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A Welfarist Perspective On Lies, Ariel Porat, Omri Yadlin 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 ...


Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker 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, Martin R. Gardner 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

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 ...


Front Matter, Natural Resources Journal 2016 University of New Mexico

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


The Biodiversity Paradigm Shift: Adapting The Endangered Species Act To Climate Change, Kalyani Robbins 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 ...


Becoming What We Are: Virtue And Practical Wisdom As Natural Ends, Keith Buhler 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 ...


Enduring Originalism, Jeffrey Pojanowski, Kevin C. Walsh 2016 Notre Dame Law School

Enduring Originalism, Jeffrey Pojanowski, Kevin C. Walsh

Journal Articles

If our law requires originalism in constitutional interpretation, then that would be a good reason to be an originalist. This insight animates what many have begun to call the “positive turn” in originalism. Defenses of originalism in this vein are “positive” in that they are based on the status of the Constitution, and constitutional law, as positive law. This approach shifts focus away from abstract conceptual or normative arguments about interpretation and focuses instead on how we actually understand and apply the Constitution as law. On these grounds, originalism rests on a factual claim about the content of our law ...


Subsidiarity's Roots And History: Some Observations, John M. Finnis 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 ...


Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. McCall 2015 University of Oklahoma

Why Is It Good To Stop At A Red Light_ The Basis Of Authority And Obligation, Brian M. Mccall

Brian M McCall

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 ...


El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. McCall 2015 University of Oklahoma

El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall

Brian M McCall

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 ...


God's Bridle: John Calvin's Application Of Natural Law, C. Scott Pryor 2015 Campbell University School of Law

God's Bridle: John Calvin's Application Of Natural Law, C. Scott Pryor

C. Scott Pryor

Review of background and application of the notion of natural law by magisterial reformer John Calvin with applications to contemporary utility of that concept.


Legal Agreement, Andrew Tutt 2015 Yale Law School Information Society Project

Legal Agreement, Andrew Tutt

Akron Law Review

This Article grapples with the question of what it means to agree about what the law is. First, it shows that the question of what it means to “agree about the law” invites us to consider many different kinds of agreement and disagreement we might have about what the law is. Second, it shows that without selecting one of these kinds of agreement, we cannot speak intelligibly about whether we agree or disagree. Third, it explains that this failure to choose is a source of much confusion and apparent disagreement between competing philosophers and philosophies of law. Fourth, it argues ...


William Cullen Bryant And The Poetry Of Natural Law, Steven M. Richman 2015 The University of Akron

William Cullen Bryant And The Poetry Of Natural Law, Steven M. Richman

Akron Law Review

The question has more than academic interest, as noted in Lloyd Weinreb's Natural Law and Justice, in which he argues for a return to natural law's ontological basis.' Tracing its roots in Greek expressions of natural law that allowed for free will in an otherwise determinate natural order, Weinreb surveys the history of natural law only to find that what began as ontological became deontological, which led natural law theories away from nature and reason and towards a focus on concepts of morality. He argues ultimately that such deontological theories fail to answer the question of human freedom ...


A Radical Theory Of Jurisprudence: The "Decisionmaker" As The Source Of Law - The Ohio Supreme Court's Adoption Of The Spendthrift Trust Doctrine As A Model, Gerald P. Moran 2015 The University of Akron

A Radical Theory Of Jurisprudence: The "Decisionmaker" As The Source Of Law - The Ohio Supreme Court's Adoption Of The Spendthrift Trust Doctrine As A Model, Gerald P. Moran

Akron Law Review

This article will apply the jurisprudential thesis that law is essentially the naked preference of the Decisionmaker in examining the judicial enactment of Ohio's spendthrift trust doctrine. With some degree of hope, such an examination will clarify the Decisionmaker's institutional role in the Ohio Supreme Court's determination of whether a spendthrift trust is valid. In doing so, the article will ask why the Court adopted one line of legal reasoning over another? To this end, the often noted observation of the great sage Holmes enlightens us to the principle that an explanation is not found in the ...


Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith 2015 University of New Mexico

Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal 2015 University of New Mexico

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker 2015 University of New Mexico

Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker

Natural Resources Journal

No abstract provided.


Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James 2015 University of New Mexico

Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James

Natural Resources Journal

No abstract provided.


Southern Free Women Of Color In The Antebellum North: Race, Class, And A "New Women's Legal History", Bernie D. Jones 2015 The University of Akron

Southern Free Women Of Color In The Antebellum North: Race, Class, And A "New Women's Legal History", Bernie D. Jones

Akron Law Review

This article develops Welke’s theme and proposes that in the field of legal history, the analyses can not be limited to “race, gender, or class,” but that matrices of race, gender, and class must be considered at their intersections, “race, and gender, and class,” where they might shed light on the significance of shifting legal modalities. It explores how race, gender, and class as legal policy in the 19th century could be crucial for the formation of family and marital relationships in the private sphere. The focus here is upon free women of color living in the antebellum North ...


Secession And Breach Of Compact: The Law Of Nature Meets The United States Constitution, Stephen C. Neff 2015 The University of Akron

Secession And Breach Of Compact: The Law Of Nature Meets The United States Constitution, Stephen C. Neff

Akron Law Review

This discussion will briefly outline the legal arguments in favour of the secessionist position. The first section will survey four arguments that could, in theory, have been employed but which, in practice, were used either not at all or only marginally. The second section will survey, in greater detail, the principal argument which was advanced in 1860-61: that secession was a lawful remedy available to the Southern states in the face of material breaches of the Constitutional compact of 1787 by the free states. It will be observed that, in this argument, general considerations of natural law and of the ...


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