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713 full-text articles. Page 16 of 17.

Crime And Sacred Spaces In Early Modern Poland, Magda Teter 2010 Wesleyan University

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Libel In Mississippi, 1798-1832, Muriel Ann Everton 2010 University of Southern Mississippi

Libel In Mississippi, 1798-1832, Muriel Ann Everton

Dissertations

The Mississippi Territory officially became part of the United States in 1798. The territory was to be governed under the rules of the Northwest Ordinance, but those who went to govern the area found a culture that required the use of common law to settle the disputes arising from prior governments under other nations. With no precedents on which to rely, disputes led, at first, to dueling and then to libel cases. Both common law and common sense prevailed while many of the disagreements were aired publicly in newspapers. Mississippi’s first printer, Andrew Marschalk, using his First Amendment rights ...


Legal Comparability And Cultural Identity: The Case Of Legal Reasoning In Jewish And Islamic Traditions, 2010 Selected Works

Legal Comparability And Cultural Identity: The Case Of Legal Reasoning In Jewish And Islamic Traditions

JOSEPH E. DAVID

Comparativism is not only a means for political change, but also a heuristic tool for the legal historian within explanatory contexts. The comparability of the Islamic and Jewish legal systems in the medieval period is a typical case for comparative legal history repeatedly mentioned both by legal historiographers and by scholars of religious studies. Our aim is to examine the comparability of these legal systems in the light of modern comparative theories and methodologies: What makes these legal traditions comparable? Is it the theological proximity, the factual transplantations or perhaps the jurists’ jurisprudential self-understandings? Our test case will be one ...


Why The Dreyfus Affair Matters, Louis Begley 2010 University of Pennsylvania

Why The Dreyfus Affair Matters, Louis Begley

Lorraine Beitler Collection of the Dreyfus Affair Distinguished Lecture Series

Novelist and lawyer Louis Begley, author of Wartime Lies, About Schmidt, and Matters of Honor, presents his book Why the Dreyfus Affair Matters (Yale University Press, 2009). Begley investigates the abuses of judicial and military power that led to the persecution of Dreyfus for treason in 1894 and caused bitter divisions in French society for years afterward. His study sheds new light on the Affair and makes clear its continuing significance for contemporary American legal and political debates.

To download a podcast of the lecture, choose one of the additional files below. To view the event poster, select the Download ...


Books And Their Covers: Decorative Bindings, Beautiful Books, Karen S. Beck 2010 Boston College Law School

Books And Their Covers: Decorative Bindings, Beautiful Books, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2010 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on books related to the law with bindings that were decorative or otherwise of historic interest. Publication dates of featured books range from the 15th to the 20th century.


James Wilson And The Scottish Enlightenment, William Ewald 2010 University of Pennsylvania Law School

James Wilson And The Scottish Enlightenment, William Ewald

Faculty Scholarship

No abstract provided.


'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble 2010 DePaul University

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

School for New Learning Faculty Publications

No abstract provided.


Crime And Sacred Spaces In Early Modern Poland, Magda Teter 2010 Wesleyan University

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Division II Faculty Publications

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


The Railroads Must Have Ties: A Legal History Of Forest Conservation And The Oregon & California Railroad Land Grant, 1887-1916, Sean M. Kammer 2010 University of South Dakota School of Law

The Railroads Must Have Ties: A Legal History Of Forest Conservation And The Oregon & California Railroad Land Grant, 1887-1916, Sean M. Kammer

Dissertations, Theses, & Student Research, Department of History

Historians have! for the most part! left unchallenged a similar negative view of Edward H. Harriman, who headed both the Union Pacific and the Southern Pacific and was perhaps the most powerful of the railroad tycoons during the first decade of the twentieth century.4 Prior to Harriman's takeover of the Southern Pacific in 1901, that railroad's long-standing policy had been to subdivide and sell lands to farmers, miners, and loggers, the purpose being lito encourage long-term settlement, economic growth, and rail traffic," but Harriman questioned and ultimately rejected this policy.s In January 1903, he ordered the ...


Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz 2010 University of Nevada, Las Vegas

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Publications

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it ...


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee 2010 University of Pennsylvania

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

Faculty Scholarship

No abstract provided.


Governing Gambling In The United States, Maria E. Garcia 2010 Claremont McKenna College

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to ...


Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter 2010 University of Pennsylvania

Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter

Faculty Scholarship

No abstract provided.


The Ethic Of High Expectations, Jean Galbraith 2010 University of Pennsylvania Law School

The Ethic Of High Expectations, Jean Galbraith

Faculty Scholarship

No abstract provided.


The Right To Arms In The Living Constitution, David Kopel 2009 Denver University, Sturm College of Law

The Right To Arms In The Living Constitution, David Kopel

David B Kopel

This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century.

"Living constitutionalism" should be distinguished from "dead constitutionalism." Under the former, courts looks to objective referents of shared public understanding of constitutional values. Examples of objective referents include state constitutions, as well as federal or state laws to protect ...


Commerce In The Commerce Clause: A Response To Jack Balkin, David Kopel, Robert Natelson 2009 Independence Institute

Commerce In The Commerce Clause: A Response To Jack Balkin, David Kopel, Robert Natelson

David B Kopel

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.


State Court Standards Of Review For The Right To Keep And Bear Arms, David Kopel, Clayton Cramer 2009 Denver University, Sturm College of Law

State Court Standards Of Review For The Right To Keep And Bear Arms, David Kopel, Clayton Cramer

David B Kopel

Cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues. Although some people have claimed that state courts always use a highly deferential version of "reasonableness," this article shows that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring, and less restrictive means. Courts have also used categoricalism (deciding whether something is inside or outside the right) and narrow construction (to prevent criminal laws from conflicting with the right to arms). Even when formally applying "reasonableness," many courts have used reasonableness as a ...


Interpreting At The Tokyo War Crimes Tribunal, Kayoko Takeda 2009 Monterey Institute of International Studies

Interpreting At The Tokyo War Crimes Tribunal, Kayoko Takeda

Kayoko Takeda 武田珂代子

This artcile gives an overview of the interpreting arrangements at the Tokyo War Crimes Tribunal (1946–1948), focusing on some sociopolitical aspects of the interpreting phenomena, and discusses the behavior of the interpreters and monitors during the testimony of Hideki Tojo, Japan’s wartime Prime Minister. It provides a contextualized examination of court interpreting rather than a microlinguistic analysis of interpreted texts. The study demonstrates how political and social aspects of the trial and wartime world affairs affected the interpreting arrangements, especially the hierarchical set-up in which three ethnically and socially different groups of “linguists” (language specialists) performed three different ...


Aboriginal Gillnet Fishers, Science, And The State: Salmon Fisheries, Management On The Nass And Skeena Rivers, British Columbia, 1951-1961, Miriam Wright 2009 University of Windsor

Aboriginal Gillnet Fishers, Science, And The State: Salmon Fisheries, Management On The Nass And Skeena Rivers, British Columbia, 1951-1961, Miriam Wright

Miriam Wright

This essay focusses on the interactions between Department of Fisheries officials and Aboriginal gillnet fishers over science and fisheries regulations on the Nass and Skeena rivers of northern British Columbia in the 1950s and 1960s. Science was used by Western states to study, order, and regulate the natural world, as well as to justify their expanding intervention. This essay argues that although state officials attempted to use science to regulate the fishery, gain co-operation from the fishers, and mitigate tensions, the strategy did not work entirely as the officials expected.

Cet article examine les interactions entre les représentants du ministère ...


'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble 2009 DePaul University

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

Sara L Kimble

No abstract provided.


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