Some Realism about Pluralism: Legal Realist Approaches to the First Amendment

Some Realism About Empiricism

The First Amendment Right to Speak About the Human Genome.

This article explores whether laws that restrict the communication of genetic test results may, under certain circumstances, violate the First Amendment to the U.S. Constitution. The focus is whether investigators have a right to return results from non-CLIA-certified laboratories in situations where a research participant requests the results and the investigator is willing to share them but i...

The Internet, Legal Regulation and Legal Pluralism

Considerable academic effort is being expended in considering how to regulate various activities on the internet, particularly those as relate to obscene material, breaches of privacy and challenges to intellectual property rights. Post and Johnson (1997) offer the following solution which is typical; 'We believe that the most obvious answer to this question -existing territorial sovereigns -ma...

The uncritical realism of realist evaluation

This paper is a response to Ray Pawson’s critique of critical realism, the philosophy of science elaborated by Roy Bhaskar. I argue that Pawson misinterprets critical realism’s positions on both natural and social science. His charges concerning its totalising ontology, its arrogant epistemology, and its naive methodology are largely unfounded, such that the differences between critical realism...

Jurisprudential-Legal Approaches to Stem Cells Technology

Introduction: Along with the use of stem cells technology, many jurisprudential, moral, and legal challenges have been created, including the exploitation of women, intentional abortion, conversion embryos into commodities, stem cells trade, breaking the human dignity, and threats caused by biological agents. Elimination of such possible consequences requires drafting laws and legal mechanisms ...