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Articles 1 - 30 of 344
Full-Text Articles in Law and Society
Sustainability Meets Profitability: The Convenient Truth Of How The Business Judgment Rule Protects A Board's Decision To Engage In Social Entrepreneurship, Janet E. Kerr
Cardozo Law Review
No abstract provided.
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson
Cardozo Law Review
No abstract provided.
Some Questions For The Barrier Theory, Alan Rubel
Some Questions For The Barrier Theory, Alan Rubel
San Diego Law Review
Having set out the basics, Rickless considers several questions one might pose for the Barrier Theory. For example, must the barrier be solid? No. Must the barrier be erected by, rather than merely used by, the rightholder? No. Must the barrier be morally permissible in the first instance? No. While Rickless's answers seem correct, I think that they raise some concerns about the Barrier Theory.
Toward Informational Privacy Rights, Adam D. Moore
Toward Informational Privacy Rights, Adam D. Moore
San Diego Law Review
In this paper I will offer several arguments in support of the view that individuals have moral claims to control personal information. Coupled with rights to control access to one's body, capacities, and powers, or physical privacy rights, we will have taken important steps toward a general right to privacy. In Part I, a definition of privacy is offered along with an account of the value of privacy. Simply put, privacy - defined as control over access to locations and information - is necessary for human well-being. In Part II, an attempt to move beyond claims of value to claims …
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Family And Juvenile Law, Lynne Marie Kohn
Family And Juvenile Law, Lynne Marie Kohn
University of Richmond Law Review
No abstract provided.
Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma
Separation, Risk, And The Necessity Of Privacy To Well-Being: A Comment On Adam Moore's Toward Informational Privacy Rights, Kenneth Einar Himma
San Diego Law Review
In this Article, I want to raise doubts about certain of Moore's premises in his argument defending information privacy rights. As always and I say this as a continuing admirer of his skill as a philosopher, information theorist, and legal theorist his argument is well thought out and persuasively written. But, as we will see, there are serious problems with each major plank of his schema for justifying privacy rights.
The Price Of Misdemeanor Representation, Erica J. Hashimoto
The Price Of Misdemeanor Representation, Erica J. Hashimoto
Scholarly Works
Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forth years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …
The Human Right To Privacy, James Griffin
The Human Right To Privacy, James Griffin
San Diego Law Review
To say much of interest about a particular human right, we have to know its content. So we have to know how to decide its content. That is where I shall start.
Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander
Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander
San Diego Law Review
The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."
"I'Ve Got Nothing To Hide" And Other Misunderstandings Of Privacy, Daniel J. Solove
"I'Ve Got Nothing To Hide" And Other Misunderstandings Of Privacy, Daniel J. Solove
San Diego Law Review
In this short Article, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: "I've got nothing to hide." According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide …
Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee
Does Warrantless Wiretapping Violate Moral Rights?, Evan Tsen Lee
San Diego Law Review
The controversy over the Bush Administration's warrantless wiretapping program will not disappear any time soon. Legislators, policymakers, and academics should be thinking about whether and under what circumstances such surveillance should be illegal. A major factor in that decision is the moral status of such wiretapping. This essay, written for a symposium on moral rights to informational privacy, argues that two key determinants in the morality of warrantless wiretapping are (1) whether the subjects of the surveillance are known terrorists; and (2) whether the wiretapping is part of a pre-emptive surveillance program, or instead whether government operatives actually know of …
The Right To Privacy Unveiled, Samuel C. Rickless
The Right To Privacy Unveiled, Samuel C. Rickless
San Diego Law Review
The purpose of this Article is to bring order to this theoretical chaos. In my view, none of these accounts of the right to privacy is accurate. As I will argue, we are better served by a completely different theoretical description of the relevant right. It is my hope that greater philosophical clarity in this area of ethics will lead to a more careful appreciation of the value of the right to privacy, as well as legislation and judicial reasoning that is more carefully crafted to protect against violations of the right. This Article is organized as follows: In Part …
Privacy Versus Security: Why Privacy Is Not An Absolute Value Or Right, Kenneth Einar Himma
Privacy Versus Security: Why Privacy Is Not An Absolute Value Or Right, Kenneth Einar Himma
San Diego Law Review
In this Article, I consider the scope of this right to informational privacy relative to our interests in security and argue, in particular, that the right to privacy must yield to these interests in the case of a direct conflict. I offer arguments from a number of different perspectives. I will, for example, begin with a case directly rooted in what I take to be ordinary case intuitions and then continue with an argument grounded in the distinction between intrinsic and instrumental value, which is thought to serve as a rough mark between what is important from a moral point …
Claims To Privacy And The Distributed Value View, Alan Rubel
Claims To Privacy And The Distributed Value View, Alan Rubel
San Diego Law Review
This Article is organized as follows. In Part II, I briefly explain my view of what privacy is - the particularized judgment account. I then turn to the question of privacy - value in Part III, where I examine several views prominent in the literature. In Part IV, I outline my view of privacy's value. I argue that, at its strongest, privacy has constitutive value, which is to say that privacy is a constituent part of intrinsically valuable states of affairs. However, in many cases, privacy's value is not morally weighty. Unlike other goods to which privacy is compared, I …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
The Impossibility Of A Prescriptive Paretian, Robert C. Hockett
The Impossibility Of A Prescriptive Paretian, Robert C. Hockett
Cornell Law Faculty Publications
Most normatively oriented economists appear to be “welfarist” and Paretian to one degree or another: They deem responsiveness to individual preferences, and satisfaction of one or more of the Pareto criteria, to be a desirable attribute of any social welfare function. I show that no strictly “welfarist” or Paretian social welfare function can be normatively prescriptive. Economists who prescribe must embrace at least one value apart from or additional to “welfarism” and Paretianism, and in fact will do best to dispense with Pareto entirely.
Book Information And Talk At Ritz Theatre And Lavilla Museum
Book Information And Talk At Ritz Theatre And Lavilla Museum
Textual material from the Rodney Lawrence Hurst, Sr. Papers
A talk with Rodney Hurst about his new book "It was Never about a Hot dog and a Coke"
The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield
The Glass Half Full: Envisioning The Future Of Race Preference Policies, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
Justice Breyer's concern that the Court's June 2007 ruling in Parents Involved in Community Schools v. Seattle School District. No. 1 "is a decision the Court and nation will come to regret" is not well founded. Far from limiting the constitutionally permissible use of race in education from its present restriction to higher education, the case may allow governmental entities to consider race as a factor to achieve diversity in grades K-12. In Parents Involved, which the Court decided with its companion case, McFarland v. Jefferson County Public Schools four justices concluded that school boards may never consider race when …
Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
Eesi Newsletter, No. 3, Oct. 2007, Energy & Environmental Security Initiative (University Of Colorado Boulder)
EESI: The Energy & Environmental Security Initiative [Newsletter] (2007)
No abstract provided.
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
Faculty Works
This article explores the background principles of consistency and proportionality in legal rules and remedies. It identifies the relative strength of the interests of individuals and the public as the key to justifying the remedies available in different areas of law. Understanding the normative guidance of particular legal rules reveals the strength of society's judgment of the interests at stake in different remedies. For example, the principle of consistency generally means that a legal doctrine applying an objective measure of one's interest must apply a like-kind measure to all interests considered, absent some explicit and justifiable basis for different formulations. …
Horse-And-Buggy Dockets In The Internet Age, And The Travails Of A Courthouse Reporter, Lyle Denniston
Horse-And-Buggy Dockets In The Internet Age, And The Travails Of A Courthouse Reporter, Lyle Denniston
The Journal of Appellate Practice and Process
No abstract provided.
Some Reflections On Cameras In The Appellate Courtroom, Diarmuid F. O'Scannlain
Some Reflections On Cameras In The Appellate Courtroom, Diarmuid F. O'Scannlain
The Journal of Appellate Practice and Process
No abstract provided.
Five Ways Appellate Courts Can Help The News Media, Tony Mauro
Five Ways Appellate Courts Can Help The News Media, Tony Mauro
The Journal of Appellate Practice and Process
No abstract provided.
Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters
Technological Transparency: Appellate Court And Media Relations After Bush V. Gore, Robert Craig Waters
The Journal of Appellate Practice and Process
No abstract provided.
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Toward A Foundational Theory Of Workers' Rights: The Autonomous Dignified Worker, Anne M. Lofaso
Law Faculty Scholarship
No abstract provided.
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
The Concept Of Critical Mass In Legal Discourse, Adeno Addis
Cardozo Law Review
No abstract provided.
From Federal Rules To Intersystemic Governance In Securities Regulation, Robert B. Ahdieh
From Federal Rules To Intersystemic Governance In Securities Regulation, Robert B. Ahdieh
Faculty Scholarship
In this brief essay, prepared as part of a symposium on The New Federalism: Plural Governance in a Decentered World, I explore the regulatory dynamics at work: (1) in the operation of Securities Exchange Act Rule 14a-8, (2) in the interventions of then-Attorney General Eliot Spitzer in the national securities markets, and (3) in recent steps by the Securities and Exchange Commission to reconcile U.S. and international accounting standards. In each case, a distinct dynamic of regulatory interaction - what I term intersystemic governance - can be observed. In such cases, overlapping jurisdiction combines with various sources of interdependence to …
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
From Federalism To Intersystemic Governance: The Changing Nature Of Modern Jurisdiction, Robert B. Ahdieh
Faculty Scholarship
At heart, this introductory essay aspires to encourage scholars who write in widely divergent areas, yet share a focus on the changing nature of jurisdiction, to engage one another more closely. From Jackson's study of "convergence, resistance, and engagement" among courts, Kingsbury's study of "global administrative law," and Bermann's analysis of "transatlantic regulatory cooperation," to Resnik's evaluation of "trans-local networks," Weiser's account of "cooperative federalism" in telecommunications law, and Thompson's concept of "collaborative corporate governance," a related set of questions is ultimately at stake: How ought we understand the reach of any given decision-maker's jurisdiction? What are the implications of …