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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. 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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  4. 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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  5. 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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  6. 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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  7. J. Habermas (2002). Public & Private. Legal, Political and Philosophical Perspectives. Contemporary Political Theory 1 (1):125-127.
  8. 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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  9. Walter Horn (1992). A Guide to Allocating Resources Between Mediation and Adjudication. Justice System Journal 15 (3):824-841.
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  10. Justice M. D. Kirby (1986). Medical Technology and New Frontiers of Family Law. Journal of Law, Medicine and Ethics 14 (3-4):113-119.
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  11. 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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  12. 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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  13. 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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  14. 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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  15. 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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  16. 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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  17. 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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  18. Lucinda Vandervort (2013). Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law? New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  19. Lucinda Vandervort (2012). Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory. Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
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  20. Lucinda Vandervort (2012). Access to Justice and the Public Interest in the Administration of Justice. University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  21. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, Chapter 6, pp. 113-153. University of Ottawa Press.
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
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  22. Lucinda Vandervort (2006). Reproductive Choice: Screening Policy and Access to the Means of Reproduction. Human Rights Quarterly 28 (2):438-464.
    The practice of screening potential users of reproductive services is of profound social and political significance. Access screening is inconsistent with the principles of equality and self-determination, and violates individual and group human rights. Communities that strive to function in accord with those principles should not permit access screening, even screening that purports to be a benign exercise of professional discretion. Because reproductive choice is controversial, regulation by law may be required in most jurisdictions to provide effective protection for reproductive (...)
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  23. Lucinda Vandervort (1990). Consent and the Criminal Law. Osgoode Hall Law Journal 28 (2):485-500.
    The author examines two proposals to expand legal recognition of individual control over physical integrity. Protections for individual autonomy are discussed in relation to the right to die, euthanasia, medical treatment, and consensual and assaultive sexual behaviours. The author argues that at present, the legal doctrine of consent protects only those individual preferences which are seen to be congruent with dominant societal values; social preferences and convenience override all other individual choices. Under these conditions, more freedom to waive rights of (...)
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  24. Lucinda Vandervort (1985). Enforcing the Sexual Laws: An Agenda for Action. Resources for Feminist Research 3 (4):44-45.
    Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...)
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  25. Lucinda Vandervort (1979). Political Control of Independent Administrative Agencies. Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and extensive (...)
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  26. Benjamin S. Yost (2008). Rule of Law Abolitionism. Studies in Law, Politics, and Society.