Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide ,
2012
Pepperdine University
Vacco V. Quill And Washington V. Glucksberg: Thou Shalt Not Kill, Unless Your State Permits Physician-Assisted Suicide , Jennifer Bradford
Pepperdine Law Review
No abstract provided.
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations,
2012
Pepperdine University
"A Land Of Strangers": Communitarianism And The Rejuvenation Of Intermediate Associations, Derek E. Brown
Pepperdine Law Review
No abstract provided.
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation,
2012
Pepperdine University
Political Question Or Judicial Query: An Examination Of The Modern Doctrine And Its Inapplicability To Human Rights Mass Tort Litigation, Nancy S. Williams
Pepperdine Law Review
No abstract provided.
Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn,
2012
Pepperdine University
Created Equal: How The Declaration Of Independence Recognizes And Guarantees The Right To Life For The Unborn, Mark Trapp
Pepperdine Law Review
No abstract provided.
Substance And Method In The Year 2000,
2012
Pepperdine University
Substance And Method In The Year 2000, Akhil Reed Amar
Pepperdine Law Review
No abstract provided.
Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory,
2012
Georgetown University Law Center
Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin
Pace Law Review
This Article is deliberately unconventional and exploratory. It begins by raising many conceptually problematic questions which cannot be answered simply or definitively. The point is not to provide any one right answer for these questions but to raise possible directions for new lines of inquiry rather than accepting the theoretical dead end that is irrationalism. I do not necessarily hope to offer a new systemizing theory that can withstand rigorous critique, but rather to show that such attempts remain possible and worthwhile even after the influence of post-modernism and the deconstruction of the most significant social theories.
Misappropriating Women’S History In The Law And Politics Of Abortion ,
2012
Seattle University School of Law
Misappropriating Women’S History In The Law And Politics Of Abortion , Tracy A. Thomas
Seattle University Law Review
To examine the veracity of the political and legal claims of a feminist history against abortion, this Article focuses on one of the leading icons used in antiabortion advocacy—Elizabeth Cady Stanton. Stanton has, quite literally, been the poster child for FFL’s historical campaign against abortion, appearing on posters, flyers, and commemorative coffee mugs. Advocates claim that Stanton is a particularly fitting spokesperson because she was a “feisty gal who had seven children and was outspokenly pro-life.” They claim that she “condemned abortion in the strongest possible terms” and was “a revolutionary who consistently advocated for the rights of women, for …
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement,
2012
Seattle University School of Law
Fugitives In Immigration: A Call For Legislative Guidelines On Disentitlement, Kiran H. Griffith
Seattle University Law Review
In light of Supreme Court jurisprudence regarding the fugitive disentitlement doctrine, the circuit courts of appeal have readily expanded the doctrine’s use to civil matters, as well as immigration. But the Supreme Court’s nuanced treatment of the rationales underlying this doctrine, specifically in Ortega-Rodriguez v. United States and Degen v. United States, has led to inconsistent application across the circuits. Specifically, a split has arisen among the Second, Fifth, Seventh, and Ninth Circuits as to whether these rationales support invocation of the fugitive disentitlement doctrine to find fugitivity and dismiss an alien’s petition for review when an alien fails to …
Orientation And Residence Life: Legal Considerations,
2012
Western Kentucky University
Orientation And Residence Life: Legal Considerations, Cady Denton, Samuel Earls, Nikki N. Eversole, Robin Hume, Stephanie Lott, Kathryn Looft
Parameters of Law in Student Affairs and Higher Education (CNS 670)
No abstract provided.
Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada,
2012
Dalhousie University Schulich School of Law
Organized Crime Outlaws: An Evaluation Of Criminal Organization Legislation In Canada, Carol Fleischhaker
PhD Dissertations
This thesis explains how some organized crime outlaws, such as anti-Prohibitionists, the North American Mafia or La Cosa Nostra, outlaw motorcycle gangs, and Aboriginal street gangs, come to exist and thrive in Canadian society. It sets forth the historical development and nature of criminal organization laws in Canada, and compares the definition of “criminal organization” in the Criminal Code with other criminal law concepts, such as corporate criminals and white-collar criminals; conventional criminality or garden-variety predatory crime; terrorists; and criminal conspirators, parties, and accessories. It uses various concepts and assertions within criminological, sociological and psychological theories to explain the formation …
Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation,
2012
Singapore Management University
Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay
Research Collection Yong Pung How School Of Law
The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to ‘harm’ converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even ‘legally’ argued, to better ensure domestic …
Counterparts In Modern Policing: The Influence Of Corporate Investigators On The Public Police And A Call For The Broadening Of The State Action Doctrine,
2012
Touro Law Center
Counterparts In Modern Policing: The Influence Of Corporate Investigators On The Public Police And A Call For The Broadening Of The State Action Doctrine, Sean James Beaton
Touro Law Review
This Comment first provides an overview of the constitutional concerns that arise when the private police interact with criminal defendants, and the even graver issues that are present when this interaction also involves governmental law enforcement. Part III presents an in depth look at private police, with some detail focused specifically on corporate investigators who work in conjunction with public law enforcement. After assessing this ubiquitous group, Part IV harmonizes the private police and the state action doctrine. Because the state action doctrine has been classified as not being a "model of consistency" and a "conceptual disaster area," the analysis …
The Inherent Instability Of The Financial System,
2012
Pepperdine University
The Inherent Instability Of The Financial System, Kim De Glossop
The Journal of Business, Entrepreneurship & the Law
The article explores one of the causes of the financial crisis of 2008 and of financial crises generally. The argument of the paper is that rather than tend toward equilibrium, financial and asset markets have a tendency to become unstable after prolonged periods of stability. The main driver of this process is the expansion of credit. Debt feeds its way into higher asset prices which in turn justify the accumulation of more debt to purchase further assets, and so on. The basis for the idea is Hyman Minsky's Financial Instability Hypothesis, itself a reinterpretation of The General Theory of Employment, …
Law In A Plural Society: Malaysian Experience,
2012
Brigham Young University Law School
Law In A Plural Society: Malaysian Experience, Zaki Azmi
BYU Law Review
No abstract provided.
From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society,
2012
Washington and Lee University School of Law
From Plyler V. Doe To Trayvon Martin: Toward Closing The Open Society, Lyle Dennison
Washington and Lee Law Review
Lyle Denniston, the longest serving and most experienced journalist covering the United States Supreme Court, takes his theme of an inclusive and open society from the constitutional and cultural vision of the late Justice Lewis F. Powell, Jr. and then offers a detailed argument that America is forfeiting—or at least compromising—that vision in favor of a safer, more secure and more cramped society, at home and abroad. The Article, taken from a memorial lecture in Justice Powell’s honor at Washington and Lee University in April 2012, draws upon a variety of very different societal and legal developments that are found …
A New Form Of Wmd?: Driving With Mobile Devices And Other Weapons Of Mass Destruction,
2012
Elisabeth Haub School of Law at Pace University
A New Form Of Wmd?: Driving With Mobile Devices And Other Weapons Of Mass Destruction, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article explores what the legal, sociological, and scientific literature tells us about risky behavior and what the law can – and can’t - do about it. The article focuses on cell phone use – and the push to regulate it - as a parable about the limits of the law in regulating two things which Americans love – advanced technology and the freedom to drive. The article examines the risks – real and perceived – of motorists who drive while using their cell phones to talk or text, providing a scientifically grounded framework to analyze current and proposed laws …
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind,
2012
The New School
Points Of Stasis And Exchange: A Return To The Economic Model Of The Mind, Jamieson Webster
Cardozo Law Review
No abstract provided.
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner,
2012
University of Leeds
Welfare Economics For Capitalists: The Economic Consequences Of Judge Posner, David Campbell
Cardozo Law Review
No abstract provided.
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales ,
2012
Pepperdine University
Individual Autonomy Versus Community: Is It All Or Nothing? An Analysis Of City Of Chicago V. Morales , Keasa Hollister
Pepperdine Law Review
No abstract provided.
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012,
2012
Roger Williams University
14th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2012, Department Of Attorney General, State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
