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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. William J. Chambliss (1975). Toward a Political Economy of Crime. Theory and Society 2 (1):149-170.
    In attempting to develop a Marxist theory of crime and criminal law we are handicapped by the fact that Karl Marx did not devote himself very systematically to such a task. There are nonetheless, several places in his analysis of capitalism where Marx did direct his attention to criminality and law. Furthermore, the logic of the Marxian theory makes it possible to extrapolate from the theory to an analysis of crime and criminal law in ways that are extremely useful. Thus, (...)
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  5. Francesco Ciusa & Iván Vargas-Chaves (2013). Consideraciones críticas en la doctrina legal italiana sobre los Digital Rights Management. Principia Iuris 19:325-340.
    El uso de los DRM plantea una serie de problemas debido a posibles conflictos con otras áreas de la gestión de los bienes inmateriales, tales como el derecho de autor en primer lugar, así como el derecho de competencia, los datos personales y el régimen del consumo. El derecho comunitario europeo por su parte no ha sido ajeno a toda esta problemática, y según se analiza, con el paso de los años ha adoptado una postura que denota cada vez una (...)
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  6. 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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  7. 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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  8. 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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  9. 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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  10. Jude P. Dougherty (1983). Social Order and the Limits of Law. Review of Metaphysics 37 (1):126-127.
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  11. 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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  12. 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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  13. 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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  14. Georgi Gardiner (2016). In Defence of Reasonable Doubt. Journal of Applied Philosophy 33 (4).
    In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...)
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  15. David Gindis (forthcoming). Legal Personhood and the Firm: Avoiding Anthropomorphism and Equivocation. Journal of Institutional Economics.
    From the legal point of view, "person" is not co-extensive with "human being." Nor is it synonymous with "rational being" or "responsible subject." Much of the confusion surrounding the issue of the firm’s legal personality is due to the tendency to address the matter with only these, all too often conflated, definitions of personhood in mind. On the contrary, when the term "person" is defined in line with its original meaning as "mask" worn in the legal drama, it is easy (...)
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  16. 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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  17. Olgierd Andrzej Górecki (2013). Obrona państwa ograniczonego. Polityczno-prawna doktryna Herberta Spencera. Wydawnictwo Uniwersytetu Łódzkiego.
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  18. 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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  19. F. E. Guerra-Pujol, Immoral Promises.
    The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in Western (...)
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  20. 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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  21. J. Habermas (2002). Public & Private. Legal, Political and Philosophical Perspectives. Contemporary Political Theory 1 (1):125-127.
  22. 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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  23. Walter Horn (1992). A Guide to Allocating Resources Between Mediation and Adjudication. Justice System Journal 15 (3):824-841.
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  24. Andrew Ingram (2014). Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing. Berkeley Journal of Criminal Law 19 (2):112-152.
    Today, there is a family of celebrated police strategies that teach the importance of cracking down on petty crime and urban nuisance as the key to effective crime control. Under the “broken windows” appellation, this strategy is linked in the public mind with New York City and the alleged successes of its police department in reducing the rate of crime over the past two decades. This paper is critical of such order maintenance approaches to policing: I argue that infringements of (...)
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  25. Kirk W. Junker (2016). Legal Culture In The United States - An Introduction. Routledge.
    This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are (...)
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  26. Kirk W. Junker (2014). A Strong Role for Custom in International Wildlife Litigation. Journal of International Wildlife Law and Policy 17:32-61.
    Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...)
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  27. Kirk W. Junker (2014). Why Can't A Duck Sign A Contract? The Failure Of Intellectual Property To Protect The Environment. Issues in Human Relations and Environmental Philosophy:94-106.
    “Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...)
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  28. Kirk W. Junker (2014). The Limits of Law and the Role of Ἀρετή (Virtue) in the Climate Crisis. Issues in Human Relations and Environmental Philosophy:107-120.
    On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...)
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  29. Kirk W. Junker (2012). Fiddling With Trade as Home Burns. Kölner Schrift Zum Wirtschaftsrecht (2):236-244.
    Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...)
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  30. Kirk W. Junker (2011). "What We Could Do Is..." - The Relation of Education to Legal Obligations to Protect Public Health and the Environment. Umwelt Und Gesundheit Online (4):18-29.
    This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...)
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  31. Kirk W. Junker (2010). Can the Law Facilitate a Finance Shift From Mitigation to Adaption? Kölner Schrift Zum Wirtschaftsrecht 2:141-144.
    There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...)
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  32. Kirk W. Junker (2009). Natural Law and the Globalisation of the Cheap Energy Mind. HMRG-Beiheft:99-105.
    On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...)
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  33. Kirk W. Junker (2008). What Is Reading In The Practice Of Law? Journal of Law in Society:1-51.
    Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...)
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  34. Kirk W. Junker (2008). The Working Lawyer as Subject and the Juridical Event. Cardozo Law Review 29 (No 5):2133-2152.
    When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...)
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  35. Kirk W. Junker (2006). Constitution. Futures 38:224-233.
    In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...)
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  36. Kirk W. Junker (2006). Ethical Emissions Trading and the Law. University of Baltimore Journal of Environmental Law 13 (149).
    The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...)
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  37. Kirk W. Junker (2004). Making Rights From What's Left of Darwinism. Futures (36):1111-1117.
    The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker takes (...)
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  38. Kirk W. Junker (2004). Reading Attitude in the Constitutional Wish. Southern California Interdisciplinary Law Journal 14 (1):1-29.
    In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...)
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  39. Kirk W. Junker (2004). Conventional Wisdom, De-Emption, and Uncooperative Federalism in International Environmental Agreements. Loyola University Chicago International Law Review 2 (1):93-116.
    What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...)
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  40. Kirk W. Junker (2001). Is an Orderly Transfer of Responsibility Legal News for Ireland? Juris (Winter):24-31.
    "[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...)
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  41. Kirk W. Junker (1999). Reading Nature Through Culture in Plato and Aristotle's Works on Law. Phronimon - Journal of the South African Society of Greek Philosophy and the Humanities 7 (I):61-72.
    In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...)
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  42. Kirk W. Junker (1996). Tax Exemption for Pollution Control Devices in Pennsylvania. Duquesne Law Review 34 (Number 3):503-531.
    In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...)
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  43. Kirk W. Junker (1994). Understanding The Rhetorical Nature Of Science In The Implementation Of Agenda 21. The Environmental Professional 16:349-355.
    Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...)
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  44. 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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  45. Kiyoung Kim (2015). Fiscal Administration and Public Sector. Acdemia.Edu.
    A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...)
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  46. Kiyoung Kim (2014). Two Illustrations From South Korea and Some Reflections About the Public Administration Studies: Are We Granted to Pillory the Ethics or Social Justice. International Journal of Philosophy 2 (4):48.
    Amidst the ideology, efficiency and bitter contention of international economy, the importance of leadership or public administration had long been under-stressed as an avenue for any better solution. Nonetheless, within a changing mode of interaction in the global community, an increasing ethos for the kind of common basis of ethics or agreement, at least in the level of class administrators or noble citizenry including the academicians, business leaders, bureaucrats and so, could be congruent for the public good on the national (...)
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  47. 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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  48. Philosophy Kitchen (forthcoming). [CALL FOR PAPERS] Law & (Dis)Order. Rule, Exception, Foundation. Philosophy Kitchen 7.
    Law is ‘sovereign’, it has been said. Since the poet Pindar expressed this fulminating thought in the 6th century B.C., the whole western tradition, from Aristotle to Cicero, from Heidegger to Schmitt, hasn’t stopped raising questions about the ambivalent relationship connecting law, strength and violence...
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  49. 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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  50. 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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