On December 7, 1994, the U.S. District Court of the Northern District of Illinois ruled that ERISA preempts a participant in an ERISA plan from suing the plan's administrator under a state common law theory of respondeat superior ) : at 208). On September 12, 1995, the Seventh Circuit of the U.S. Court of Appeals reversed this decision and ordered that the case be tried in state court ). The court held that the case had been (...) improperly removed to federal court. The court of appeals stated that the federal court did not have jurisdiction because the plaintiff's claim did not fall within ERISA's provisions.In this case, plaintiff David Rice brought a medical malpractice suit against two doctors who provided treatment to him in accordance with his ERISA insurance plan. (shrink)

There is great skepticism about the admittance of expert normative ethics testimony into evidence. However, a practical analysis of the way ethics testimony has been used in courts of law reveals that the skeptical position is itself based on assumptions that are controversial. We argue for an alternative way to understand such expert testimony. This alternative understanding is based on the practice of clinical ethics.

Ludwig Wittgenstein was born in 1889, son of parents of Jewish extraction but not Jewish religion. Asked how his family came by the name ‘Wittgenstein’ Ludwig said they had been court Jews to the princely family and so had taken the name when Jews were required by law to have European-style names. The father, Karl, was a Protestant, the mother a Catholic. The Jewish blood was sufficient to bring the family later on into danger under Hitler's Nuremberg Laws. They (...) did not think of themselves as Jews or belong to the Jewish community in Vienna. The children were brought up sort-of Catholic though so far as I know only the eldest, Hermine, towards the end of her life, took this seriously and made a profession of faith before friends and household. At 9 years of age Ludwig and Paul, a year or two older than Ludwig, talked together and decided that their religion was all nonsense. Paul became a pianist of some fame, but soon after his debut in Vienna he became a wounded prisoner on the Russian front and his arm was lopped off by a surgeon who did not know he was a pianist. (shrink)

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on (...) the importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

On August 29, 1995, the United States District Court for the Northern District of Ohio ruled that certain practices of Blue Cross and Blue Shield of Ohio relating to the calculation of copayments on insurance claims violated provisions of ERISA, and thus BCBSO could be liable for unpaid benefits and breach of fiduciary duty ). According to BCBSO's Explanation of Benefits and Schedule of Benefits, beneficiaries were responsible for a 20 percent copayment for hospital charges, and the remaining 80 (...) percent of the Provider's Reasonable Charges would be paid by BCBSO. BCBSO negotiated with the hospitals to create discount agreements whereby the actual charge to BCBSO was less than 80 percent of the total amount of the hospital's charges. By this arrangement, BCBSO paid less than 80 percent of what patients were billed; concurrently, patients paid more than 20 percent of the amount ultimately paid to hospitals for their services. (shrink)

This classic textbook focuses on medical law and its relationship with medical practice and modern ethics. It provides thorough coverage of all of the topics found on medical law courses, and in depth analysis of recent court decisions, encouraging students to think analytically about the subject.

in the euthyphro, socrates tells euthyphro that Meletus is taking him to court for impiety.1 Upon hearing Euthyphro’s claim to have knowledge of piety, Socrates asks Euthyphro to take him on as a pupil, so that he might acquire knowledge of piety himself. Although this may seem unsurprising, given Socrates’s high regard for knowledge in other dialogues, the reason that Socrates gives for wishing to acquire knowledge, in this case, is bizarre—for he says it is because knowledge of piety (...) will help him to secure his acquittal on charges of impiety.It is unclear, however, why Socrates believes that his learning what piety is should lead to the impiety charges against him being dropped, yet no one has ever made a.. (shrink)

The ethics of involving persons with cognitive impairments and/or mental illness in research continues to gain academic and public attention. Concerns about the ability of such persons to provide ethically and legally valid consent and about the appropriateness of their research involvement in certain categories of studies have resulted in publication of guidelines, position papers, standards, and court decisions. These analyses address not only when and from whom informed consent may be obtained but also under what conditions it is (...) ethically permissible to involve persons in research who are too decisionally impaired to provide their own consent.It is an advance in research ethics that there is heightened appreciation of the need for greater protections for, and possibly research participation limitations on, persons unable to give their own consent. In our zeal to protect potentially vulnerable subjects, however, we must craft new protections carefully. Prudence is required in shaping and implementing any new protections. (shrink)

The ethics of involving persons with cognitive impairments and/or mental illness in research continues to gain academic and public attention. Concerns about the ability of such persons to provide ethically and legally valid consent and about the appropriateness of their research involvement in certain categories of studies have resulted in publication of guidelines, position papers, standards, and court decisions. These analyses address not only when and from whom informed consent may be obtained but also under what conditions it is (...) ethically permissible to involve persons in research who are too decisionally impaired to provide their own consent.It is an advance in research ethics that there is heightened appreciation of the need for greater protections for, and possibly research participation limitations on, persons unable to give their own consent. In our zeal to protect potentially vulnerable subjects, however, we must craft new protections carefully. Prudence is required in shaping and implementing any new protections. (shrink)

This paper examines the case of Lawrence v. Texas to bring out the philosophical commitments of Justices Anthony Kennedy and Antonin Scalia. It is proposed that Justices Kennedy and Scalia, while both Catholics, represent fundamentally different visions of the “ends and reasons” of democratic law. A close reading of the Justices’ opinions in Lawrence indicates that Justice Scalia belongs to the tradition of the “ancients” and Justice Kennedy to the tradition of the “moderns.” The paper focuses in particular on the (...) Justices’ interpretations of the Due Process Clause of the Fourteenth Amendment. It is claimed that the interpretation of this clause turns on a philosophical commitment regarding the ends and reasons that the Constitution should be understood to serve, and thus that justices cannot help acting as “philosopher kings” here. Which of the two Justices is more consistent with the Catholic tradition is proposed as a question for another day. (shrink)

In 1979, A. D. Woozley proposed an interpretation of Apology 29c–d which was intended to alleviate the well-known tension between the Apology and Crito on the citizen's obligation to obey the law. According to his interpretation, the court's hypothetical offer – to release Socrates on the condition that he will be put to death if he does not give up philosophy – is not an order, but a warning as to what would happen should he accept their acquittal and (...) yet continue to philosophize. Obviously, if this is the spirit of the words he puts into the court's mouth, Socrates would not be guilty of disobedience should he refuse the offer, or even if he should accept it and then disregard the warning. To support this interpretation, Woozley suggested a novel construal of the words in which Socrates makes his refusal – πεσομαι δ μγγον τ θε ἢ μν. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should (...) be released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father, a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American (...) legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War. White examines Holmes's curious, childless marriage and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself. (shrink)

Irish Supreme Court upholds paramountcy of parental right to determine a child's best interests at the expense of the rights of children themselvesCan a court force on parents who are careful and conscientious a view of their child's welfare which is rational, but quite contrary to the parents sincerely held but non-rational beliefs? The Supreme Court of Ireland has recently held that it cannot do so, and that the Irish Constitution requires that the right of the family (...) to determine its own direction must be respected except in the most narrow of circumstances, such as an immediate threat to the life of the child or risk of serious injury. The ruling leaves the assessment of a child's best interests to the wide discretion of parents, but at the same time fails to offer a means to resolve potential conflicts between the rights of the family and the rights of the child.FACTS OF THE CASEIn North Western Health Board v W 1 an action was brought by a local health board against the parents of 14 month old Paul, seeking a declaration that their refusal to submit their son to the heel prick test for phenylketonuria was a failure to vindicate their son's rights and that it would be lawful to proceed without parental consent. Phenylketonuria is a metabolic condition which can lead to severe and untreatable mental impairment if not detected in its early stages, but a simple variation in diet can stave off this outcome. While Paul's parents did not doubt the veracity of this medical opinion, nor indeed the importance of the test, they refused to subject their son to the invasive heel prick, offering instead samples of urine or hair, such that the test could be carried out by non-invasive means. These means, however, are considerably …. (shrink)

To become an authority figure in late nineteenth century electricity, neither a higher education nor mainstream ethnic identity were necessary. This paper examines three diverse examples of Anglo-American experts/authorities who succeeded during their lifetime in at least some level of major recognition by performing publicly in the role of expert or authority figure: the African American Lewis Howard Latimer; the Welshman William Preece, and the Irishman John Tyndall. In the USA the outstanding example Latimer was the first son of a (...) former African-American slave to become an expert witness in patent litigation for both Bell and Edison: through his command of the subject both in the draughtsman's office and the witness book, Latimer was a great economic asset to his employers - his capacity to make money for them utlimately trumped any considerations of ethnic prejudice. For Preece and Tyndall, there were fewer visible markers of non-English identity, but their verbal performances needed to manage audible markers of cultural difference with some care in order to maintain their strong relationship with their audiences. In this regard, Tyndall's final lecture in 1886 disastrously revealed his inability in later life ill-health to maintain the respect of his audience. Indeed the importance of the audience as tribunal is a key theme analogous to the jury or judge in a court of law: their credence and acquiescence is important in deciding who really was an expert or authority. Nevertheless, performativity was a transient platform for authority: once the living memory of performance was gone, their status as authority was diminished: hence Latimer, Tyndall and Preece were little remembered a generation after their deaths, except among their own ethnic constituencies. Overall, however, we can see that what it is to be an expert/authority is not self evident – not just a matter of social class, heritage or education, nor is it a matter of permanence. Most importantly the path to becoming an expert was a matter of getting strong institutional patrons, choosing circumscribed domains in which to be an expert, and constructing positive relationship with audiences in those domains. With technical skill assured, such socio-political aspects of being an expert could overcome some of the deeper boundaries of arbitrarily contrived racial ‘difference’. (shrink)

In another tumultuous term of the United States Supreme Court in 2022-2023 a series of critical cases implicate instant and forthcoming changes in multiple fronts that collectively shift the national public health law and policy environment.

In a dynamic term of the United States Supreme Court in 2021-2022 a series of critical cases raise manifold changes and impacts on individual and communal health through 10 key areas ranging from abortions to vaccinations.

Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme (...) class='Hi'>Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. (shrink)

Despite historic efforts to enact the Patient Protection and Affordable Care Act in 2010, national health reform is threatened by multiple legal challenges grounded in constitutional law. Premier among these claims is the premise that PPACA’s “individual mandate” is constitutionally infirm. Attorneys General in Virginia and Florida allege that Congress’ interstate commerce powers do not authorize federal imposition of the individual mandate because Congress lacks the power to regulate commercial “inactivity.” Stated simply, Congress cannot regulate individuals who choose not to (...) obtain health insurance because they are not engaged in a commercial venture. Several courts initially considering this argument have rejected it, but two federal district courts in Virginia and Florida have concurred, leading to numerous appeals and the near promise of United States Supreme Court review. (shrink)

As I write, I hear that Dr. Jack Kevorluan has delivered another victim to the emergency room of his local Michigan hospital. Why do physicians and terminally ill patients feel we need to change the law with respect to assisted suicide when a rogue pathologist, who has been stripped of his medical license, is allowed to pursue his appetite for providing his clients with inhalation treatments of carbon monoxide gas? If no court will convict this outlaw, what makes the (...) physicians and patients who brought Compassion in Dying v. State of Washington and Quill v. Vacco fear that any court would ever convict a licensed physician of assisting in a suicide when he/she writes one of her established patients a prescription for a short-acting barbiturate? Moreover, it is not even clear that laws against assisted suicide in most jurisdictions were ever intended to apply to the actions of licensed physicians. Nonetheless, the plaintiffs in the Second and Ninth Circuit Courts of Appeals were clearly seeking some kind of redress, some kind of protection from potential legal claims they feared might be made against them. (shrink)

As I write, I hear that Dr. Jack Kevorluan has delivered another victim to the emergency room of his local Michigan hospital. Why do physicians and terminally ill patients feel we need to change the law with respect to assisted suicide when a rogue pathologist, who has been stripped of his medical license, is allowed to pursue his appetite for providing his clients with inhalation treatments of carbon monoxide gas? If no court will convict this outlaw, what makes the (...) physicians and patients who brought Compassion in Dying v. State of Washington and Quill v. Vacco fear that any court would ever convict a licensed physician of assisting in a suicide when he/she writes one of her established patients a prescription for a short-acting barbiturate? Moreover, it is not even clear that laws against assisted suicide in most jurisdictions were ever intended to apply to the actions of licensed physicians. Nonetheless, the plaintiffs in the Second and Ninth Circuit Courts of Appeals were clearly seeking some kind of redress, some kind of protection from potential legal claims they feared might be made against them. (shrink)

In 1979, A. D. Woozley proposed an interpretation of Apology 29c–d which was intended to alleviate the well-known tension between the Apology and Crito on the citizen's obligation to obey the law. According to his interpretation, the court's hypothetical offer – to release Socrates on the condition that he will be put to death if he does not give up philosophy – is not an order, but a warning as to what would happen should he accept their acquittal and (...) yet continue to philosophize. Obviously, if this is the spirit of the words he puts into the court's mouth, Socrates would not be guilty of disobedience should he refuse the offer, or even if he should accept it and then disregard the warning. To support this interpretation, Woozley suggested a novel construal of the words in which Socrates makes his refusal – πεσομαι δ μγγον τ θε ἢ μν. (shrink)

This book follows postwar Germany's leading philosopher and social thinker, Jürgen Habermas, through four decades of political and constitutional struggle over the shape of liberal democracy in Germany. Habermas's most influential theories - of the public sphere, communicative action, and modernity - were decisively shaped by major West German political events: the failure to de-Nazify the judiciary, the rise of a powerful Constitutional Court, student rebellions in the late 1960s, the changing fortunes of the Social Democratic Party, NATO's decision (...) to station nuclear weapons, and the unexpected collapse of East Germany. In turn, Habermas's writings on state, law, and constitution played a critical role in reorienting German political thought and culture to a progressive liberal-democratic model. Matthew Specter uniquely illuminates the interrelationship between the thinker and his culture. (shrink)

Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court, offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice (...) among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog. (shrink)

Consent remains a crucial, yet challenging, cornerstone of clinical practice. The ethical, legal and professional understandings of this construct have evolved away from a doctor-centred act to a patient-centred process that encompasses the patient’s values, beliefs and goals. This alignment of consent with the philosophy of shared decision-making was affirmed in a recent high-profile Supreme Court ruling in England. The communication of information is central to this model of health care delivery but it can be difficult for doctors to (...) gauge the information needs of the individual patient. The aim of this paper is to describe ‘core information sets’ which are defined as a minimum set of consensus-derived information about a given procedure to be discussed with all patients. Importantly, they are intended to catalyse discussion of subjective importance to individuals. The model described in this paper applies health services research and Delphi consensus-building methods to an idea orginally proposed 30 years ago. The hypothesis is that, first, large amounts of potentially-important information are distilled down to discrete information domains. These are then, secondly, rated by key stakeholders in multiple iterations, so that core information of agreed importance can be defined. We argue that this scientific approach is key to identifying information important to all stakeholders, which may otherwise be communicated poorly or omitted from discussions entirely. Our methods apply systematic review, qualitative, survey and consensus-building techniques to define this ‘core information’. We propose that such information addresses the ‘reasonable patient’ standard for information disclosure but, more importantly, can serve as a spring board for high-value discussion of importance to the individual patient. The application of established research methods can define information of core importance to informed consent. Further work will establish how best to incorporate this model in routine practice. (shrink)

Le symbolisme du temple court d'un Testament à l'autre, non sans de profondes transformations. Dans toutes les religions, le sanctuaire est conçu comme le centre du cosmos, point de rencontre du ciel et de la terre, et sa construction reflète la cosmogenèse. Le Temple de Jérusalem, qui a pu subir l'influence des anciens cultes cananéens et des civilisations voisines, n'échappe pas à cette loi générale. Mais la perspective historique et eschatologique, qui caractérise la foi yahviste, recouvre les symbolismes cosmologiques. (...) On les reconnaît néanmoins dans des détails architecturaux, comme les chérubins, dans le mobilier du Temple, le voile, ou encore dans le vêtement du Grand-Prêtre.Le Nouveau Testament assume le langage symbolique de l'Ancien, bien déstabilisé, à l'époque où Jésus entre en scène, par les évolutions et les antagonismes des divers groupes religieux. Un processus de spiritualisation et d'intériorisation s'était mis en route dans les écrits apocalyptiques et qumrâniens. Le rapport mis par les évangiles entre Jésus et le Temple, joint à d'autres éléments narratifs, de la Passion notamment, fait pénétrer le symbolisme du Temple dans la figure messianique de Jésus. C'est lui qui est le Nouveau Temple dans les écrits johanniques, qui présentent quelques affinités avec ceux de Qumrân. Dans les écrits pauliniens, comme chez les chrétiens hellénistes de Jérusalem, c'est la communauté chrétienne, unie au Christ, qui est le Temple spirituel habité par l'Esprit Saint. Le symbolisme cosmologique trouve là son aboutissement.The symbolism of the temple runs from one Testament to the other, but not without profound transformations. In all religions the sanctuary is seen as the center of the cosmos, the point of encounter between heaven and earth, and its construction reflects the cosmogenesis. The Temple of Jerusalem, which could have undergone the influence of old Canaanite cults and the neighboring civilizations, does not escape from this general law. But the historical and eschatological perspective, whicb characterizes Yahvist faith, covers over the cosmological symbolisms. We recognize them, nevertheless, in architectural details, such as the cberubims, the furniture of the Temple, the veil, and the vestment of the Higb Priest.The New Testament assumes the symbolic language of the Old, whicb, at the time wben Jesus entered upon the scene, was unstabilized by the evolutions and antagonisms of diverse religious groups. A process of spiritualization and interiorization began witb apocalyptic literature and the writings of Qumran. The relationship that the Gospels set up between Jesus and the Temple, joined to other narrative elements, notably of the Passion, made the symbolism of the Temple enter into the messianic figure of Jesus. He is the New Temple in the writings of John, who presents some affinities with the writings of Qumran. In the Pauline writings, as with the Hellenist Cbristians of Jerusalem, it is the Christian community, united witb Christ, who is the spiritual Temple inhabited by the Holy Spirit. The cosmological symbolism finds there its completion. (shrink)

In this fascinating collection of essays, an international group of scholars explores the sonic consequences of transcultural contact in the early modern period. They examine how cultural configurations of sound impacted communication, comprehension, and the categorisation of people. Addressing questions of identity, difference, sound, and subjectivity in global early modernity, these authors share the conviction that the body itself is the most intimate of contact zones, and that the culturally contingent systems by which sounds made sense could be foreign to (...) early modern listeners and to present day scholars. Drawing on a global range of archival evidence--from New France and New Spain, to the slave ships of the Middle Passage, to China, Europe, and the Mediterranean court environment--this collection challenges the privileged position of European acoustical practices within the discipline of global-historical musicology. The discussion of Black and non-European experiences demonstrates how the production of 'the canon' in the cosmopolitan centres of colonial empires was underpinned by processes of human exploitation and extraction of resources. As such, this text is a timely response to calls within the discipline to decolonise music history and to contextualise the canonical works of the European past. This volume is accessible to a wide and interdisciplinary audience, not only within musicology, but also to those interested in early modern global history, sound studies, race, and slavery."--Publisher's website. (shrink)

Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...) of the early republic and the related philosophy of law and war. A central idea is that international law should chiefly benefit those remaining at peace. -/- Dallas was a Philadelphian who settled there in 1783, the year of the Peace of Paris which ended the War of Independence, arriving from Jamaica after a British education. He wrote much on law, becoming the first recorder of cases before the U.S. Supreme Court. He later served as Secretary of the Commonwealth of Pennsylvania, and federal district attorney for Eastern Pennsylvania, appointed by President Jefferson. He was appointed Secretary of Treasury by President Madison. -/- In this edition the original text is presented with annotations to help identify persons and events of interest. The editor has also added an Introduction, a Bibliography, a short Chronology of Dallas' life and the events of the War, and an analytical Index. As such this annotated edition presents a key primary source in a manner helpful to research for students of the early Republic. (shrink)

Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (N (...) = 4,365) reveal a surprising finding: Ordinary people consider genre carefully and regularly take terms in law to communicate technical legal meanings, not ordinary ones. -/- This discovery carries implications for legal interpretation’s theory and practice. Modern textualists—especially at the Supreme Court—justify their theory through “democratic,” fair notice, and rule-of-law appeals to ordinary people. But the empirical studies reveal that fidelity to ordinary people does not imply an unwavering commitment to ordinary meaning. Instead, it requires interpreters to also look to technical meanings. On a practical level, the results support a new presumption of legal meaning and ground a new challenge to textualism’s claim to promote fair notice. As a case study, we consider Bostock v. Clayton County, Georgia, which held that both sexual orientation and gender identity discrimination are prohibited forms of sex discrimination. The Article’s empirics and theory offer a new justification of the Court’s landmark decision. (shrink)

(1988). The origins of courtliness—civilizing trends and the formation of courtly ideals 939–1210. History of European Ideas: Vol. 9, No. 3, pp. 344-346.

With advances in genetic technology, there are increasing concerns about the way in which genetic information may be abused, particularly in people at increased genetic risk of developing certain disorders. In a recent case in Hong Kong, the court ruled that it was unlawful for the civil service to discriminate in employment, for the sake of public safety, against people with a family history of mental illness. The plaintiffs showed no signs of any mental health problems and no genetic (...) testing was performed. This was the first case concerning genetic discrimination in common law jurisdictions, therefore the court's judgment has implications for how genetic discrimination cases may be considered in the future. The court considered it inappropriate to apply population statistics or lifetime risks to individuals while examining fitness for work. It recommended an individualised assessment of specific risks within the job, relative to other risks posed by that workplace. (shrink)

The papers collected in the present volume arose from a 2009 seminar organized by the Society of Legal Scholars and the University of Birmingham, and convened at the Law Society’s Hall in Bristol, England. The seminar, “Judges and Jurists: Reflections on the House of Lords,” commemorated the centenary of the Society; and it chiefly focused on the transition from the House of Lords, as the U.K.’s court of final appeals, to the prospects of the newly instituted United Kingdom Supreme (...) Court. “The aim of the volume,” according to the book-jacket description, “is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.” Given the aims of the Society of Legal Scholars, considerable focus is placed on the relationship between the work of judges and that of scholars of law and jurisprudence. The book pervasively highlights the continuing voice of the scholars. Though their writings have no legal authority, the volume’s editor remarks in his Introduction that in 2009, “in six out of the seven final decisions of the House, reference was made to academic literature” (p. 2). (shrink)

Believing that the law is "a rich repository of moral knowledge" and that moral rules gain full reality only in their application to concrete cases, the author, a professor of law, examines actual court cases for the moral conflicts they reveal and the moral insights they may yield. The aim is not merely to instruct the reader but to develop his ability to make wise moral choices by presenting, with full attention to their complexities, a number of difficult cases. (...) Professor Cahn's analyses are carried out with wisdom and sensitivity.--R. G. S. (shrink)

This book, first published in 1940, accomplishes three tasks: 1) it gives a lucidly fascinating account of the theology underlying St. Bernard's diagnosis of man's condition and the cure proposed by him--monastic asceticism leading to mystical union; 2) it rectifies misinterpretations of St. Bernard's doctrine of carnal love as the first step to pure love; and 3) it uncovers the major sources of this system of theology: Cicero, Augustine, the Epistle of St. John, Dionysius and the Rule of St. Benedict. (...) The interest of the work is enhanced by appendices on Abelard, on the relation of Cistercian Mysticism to courtly love and on William of Saint-Thierry.--R. G. S. (shrink)

The unbridled use of modern medical skills and technology in preserving life at all costs has stimulated interest in expressing a 'right to die' by the legally competent patient who is anxious to protect his autonomy. Some recent decisions by American courts are seen to threaten this 'right to die' of competent patients and imply that legally incompetent patients including children should not have this right under any circumstances, even when expressed on their behalf by guardians, nearest relatives or parents. (...) It is argued that this is contrary to 'natural justice' as viewed by most people. It should be possible to develop procedures which are protective of the basic 'right to life' of the incompetent yet will recognise circumstances where they could be allowed to die. This paper was presented at the 1983 annual conference of the London Medical Group, 'Human Rights in Medicine'. (shrink)