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Articles 1 - 16 of 16
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Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel
Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel
David B Kopel
Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the century after Jefferson …
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee
Jaimie K. McFarlin
The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino
Frederick Mark Gedicks
In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is somehow absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent. The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ineffective. What …
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow
John Barlow
No abstract provided.
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn
Geoffrey S. Corn
Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …
Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr
Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr
Alice de Jonge Dr
This paper explores the international law principles relevant to situations of sovereign bankruptcy. The paper argues for these principles to be kept in mind during debate over the handling of situations of actual or pending sovereign debt such as the EU is now experiencing with Greece.
Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren
Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren
Mathias Alfred Jaren
The thesis for this essay is that social work, acting for the benefit and welfare of others, can be accomplished effectively by non-lawyers employing an agenda of political and legal interventions. Legal interventions even as uncomplicated as filing an amicus curiae brief for some unknown defendant being prosecuted for an offense against his government can have significant and important long term implications. This thesis is examined in the context of a life devoted to civil liberties - The Life and times of Roger Nash Baldwin.
Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr
Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr
Alice de Jonge Dr
The paper explores modern intenational law principles applicable to situations of soverign debt crises and the manner in which such crises should be resolved.
Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid
Ali M Abid
Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …
Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta
Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta
Jesse Busta
This Note, entitled UNESCO’s Cultural Heritage Lists: Protecting Indigenous Traditional Sports and Games, will be the first to examine fully from a legal perspective a proposal to develop a means for protecting indigenous traditional sports and games, which are a valuable asset to all humanity. Protections are needed for indigenous traditional sports and games due to the harmful effects of globalization and the deviation of today’s people from their ancestors’ traditions. Currently, only tangible cultural heritage and limited intangible cultural heritage are protected by the United Nations Educational, Scientific, and Cultural Organization (“UNESCO”). Cultural heritage forms the backbone of human …
Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro
Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro
Juan Castro
In this paper I will present the historical background of the current Greek economic crisis. I will delve into the causes of the fiscal and current-account deficits since Greece’s euro entry in 2001. In addition to the economic and financial information provided, I will also present cultural aspects and differences between Greece and its surrounding neighbors, primarily Germany, and how moral hazard has exacerbated the conflict. Further I will discuss the legality of the countermeasures and solutions presented and how these encroach upon European Union law treaties. Lastly I will conclude that in order for Greece and Germany to stabilize …
Dropped In Tripoli; Exploded In New York: Assessing The Collateral Consequences Of Nato’S [Mi]Sleading Intervention In Libya, Eberechi Ifeonu
Dropped In Tripoli; Exploded In New York: Assessing The Collateral Consequences Of Nato’S [Mi]Sleading Intervention In Libya, Eberechi Ifeonu
Eberechi Ifeonu
Few days after the bloodied former Libyan President, Colonel Muammar al-Gaddafi was arrested and hurled into a steaming vehicle and subsequently killed by his captors – an image that not only became an instant hit on YouTube but nearly bested that of the pop sensation, Justin Bieber – NATO announced the end of its “humanitarian mission” in Libya. While the mood in the African region, at best, was that of subdued resignation, in the West, there was a palpable air of accomplishment as leaders and the media celebrated what was regarded as the epiphany of a renewed commitment by the …
The Asylum Law Of The Particular Social Group, Matthew Paul Nickson
The Asylum Law Of The Particular Social Group, Matthew Paul Nickson
Matthew Paul Nickson
No abstract provided.