Category Archives: Legal Theory

Is the Human Person Naturally Religious? – YouTube

In May 2017, BQO’s Tony Mills sat down with Fr. Thomas Joseph White, a Dominican priest, theologian, and leading scholar of St. Thomas Aquinas at the Dominican House of Studies in Washington, D.C. Their discussion touches on the origin of the religious impulse, the nature of religious commitment, and the role of religion in the public sphere. via www.youtube.com.. To continue reading this legal news please click Read full information...

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'Second Amendment Sanctuary' Cities, Counties, & States Spring Up Across The Country | Zero Hedge

A growing number of states, counties, cities, and towns are declaring themselves “Second Amendment Sanctuaries” and are refusing to enforce gun-control laws that infringe on the Constitutional right to keep and bear arms. While adopting ordinances and resolutions to defy gun laws isn’t a new tactic, momentum is rapidly building – likely in response to increasing calls for more gun control at state and federal levels. via www.zerohedge.com.. To continue reading this legal news please click Read full information...

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Eenmaa-Dimitrieva on Corrective Justice & the Dependency Problem

Helen Eenmaa-Dimitrieva (University of Tartu School of Law) has posted The Problem of Dependency of Corrective Justice: Corrective Entitlements and Private Transactions (Canadian Journal of Law & Jurisprudence, Vol. XXXII, No. 1 (February 2019) pp. 59-82) on SSRN.  Here is the abstract: Several legal philosophers have argued that the principle of corrective justice provides the best explanation of various areas of the law—especially the law of torts. On the other hand, some philosophers of law and many economists of law have argued that the principle of corrective justice is not an independent principle of justice. I call this the problem of dependency. If the critics are right, the principle of corrective justice cannot be an explanation of a large area of our law as it claims to be. I argue that the increasingly complex forms of the problem of dependency that the critics have proposed lose their force once we have a better understanding of the principle of….. To continue reading this legal news please click Read full information...

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Khan & Pozen on Information Fiduciaries

Lina Khan (Yale University, Law School) & David Pozen (Columbia University – Law School) have posted A Skeptical View of Information Fiduciaries (Harvard Law Review, Vol. 133, 2019, Forthcoming) on SSRN.  Here is the abstract: The concept of “information fiduciaries” has surged to the forefront of debates on online platform regulation. Developed by Professor Jack Balkin, the concept is meant to rebalance the relationship between ordinary individuals and the digital companies that accumulate, analyze, and sell their personal data for profit. Just as the law imposes special duties of care, confidentiality, and loyalty on doctors, lawyers, and accountants vis-à-vis their patients and clients, Balkin argues, so too should it impose special duties on corporations such as Facebook, Google, and Twitter vis-à-vis their end users. Over the past several years, this argument has garnered remarkably broad support and essentially zero critical….. To continue reading this legal news please click Read full information...

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Stanchi, Crawford, & Berger on Gender Diversity on International Courts & Tribunals

Kathryn Stanchi, Bridget J. Crawford and Linda L. Berger (Temple University – James E. Beasley School of Law, Pace University School of Law and University of Nevada, Las Vegas, William S. Boyd School of Law) have posted Why Women: Judging Transnational Courts and Tribunals (Connecticut Journal of International Law, Forthcoming) on SSRN.  Here is the abstract: Calls for greater representation of women on the bench are not new. Many people share the intuition that having more female judges would make a difference to the decisions that courts might reach or how courts arrive at those decisions. This hunch has only equivocal empirical support, however. Nevertheless legal scholars, consistent with traditional feminist legal methods, persist in asking how many women judges there are and what changes might bring more women to the bench. This essay argues that achieving diversity in international courts and tribunals – indeed on any bench – will not happen simply by….. To continue reading this legal news please click Read full information...

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