Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
81818app手机版下载Table of Contents
Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, 2020 East China University of Political Science and Law, Wenbo Academy 81818app手机版下载
Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, Wenjing Du, Minghui Xiong
OSSA Conference Archive
81818app手机版下载In this paper, we will present an argumentative view of legal evidence. In an argumentation-based litigation game, the only purpose of the suitor (S) or the respondent (R) is to maximize their own legal rights while the purpose of the trier (T) is to maintain judicial fairness and justice. Different selections of evidence and different orders of presenting evidence will lead to different case-facts and even adjudicative results, the purpose of litigation is to reconcile a balance among the three parties - S, R, and T.
The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari
OSSA Conference Archive
The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, 2020 University of Trento
“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin
OSSA Conference Archive
Every individual when making an opinion always sees from a here-and-now point of view characterized by an overlapping of beliefs (produced by inner activities dealing with reasonings, feelings and ethical standards). In the history of philosophy we can find two main types of evidence, based on what we might call “linear” and “fractal” rationality. In the light of the former, which almost exclusively fosters formal deductivism, evidence is based on mere systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral etc.) are marginalized – persuasion included. In the light of “fractal” rationality, which is more adherent to ...
Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, 2020 Tilburg University 81818app手机版下载
Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu
OSSA Conference Archive
81818app手机版下载In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from ...
Augustine, Lawyers & The Lost Virtue Of Humility, 2020 The Catholic University of America, Columbus School of Law 81818app手机版下载
Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen
Catholic University Law Review
81818app手机版下载The leading edge of legal scholarship and practice in recent decades has evinced a commitment to progressive politics at the expense of constitutional governance, the rule of law, and justice understood as vindication of the reasonable expectations of both the public and the parties to any given case or controversy. This article argues that renewed understanding of the virtue of humility, rooted in a genuine concern to do good according to one’s abilities, rights, and duties, is essential to the maintenance of decency in the legal profession and society as a whole. Such virtue is allowed, if not required ...
The Epistemic Function Of Fusing Equal Protection And Due Process, 2020 William & Mary Law School
The Epistemic Function Of Fusing Equal Protection And Due Process, Deborah Hellman
William & Mary Bill of Rights Journal
The fusion of equal protection and due process has attracted significant attention with scholars offering varied accounts of its purpose and function. Some see the combination as productive, creating a constitutional violation that neither clause would generate alone. Others see the combination as merely strategic, offered to make a claim acceptable at a particular historical moment but not genuinely necessary. This Article offers a third alternative. Judges have and should bring both equal protection and due process together to learn what each clause independently requires. On this Epistemic vision of constitutional fusion, a focus on equality helps judges learn what ...
Equality's Understudies, 2020 University of Chicago Law School 81818app手机版下载
Equality's Understudies, Aziz Z. Huq
Michigan Law Review
Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.
Competition Wrongs, 2020 Unviversity of Michigan Law School 81818app手机版下载
Competition Wrongs, Nicolas Cornell
In both philosophical and legal circles, it is typically assumed that wrongs depend upon having one’s rights violated. But within any market-based economy, market participants may be wronged by the conduct of other actors in the marketplace. Due to my illicit business tactics, you may lose profits, customers, employees, reputation, access to capital, or any number of other sources of value. This Article argues that such competition wrongs are an example of wrongs that arise without an underlying right, contrary to the typical philosophical and legal assumption. The Article thus draws upon various forms of business law to illustrate ...
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, 2020 University of Mississippi 81818app手机版下载
The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii
This thesis explores the role of morality in law through a critical examination of the work of one of the most widely cited and renowned judicial scholars, H.L.A. Hart. His modified theory of positivism, which denotes that law and morality are separable and that legal rules may have any content, has had an enduring impact on the landscape of judicial thought in the last century. As Hart’s work has had an indelible hand in shaping analytical jurisprudence and as it exemplifies the antithesis of my argument, it will serve as a theoretical foil. From it, I hope ...
Lying And Cheating, Or Self-Help And Civil Disobedience?, 2020 Brooklyn Law School
Lying And Cheating, Or Self-Help And Civil Disobedience?, Aditi Bagchi
Brooklyn Law Review
81818app手机版下载May poor sellers lie to rich buyers? This article argues that, under limited circumstances, sellers may indeed have a license to lie about their goods. Where sellers are losers under unjust background institutions and they reasonably believe that buyers have more than they would under just institutions, lies that result in de minimum transfers can be regarded as a kind of self-help. More generally, what we owe each other in our interpersonal interactions depends on the institutional backdrop. Consumer contract law, including its enforcement regimes, should recognize the social and political contingency of sellers’ obligations to buyers. In other contexts ...
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, 2020 Campbell University School of Law 81818app手机版下载
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
St. Mary's Law Journal
81818app手机版下载Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would ...
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, 2020 University of the District of Columbia David A. Clarke School of Law 81818app手机版下载
Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint
University of Michigan Journal of Law Reform
81818app手机版下载Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging ...
The City And The Soul: Character And Thriving In Law And Politics, 2020 University of Michigan Law School
The City And The Soul: Character And Thriving In Law And Politics, Sherman J. Clark
University of Michigan Journal of Law Reform
81818app手机版下载This Article describes a way of thinking about law and politics that is ancient in origins but largely absent from modern legal scholarship. It poses a two-part question: how do our law and politics influence our character, and how does that in turn influence how well and fully we live?
Much legal scholarship asks how law can be more efficient and effective in making us richer, healthier, safer, and such. This is good: wealth, health, and safety are—or can be—good things. But material conditions are not the only things that make for a rich and full life. What ...
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, 2020 Northwestern Pritzker School of Law
Screened Out Of Housing: The Impact Of Misleading Tenant Screening Reports And The Potential For Criminal Expungement As A Model For Effectively Sealing Evictions, Katelyn Polk
Northwestern Journal of Law & Social Policy
Having an eviction record “blacklists” tenants from finding future housing. Even renters with mere eviction filings—not eviction orders—on their records face the harsh collateral consequences of eviction. This Note argues that eviction records should be sealed at filing and only released into the public record if a landlord prevails in court. Juvenile record expungement mechanisms in Illinois serve as a model for one way to protect people with eviction records. Recent updates to the Illinois juvenile expungement process provided for the automatic expungement of certain records and strengthened the confidentiality protections of juvenile records. Illinois protects juvenile records ...
Borrowing American Ideas To Improve Chinese Tort Law, 2020 St. Mary's University School of Law
Borrowing American Ideas To Improve Chinese Tort Law, Yongxia Wang
St. Mary's Law Journal
As China develops its modern jurisprudence it faces a choice between emulating the legal frameworks of civil law countries or common law countries. Thus far, the civil law path has allowed for a rapid expansion of Chinese tort law, but jurists have found difficulty in applying such generalized statutory schemes with the absence of supporting judicial interpretation. Cognizant of the differences between the public policy of common law countries and China, Vincent Johnson’s Mastering Torts (Měiguó Qīnquán Fǎ) provides this guidance through the lens of American tort law. The hornbook takes care to simplify the role of judicial opinion ...
Abraham Lincoln And The Cardinal Virtue Of Practical Reason, 2020 Pepperdine University
Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs
Pepperdine Law Review
Practical wisdom is an elusive concept. This Article focuses on a case in which Abraham Lincoln, prior to his election as President, participated (or more accurately did not participate) to frame a discussion of what practical wisdom means and how it makes a difference for lawyers.
A Truce In The Criminal Law Distributive Principle Wars?, 2020 University of Pennsylvania Carey Law School
A Truce In The Criminal Law Distributive Principle Wars?, Paul H. Robinson
Faculty Scholarship at Penn Law
Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.
It is argued here that the two are in fact reconcilable, in a fashion ...
Reporting Certainty, 2020 Brigham Young University Law School
Reporting Certainty, James A. Macleod
BYU Law Review
Legal theorists, judges, and legal writing instructors persistently decry the assertions of certainty—”obviously X,” “undoubtedly Y,” etc.—that litter judicial opinions. According to the conventional view, the rhetoric of certainty that these assertions epitomize is disingenuous. It also reflects, and even encourages, poor judicial decision-making. And as if that were not enough, it is so unpersuasive that it is counter-persuasive: it signals uncertainty, nonobviousness, etc.—the exact opposite of what its author intends. Judges, for these and other reasons, should abstain from needless assertions of certainty and the myopic thinking they evince. That much is certain.
Yet the rhetoric ...
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, 2020 William & Mary Law School 81818app手机版下载
The Effects Of Rejecting Mind-Body Dualism On U.S. Law, Matthew W. Lawrence
William & Mary Journal of Race, Gender, and Social Justice
While neuroscience continues to make it clearer that mental processes, effects, disorders, and states can be described through physical observation, the metaphysical notion of mind-body dualism still pervades the U.S. legal system. In this Article, I discuss many areas where mind-body dualism holds fast, and others where mind-body dualism has already been explicitly or impliedly rejected. I argue that in most areas, the dualist distinction would have little to no impact on the values the law already describes. However, I argue that rejecting dualism would have an impact on fundamental rights analyses. First Amendment free speech rights, fundamental rights ...