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  1. El fracking y el principio de precaución.Luisa Fernanda Martínez Cabra - manuscript
    El presente artículo analiza la técnica del fracking como una solución a la problemática que en materia hidrocarburos se había dado en las últimas dos décadas, y los impactos negativos que conlleva para la salud y el ambiente. Se plantea como solución la aplicación del principio de precaución que le permite al Estado actuar ante una situación de riesgo e incertidumbre. La metodología escogida fue de corte analítico-deductivo a partir de la normatividad vigente y de los postulados teóricos de algunos (...)
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  2. Immoral Promises.F. E. Guerra-Pujol - manuscript
    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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  3. The Uncertain Relation Between Coherence and Renown: Ronald Dworkin Reconsidered.Andrew Stumpff Morrison - manuscript
    The article presents a critical reassessment of the legal philosophical writings of Ronald Dworkin. Relying in part upon the author’s previous argument that law is – contra the recent near-consensus – best understood as “the command of the sovereign, backed by force,” the author identifies fundamental difficulties, and ultimately incoherency, in Dworkin’s work.
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  4. Taking AI Risks Seriously: a Proposal for the AI Act.Claudio Novelli, Casolari Federico, Antonino Rotolo, Mariarosaria Taddeo & Luciano Floridi - manuscript
    The EU proposal for the Artificial Intelligence Act (AIA) defines four risk categories: unacceptable, high, limited, and minimal. However, as these categories statically depend on broad fields of application of AI, the risk magnitude may be wrongly estimated, and the AIA may not be enforced effectively. This problem is particularly challenging when it comes to regulating general-purpose AI (GPAI), which has versatile and often unpredictable applications. Recent amendments to the compromise text, though introducing context-specific assessments, remain insufficient. To address this, (...)
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  5. GLOBAL ETHICS FORUMS.Sally Ramage - manuscript
    A second look at a global ethics forum of several years ago can be a good start for examination of ethics of countries we deal with today. This global ethics forum had been financed by the United Kingdom’s DFID, The World Bank, USAID and AusAid to enable delegates from seventy countries to meet and discuss ethics policies.
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  6. Human Security Law in Iraq: Reforming Rules, Practices, and Urban Spaces.Hannibal Travis - manuscript
    This article addresses a few moments in the evolution of human security law in Iraq, focusing in particular on the Coalition Provisional Authority, the new Iraqi Constitution, Iraqi High Tribunal (successor to the Iraqi Special Tribunal), and the International Criminal Court. It synthesizes the results of some existing research on ongoing impunity for certain crimes against political candidates, journalists, anti-corruption activists, and ethnic and religious minorities, a situation which may have tainted Iraq’s transition to a more democratic republic, while aggravating (...)
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  7. The Browsing Subject: Phenomenology and the Internet on Pandemic Time.Hannibal Travis - manuscript
    Does browsing the world through a screen change a person, especially in the context of COVID-19? Recent studies indicate that self-care, psychological well-being, and empathy may suffer. The “Californian ideology” privileges expression of the self even as digital technology tends to interrupt the modern trend towards elaborating distinct selves via texts that convey knowledge. Meanwhile, digital browsing may be fracturing attention and empathy. -/- As these changes proceed, legislators react to a medical and social crisis. Relaxation of business, community center, (...)
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  8. Compensatory Preliminary Damages.Sayid Bnefsi - forthcoming - CUNY Law Review.
    The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. In part, this is because legal services and litigation are cost-prohibitive, especially for indigent plaintiffs. As a result, these individuals are priced out of litigation and, by extension, unable to use law to (...)
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  9. Make it new! The redeeming Modernism of law and the collapsing of its polarities.Angela Condello & Luke Mason - forthcoming - Pólemos.
    This article argues that law is an inherently modernist normative practice. Constructing a vision of Modernism which is at once an epistemology and an attitudinal disposition to doubt and make anew our assumptions about the world, the authors demonstrate that legal practice encounters the world through individual cases, ‘examples’. Through these examples the law is capable of both interacting with and comprehending that world, while also being forced to question the law’s own precepts and their application. In this manner, the (...)
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  10. The Limits of Liberal Inclusivity: How Defining Islamophobia Normalises Anti-Muslim Racism.Rebecca Ruth Gould - forthcoming - Journal of Law and Religion.
    Responding to recent calls made within UK Parliament for a government-backed definition of Islamophobia, this article considers the unanticipated consequences of such proposals. I argue that, considered in the context of related efforts to regulate hate speech, the formulation and implementation of a government-sponsored definition will generate unforeseen harms for the Muslim community. To the extent that such a definition will fail to address the government’s role in propagating Islamophobia through ill-considered legislation that conflates Islamist discourse with hate speech, the (...)
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  11. [CALL FOR PAPERS] Law & (dis)order. Rule, exception, foundation.Philosophy Kitchen - forthcoming - 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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  12. Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns outweigh (...)
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  13. The Cost of Training a Machine: Lighting the Way for a Climate-Aware Policy Framework that Addresses Artificial Intelligence's Carbon Footprint Problem.Patrick K. Lin - forthcoming - Fordham Environmental Law Review.
    While artificial intelligence (AI) has been a subject of great debate in spaces such as due process, discrimination, and privacy, an area that is lacking in legal scholarship is the technology’s environmental impact. AI promises to be a silver bullet in the increasingly urgent fight against climate change, yet it comes with a considerable cost to our planet. Current industry trends involve AI models being trained on increasingly larger datasets and training methodologies that prioritize brute-force over efficiency. Thus, as AI (...)
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  14. Accountability in Artificial Intelligence: What It Is and How It Works.Claudio Novelli, Mariarosaria Taddeo & Luciano Floridi - forthcoming - Ai and Society: Knowledge, Culture and Communication:1-12.
    Accountability is a cornerstone of the governance of artificial intelligence (AI). However, it is often defined too imprecisely because its multifaceted nature and the sociotechnical structure of AI systems imply a variety of values, practices, and measures to which accountability in AI can refer. We address this lack of clarity by defining accountability in terms of answerability, identifying three conditions of possibility (authority recognition, interrogation, and limitation of power), and an architecture of seven features (context, range, agent, forum, standards, process, (...)
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  15. MUSIC-RELATED CRIMINAL OFFENCES.Sally Ramage - forthcoming - Current Criminal Law 8 (4).
    This article explores the many offences (e.g. noise pollution, unlicensed performances, and Health and Safety offences) that may be committed by personnel in the music industry and their employers. It also explores the many breaches of Intellectual Property law that may be committed by others against the musician’s rights.
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  16. MORAL CRIME.Sally Ramage - forthcoming - Criminal Law News (87):2-25.
    ‘Crime is a prohibited act from which results in more evil than good’ is how Jeremy Bentham described crime. ‘Crime is a serious anti-social action to which the State reacts consciously by inflicting pain’, is how W.A.Bonger describes crime. Morality and its lack thereof are related to crime. Morality is so closely interwoven with social conduct and immorality interwoven with criminal conduct that it is desirable to investigate this matter further and so this shorter version of a paper by Sally (...)
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  17. The Curious Case of the Jury-shaped Hole: A Plea for Real Jury Research.Lewis Ross - forthcoming - International Journal of Evidence and Proof.
    Criminal juries make decisions of great importance. A key criticism of juries is that they are unreliable in a multitude of ways, from exhibiting racial or gendered biases, to misunderstanding their role, to engaging in impropriety such as internet research. Recently, some have even claimed that the use of juries creates injustice on a large-scale, as a cause of low conviction rates for sexual criminality. Unfortunately, empirical research into jury deliberation is undermined by the fact that researchers are unable to (...)
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  18. Propiedad intelectual sobre los conocimientos tradicionales agrícolas.Iván Vargas-Chaves, Gloria Amparo Rodriguez & Heidy Blumenkranc - unknown - Editorial Universidad del Rosario:
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  19. Hacia una fundamentación ético-normativa del sujeto de derecho.Fabio Morandín Ahuerma, Laura Villanueva Méndez, Abelardo Romero Fernández & Esmeralda Santos Cabañas - 2023 - Crítica y Derecho: Revista Jurídica 4 (6):1-12.
    En este artículo se debaten tres aspectos del concepto de la moral: el primero se refiere a la puesta en duda de la existencia misma, no sólo del concepto sino de la posible o imposible fundamentación de lo moral per se. En segundo lugar, la positivización del término llevado a lo normativo como una búsqueda de objetividad de lo moral y, el tercer aspecto, la crítica a la moral imperativa desde posturas dogmáticas. Se defiende que no es suficiente la perfectibilidad (...)
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  20. Expropriation of the expropriators.Jacob Blumenfeld - 2023 - Philosophy and Social Criticism 49 (4):1-17.
    The ‘expropriation of the expropriators’ is a delicious turn of phrase, one that Marx even compares to Hegel’s infamous ‘negation of the negation’. But what does it mean, and is it still relevant today? Before I analyse the content of Marx’s expression, I briefly consider contemporary legal understandings of expropriation, as well as some examples of it. In the remainder of the essay, I spell out different kinds of expropriation in Marx and focus on an ambiguity at the core of (...)
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  21. Non-market economy status in anti-dumping investigations and proceedings: A case study of Vietnam.Pham Duy Anh Huynh - 2023 - Dissertation, Charles Sturt University
    ‘Dumping’ is a practice in international trade whereby a product is introduced into the commerce of another country at less than its ‘normal value,’ which might cause or threaten material injury to the domestic industry of the importing country. To address the practice of dumping and provide rules to deal with it, the World Trade Organization (WTO) adopted the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994), known as the Anti-Dumping Agreement (ADA). -/- (...)
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  22. Religiosity and Deviance Among College Students in Türkiye: A Test of Ascetic Theory.Sung Joon Jang, Steven Foertsch, Byron R. Johnson, Ozden Ozbay & Fatma Takmaz Demirel - 2023 - Deviant Behavior.
    Although an inverse relationship between religion and deviance is empirically well-established in the western context, previous studies on Islam and deviance conducted in non-western countries are limited. To address this gap in deviance research, we hypothesized that individual religiosity would be inversely related to deviance with the inverse relationship being more likely for ascetic than anti-ascetic or secular deviance. To test this hypothesis, we applied ordinary least squares and logistic regression methods to analyze data collected from 2,005 survey participants of (...)
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  23. Bare statistical evidence and the legitimacy of software-based judicial decisions.Eva Schmidt, Andreas Sesing-Wagenpfeil & Maximilian A. Köhl - 2023 - Synthese 201 (4):1-27.
    Can the evidence provided by software systems meet the standard of proof for civil or criminal cases, and is it individualized evidence? Or, to the contrary, do software systems exclusively provide bare statistical evidence? In this paper, we argue that there are cases in which evidence in the form of probabilities computed by software systems is not bare statistical evidence, and is thus able to meet the standard of proof. First, based on the case of State v. Loomis, we investigate (...)
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  24. El concepto de pena natural en la doctrina y la jurisprudencia penal.Manuel Francisco Serrano - 2023 - Bernal: Universidad Nacional de Quilmes.
    La pena natural es una situación paradójica que se puede presentar cuando el autor de un delito, al cometerlo o a causa de éste, ha sufrido un daño igual o mayor al que padecería si el juez de la causa le aplicara la pena estatal prevista para tal conducta. Se da con frecuencia al juzgar ciertos accidentes viales, cuando el acusado ya carga el peso de ser quien, por imprudencia, mató a su pareja o familiar cercano, por ejemplo. Pero ¿en (...)
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  25. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  26. Default Reasoning and the Law: A Dialogue.Penco Carlo & Canale Damiano - 2022 - Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 47.
    Reasoning by default is a relevant aspect of everyday life that has traditionally attracted the attention of many fields of research, from psychology to the philosophy of logic, from economics to artificial intelligence. Also in the field of law, default reasoning is widely used by lawyers, judges and other legal decision-makers. In this paper, a philosopher of language (Carlo Penco) and a philosopher of law (Damiano Canale) attempt to explore some uses of default reasoning that are scarcely considered by legal (...)
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  27. Open Science and Intellectual Property Rights. How can they better interact? State of the art and reflections. Report of Study. European Commission.Javier de la Cueva & Eva Méndez - 2022 - Brussels: European Commission.
    Open science (OS) is considered the new paradigm for science and knowledge dissemination. OS fosters cooperative work and new ways of distributing knowledge by promoting effective data sharing (as early and broadly as possible) and a dynamic exchange of research outcomes, not only publications. On the other hand, intellectual property (IP) legislation seeks to balance the moral and economic rights of creators and inventors with the wider interests and needs of society. Managing knowledge outcomes in a new open research and (...)
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  28. Videos, Police Violence, and Scrutiny of the Black Body.Sherri Irvin - 2022 - Social Research: An International Quarterly 89 (4):997-1023.
    The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.
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  29. E-money and Trusts: A Property Analysis.Johanna Jacques - 2022 - Law Quarterly Review 138 (Oct):605-623.
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  30. Bilateral agreements, precarious work, and the vulnerability of migrant workers in Israel.Nonna Kushnirovich & Rebeca Raijman - 2022 - Theoretical Inquiries in Law 23 (2):266-288.
    We examine the short-term and long-term impact of bilateral agreements on migrant workers’ vulnerability during their employment in Israel. To do so, we developed the Vulnerability Index of Migrant Workers based on five dimensions: poor working conditions, poor living conditions, poor safety conditions, low wages, and dependence on migration costs. We focus on migrant workers arriving in Israel from two different countries, employed in two different sectors of the economy. Data was gathered through a survey conducted among workers arriving from (...)
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  31. Direitos da natureza e o princípio da precaução.Atus Mariqueo-Russell - 2022 - Revista Latino-Americana de Direitos da Natureza e Dos Animais 5 (1):7-16.
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  32. The Code of Capital: How the Law Creates Wealth and Inequality. [REVIEW]Thomas Mulligan - 2022 - Business Ethics Quarterly 32 (1):199-202.
    A review of Katharina Pistor's *The Code of Capital: How the Law Creates Wealth and Inequality* (2019, Princeton University Press).
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  33. Is forensic science in crisis?Michał Sikorski - 2022 - Synthese 200 (3):1-34.
    The results of forensic science are believed to be reliable, and are widely used in support of verdicts around the world. However, due to the lack of suitable empirical studies, we actually know very little about the reliability of such results. In this paper, I argue that phenomena analogous to the main culprits for the replication crisis in psychology are also present in forensic science. Therefore forensic results are significantly less reliable than is commonly believed. I conclude that in order (...)
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  34. SENSO COMUM TEÓRICO DOS JURISTAS: UMA CARTOGRAFIA DA CRÍTICA EPISTEMOLÓGICA DE LUÍS ALBERTO WARAT.David Campos Castro - 2021 - Dissertation, Universidade de Brasília
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  35. A FRAGILIDADE DO DIREITO: AS LUTAS POR DIREITOS E O MECANISMO IMUNITÁRIO DA SOBERANIA.Roan Costa Cordeiro, Thais Pinhata Souza & Angela Couto Machado Fonseca - 2021 - Revista Direito Público 18 (97):560-587.
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  36. Criminally Ignorant – an invitation for broader evaluation.Mark Dsouza - 2021 - Jurisprudence 12 (2):226-235.
    ABSTRACT Although there is much to commend in Sarch's Criminally Ignorant: Why the Law Pretends We Know What We Don't, in this piece, I invite Sarch to expand on his analysis by considering how English doctrine diverges from the US doctrine he takes as foundational, and raise some doubts by putting pressure on the theory of culpability that motivates his views on how ignorance supplies culpability. In particular, (a) I question his defence of a motive-insensitive theory of culpability, (b) set (...)
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  37. Patterned Inequality, Compounding Injustice, and Algorithmic Prediction.Benjamin Eidelson - 2021 - American Journal of Law and Equality 1 (1):252-276.
    If whatever counts as merit for some purpose is unevenly distributed, a decision procedure that accurately sorts people on that basis will “pick up” and reproduce the pre-existing pattern in ways that more random, less merit-tracking procedures would not. This dynamic is an important cause for concern about the use of predictive models to allocate goods and opportunities. In this article, I distinguish two different objections that give voice to that concern in different ways. First, decision procedures may contribute to (...)
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  38. Poder Judiciário e Estado de Direito: Limites e Possibilidades para uma Jurisdição Democrática, Vol. 1.Daniel Eisaqui & Gabriel Vieira Terenzi - 2021 - Sao Paulo, Brazil: Editora Thoth.
  39. The Legal Ambiguity of Advanced Assistive Bionic Prosthetics: Where to Define the Limits of ‘Enhanced Persons’ in Medical Treatment.Tyler L. Jaynes - 2021 - Clinical Ethics 16 (3):171-182.
    The rapid advancement of artificial intelligence systems has generated a means whereby assistive bionic prosthetics can become both more effective and practical for the patients who rely upon the use of such machines in their daily lives. However, de lege lata remains relatively unspoken as to the legal status of patients whose devices contain self-learning CIS that can interface directly with the peripheral nervous system. As a means to reconcile for this lack of legal foresight, this article approaches the topic (...)
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  40. THE EUROPEAN UNION's DIGITAL COPYRIGHT LAW REVIEW: MERIT THROUGH PUBLIC PARTICIPATION.Nikos Koutras - 2021 - Western Australian Student Law Review 5 (1):33-57.
    A multilevel consultative approach to governmental decision-making is increasingly being adopted in the European Union. On the back of this shift, it is prudent to consider the use of such consultative approaches in reforming digital copyright law. The adoption of a multilevel consultative approach has the potential to significantly benefit European Member States and increase political integration in Europe. Such an approach can address the complex dispersion of power amongst different levels of public institutions in the European Union and support (...)
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  41. Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System.Patrick K. Lin - 2021 - New Degree Press.
    “When today’s technology relies on yesterday’s data, it will simply mirror our past mistakes and biases.” -/- AI and other high-tech tools embed and reinforce America’s history of prejudice and exclusion — even when they are used with the best intentions. Patrick K. Lin’s Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System takes a deep and thorough look into the use of technology in the criminal justice system, and investigates the instances of coded bias present (...)
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  42. Rethinking Rachel Doležal and Transracial Theory.Molly Littlewood McKibbin - 2021 - Cham, Switzerland: Palgrave Macmillan.
    Using real-life examples, this book asks readers to reflect on how we—as an academic community—think and talk about race and racial identity in twenty-first century America. One of these examples, Rachel Doležal, provides a springboard for an examination of the state of our discourse around changeable racial identity and the potential for “transracialism.” An analysis of how we are theorizing transracial identity (as opposed to an argument for/against it), this study detects some omissions and problems that are becoming evident as (...)
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  43. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
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  44. Probing Vietnam’s Legal Prospects in the South China Sea Dispute.Hong Kong To Nguyen, Manh-Tung Ho & Quan-Hoang Vuong - 2021 - Asia Policy 16 (3):105-132.
    Although most Asian states are signatories to UNCLOS, which offers options for dispute resolution by either voluntary or compulsory processes, in reality fewer than a dozen Asian states have taken advantage of such an approach. The decision to adopt third-party mechanisms comes under great scrutiny and deliberation, not least because of the entailing legal procedures and the politically sensitive nature of disputes. Vietnam claims the second-largest maritime area in the South China Sea dispute after China. A comparison of two recent (...)
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  45. Prioritizing the Prevention of Early Deaths during Covid‐19.Govind Persad - 2021 - Hastings Center Report 51 (2):42-43.
    In this Correspondence, I argue that given that scarcity has existed both for critical care resources and for vaccines, allocating critical care resources to prioritize the prevention of early COVID-19 deaths (i.e. COVID-19 deaths among younger patients) could valuably counterbalance the disproportionate exclusion of minority patients and those with life shortening disabilities that age-based vaccine allocation produces. -/- Covid-19 deaths early in life have overwhelmingly befallen minorities and people with life-shortening disabilities. Policies preventing early deaths prevent an outcome widely recognized (...)
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  46. Mediação e Conciliação: da análise histórica e da evolução normativa no Brasil.Marcos Italo Porto - 2021 - Dissertation, Uniceplac
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  47. Rehabilitating Statistical Evidence.Lewis Ross - 2021 - Philosophy and Phenomenological Research 102 (1):3-23.
    Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...)
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  48. Say There Are No Rights, Only Agreements.O. C. Sure - 2021 - Aristotle Against Plato.
    Nowhere in the works of what is called Aristotle is there a discussion of anything named Natural Law. Everywhere in the works of what is called Aristotle there are discussions of principles and there are discussion of laws; separately. And for this reason: Nature abides by principles. Humans make laws. By nature, aggression is the principle. Since aggression impedes each particular person in the same way, a universal manner, this universal offense is the impetus for a prescription of any law (...)
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  49. The Silent Issue in Intel v. Sulyma: Does ERISA Section 413(2) Operate to Time-Bar Otherwise Timely Suits Challenging Subsequent Breaches of the Same Character?Rob Van Someren Greve & Paul Blankenstein - 2021 - Benefits Law Journal 34 (1):1-17.
    In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed (...)
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  50. Brokerage Windows in 401(k) Plans: The Total Abdication of Fiduciary Responsibility.Rob Van Someren Greve, Paul Blankenstein & Leigh Anne St Charles - 2021 - Benefits Law Journal 34 (4):4-44.
    This article addresses the fiduciary issues raised by the current practice of plan fiduciaries of not only disclaiming any fiduciary responsibility for brokerage window investments, but also abdicating any role (fiduciary or otherwise) in assessing even the general suitability of those investments for a retirement plan, and concludes that the practice is in plain and notorious violation of what ERISA requires of fiduciaries.
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