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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 ...


"The Tempest": Shady Grove Orthopedic Associates, P.A. V. Allstate Insurance Co.: The Rules Enabling Act Decision That Added To The Confusion - But Should Not Have, Donald L. Doernberg 2015 The University of Akron

"The Tempest": Shady Grove Orthopedic Associates, P.A. V. Allstate Insurance Co.: The Rules Enabling Act Decision That Added To The Confusion - But Should Not Have, Donald L. Doernberg

Akron Law Review

This Article discusses the effect Shady Grove is likely to have on vertical choice-of-law in cases involving a Federal Rule of Civil Procedure...Part II of the Article discusses the majority opinion. Part III deals with parts II-B and II-C of Justice Scalia’s opinion and with the concurrence. Part IV addresses the dissent. Part V offers a critical evaluation of the opinions. Part VI discusses some of the scholarly interpretations of REA and suggests two possible perspectives on REA’s substantive-rights limitation that make it more understandable in light of the Erie doctrine’s history, easier to navigate, and ...


Nature’S Law: The Evolutionary Origin Of Property Rights, Kathryn Loncarich 2015 Pace University

Nature’S Law: The Evolutionary Origin Of Property Rights, Kathryn Loncarich

Pace Law Review

This article contributes to the outline of the origin of property rights set forth by Professor Krier, by more fully analyzing the role of evolutionary biology in the development of property rights. This article focuses on the pre-political formation of property ownership and the initial formation of concepts of property and ownership. Expanding on Krier’s analysis, this article considers the implications of this evolutionary foundation on our modern property regime, particularly given the growing chasm between the wealthy on one side and the poor and middle-class on the other.

Part II discusses the growing disparity of wealth in America ...


Sovereignty And Subversion, Alice Ristroph 2015 Brooklyn Law School

Sovereignty And Subversion, Alice Ristroph

Faculty Scholarship

No abstract provided.


America The Eusocial, 49 New Eng. L. Rev. On Remand 71 (2015), Timothy P. O'Neill 2015 John Marshall Law School

America The Eusocial, 49 New Eng. L. Rev. On Remand 71 (2015), Timothy P. O'Neill

Timothy P. O'Neill

No abstract provided.


Redrawing The Dividing Lines Between Natural Law And Positivism(S), Jeffrey Pojanowski 2015 Notre Dame Law School

Redrawing The Dividing Lines Between Natural Law And Positivism(S), Jeffrey Pojanowski

Journal Articles

Anglo-American jurisprudence, before it insulated itself in conceptual analysis and defined itself in opposition to broader questions, was properly a “sociable science,” to use Professor Postema’s phrase from his symposium article. And, in part due to the exemplars of history, so it may become again. By drawing on Bentham and Hobbes, Professor Dan Priel’s Toward Classical Positivism points forward toward more fruitful methods of jurisprudence while illuminating the recent history and current state of inquiry. His article demonstrates the virtues and promise of a more catholic approach to jurisprudence. It also raises challenging questions about the direction to ...


Return To Political Theology, Joshua D. Hawley 2015 University of Missouri School of Law

Return To Political Theology, Joshua D. Hawley

Notre Dame Law Review

My aim in what follows is to employ N.T. Wright’s powerful and provocative analysis of Paul’s political gospel as a critical perspective on the foundational claims of the Great Separation. Because the very possibility of political theology is disputed in many quarters, I begin in Part I with a defense of political theology as critical theory. In Part II, I turn to Paul’s political gospel, tracing Wright’s reconstruction of its central terms, including the Pauline critique of empire. In Part III, I explore—briefly—the affirmative political vision Pauline theology makes possible, with particular focus ...


Actual Minds, Possible Worlds (Book Review), Thomas L. Shaffer 2015 Notre Dame Law School

Actual Minds, Possible Worlds (Book Review), Thomas L. Shaffer

Thomas L. Shaffer

Book review of: Actual Minds, Possible Worlds, by Jerome Bruner; Time, Narrative, and History, by David Carr; Law, Freedom, and Story: The Role of Narrative in Therapy, Society, and Faith, by John C. Hoffman; and Narrative and Morality, by Paul Nelson.


Truthfulness And Tragedy (Book Review), Thomas L. Shaffer 2015 Notre Dame Law School

Truthfulness And Tragedy (Book Review), Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford 2015 The John Marshall Law School, Chicago

Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford

Stuart Ford

On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including ...


Natural Law And Justice (Book Review), Robert Rodes 2015 Notre Dame Law School

Natural Law And Justice (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes 2015 Notre Dame Law School

Rights Talk: The Impoverishment Of Political Discourse And A Nation Under Lawyers (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


The Interpretation Game (Book Review), Robert Rodes 2015 Notre Dame Law School

The Interpretation Game (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


A Modern Legal Ethics: Adversary Advocacy In A Democratic Age (Book Review), Robert Rodes 2015 Notre Dame Law School

A Modern Legal Ethics: Adversary Advocacy In A Democratic Age (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


Justice For Hedgehogs (Book Review), Robert Rodes 2015 Notre Dame Law School

Justice For Hedgehogs (Book Review), Robert Rodes

Robert Rodes

No abstract provided.


The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson 2015 Notre Dame Law School

The Unity Of Law & Morality: A Refutation Of Legal Positivism (Book Review), John H. Robinson

John H. Robinson

No abstract provided.


Coexisting Normative Orders? Yes, But No, John Finnis 2015 Selected Works

Coexisting Normative Orders? Yes, But No, John Finnis

John M. Finnis

No abstract provided.


Law And What I Truly Should Decide;Symposium: Has Law Moral Foundations, John Finnis 2015 Selected Works

Law And What I Truly Should Decide;Symposium: Has Law Moral Foundations, John Finnis

John M. Finnis

No abstract provided.


Natural Law Theory: Its Past And Its Present, John M. Finnis 2015 Notre Dame Law School

Natural Law Theory: Its Past And Its Present, John M. Finnis

John M. Finnis

No abstract provided.


Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, The;Forum: Sexual Morality And The Possibility Of Same-Sex Marriage, John Finnis 2015 Selected Works

Good Of Marriage And The Morality Of Sexual Relations: Some Philosophical And Historical Observations, The;Forum: Sexual Morality And The Possibility Of Same-Sex Marriage, John Finnis

John M. Finnis

No abstract provided.


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