Search results for 'right to jury trial' (try it on Scholar)

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  1. Thom Brooks (2004). The Right to Trial by Jury. Journal of Applied Philosophy 21 (2):197–212.score: 1200.0
    This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries are (...)
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  2. Robert A. Sedler, The Michigan Supreme Court Diminishes the Right to Trial by Jury in Civil Cases.score: 792.0
    In this paper, I have analyzed the right to trial by jury in civil cases as reflected in decisions of the Michigan Supreme Court over approximately a 20 year period dealing with three areas affecting the right to trial by jury in civil cases: (1) entitlement to a jury trial; (2) summary disposition; and (3) directed verdicts. The study was constructed to cover cases over a substantial period of time, so that it (...)
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  3. Peter Bachrach (1958). The Senate Debate on the Right to Jury Trial Versus the Right to Vote Controversy: A Case Study in Liberal Thought. Ethics 68 (3):210-216.score: 612.0
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  4. John F. Quinn (1993). The Right to Trial by Jury. Social Philosophy Today 8:91-101.score: 594.0
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  5. Thom Brooks (2004). A Defence of Jury Nullification. Res Publica 10 (4):401-423.score: 574.0
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. (...)
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  6. Richard L. Lippke (2008). To Waive or Not to Waive: The Right to Trial and Plea Bargaining. [REVIEW] Criminal Law and Philosophy 2 (2):181-199.score: 513.0
    Criminal defendants in many countries are faced with a dilemma: If they waive their right to trial and plead guilty, they typically receive charge or sentence reductions in exchange for having done so. If they exercise their right to trial and are found guilty, they often receive stiffer sanctions than if they had pled guilty. I characterize the former as ‘waiver rewards’ and the latter as ‘non-waiver penalties.’ After clarifying the two and considering the relation between (...)
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  7. Lijana Štarienė (2009). The Limits of the Use of Undercover Agents and the Right to a Fair Trial Under Article 6(1) of the European Convention on Human Rights. [REVIEW] Jurisprudence 117 (3):263-284.score: 513.0
    Various special investigative methods are more often applied nowadays; their use is unavoidably induced by today’s reality in combating organised crime in the spheres such as corruption, prostitution, drug trafficking, trafficking in persons, money counterfeit and etc. Therefore, special secret investigative methods are more often used and they are very effective in gathering evidence for the purpose of detecting and investigating very well-organised or latent crimes. Both the Convention on the Protection on Human Rights and Fundamental Freedoms itself, i.e. its (...)
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  8. Mirko Bagaric (2010). The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even 'Down Under'. Criminal Law and Philosophy 4 (3):321-339.score: 498.0
    Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system (...)
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  9. Regina Valutytė (2012). State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights. Jurisprudence 19 (1):7-20.score: 310.5
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on well-established (...)
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  10. Regina Valutytė (2012). Legal Consequences for the Infringement of the Obligation to Make a Reference for a Preliminary Ruling Under Constitutional Law. Jurisprudence 19 (3):1171-1186.score: 283.5
    The article deals with the question whether a state might be held liable for the infringement of constitutional law if its national court of last instance violates the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on the well-established practice of the European Court (...)
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  11. Robert P. Burns (2011). Why America Still Needs the Jury Trial: A Friendly Response to Professor Dzur. [REVIEW] Criminal Law and Philosophy 5 (1):93-95.score: 256.5
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  12. Monique A. Spillman & Robert M. Sade (2007). Clinical Trials of Xenotransplantation: Waiver of the Right to Withdraw From a Clinical Trial Should Be Required. Journal of Law, Medicine and Ethics 35 (2):265-272.score: 256.5
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  13. Mark R. Wicclair (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial. Business and Professional Ethics Journal 4 (2):1-14.score: 256.5
  14. Mark R. Wicclair & Richard P. Cunningham (1985). A Shield Privilege for Reporters V. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? [With Commentary]. Business and Professional Ethics Journal 4 (2):1 - 17.score: 256.5
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  15. Deborah Kellie & Helen O'Sullivan (2003). Ethical or Amoral? Is an Unqualified Right to Silence at Trial Defensible From an Ethical Perspective. Legal Ethics 6 (1):73-84.score: 256.5
  16. Mark Wicclair (1986). A Shield Right for Reporters Vs. The Administration of Justice and the Right to a Fair Trial: Is There a Conflict? Business and Professional Ethics Journal 4 (2).score: 256.5
     
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  17. N. Bidad, L. MacDonald, Z. E. Winters, S. J. L. Edwards & R. Horne (2014). Views on the Right to Withdraw From Randomised Controlled Trials Assessing Quality of Life After Mastectomy and Breast Reconstruction (QUEST): Findings From the QUEST Perspectives Study (QPS). Research Ethics 10 (1):47-57.score: 252.0
    The purpose of this study is to examine the importance that real patients attach to their right to withdraw from an on-going feasibility randomised trial (RCT) evaluating types and timings of breast reconstruction (two parallel trials) following mastectomy for breast cancer. Our results show that, while some respondents appreciated that exercising the right to withdraw would defeat the scientific objective of the trial, some patients with a surgical preference consented only given the knowledge they could withdraw (...)
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  18. Hamish Stewart (2014). The Right to Be Presumed Innocent. Criminal Law and Philosophy 8 (2):407-420.score: 213.0
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal (...)
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  19. Ignacio Mastroleo (2014). Consideraciones sobre las obligaciones posinvestigación en la Declaración de Helsinki 2013. Revista de Bioética y Derecho 31:51-65.score: 207.0
    [RESUMEN] El problema de la transición de los participantes desde una investigación hacia la atención de la salud apropiada es un problema global. La publicación de una nueva versión de la Declaración de Helsinki es una excelente oportunidad para repensar este problema. Según mi interpretación, la Declaración de Helsinki 2013 introduce dos tipos diferentes de obligaciones posinvestigación, a saber, (1) obligaciones de acceso a atención de la salud y (2) obligaciones de acceso a información. Los beneficiarios pretendidos de estas obligaciones (...)
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  20. Steven R. Smith (2012). Neuroscience, Ethics and Legal Responsibility: The Problem of the Insanity Defense. Science and Engineering Ethics 18 (3):475-481.score: 207.0
    The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. “Not guilty by reason of insanity” generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in (...)
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  21. Joseph Grčić (2011). Free and Equal: Rawls' Theory of Justice and Political Reform. Algora Pub..score: 198.0
    Introduction. The trial; the right to a lawyer; double jeopardy; the electoral college; the senate; presidential pardon; judicial review; lifetime appointment; campaign finance reform; the right to political leave; the democratized corporation -- The right to a lawyer -- Abolish double jeopardy -- Empower the jury -- The electoral college -- Abolish presidential pardon -- Abolish the Senate -- Limit the power of the Supreme Court -- Abolish lifetime tenure of Supreme Court justices -- Reduce (...)
     
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  22. Mark Tunick (1992). Hegel's Political Philosophy. Princeton University Press.score: 198.0
    Hegel claims that punishment is the criminal's right and makes the criminal free. In critically examining Hegel's justification of legal punishment, the author takes us to the core of Hegel's political philosophy, offering an account of what Hegel means by right and freedom. Drawing on recently published but still untranslated lecture notes of Hegel's philosophy of right, which illuminate Hegel's notoriously difficult texts, the author rejects the commonly taken position that Hegel uncritically accepts existing practices. Acknowledging that (...)
     
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  23. M. Chahal (2010). Off-Trial Access to Experimental Cancer Agents for the Terminally Ill: Balancing the Needs of Individuals and Society. Journal of Medical Ethics 36 (6):367-370.score: 193.5
    The development of cancer therapies is a long and arduous process. Because it can take several years for a cancer agent to pass clinical testing and be approved for use, terminal cancer patients rarely have the time to see these experimental therapies become widely available. For most terminal cancer patients the only opportunity they have to access an experimental drug that could potentially improve their prognosis is by joining a clinical trial. Unfortunately, several aspects of clinical trial methodology (...)
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  24. Mark Sheehan & Steve Clarke (2009). The Duty to Disclose Adverse Clinical Trial Results. American Journal of Bioethics 9 (8):24 - 32.score: 189.0
    Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded (...)
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  25. S. Matthew Liao, Mark Sheehan & Steve Clarke (2009). The Duty to Disclose Adverse Clinical Trial Results. American Journal of Bioethics 9 (8):24-32.score: 189.0
    Participants in some clinical trials are at risk of being harmed and sometimes are seriously harmed as a result of not being provided with available, relevant risk information. We argue that this situation is unacceptable and that there is a moral duty to disclose all adverse clinical trial results to participants in clinical trials. This duty is grounded in the human right not to be placed at risk of harm without informed consent. We consider objections to disclosure grounded (...)
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  26. Andreas Frewer (2010). Human Rights From the Nuremberg Doctors Trial to the Geneva Declaration. Persons and Institutions in Medical Ethics and History. Medicine, Health Care and Philosophy 13 (3):259-268.score: 178.0
    The “Universal Declaration of Human Rights” and the “Geneva Declaration” by the World Medical Association, both in 1948, were preceded by the foundation of the United Nations in New York (1945), the World Medical Association in London (1946) and the World Health Organization in Geneva (1948). After the end of World War II the community of nations strove to achieve and sustain their primary goals of peace and security, as well as their basic premise, namely the health of human beings. (...)
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  27. Noam Chomsky, His Right to Say It.score: 172.5
    In the fall of 1979, I was asked by Serge Thion, a libertarian socialist scholar with a record of opposition to all forms of totalitarianism, to sign a petition calling on authorities to insure Robert Faurisson's "safety and the free exercise of his legal rights." The petition said nothing about his "holocaust studies" (he denies the existence of gas chambers or of a systematic plan to massacre the Jews and questions the authenticity of the Anne Frank diary, among other (...)
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  28. Jeffrey Glick (2010). Justification and the Right to Believe. Philosophical Quarterly 60 (240):532-544.score: 162.0
    Some philosophers have attempted to utilize the conceptual tools of ethics in order to understand epistemology. One instantiation of this understands justification in terms of having a certain kind of epistemic right, namely, a right to believe. In variations of this theme, some hold that justification involves having the authority to believe, or being entitled to believe. But by examining the putative analogies between different versions of rights and justification, I demonstrate that justification should not be understood as (...)
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  29. Ori J. Herstein (2012). Defending the Right To Do Wrong. Law and Philosophy 31 (3):343-365.score: 162.0
    Are there moral rights to do moral wrong? A right to do wrong is a right that others not interfere with the right-holder’s wrongdoing. It is a right against enforcement of duty, that is a right that others not interfere with one’s violation of one’s own obligations. The strongest reason for moral rights to do moral wrong is grounded in the value of personal autonomy. Having a measure of protected choice (that is a right) (...)
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  30. Kieran Oberman (2011). Immigration, Global Poverty and the Right to Stay. Political Studies 59 (2):253-268.score: 162.0
    This article questions the use of immigration as a tool to counter global poverty. It argues that poor people have a human right to stay in their home state, which entitles them to receive development assistance without the necessity of migrating abroad. The article thus rejects a popular view in the philosophical literature on immigration which holds that rich states are free to choose between assisting poor people in their home states and admitting them as immigrants when fulfilling duties (...)
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  31. Mark B. Brown & David H. Guston (2009). Science, Democracy, and the Right to Research. Science and Engineering Ethics 15 (3):351-366.score: 162.0
    Debates over the politicization of science have led some to claim that scientists have or should have a “right to research.” This article examines the political meaning and implications of the right to research with respect to different historical conceptions of rights. The more common “liberal” view sees rights as protections against social and political interference. The “republican” view, in contrast, conceives rights as claims to civic membership. Building on the republican view of rights, this article conceives the (...)
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  32. Sune Lægaard (2010). What is the Right to Exclude Immigrants? Res Publica 16 (3):245-262.score: 162.0
    It is normally taken for granted that states have a right to control immigration into their territory. When immigration is raised as a normative issue two questions become salient, one about what the right to exclude is, and one about whether and how it might be justified. This paper considers the first question. The paper starts by noting that standard debates about immigration have not addressed what the right to exclude is. Standard debates about immigration furthermore tend (...)
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  33. Danny Frederick (2011). Confusion About the Right to Life. The Reasoner 5 (1):4-5.score: 162.0
    I defend the consistency of affirming the right to life while rejecting universal healthcare and liveable income programmes. I also defend the rationality of accepting inconsistency.
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  34. Jason T. Eberl, Eleanor K. Kinney & Matthew J. Williams (2011). Foundation for a Natural Right to Health Care. Journal of Medicine and Philosophy 36 (6):537-557.score: 162.0
    Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed (...)
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  35. Stephen Coleman (2006). E-Mail, Terrorism, and the Right to Privacy. Ethics and Information Technology 8 (1):17-27.score: 162.0
    This paper discusses privacy and the monitoring of e-mail in the context of the international nature of the modern world. Its three main aims are: (1) to highlight the problems involved in discussing an essentially philosophical question within a legal framework, and thus to show that providing purely legal answers to an ethical question is an inadequate approach to the problem of privacy on the Internet; (2) to discuss and define what privacy in the medium of the Internet actually is; (...)
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  36. Efrat Ram-Tiktin (2012). The Right to Health Care as a Right to Basic Human Functional Capabilities. Ethical Theory and Moral Practice 15 (3):337 - 351.score: 162.0
    A just social arrangement must guarantee a right to health care for all. This right should be understood as a positive right to basic human functional capabilities. The present article aims to delineate the right to health care as part of an account of distributive justice in health care in terms of the sufficiency of basic human functional capabilities. According to the proposed account, every individual currently living beneath the sufficiency threshold or in jeopardy of falling (...)
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  37. Jukka Varelius (2013). Voluntary Euthanasia, Physician-Assisted Suicide, and the Right to Do Wrong. HEC Forum 25 (3):1-15.score: 162.0
    It has been argued that voluntary euthanasia (VE) and physician-assisted suicide (PAS) are morally wrong. Yet, a gravely suffering patient might insist that he has a moral right to the procedures even if they were morally wrong. There are also philosophers who maintain that an agent can have a moral right to do something that is morally wrong. In this article, I assess the view that a suffering patient can have a moral right to VE and PAS (...)
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  38. Jan Deckers (2010). The Right to Life and Abortion Legislation in England and Wales: A Proposal for Change. Diametros 26:1-22.score: 162.0
    In England and Wales, there is significant controversy on the law related to abortion. Recent discussions have focussed predominantly on the health professional's right to conscientious objection. This article argues for a comprehensive overhaul of the law from the perspective of an author who adopts the view that all unborn human beings should be granted the prima facie right to life. It is argued that, should the law be modified in accordance with this stance, it need not imply (...)
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  39. Fabienne Peter (2013). The Human Right to Political Participation. Journal of Ethics and Social Philosophy 7 (2):1-16.score: 162.0
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, (...)
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  40. Carol J. Gill (2004). Depression in the Context of Disability and the “Right to Die”. Theoretical Medicine and Bioethics 25 (3):171-198.score: 162.0
    Arguments in favor of legalized assisted suicide often center on issues of personal privacy and freedom of choice over one's body. Many disability advocates assert, however, that autonomy arguments neglect the complex sociopolitical determinants of despair for people with disabilities. Specifically, they argue that social approval of suicide for individuals with irreversible conditions is discriminatory and that relaxing restrictions on assisted suicide would jeopardize, not advance, the freedom of persons with disabilities to direct the lives they choose. This paper examines (...)
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  41. Muireann Quigley (2010). A Right to Reproduce? Bioethics 24 (8):403-411.score: 162.0
    How should we conceive of a right to reproduce? And, morally speaking, what might be said to justify such a right? These are just two questions of interest that are raised by the technologies of assisted reproduction. This paper analyses the possible legitimate grounds for a right to reproduce within the two main theories of rights; interest theory and choice theory.
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  42. Yvonne Donders (2011). The Right to Enjoy the Benefits of Scientific Progress: In Search of State Obligations in Relation to Health. Medicine, Health Care and Philosophy 14 (4):371-381.score: 162.0
    After having received little attention over the past decades, one of the least known human rights—the right to enjoy the benefits of scientific progress and its applications—has had its dust blown off. Although included in the Universal Declaration of Human Rights (UDHR) and in the International Covenant on Economic, Social and Cultural Rights (ICESCR)—be it at the very end of both instruments -this right hardly received any attention from States, UN bodies and programmes and academics. The role of (...)
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  43. Ashley M. Fox & Benjamin Mason Meier (2009). Health as Freedom: Addressing Social Determinants of Global Health Inequities Through the Human Right to Development. Bioethics 23 (2):112-122.score: 162.0
    In spite of vast global improvements in living standards, health, and well-being, the persistence of absolute poverty and its attendant maladies remains an unsettling fact of life for billions around the world and constitutes the primary cause for the failure of developing states to improve the health of their peoples. While economic development in developing countries is necessary to provide for underlying determinants of health – most prominently, poverty reduction and the building of comprehensive primary health systems – inequalities in (...)
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  44. J. O. Famakinwa (2011). Interpreting the Right to Life. Diametros 29 (29):22-30.score: 162.0
    What does the right to life mean? The article considers three interpretations: (i) the right to life as the right to life-sustaining essentials, (ii) the right to life as the right not to be killed,s and (iii) the right to life as the right not to be killed unjustly. The article argues that (i) and (iii) accurately define the human right to life. The primary method is philosophical analysis. The article concludes that (...)
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  45. Birutė Pranevičienė (2011). Limiting of the Right to Privacy in the Context of Protection of National Security. Jurisprudence 18 (4):1609-1622.score: 162.0
    For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the state is considered the main object of security; (...)
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  46. Shima Baradaran (2014). The Presumption of Punishment. Criminal Law and Philosophy 8 (2):391-406.score: 162.0
    The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation (...)
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  47. Helen Lam & Mark Harcourt (2007). A New Approach to Resolving the Right-to-Work Ethical Dilemma. Journal of Business Ethics 73 (3):231 - 243.score: 162.0
    Union security has long been an industrial relations controversy. While compulsory unionism supporters say it benefits the working class, right-to-work advocates denounce it as an unethical infringement of individual rights and freedom. Unfortunately, neither side has adequately addressed the shortcomings of their viewpoint, nor the broader worker concerns about effective representation beyond just “unionism”. In this paper, we examine the ethical and practical problems of compulsory (union security) and voluntary (right-to-work) unionism and propose a new resolution, compulsory proportional (...)
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  48. Paulius Čelkis & Eglė Venckienė (2011). Concept of the Right to Health Care. Jurisprudence 18 (1):269-286.score: 162.0
    On the grounds of the fundamental value of the human rights, which is the human dignity, this article describes a basis of the right to health care in terms of quality, discloses its concept, reviews the spheres of health system in which this right is exercised: health care and public health. The right to health care is stressed as one of the fundamental rights, without which the person will not able to enjoy other rights: economic, political and (...)
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  49. Jonas Juškevičius & Janina Balsienė (2010). On Human Rights in Healthcare: Some Remarks on Limits of the Right to Healthcare. Jurisprudence 122 (4):95-110.score: 162.0
    Notwithstanding the expectations related to the ‘invasion’ of human rights into the field of healthcare, the complexity of this field raises some problematic questions about the applicability of such a legal instrument. The present paper analyses the possible limits to the content of the core right to healthcare. These limits are discussed through the examination of two normative pillars of health law: the right to individual self-determination (or the principle of individual autonomy) and the right to healthcare (...)
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  50. Graham Riches (1999). Advancing the Human Right to Food in Canada: Social Policy and the Politics of Hunger, Welfare, and Food Security. [REVIEW] Agriculture and Human Values 16 (2):203-211.score: 162.0
    This article argues that hunger in Canada, while being an outcome of unemployment, low incomes, and inadequate welfare, springs also from the failure to recognize and implement the human right to food. Food security has, however, largely been ignored by progressive social policy analysis. Barriers standing in the way of achieving food security include the increasing commodification of welfare and the corporatization of food, the depoliticization of hunger by governments and the voluntary sector, and, most particularly, the neglect by (...)
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