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  1. Kenneth M. Ehrenberg (2003). Procedural Justice and Information in Conflict-Resolving Institutions. Albany Law Review 67:167-209.
    “A logical analysis of the idea of justice would seem to be a very hazardous business. Indeed, among all evocative ideas, that of justice appears to be one of the most eminent and the most hopelessly confused.” –Chaïm Perelman1 I. INTRODUCTION One difficult question that political and moral thinkers have grappled with is how to limit justice.2 We have a tendency to see justice as potentially applicable to almost any circumstance in which values are somehow involved with interpersonal behavior.3 Yet (...)
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  2. David Enoch, Levi Spectre & Talia Fisher (2012). Statistical Evidence, Sensitivity, and the Legal Value of Knowledge. Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...)
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  3. Donald C. Hubin (2003). Daddy Dilemmas: Untangling the Puzzles of Paternity. Cornell Journal of Law and Public Policy 13 (29):29-80.
    Though most children can easily answer the question, "Who's your daddy?", the concept of paternity is complex and multifaceted. Courts have stumbled in answering it. In order to ground paternal rights and obligations in a satisfactory way, we need to disaggregate the various elements of stereotypical paternity. It is not sufficient merely to separate social from biological paternity. The latter concept, itself, is complex. We need to separate the procreative element of paternity from the genetic relationship.
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  4. Donald C. Hubin (1999). Parental Rights and Due Process. The Journal of Law and Family Studies 1 (2):123-150.
    The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...)
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  5. Gordon Hull, Geographic Source Indicators in and as Branding Culture.
    Geographic Indications (GIs) are a form of trademark protection afforded to products that are historically the product of a particular place and production process by restricting use of the name to products that actually come from the place in question; “Champagne” can only come from that region of France, for example. GIs are often proposed as a way to protect indigenous cultural products from Western appropriation: a global GI regime would ensure that “Mysore” silk sarees were produced in India, and (...)
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  6. Adam Kolber (2008). Freedom of Memory Today. Neuroethics 1 (2):145-148.
    Emerging technologies raise the possibility that we may be able to treat trauma victims by pharmaceutically dampening factual or emotional aspects of their memories. Such technologies raise a panoply of legal and ethical issues. While many of these issues remain off in the distance, some have already arisen. In this brief commentary, I discuss a real-life case of memory erasure. The case reveals why the contours of our freedom of memory—our limited bundle of rights to control our memories and be (...)
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  7. Elisabeth A. Lloyd (2001). Science Gone Astray: Evolution and Rape. [REVIEW] Michigan Law Review 99 (6):1536-1559.
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  8. Ngaire Naffine (2009). The Subjective Brain, Identity, and Neuroethics: A Legal Perspective. American Journal of Bioethics 9 (9):30-32.
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  9. David T. Risser (2001). Freedom of Information. In Derek Jones (ed.), Censorship: A World Encyclopedia (vol. 2). Fitzroy Dearborn:881-883.
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  10. Lawrence B. Solum (2004). Procedural Justice. Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...)
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  11. Mark Tunick (2013). Privacy and Punishment. Social Theory and Practice 39 (4):643-668.
    Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...)
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  12. A. M. Viens (2007). The Use of Functional Neuroimaging Technology in the Assessment of Loss and Damages in Tort Law. American Journal of Bioethics 7 (9):63-65.