2016: Three Conservative Commentators Breaking Out Of Conventional Wisdom, Bruce Ledewitz
March 16 2016: Three Conservative Commentators Breaking Out Of Conventional Wisdom, Bruce Ledewitz
Hallowed Secularism
Blog post, “Three Conservative Commentators Breaking Out of Conventional Wisdom “ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Justice And Research On Controlled Substances With Hivc Persons, Leslie Francis, John Francis
Justice And Research On Controlled Substances With Hivc Persons, Leslie Francis, John Francis
Utah Law Faculty Scholarship
Andreae and colleagues (2016) argue in defense of research involving the use of controlled substances for pain and other symptom control in HIVC patients by raising and defusing selected ethical and legal concerns about this research. While we do not dispute the importance of the research, we are concerned that their discussion construes the research and concomitant issues it raises too narrowly, particularly with respect to data use and confidentiality. In this brief comment, we note and briefly explore five additional issues about data collection and use with HIVC populations that, we believe, are critical to building a case for …
March 12, 2016: Not Trade But Wages, Bruce Ledewitz
March 12, 2016: Not Trade But Wages, Bruce Ledewitz
Hallowed Secularism
Blog post, “Not Trade but Wages“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
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 …