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Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin 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 ...


Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen 2020 The Catholic University of America, Columbus School of Law

Augustine, Lawyers & The Lost Virtue Of Humility, Bruce P. Frohnen

Catholic University Law Review

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 ...


Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis 2020 Brooklyn Law School 81818app手机版下载

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of ...


The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray II 2020 University of Mississippi

The Mystery Of Law: A Critical Analysis Of H.L.A Hart’S The Concept Of Law, Stephen Mark Gray Ii

Honors Theses

81818app手机版下载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 ...


The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee 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

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 ...


Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller 2020 Liberty University

Mercy Otis Warren: Republican Scribe And Defender Of Liberties, Mary Kathryn Mueller

Bound Away: The Liberty Journal of History

An active proponent of republican government, Mercy Otis Warren had a significant role in the revolutionary period. She was a woman who was close to the action, well-acquainted with the central figures, and instrumental in bringing about the monumental changes in America in the late 1700s. Referred to as the “muse of the revolution,”[1] Mercy Otis Warren used her pen to significantly broaden the colonial understanding of a republican form of government and passionately promote it. From a collection of early poems and political satires written in the years preceding the war to her epic history of the revolution ...


Martin Luther King Jr. And Ernest Everett Just - On Evolution Of Ethical Behavior, Theodore Walker 2020 Southern Methodist University

Martin Luther King Jr. And Ernest Everett Just - On Evolution Of Ethical Behavior, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Martin Luther King Jr. prescribed an evolutionary advance in ethical behavior: the total “abolition of poverty” and the abolition of war throughout “the world house.” Cell biologist Ernest Everett Just advanced the idea that human ethical behavior evolved from cellular origins.

Also, astrobiologists Chandra Wickramasinghe and Sir Fred Hoyle advanced the idea of cosmic biology, including stellar evolution and cosmic evolution. From cells to humans to stars and cosmology, evolutionary natural science converges with natural theology.


A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln IV 2020 Mitchell Hamline School of Law 81818app手机版下载

A Literary Lens Into Constitutional Interpretation And A Possible Synthesis Of Natural And Positive Law: The Silmarillion, Charles Edward Andrew Lincoln Iv

Mitchell Hamline Law Journal of Public Policy and Practice

81818app手机版下载The nature of identity in the United States lies in the Constitution. Perhaps this is due to “veneration” of the document. It has also been argued that the Declaration of Independence holds a seminal role in the American identity.

The rift seems to occur with the concept of a “living constitution,” whereby the concept of an ever-evolving jurisprudence allows for an evolving interpretation of the Constitution as society changes.

This rift can be demonstrated by the world of J.R.R. Tolkien. In The Lord of the Rings and Silmarillion, the various languages of groups of Middle Earth represent and ...


Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater 2020 Washington University in St. Louis

Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater

Washington University Jurisprudence Review

81818app手机版下载In hopes of providing some possible further insight into the nature of law in all contexts, this Article contributes another layer to the discussion respecting an evolutionary ontology of law. It advances a preliminary sketch of the possible genesis of norms as a countermovement to human cognition, with law, as a type of norms thereby integrally interwoven into humanity itself. With this understanding of its origins, law, whether considered from the positive law, natural law or systems theory perspective, may be understood more clearly and its applications perhaps anticipated. This Article analyzes whether this proposed countermovement theory might provide common ...


Natural Rights, Positive Rights, And The Right To Keep And Bear Arms, Jud Campbell 2020 University of Richmond - School of Law

Natural Rights, Positive Rights, And The Right To Keep And Bear Arms, Jud Campbell

Law Faculty Publications

81818app手机版下载The first judicial opinions interpreting the right to bear arms embraced vastly divergent views of the right, leading scholars to perceive these decisions as being in disarray. This article argues that these conflicts reflect exactly the sorts of disagreements that one would expect given that Americans viewed the right to bear arms as a natural right and as a positive right. Indeed, the first right-to-bear-arms decisions exemplified tensions that emerged when judges confronted claims about natural rights and positive rights in a changing social and legal landscape. As a natural right, the right to carry firearms could only be limited ...


The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee 2020 Campbell University School of Law

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

Scholarly Works

No abstract provided.


Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo 2019 Kennesaw State University 81818app手机版下载

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

81818app手机版下载From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

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Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law 81818app手机版下载

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载No abstract provided.


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph 2019 Seattle University School of Law 81818app手机版下载

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

81818app手机版下载No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

81818app手机版下载No abstract provided.


Natural Resource And Natural Law Part I: Prior Appropriation, Robert W. Adler 2019 William & Mary Law School

Natural Resource And Natural Law Part I: Prior Appropriation, Robert W. Adler

William & Mary Law Review

In recent years, there has been a resurgence of civil disobedience over public land policy in the West, sometimes characterized by armed confrontations between ranchers and federal officials. This trend reflects renewed assertions that applicable positive law violates the natural rights (sometimes of purportedly divine origin) of ranchers and other land users, particularly under the prior appropriation doctrine and grounded in Lockean theories of property. At the same time, Native Americans and environmental activists have also relied on civil disobedience to assert natural rights to a healthy environment based on public trust, fundamental human rights, and other principles. This Article ...


Introduction: Property In Ecology, Jonathan H. Adler 2019 University of New Mexico

Introduction: Property In Ecology, Jonathan H. Adler

Natural Resources Journal

No abstract provided.


Introduction: What You Don't Know Does Protect You, Rebecca Roose 2019 New Mexico Environment Department

Introduction: What You Don't Know Does Protect You, Rebecca Roose

Natural Resources Journal

No abstract provided.


Testamentary Freedom Vs. The Natural Right To Inherit: The Misuse Of No-Contest Clauses As Disinheritance Devices, Alexis A. Golling-Sledge 2019 J.D. Candidate, Washington University School of Law Class of 2020

Testamentary Freedom Vs. The Natural Right To Inherit: The Misuse Of No-Contest Clauses As Disinheritance Devices, Alexis A. Golling-Sledge

Washington University Jurisprudence Review

Testamentary freedom is the bedrock of inheritance law. The freedom is curbed in some respects in order to allow spouses and other groups access to an estate. However, there is no restriction on a parent's ability to disinherit their children. This note is a critique of the permitted disinheritance of children in the name of testamentary freedom. According to John Locke, the right to inherit emanates from natural law and should be recognized as such. Through forced heirship, as recognized in other modern nations, the U.S. can respect the natural right of children to inherit and leave room ...