The Yale Law Journal

Results for 'locke'

Seeking Equity in Electronic Monitoring: Mounting a Bearden Challenge

; Alexa Van Brunt & Locke E. Bow… Fiona Doherty, Obey All Laws and Be Good: Probation and the Meaning of Recidivism, 104 Geo. L.J. 2… While, of course

Forum: Felon Re-Enfranchisement and the Problem of “Lost” Rights

criminal wrongdoer… See Green, 380 F.2d at 451 (quoting John Locke, The Second Treatise: An Essay Concerning the True … See Johnson, 624 F.3d at 746, 749

Forum: AI and Captured Capital

law of property would accord workers property rights to the data created by their labor. John Locke argues that any time an individual invests their

Why Protect Religious Freedom?

say, following the seventeenth-century philosopher John Locke, that it is futile to attempt to use force to compel belief (or unbelief), because

Forum: The Capabilities Approach and Ethical Cosmopolitanism: A Response to Noah Feldman

contract. Although I spend some time on Locke and Kant, I choose to focus on Rawls’s theory because I believe that it is the strongest and most appealing

Forum: What It Takes to Write Statutes that Hold the Firearms Industry Accountable to Civil Justice

protect the welfare of all of its citizens. He arrives at this position in the Second Treatise of Government, John Locke, Two Treatises of Government (Peter

Natural Rights and the First Amendment

volitional. Unlike “Volition, or Willing,” John Locke explained, “in bare naked Perception the Mind is, for the most part, only passive; and what it

The Moral Ambiguity of Public Prosecution

necessary concomitant … See A. John Simmons, Locke and the Right to Punish, 20 Phil. & Pub. Aff. 311, 311 (1991) (noting that discussions of the

Navassa: Property, Sovereignty, and the Law of the Territories

e.g., David Miller, Property and Territory: Locke, Kant, and Steiner, 19 J. Pol. Phil. 90, 90-93 (2011) (describing the individualist Lockean theory of

Aurelius’s Article III Revisionism: Reimagining Judicial Engagement with the Insular Cases and “The Law of the Territories”

Expanded to Include the Insular Cases and the Saga of Am… See, e.g., Retley Gene Locke, Jr., Absolute and Perpetual Liminality: The Insular Cases and Puerto