Law and Philosophy Commons^™

Unh Students’ Attitudes Toward University Of New Hampshire Police, Angela R. Hurley

Honors Theses and Capstones

This study examines undergraduate students from the University of New Hampshire attitudes towards campus police, specifically how student experience with campus police affects their attitudes toward them. There were a total of 113 respondents from the University of New Hampshire that answered an online survey. The survey looked specifically at the relationship between students' experience and attitudes towards UNH police, hypothesizing that students who had perceived fair encounters with campus police would be more likely to contact them in an emergency and have more positive attitudes toward them . Multivariate analysis shows perceptions of witnessing an interaction and being approached …

Sustainable Tax Policy Through The Lens Of Intergenerational Justice, Neil H. Buchanan

UF Law Faculty Publications

As the papers in this issue demonstrate, the tax system, both domestically and internationally, can be used to help undo generations of damage to all aspects of society, allowing our children and grandchildren to inherit a society that is more just and prosperous than what we are living with today. This is what sustainable policy design requires.

The Radical Philosophy Of Rights By Costas Douzinas (London: Routledge, 2019, 246 Pp., £34.99), Allan C. Hutchinson

Articles & Book Chapters

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Motives And Fiduciary Loyalty, Stephen R. Galoob, Ethan J. Leib

Faculty Scholarship

How, if at all, do motives matter to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility account. On this view, A acts loyally toward B only if …

The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin

Faculty Scholarship

No abstract provided.

International Law And Theories Of Global Justice, Steven Ratner, David Luban, Carmen Pavel, Jiewuh Song, James Stewart

Georgetown Law Faculty Publications and Other Works

International law informs, and is informed by, concerns for global justice. Yet the two fields that engage most with prescribing the normative structure of the world order – international law and the philosophy of global justice – have tended to work on parallel tracks. Many international lawyers, with their commitment to formal sources, regard considerations of substantive (and not merely procedural) justice as ultra vires for much of their work. Philosophers of global justice, in turn, tend to explore the moral commitments of international actors without grappling with the international legal doctrine or institutions. In recent years, however, both disciplines …

On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White

Articles & Book Chapters

Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of a …

Two Theologies Of Chosenness, Benjamin Berger

Articles & Book Chapters

What must we explain if we are seeking to understand the theologies of US exceptionalism?

One answer is that our burden is to explain the particular. Here, the appropriate move is to examine the unique histories and imaginative formations of religious, legal, and political life in the United States. We might look to the unique religious history of the early colonies, to the distinctive role that “Church” plays in US constitutional life, or to the tethering of the market, politics, and religion that has a particular shape and force in US political and legal life. With this move, one is …

Book Review, Terje Einarsen & Joseph Rikhof, A Theory Of Punishable Participation In Universal Crimes (2018), Mark A. Drumbl, Lauren Hancock

Scholarly Articles

In A Theory of Punishable Participation in Universal Crimes, Terje Einarsen and Joseph Rikhof unpack concepts of liability for individual contributions to universal crimes. Universal crimes – namely genocide, crimes against humanity, war crimes, and acts of aggression – tend to occur when a state or another powerful organization (a non-state actor, for example) collectivizes and channels the involvement of many people to commit the crime. The people who execute the acts are rarely ever the people who coordinate them. This disjuncture renders participation difficult to define and punish – individual acts may elide conventional legal intelligibility. Consequently, only …

Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy

Publications

The challenge of energy poverty (EP) primarily confronts the least developed countries (LDCs) of the world, located in Africa and Asia, but is also prevalent within segments of more advanced developing countries in Asia. This article will first delineate the nature of global energy poverty that results in the premature deaths of millions of people and leads to pervasive sickness among many more millions. The article will next sketch the legal and political responses to this problem that have generally applied principles of sustainable development (SD) and the seventeen Sustainable Development Goals (SDGs) of 2015 adopted by the General Assembly …

Promise, Agreement, Contract, Gregory Klass

Georgetown Law Faculty Publications and Other Works

It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law—into an account of its functions or justifications. Contract law might serve to enforce parties’ first-order performance obligations, to enforce second-order remedial obligations, to support the culture of making and keeping agreements more generally, or at least to do no harm to that culture or to people’s ability to act morally. Second, contract can be understood as the legal analog to promise. …

You That Build The Death Planes: Bob Dylan, War And International Affairs, Michael L. Perlin

Articles & Chapters

Several years ago, I wrote that Bob Dylan was “a scholar with a well-developed jurisprudence on a range of topics including civil, criminal, public, and private law” (Perlin, 2011, p.1396). In that article, I discussed and analyzed Dylan songs that dealt with, variously, civil rights, inequality in the criminal and civil justice systems, institutions, governmental/judicial corruption, equality and emancipation, and the role of lawyers in the legal process. (Id.). But I noted that I was omitting – for space considerations – any discussion of Dylan songs dealing with war and international affairs (Id., p. 1398, n. 15).

In this paper, …

Empathy And Worthiness: The Modern Victims' Rights Movement And The Growth Of Mass Incarceration, Samantha Dresner

Scripps Senior Theses

The Victims' Rights Movement emerged in the 1970s and 1980s, at the same time as the War on Drugs and War on Crime were driving mass incarceration at unprecedented levels. This paper examines the historical roots of the victims' rights movement and its evolution from grassroots organizing into a tool of state power. It interrogates the meaning of "worthy" victims, and looks into the landmark Supreme Court case Payne v. Tennessee as an example of victim impact evidence being used to support the state project of the death penalty.

Transfixed In The Camera's Gaze: Foster V. Svenson And The Battle Of Privacy And Modern Art, Michael Goodyear

Articles & Chapters

The battle between First Amendment expression and privacy interests in twenty-first century America is in full force. In Foster v. Svenson, a photographer used a high-powered camera to take snapshots of his neighbors. The New York court ruled that it was art and therefore immune from New York’s privacy statute. Constrained by New York’s ineffective privacy statute, the court’s ruling included a cry for the New York legislature to act.

Privacy has become an increasingly powerful right in American law, especially with the growth of technology. Yet the problem with Foster and the New York statute is that the sole …

The Limits Of Affirmative Action And The Illusion Of Whiteness As Property, Gino Townsend

CMC Senior Theses

In 1993 Cheryl Harris delivers a scathing review of the effects of American slavery on the socioeconomic status of black Americans in Whiteness as Property. In her criticisms of the rulings of Brown v. Board of Education and Regents of the University of California v. Bakke, Harris uses these cases and others to show how affirmative action is meant to equalize the socioeconomic status of white and black Americans and does not conflict with the Constitution, which Harris observes through the lens of whiteness as property. Harris’ goal is to show that affirmative action is the only means …

International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel

Articles

International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …

The Genius Of Hamilton And The Birth Of The Modern Theory Of The Judiciary, William M. Treanor

Georgetown Law Faculty Publications and Other Works

In late May 1788, with the essays of the Federalist on the Congress (Article I) and the Executive (Article II) completed, Alexander Hamilton turned, finally, to Article III and the judiciary. The Federalist’s essays 78 to 83 – the essays on the judiciary - had limited effect on ratification. No newspaper outside New York reprinted them, and they appeared very late in the ratification process – after eight states had ratified. But, if these essays had little immediate impact – essentially limited to the ratification debates in New York and, perhaps, Virginia – they were a stunning intellectual achievement. Modern …

Knowing How To Know: Secondary Liability For Speech In Copyright Law, Laura A. Heymann

Faculty Publications

Contributory copyright infringement has long been based on whether the defendant, "with knowledge of the infringing activity," induced, caused, or materially contributed to another's infringing conduct. But few court opinions or scholarly articles have given due consideration to what it means to "know" of someone else's infringing conduct, particularly when the unlawfulness at issue cannot truly exist until a legal judgment occurs. How can one "know," in other words, that a court or jury will deem a particular use infringement rather than de minimis or fair use? At best, contributory defendants engage in a predictive exercise--in some cases, a more …

Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford

Loyola of Los Angeles International and Comparative Law Review

Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of international …