Natural Law Commons^™

Environmental Justice And Native Americans: The Mescalero Apache And Monitored Retrievable Storage, Kristin Shrader-Frechette

Natural Resources Journal

No abstract provided.

All The Company Of Heaven, Milner S. Ball

Michigan Law Review

A Review of Joseph Vining, From Newton's Sleep

Rivers As Legal Structures: The Examples Of The Jordan And The Nile, Joseph W. Dellapenna

Natural Resources Journal

No abstract provided.

Communicative Power And The Concept Of Law, Ulrich K. Preub

Cardozo Law Review

The idea that the law was founded on the self-interest and the will of rational individuals was first developed and proven in the social contract theories of Hobbes, Locke, and Rousseau. These theorists reacted-admittedly, in extremely different ways-to the problem of finding a collective basis in a world which had lost its common religious fundaments and the economic basis of feudal communal life. The European world of the seventeenth century had fallen apart. The universalism of the catholic world had been replaced by a plurality of subjective worldviews championed by individuals, groups, sects, and new social entities. How could one …

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …

Florida Game And Fresh Water Fish Commission V. Flotilla, Inc., Holly R. Harvey

Natural Resources Journal

No abstract provided.

Determining What Is In The Public Welfare In Water Appropriations And Transfers: The Intel Example, Susanne Hoffman-Dooley

Natural Resources Journal

No abstract provided.

The Future Of High-Level Nuclear Waste Disposal, State Sovereignty And The Tenth Amendment: Nevada V. Watkins, Sonny Swazo

Natural Resources Journal

No abstract provided.

Natural Law And Constitutional Law, Gerard V. Bradley

Journal Articles

A distinguishing feature of the natural law, as Catholics have always understood it, is the set of exceptionless negative moral norms, including that against intentionally killing the innocent. These norms constitute the superstructure of the Christian moral life. They also serve as a ramp to heaven for non-Christians. As the Holy Father made so powerfully clear in the encyclical Veritatis Splendor [VS], when we preach the Gospel we preach the good news of salvation through Jesus. "It is precisely on the path of the moral life that the way of salvation is open to all." [VS …

Trips--Natural Rights And A "Polite Form Of Economic Imperialism", A. S. Oddi

Vanderbilt Journal of Transnational Law

This Article discusses the current predominance of natural rights theory in the area of intellectual property and of patents in particular. Due to the alleged problems of international theft and pirating of patents, the recent GATT negotiations saw intellectual property law come to center stage in the debate over trade. These negotiations concluded that trade-related aspects of intellectual property law can no longer be left to the public policy of individual countries, but require new international minimum standards.

The author discusses how the basic principles of natural rights theory have been used to convince the world community to move toward …

Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John M. Finnis

Journal Articles

Largely rejecting Christian faith and every other recognition of human dependence upon transcendent intelligence and will, our societies are diverging further and further from every type of Christian commonwealth or "civilization of love." In such a situation, one must ask whether Christians involved in politics can have a reasonable expectation of shaping the main lines of public policy and law. Can they expect to do any more than, sometimes, help limit the damage and, always, bear witness to the faith and to the moral truths which are taught by faith?

The Continental Moral Rights Doctrine And Its Applicability In The United States Copyright System, Oswaldo Jose Quintana

LLM Theses and Essays

In the last half of the twentieth century, international copyright protection has become of much greater concern as the copyright industry has become supranational. Treaties enacted in the last ten years such as the Berne Convention Implementation Act, the Uruguay Round Agreements Act, and the Agreement on Trade-Related Aspects of Intellectual Property Rights, provide the highest copyright protection available at the international level. Global piracy has declined in the last several years because of these provisions. However, the adherence by the United States to these treaties has caused controversy; some maintain that it represents a major overhaul of federal law …