Legal Theory Commons^™

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).

Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen

Festival of Communities: UG Symposium (Posters)

A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Public Legal Reason, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay develops an ideal of public legal reason--a normative theory of legal reasons that is appropriate for a society characterized by religious and moral pluralism. One of the implications of this theory is that normative theorizing about public and private law should eschew reliance on the deep premises of deontology or consequentialism and should instead rely on what the author calls public values--values that can be affirmed without relying on the deep and controversial premises of particular comprehensive moral doctrines.

The ideal of public legal reason is then applied to a particular question--whether welfarism (a particular form of normative …

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Sozialpolitik Anders Denken. Das Verursacherprinzip – Von Der Umweltpolitischen Zur Sozialpolitischen Anwendung, Isidor Wallimann, Esteban Piñeiro

Books

The “polluter pays” principle in environmental law assumes that the actor would reduce or avoid adverse effects of his actions if he had to bear the consequences of those actions (internalization of effects). Such internalization can generally be done in two ways: either by avoiding or eliminating the harmful effects or by wearing the financial consequences of the injury. It is therefore on the one hand to have an incentive effect, on the other to a compensatory effect.

Pineiro and Wallimann apply these societal cost principles from the environmental world to the social realm, where social problems can be seen …

Introduction To, Preferences And Rational Choice: New Perspectives And Legal Implications, Matthew D. Adler, Claire Finkelstein, Peter Huang

Faculty Scholarship

No abstract provided.

The Black And White Of Profiling: Sniping On The Sniper Case, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the construct of profiling in the aftermath of the arrest of two suspects in the recent sniper attacks perpetrated in the greater Washington, D.C. area.

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Trends. Death Penalties For Purveyors Of Death? Not For Many Terrorists, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the nuances surrounding the use of the death penalty in terrorism cases.

Broadly Speaking - March, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2001, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - August 19, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - March, 1999, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - February, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October 16, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - August 24, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April 27, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - April, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - March 30, 1998, Nova Southeastern University

Broadly Speaking

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Broadly Speaking - February 17, 1998, Nova Southeastern University

Broadly Speaking

No abstract provided.