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  1. Azizah al-Hibri (2014). Developing Islamic Jurisprudence in the Diaspora: Balancing Authenticity, Diversity, and Modernity. Journal of Social Philosophy 45 (1):7-24.
  2. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  3. Raul Ceruti, El Iurisnauta - Geografías.
    Una indagación acerca de las ficciones de unidad en el Derecho, los haces de imputación correspondientes a sus diferentes ramas, y la detección de puntos ciegos en el Derecho. Tesis de Maestría en Elaboración de Normas (Universidad de Buenos Aires).
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  4. Perry Dane (2008). West Virginia State Board of Education V. Barnette, 319 U.S. 624 (1943). In David Spinoza Tanenhaus (ed.), ENCYCLOPEDIA OF THE UNITED STATES SUPREME COURT.
    This entry in the Encyclopedia of the Supreme Court of the United States (David S. Tanenbaus, Editor-in-Chief) discusses the landmark decision in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943). Barnette held that students have a constitutional right to refuse to salute the flag or recite the pledge of allegiance. The case marks an important moment in free speech jurisprudence and in the Supreme Court's treatment of the relationship between individual conscience and the state. It is (...)
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  5. Perry Dane (2000). Pluralities of Justice, Modalities of Peace: The Role of Law(s) in a Palestinian-Israeli Accommodation. Case Western Reserve Journal of International Law 32:273-285.
    This Article was written during the last days of Bill Clinton’s presidency as negotiations toward an Israeli-Palestinian settlement seemed to be on track toward some sort of agreement. The Article responds to the argument made by Professor John Quigley that certain elements of the anticipated compromises on such issues as borders, settlements, displaced persons, and Jerusalem would violate Palestinian rights under international law that were beyond the power of the Palestinian authorities to negotiate away. -/- My article only briefly responds (...)
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  6. Perry Dane (1996). Constitutional Law and Religion. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.
    This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...)
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  7. Perry Dane (1996). Conflict of Laws. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers.
    This essay on choice of law (private international law) appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of an entry on the same topic in the first edition of the book. The essay focuses on the epic battle over the course of the last century between two very different traditions - classical choice of law, articulated most completely by Joseph Beale in the 1930s, and (...)
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  8. Jude P. Dougherty (1983). Social Order and the Limits of Law. Review of Metaphysics 37 (1):126-127.
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  9. Christopher Dunn (2011). Clarifying the View of the Cathedral: The Four Dimensions of the Framework and Calabresi Theorem. BocconiLegalpapers.Org:1-72.
    This work describes a seminal framework of law by one of the founders of the field of law and economics, Judge Guido Calabresi. It broadens what is known as the framework of law among legal scholars, and posits a calabresi theorem which is developed and explained, in part, in comparison to the coase theorem. The framework provides policymakers a tool for creating balanced policies.
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  10. Alekandar Fatic, Srdjan Korac & Aleksandra Bulatovic (2013). • Etika kriminalističko-obaveštajnog rada ( Ethics of Criminal Intelligence).
    The book lays out a comprehensive professional ethics for criminal intelligence professionals, focusing on personal responsibility and the moral obligation by the state to build sufficient capacity in criminal intelligence operatives to make competent moral decisions while using discretion.
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  11. Aleksandar Fatic, Srdjan Korac & Aleksandra Bulatovic (2011). • Etički standardi za kriminalističko-obaveštajni rad (Ethics Standards for Criminal Intelligence).
    This is a guide for building specific ethics standards for the criminal intelligence service which can be used for in-house arbitration, facilitation or adjudication of ethics issues.
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  12. David Gindis (2009). From Fictions and Aggregates to Real Entities in the Theory of the Firm. Journal of Institutional Economics 5 (1):25-46.
    According to the dominant "nexus of contracts" and "collection of assets" views of the firm, the firm is a either a fiction or an aggregate. Although legal personality is important in both accounts, everything is said to be achieved by private contract alone and the law's role in creating legal entity status is dismissed. The paper challenges both these aspects by reconsidering an alternative "real entity theory" that dominated debates at the turn of the twentieth century. This forgotten view holds (...)
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  13. Steven Greenblatt, Top Ten Principles for Executives and Managers in Sexual Harassment Law.
    Recent legal cases illuminate the parameters for scrutiny of the organizational climate to ensure that a hostile environment does not exist. The lesson to derive is that this inquiry is not just about sexual harassment.
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  14. David E. Guinn (2002). Faith on Trial: Communities of Faith, The First Amendment and the Theory of Deep Diversity. Lexington Books.
    This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation ...
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  15. J. Habermas (2002). Public & Private. Legal, Political and Philosophical Perspectives. Contemporary Political Theory 1 (1):125-127.
  16. William Hirstein & Katrina Sifferd (2011). The Legal Self: Executive Processes and Legal Theory. Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...)
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  17. Walter Horn (1992). A Guide to Allocating Resources Between Mediation and Adjudication. Justice System Journal 15 (3):824-841.
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  18. Nida Khan (2013). Advance Care Planning in Pakistan: Unexplored Frontiers. Asian Bioethics Review 5 (4):363-369.
    Advance Care Planning, of which Advance directive is only a part, is a process of planning for future medical care under circumstances of impaired decisional capacity. Advance care planning involves a structured discussion between patient and ideally their primary care physician to explore the goals of care in the context of current and hypothetical illness states, discusses treatment options in the context of these goals of care and finally articulates and docu- ments treatment and care preferences of the patient.1 Advance (...)
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  19. Justice M. D. Kirby (1986). Medical Technology and New Frontiers of Family Law. Journal of Law, Medicine & Ethics 14 (3-4):113-119.
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  20. Adam Kolber (2014). The Limited Right to Alter Memory. Journal of Medical Ethics 40 (10):658-659.
    We like to think we own our memories: if technology someday enables us to alter our memories, we should have certain rights to do so. But our freedom of memory has limits. Some memories are simply too valuable to society to allow individuals the unfettered right to change them. Suppose a patient regains consciousness in the middle of surgery. While traumatized by the experience and incapable of speaking, he coincidentally overhears two surgeons make plans to set fire to the hospital. (...)
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  21. Adam Kolber (2011). Give Memory-Altering Drugs a Chance. Nature 475 (7360):275-276.
    Several studies suggest that memories can be pharmaceutically dampened. For example, researchers recently showed that a drug called ZIP causes cocaine-addicted rats to forget the locations where they had regularly been receiving cocaine. Other drugs, already tested in humans, may ease the emotional pain associated with memories of traumatic events. Many are alarmed by the prospect of pharmaceutical memory manipulation. In this brief comment, I argue that these fears are overblown. Thoughtful regulation may someday be appropriate, but excessive hand-wringing now (...)
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  22. Adam Kolber (2002). Standing Upright: The Moral and Legal Standing of Humans and Other Apes. Stanford Law Review 54:163-204.
    The law typically treats great apes and other non-humans as property and not as persons. This is so, even though great apes have cognitive abilities that exceed those of some mentally-deficient humans. Nevertheless, these humans are entitled to the full range of personhood rights, while apes are entitled to none of them. Without attempting to resolve this discrepancy, I suggest more modestly that those rights we do extend to apes under the Animal Welfare Act might be more easily safeguarded if (...)
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  23. Adam J. Kolber (2011). The Experiential Future of the Law. Emory Law Journal 60:585-652.
    Pain, suffering, anxiety, and other experiences are fundamentally important to civil and criminal law. Despite their importance, we have limited ability to measure experiences, even though legal proceedings turn on such measurements every day. Fortunately, technological advances in neuroscience are improving our ability to measure experiences and will do so more dramatically in what I call “the experiential future.” In this article, I describe how new technologies will improve our assessments of physical pain, emotional distress, and a variety of psychiatric (...)
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  24. Adam J. Kolber (2010). Alternative Burdens on Freedom of Conscience. San Diego Law Review 47:919-934.
    We sometimes exempt people from generally applicable laws when compliance would violate their rights of conscience. In “The Significance of Conscience,” Kent Greenawalt discusses a variety of issues about the proper scope and subject matter of claims of conscience. He argues that we should generally give nonreligious claims comparable treatment to religious claims but argues further that there are special reasons to accommodate religious claims that ought to factor into our deliberations. In this brief comment, I discuss Greenawalt’s analysis and (...)
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  25. Adam J. Kolber (2009). The Subjective Experience of Punishment. Columbia Law Review 109:182.
    Suppose two people commit the same crime and are sentenced to equal terms in the same prison facility. I argue that they have identical punishments in name only. One may experience incarceration as challenging but tolerable while the other is thoroughly tormented by it. Even though people vary substantially in their experiences of punishment, our sentencing laws pay little attention to such differences. I make two central claims: First, a successful justification of punishment must take account of offenders' subjective experiences (...)
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  26. Adam J. Kolber (2009). How to Improve Empirical Desert. Brooklyn Law Review 75 (2):433-461.
    According to empirical desert advocates, lay moral intuitions are consistent with retributive approaches to punishment, and policymakers can increase compliance with criminal justice policies by punishing in accord with those intuitions. I offer three challenges to empirical desert intended ultimately to strengthen its theoretical underpinnings: First, advocates have cherry-picked certain moral intuitions, while ignoring others. Second, they have yet to demonstrate the weight to assign the compliance induced by empirical desert relative to the weight of other consequentialist considerations. Third, empirical (...)
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  27. Adam J. Kolber (2006). Therapeutic Forgetting: The Legal and Ethical Implications of Memory Dampening. Vanderbilt Law Review 59 (5):1561-1626.
    Neuroscientists have made significant advances in identifying drugs to dampen the intensity of traumatic memories. Such drugs hold promise for victims of terrorism, military conflict, assault, car accidents, and natural disasters who might otherwise suffer for many years from intense, painful memories. In 2003, the President's Council on Bioethics released a report entitled Beyond Therapy: Biotechnology and the Pursuit of Happiness, which analyzed memory dampening in some detail. While the Council acknowledged the potential benefits of memory dampening, some Council members (...)
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  28. A. Kostruba (2013). The understanding of right depriving jural facts in respect to the reasons of deprivation of right of property: Legal civil aspect. Liberal Arts in Russia 2 (5):448--457.
    The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property), cessation of the (...)
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  29. Daniel Lee (2013). Roman Law, German Liberties, and the Constitution of the Holy Roman Empire. In Quentin Skinner & Martin Van Gelderen (eds.), Freedom and the Construction of Europe. 256-273.
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  30. Daniel Lee (2008). Private Law Models for Public Law Concepts. Review of Politics 70.
  31. Raamy Majeed (forthcoming). From Zombie Art to Dead Art. Think.
    Zombie art, or salvage art, are artworks that are damaged beyond repair, deemed ‘no-longer-art’ by insurance companies, and removed from the market and stored at claims inventories due to their purported loss of value. This paper aims to make sense of the notion of zombie art. It then aims to determine whether artefacts that fall under this concept retain any aesthetic value, and whether they can genuinely cease being artworks, i.e. be dead art.
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  32. Peter Mercer, Terra Strong & Margaret Ann Wilkinson, The Practice of Ethical Precepts: Dissecting Decision-Making by Lawyers.
    The article describes the context for a major piece of interdisciplinary research undertaken in Ontario, Canada investigating whether the nature of ethical behaviour was changing over time: whether professionalism or profit was driving the behaviour of lawyers. The project had both conceptual and philosophical aspects and an empirical investigation. Previous research on professional ethics is canvassed, including studies of medical ethics, and the particular problems associated with research about the legal profession are identified. The full methodology of the empirical aspect (...)
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  33. Andrew Stumpff Morrison, Law is the Command of the Sovereign: H.L.A. Hart Revisited.
    This article presents a critical reevaluation of the thesis – closely associated with H.L.A. Hart, and central to the views of most recent legal philosophers – that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately to be understood as “commands of the sovereign, backed by force”. This follows in part from recognition that the “sovereign”, defined rigorously, at the highest level of abstraction, is that (...)
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  34. Stephen J. Morse (2008). Psychopathy and Criminal Responsibility. Neuroethics 1 (3):205-212.
    This article considers whether psychopaths should be held criminally responsible. After describing the positive law of criminal responsibility in general and as it applies to psychopaths, it suggests that psychopaths lack moral rationality and that severe psychopaths should be excused from crimes that violate the moral rights of others. Alternative forms of social control for dangerous psychopaths, such as involuntary civil commitment, are considered, and the potential legal implications of future scientific understanding of psychopathy are addressed.
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  35. Thomas Nadelhoffer (2011). Neural Lie Detection, Criterial Change, and OrdinaryLanguage. Neuroethics 4 (3):205-213.
    Michael Pardo and Dennis Patterson have recently put forward several provocative and stimulating criticisms that strike at the heart of much work that has been done at the crossroads of neuroscience and the law. My goal in this essay is to argue that their criticisms of the nascent but growing field of neurolaw are ultimately based on questionable assumptions concerning the nature of the ever evolving relationship between scientific discovery and ordinary language. For while the marriage between ordinary language and (...)
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  36. Raimonda Nelku (2014). Failure of the Audiovisual Media Law and the Contradiction That Holds Public Interest Hostage. SOCRATES 1 (March 2014):76-88.
    Democratic transitions of Eastern countries brought about the need to shifting from eastern into western paradigms. Transitioning into western models of media, more specifically to the public system of broadcasting became a prerequisite for achieving the EU status for Eastern European transitioning countries. It has been twelve years since Albania entered the process of transformation from being a State TV towards becoming a Public Television. The article aims to provide a theoretical framework of public television networks in western countries pointing (...)
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  37. Michael S. Pardo, Neuroscience Evidence, Legal Culture, and Criminal Procedure.
    Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...)
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  38. Gilbert E. Plumer (2000). A Review of the LSAT Using Literature on Legal Reasoning. Law School Admission Council Computerized Testing Report 97 (8):1-19.
    Research using current literature on legal reasoning was conducted with the goals of (a) determining what skills are most important in good legal reasoning according to such literature, (b) determining the extent to which existing Law School Admission Test item types and subtypes are designed to assess those skills, and (c) suggesting test specifications or new or refined item types and formats that could be developed in the future to assess any important skills that appear [by (a) and (b)] to (...)
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  39. Sandra Raponi (2001). Grounding a Cause of Action for Torture in Transnational Law. In Craig Scott (ed.), Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation. Hart Publishing. 373-400.
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  40. James Ressel, Teaching Law Etymologically.
    The paper argues that an etymological approach to teaching law can makes learning law 'fun' because this approach illuminates our approaches to understanding of law and opens up infinite ways to interrogate law. This generates novel questions and fresh positions, in contradistinction to a pedagogy, sacrificially, offering ‘answers’ which are then handed down to students as ‘things’ for them to memorise and repeat in their essays and examinations.
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  41. G. T. Roche (2013). “The Ethics of Genetic Testing”. In Roy Beran (ed.), Legal and Forensic Medicine. 1519- 1533..
    A number of ethicists have argued that testing for the avoidance of serious genetic and congenital disorders in future people is morally objectionable. They have argued that (a) prenatal testing is tantamount to eugenics and is hence immoral; (b) testing is motivated by frivolous reasons, hence is discrim- inatory; (c) prenatal screening expresses negative attitudes toward disability; and (d) society needs the diversity provided by disabled people. This article suggests that this cluster of arguments does not provide persuasive reasons for (...)
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  42. Gerry Roche (2012). A Philosophical Investigation Into Coercive Psychiatric Practices Vols 1. Dissertation, University of Limerick
    This dissertation seeks to examine the validity of the justification commonly offered for a coercive(1) psychiatric intervention, namely that the intervention was in the ‘best interests’ of the subject and/or that the subject posed a danger to others. As a first step,it was decided to analyse justifications based on ‘best interests’ [the ‘Stage 1’ argument] separately from those based on dangerousness [the ‘Stage 2’ argument]. Justifications based on both were the focus of the ‘Stage 3’ argument. Legal and philosophical analyses (...)
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  43. Gloria Amparo Rodriguez (2014). De la consulta previa al consentimiento libre, previo e informado a pueblos indígenas en Colombia. Universidad del Rosario.
    Los intereses contrapuestos en relación con el manejo, uso, utilización y aprovechamiento de los recursos naturales de los territorios indígenas, generan conflictos ambientales en donde uno de los escenarios privilegiados de expresión de los mismos es el de la consulta previa: cuando se adelanta o por el contrario, cuando aunque sea obligatoria, no se impulsa o se hace de manera inadecuada, es decir, sin el cumplimiento de los requisitos mínimos establecidos.
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  44. Gloria Amparo Rodriguez (2009). Principales escenarios internacionales de protección ambiental y del conocimiento tradicional para los pueblos indígenas. Universidad del Rosario.
    El derecho internacional surgió para regular las relaciones entre Estados, dejando por fuera a otro tipo de organizaciones, comunidades y personas. Con el paso del tiempo, se fue ampliando la posibilidad de hacer parte en esos escenarios restringidos cuando surgieron las organizaciones internacionales que son creadas por los Estaos, que tienen la capacidad de participar en las relaciones internacionales de manera limitada. Posteriormente el derecho internacional ha dejado participar con ciertas restricciones, a las Organizaciones no Gubernamentales - ONG y a (...)
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  45. Gloria Amparo Rodriguez, Giovanni Herrera & Beatriz Londoño (2006). Perspectivas del derecho ambiental en Colombia. Universidad del Rosario.
    Este proyecto responde a un momento histórico de gran importancia, que por supuesto no pudo ser más oportuno. Colombia celebra en el año 2006 los quince años de la promulgación de su Constitución Política, y los cambios de trascendentales surgidos a partir de su aplicación has sido prolíficos, Particularmente, el tema ambiental ha sobresalido dentro de las grandes transformaciones del país, y por ello no en vano hoy se afirma que tenemos una verdades Constitución ecológica. De igual forma, la Facultad (...)
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  46. Re'em Segev (2013). Making Sense of Discrimination. Ratio Juris (1):47-78.
    Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit that (...)
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  47. Re'em Segev (2013). The Argument for (Living) Originalism: Comments on Jack Balkin's Theory of Constitutional Interpretation. Jerusalem Review of Legal Studies.
    In this comment I consider Jack Balkin’s general argument for his method of constitutional interpretation – the question of why interpret (the United States Constitution) in this way (as presented in his book Living Originalism). I contrast this question with the way in which the conclusion of this argument should be implemented with regard to specific clauses – the question of how to interpret (the United States Constitution). While the former question is concerned with the general form of the argument, (...)
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  48. David Shaw (2012). Weeping and Wailing and Gnashing of Teeth: The Legal Fiction of Water Fluoridation. Medical Law International 12 (1):11-27.
    This paper examines the legal justification for water fluoridation (WF) in the United Kingdom. While current legislation clearly permits WF, there is a degree of obfuscation concerning whether the practice amounts to medication, and were it to be acknowledged that fluoridated water constitutes a medicine, the legality of the practice would not be so obvious. It is concluded that an accurate and honest interpretation of the law would result in the conclusion that fluoridation does constitute medication, as it seeks to (...)
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  49. Katrina Sifferd & William Hirstein (2012). On the Criminal Culpability of Successful and Unsucessful Psychopaths. Neuroethics 6 (1):129-140.
    The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...)
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  50. David Spinoza Tanenhaus (ed.) (2008). ENCYCLOPEDIA OF THE UNITED STATES SUPREME COURT.
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