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  1. Mitchell Aboulafia (1999). Law Professors Read Habermas. Denver University Law Review 76 (4):943-953.
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  2. Eugenio Bulygin, Jean-Louis Gardies, Ilkka Niiniluoto, International Association for Philosophy of Law and Social Philosophy & World Congress on Philosophy of Law and Social Philosophy (1985). Man, Law, and Modern Forms of Life.
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  3. Alfonso Donoso (2010). Critical Review: Douglas Husak, Overcriminalization. The Limits of the Criminal Law. [REVIEW] Criminal Law and Philosophy 4 (1):99-104.
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  4. Kenneth M. Ehrenberg (2015). Less Evidence, Better Knowledge. McGill Law Journal 60 (2):173-214.
    In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...)
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  5. 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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  6. 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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  7. 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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  8. 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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  9. 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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  10. 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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  11. Elisabeth A. Lloyd (2001). Science Gone Astray: Evolution and Rape. [REVIEW] Michigan Law Review 99 (6):1536-1559.
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  12. Ngaire Naffine (2009). The Subjective Brain, Identity, and Neuroethics: A Legal Perspective. American Journal of Bioethics 9 (9):30-32.
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  13. 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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  14. 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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  15. Peg Tittle (ed.) (2004). Should Parents Be Licensed? Debating the Issues. Prometheus.
    Would-be teachers are generally required to study fulltime for at least eight months before the state will allow them the responsibility of educating children for six hours a day. Many would say we have set the bar too low. And yet we haven’t even set the bar as high — in fact we haven’t set a bar at all — for parents. Should there be a national parenting policy, including mandatory parenthood training and screening of prospective parents? In this informative (...)
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  16. 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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  17. A. M. Viens (2011). Reciprocity and Neuroscience in Public Health Law. In Michael Freeman (ed.), Law and Neuroscience. Oxford University Press.
    There is an underdeveloped potential for using neuroscience as a particular input in the process of law-making. This paper examines one such instance in the area of public health law. Neuroscience could play an important role in elucidating and strengthening the relevance of the conditions underlying and re-enforcing our ability to cooperate in balancing the benefits and burdens necessary to achieve particular goods; for instance, the protection of public health in an outbreak of pandemic influenza. In particular, I shall focus (...)
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  18. A. M. Viens (2009). Morality Provisions in Law Concerning the Commercialization of Human Embryos and Stem Cells. In Aurora Plomer & Paul Torremans (eds.), Embryonic Stem Cell Patents: European Patent Law and Ethics. Oxford University Press.
    The aim of establishing a consistent and unified approach in law concerning the ethics of commercializing human embryos and their derivative parts, products, or related technologies remains incomplete within the European Union. In an attempt to elucidate these problems and implications, I examine three separate moral considerations (i.e., exploitation, commodification, and objectification) that could be used to ground the putative wrongness associated with commercializing stem cells—in particular patenting these materials. It is argued that the moral justification for legal prohibitions on (...)
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  19. 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.
  20. Bill Wringe (2015). Perp Walks as Punishment. Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  21. Radosław Zyzik, Wokół Intuicyjnych Decyzji Prawniczych [Few Remarks on Intuitive Legal Decisions].
    W artykule analizowane jest zagadnienie wiarygodności decyzji intuicyjnych w procesie stosowania prawa. Analizy prowadzone są z perspektywy psychologii poznawczej, ze szczególnym uwzględnieniem prac nad intuicją ekspercką. Celem prowadzonych analiz jest odpowiedź na pytanie, czy można mówić o wiarygodnych prawniczych decyzjach intuicyjnych. Zestawione zostają badania amerykańskich realistów prawniczych i psychologów poznawczych w celu ich konfrotancji i ustalenia warunków wpływających na proces podejmowania decyzji i wydawania ocen intuicyjnych. Artykuł kończy się przedstawieniem modelu podejmowania decyzji intuicyjnych w naukach psychologicznych i naukach prawnych. -/- (...)
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