Pacem In Terris - Human Rights And Duties In Natural Law,
2016
St. John's University School of Law
Pacem In Terris - Human Rights And Duties In Natural Law, Pope John Xxiii
The Catholic Lawyer
No abstract provided.
Natural Law Norms,
2016
St. John's University School of Law
Natural And Moral Obligations,
2016
St. John's University School of Law
Natural And Moral Obligations, Pedro F. Entenza-Escobar
The Catholic Lawyer
No abstract provided.
Kain V. Department Of Environmental Protection,
2016
Alexander Blewett III School of Law at the University of Montana
Kain V. Department Of Environmental Protection, Sarah M. Danno
Public Land & Resources Law Review
Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.
Expert Workshop Session: Regulatory Framework,
2016
University of Georgia School of Law
Expert Workshop Session: Regulatory Framework, Ashley Ferrelli, Eric Heath, Eulen Jang, Cory Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
The Mixed Courts Of Egypt: A Study On The Use Of Natural Law And Equity,
2016
University of Georgia
The Mixed Courts Of Egypt: A Study On The Use Of Natural Law And Equity, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Front Matter,
2016
University of New Mexico
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Drought And California's Role In The Colorado River Compact,
2016
Notre Dame Law School
Drought And California's Role In The Colorado River Compact, Ciara Dineen
Journal of Legislation
No abstract provided.
Book Review. "But I Know It When I See It": Natural Law And Formalism,
2016
University of Richmond School of Law
Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson
University of Richmond Law Review
No abstract provided.
The Territorial Principle In Penal Law: An Attempted Justification,
2016
University of Canterbury
The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald
Georgia Journal of International & Comparative Law
No abstract provided.
Artificial Insemination: I - Legal Aspects,
2016
St. John's University School of Law
Artificial Insemination: I - Legal Aspects, Anthony F. Logatto, M.S.S.S., Ll.B.
The Catholic Lawyer
No abstract provided.
The Right To Attention,
2016
George Mason University
The Right To Attention, Jasper L. Tran
Indiana Law Journal
What marketing, contracts, and healthcare—specifically informed consent and mandatory ultrasounds—have in common is the right to attention from the information receiver. However, scholarship most often focuses on the communicator’s perspective (e.g., how much information the communicator discloses) or on the information itself, but surprisingly, not much on the receiver’s perspective.
This dearth of scholarship from the information receiver’s perspective is problematic, because the information receiver is often the “little guy” in the conversation. We own and are entitled to our attention because attention is a property right and part of our individual dignity. Yet advertisement companies and scam artists freely …
A Welfarist Perspective On Lies,
2016
Tel Aviv University, Faculty of Law
A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin
Indiana Law Journal
Should a Muslim employee who, in order to avoid discrimination, falsely stated in his job interview that he is Christian be fired for his dishonesty? Should a buyer of a tract of land who, before contracting, conducted an expensive investigation that revealed a high likelihood of mineral deposits be subject to liability for fraud because he told the seller he knew nothing about the land’s mineral potential before purchase? Is a doctor violating her legal duties toward her patient if she convinces him to get vaccinated on the pretext that it is in his best interest when it is instead …
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law,
2016
Fordham University School of Law
Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker
Fordham Urban Law Journal
No abstract provided.
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles,
2016
University of Nebraska College of Law
Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin R. Gardner
Nebraska College of Law: Faculty Publications
To understand the potential scope of the Court's implicit conclusion that the punishment of adolescents is unconstitutional unless a meaningful opportunity for rehabilitation is afforded, it is necessary to carefully distinguish and clarify the distinction between the conflicting concepts of punishment and rehabilitation. I therefore begin Part I by analyzing this distinction. Since the logic of the Court's decisions impacts the punishment of adolescents in both the juvenile and criminal justice contexts, I contrast the two systems in Part II by tracing the development of the juvenile court movement from its original rehabilitative origins towards an increasingly punitive model, dispensing …
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change,
2016
Florida International University College of Law
The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins
Faculty Publications
The Endangered Species Act (ESA) was designed to protect species that had been rendered more vulnerable to extinction as a result of human activity. As such, its implementation has traditionally focused on keeping human beings away from such species and giving the species (and their ecosystems) space to heal on their own. Climate change is altering the landscape everywhere on the globe, rendering the hands-off approach no longer sufficient. Active interventions will become more necessary as we get further into the changing climate. Taking decisive action in response to climate change will also require a fundamental shift in our approach …
Subsidiarity's Roots And History: Some Observations,
2016
Notre Dame Law School
Subsidiarity's Roots And History: Some Observations, John M. Finnis
Journal Articles
Subsidiarity, i.e., “the principle of subsidiarity,” i.e., “the principle of subsidiary function/responsibility,” i.e., the principle that it is unjust for a higher authority (e.g., the state’s government and law) to usurp the self-governing authority that lower authorities (e.g., in families or other civil associations), acting in the service of their own members (groups and persons), rightly have over those members, is a presumptive and defeasible, not an absolute, principle. But it excludes any general policy or aim of assuming the control or managerial direction of lower groups. Its deepest rationale is the intrinsic desirability of self-direction (not least in cooperatively …
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation,
2016
University of Oklahoma College of Law
Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian Mccall
Faculty Articles
Throughout history, some have questioned whether the authority exercised by some over others is consistent with human nature. Is it possible for a law made by one human being to bind the conscience of another, or is such a claim merely tyranny? If such a power to bind to laws made by humans is justified, what is its scope? The answers to these related questions explored in this Article are both descriptive and normative. This Article explains the nature of authority and the extent of the obligation to obey the law as well as explains how the architecture of natural …
Becoming What We Are: Virtue And Practical Wisdom As Natural Ends,
2016
University of Kentucky
Becoming What We Are: Virtue And Practical Wisdom As Natural Ends, Keith Buhler
Theses and Dissertations--Philosophy
This dissertation is about ethical naturalism. Philippa Foot and John McDowell both defend contemporary neo-Aristotelian ethics but each represents a rival expression of the same. They are united in the affirmation that virtue is ‘natural goodness’ for human beings. Nevertheless, they are divided in their rival conceptions of ‘nature.’ McDowell distinguishes second nature or the "space of reasons" from first nature or the “realm of law.” Foot rejects this division.
On Foot's naturalism, natural goodness is just as much a feature of first nature as health is, even though human practical reasoning is unique in the biological world. I defend …
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos,
2016
University of Oklahoma
El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian Mccall
Faculty Books and Book Chapters
Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias. Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes. Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho. …
