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Introduction
Linda E. Carter and Jennifer Schense
Jennifer Schense and Linda Carter, Introduction, in TWO STEPS FORWARD, ONE STEP BACK: THE DETRIMENTAL EFFECT OF INTERNATIONAL TRIBUNALS, at 1 (Jennifer Schense and Linda Carter co-ed., International Nuremberg Principles Academy 2016).
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A Brief History of the Idea of Opportunity
William B. Gartner, Bruce T. Teague, Ted Baker, and R. Daniel Wadhwani
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Keys to the toolbox: College administrators and the academic success of students with physical disabilities a qualitative case-study
Jacalyn M. Griffen and Tenisha L. Tevis
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Pharmacology Principles in Sedation
Adam M. Kaye, Julie A. Gayle, Aaron J. Kaye, Richard D. Urman, and Alan D. Kaye
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Tranexamic Acid
Adam M. Kaye, Alan D. Kaye, Shilpadevi S. Patil, Debbie A. Chandler, and Elyse M. Cornett
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A Revisionist Historiography of Business History: A Richer Past for a Richer Future
Matthias Kipping, Takafumi Kurosawa, and R. Daniel Wadhwani
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Visual Phenomenology
Michael Madary
Phenomenological and empirical methods of investigating visual experience converge to support the thesis that visual perception is an ongoing process of anticipation and fulfillment.
In this book, Michael Madary examines visual experience, drawing on both phenomenological and empirical methods of investigation. He finds that these two approaches—careful, philosophical description of experience and the science of vision—independently converge on the same result: Visual perception is an ongoing process of anticipation and fulfillment.
Madary first makes the case for the descriptive premise, arguing that the phenomenology of vision is best described as on ongoing process of anticipation and fulfillment. He discusses visual experience as being perspectival, temporal, and indeterminate; considers the possibility of surprise when appearances do not change as we expect; and considers the content of visual anticipation. Madary then makes the case for the empirical premise, showing that there are strong empirical reasons to model vision using the general form of anticipation and fulfillment. He presents a range of evidence from perceptual psychology and neuroscience, and reinterprets evidence for the two-visual-systems hypothesis. Finally, he considers the relationship between visual perception and social cognition. An appendix discusses Husserlian phenomenology as it relates to the argument of the book.
Madary argues that the fact that there is a convergence of historically distinct methodologies itself is an argument that supports his findings. With Visual Phenomenology, he creates an exchange between the humanities and the sciences that takes both methods of investigation seriously.
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Environmental law and freshwater ecosystems
Stephen C. McCaffrey
This chapter focuses on the contributions of the International Court of Justice to environmental law in two cases involving Nicaragua, which have been many and significant. The judgment in the two cases considered, the Certain Activities and Construction of a Road cases, contains a wealth of material bearing upon the law of wetlands of international importance, governed by the Ramsar Convention, transboundary pollution, and the right of a state to maintain the flow and navigability of a watercourse within its borders. These cases also illustrate the challenges posed by cases involving substantial evidence of a scientific and technical nature, as well as those that deal with harm that builds incrementally. Finally, the Court’s judgment in the two cases shows that the Court is fully prepared to hold States to their procedural obligations in the field of the environment but that it will require clear and convincing evidence of harm before finding a breach of the obligation to prevent transboundary environmental harm.
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Promoting Equity, Cooperation and Innovation in the Fields of Transboundary Waters and Natural Resources Management: The Legacy of Dr. David J.H. Phillips
Stephen C. McCaffrey
Promoting Equity, Cooperation and Innovation in the Fields of Transboundary Waters and Natural Resources Management offers publications and essays by colleagues around the world on the prolific work and scientific contribution of Dr David J.H. Phillips, giving insight into a remarkable and ingenious scientist who lived life to the utmost.
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The Evolution of International Law Relating to Transboundary Waters
Stephen C. McCaffrey
Stephen C. McCaffrey, The Evolution of International Law Relating to Transboundary Waters, in ROUTLEDGE HANDBOOK OF WATER LAW AND POLICY, at 205 (Alistair Rieu-Clarke, Andrew Allan & Sarah Hendry, eds., 2017)
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Gadamer and law
Francis J. Mootz III
Hans-Georg Gadamer's philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer's philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer's hermeneutical philosophy. Part I considers the relevance of Gadamer's philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer's significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
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Getting Over the Originalist Fixation
Francis J. Mootz III
Getting Over the Originalist Fixation, in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy (Brian G. Slocum, ed., University of Chicago Press 2017).
New Originalism is founded on the "Fixation Thesis," the claim that the meaning of a legal text is fixed at the time of enactment. Professor Larry Solum has done the best job of articulating this thesis and explaining that it, in itself, does not have normative implications for legal theory. Using Solum as my interlocutor, I argue that the Fixation Thesis is false. Drawing from the Philosophical Hermeneutics of Hans-Georg Gadamer, I argue that the Fixation Thesis falsifies the experience of meaning as the result of hermeneutical activity. By neglecting the ontology of human understanding, legal theorists permit the New Originalist program to get off the ground with an intuitive appeal to a "fixed" meaning. Later efforts to argue on behalf of a "living constitution" wilt in the face of the desire for constraint; who can successfully argue against the comforting fantasy of judges who discern objective meaning without having to make judgments? The Fixation Thesis is aptly named. As Freud emphasized, fixations are a failure to achieve full maturity by getting stuck at a stage of development. I argue that the Fixation Thesis represents a stunted inability to move beyond a certain stage of development in legal theory, and that we are best counseled to overcome the Fixation Thesis therapeutically. The desire for certainty is a powerful motivating force in our lives, giving rise to all manner of confused self-understandings that cloak our nature and provide some measure of psychological comfort in the face of our human condition. As painful as it may be, though, it is time to wean ourselves of the Fixation Thesis in law.
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The Guidebook to Molar Endodontics
Ove A. Peters
This volume offers readers a pragmatic approach to endodontic therapy for permanent molars, based on up-to-date evidence. All chapters were written by experts in the field, and focus on preparation for treatment, vital pulp therapy, access cavity preparation, root canal shaping, outcome assessment, retreatment, apical surgery, and specific aspects of restorations for root canal-treated molars. The role of micro-CT data in visualizing canal anatomy is compared to cone beam CT, and detailed information on current clinical tools, such as irrigation adjuncts and engine-driven preparation tools is provided. Important steps are illustrated in clinical photographs and radiographs, as well as by schematic diagrams. Tables and check boxes highlight key points for special attention, and clinical pitfalls. Guiding references are provided. Performing molar endodontics is often a daunting prospect, regardless of the practice setting. This is where “Molar Endodontics” is an ideal source of guidance for practitioners. Special devices and recent innovations in apex locators and nickel-titanium instruments have, however, made procedures significantly easier and more practical for non-specialists. This book will help conscientious clinicians to master molar endodontics with well-described and established clinical methods.
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Latin American Women Filmmakers: Social and Cultural Perspectives
Traci Roberts-Camps
Women are noticeably marginalized from the Latin American film industry, with lower budgets and inadequate distribution, and they often rely on their creativity to make more interesting films. This book highlights the voices and stories of some of these directors from Brazil, Chile, Argentina, and Mexico. Roberts-Camps’s insightful exploration is the most broad-ranging account of its kind, making the book relevant to the study of literature as well as film.
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Tapping transboundary waters: Implications of the right to water for states sharing international watercourses
Anna F. S. Russell and Stephen C. McCaffrey
INTRODUCTION With population growth, and economic and agricultural development, placing greater strain on the world’s limited supply of freshwater, reliable access to clean water is becoming increasingly difficult to secure. Watercourses on all continents are under threat of overuse, increased pollution and in certain cases, large-scale diversion. Not only has the sector faced historical neglect and poor governance, but climate change poses additional challenges for managing the sector and protecting the resource. The political geography of the planet is dominated by international drainage basins, yet the obligations of governments towards individuals in other countries relying on shared waters are unclear. Traditionally, the law of human rights has protected the individual against his or her government, not against actions of governments of other countries. Thus, for instance, the failure of an individual’s government to take steps to progressively ensure access to adequate water would generally constitute a human rights violation. And, in fact, for most people who lack access to water, the problem lies internally within that country, and does not relate to use of a transboundary watercourse. However, if an individual’s lack of access to water is due to a neighbouring State’s use of an international watercourse, has that State violated the individual’s right to water? This chapter examines the implications of recognition of a human right to water for States sharing international watercourses. Section 2 provides some contextual background to transboundary water disputes and examples of uses of international watercourses that could infringe the human rights of individuals living in co-riparian States. Section 3 examines arguments relating to potential extraterritorial obligations of States to respect, protect and fulfil the right to water in the context of transboundary watercourses. Section 4 reviews accountability mechanisms for holding States responsible for any extraterritorial violations of the right to water. Section 5 discusses the influence of the right to water on existing international watercourse law along with suggestions as to how the right to water may inform the workings of international institutions (e.g. joint commissions) responsible for the management of such transboundary waters. CONTEXTUAL SETTING: RISING TENSIONS OVER THE USE OF INTERNATIONAL WATERCOURSES International river basins ‘generate roughly 60 per cent of the global freshwater flow and are home to approximately 40 per cent of the world’s population’.
A selection of books and book chapters written or edited by faculty at the University of the Pacific.
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