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La Traversée Des Savoirs Dans Le Roman Africain, Justin K. Bisanswa

Présence Francophone: Revue internationale de langue et de littérature

The African novel refers to a socio-political as well as a literary History, but does so with guile, expressing this History from an angle. Referring constantly to the social and human sciences, to the point of competing with them, the novel vacillates between dependency and autonomy. It thus proposes a specific knowledge of society, its functioning, and the individuals who constitute it. However, its true intention is not to copy the world, nor even to imitate its life, but to provide a miniaturized replica of both, and set itself up as a vast metonymic duplicate of a certain universe.

Historical Background: Evolution Of The International Criminal Law, Individual Criminal Accountability And The Idea Of A Permanent International Court, Cenap Cakmak

Human Rights & Human Welfare

© Cenap Cakmak. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

A Rhetoric For Ratification: The Argument Of The Federalist And Its Impact On Constitutional Interpretation, Dan T. Coenen

Duke Law Journal

Courts, lawyers, and scholars have long assumed that The Federalist Papers supply important information for use in constitutional argument and interpretation. In recent years, commentators have questioned this view. Their skepticism grows out of two major concerns. First, Justice Scalia's challenge to the use of legislative history in the statutory context casts a cloud over judicial use of background texts such as The Federalist in seeking the meaning of the Constitution. Second, even if courts may rely on some background materials in interpreting the Constitution, there is reason to conclude that The Federalist. does not qualify as the sort of …

Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green

International Law Studies

No abstract provided.

The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald

Michigan Telecommunications & Technology Law Review

In June, 2005, the United States Supreme Court set forth an "inducement" rule in MGM Studios, Inc. v. Grokster, Ltd. that imposes secondary liability on "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." The Court emphasized the limitations of the liability standard it was setting forth, stating that the target was only "purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise." Yet, the liability standard set forth in Grokster …

Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton

Michigan Telecommunications & Technology Law Review

The debate over databases protection has failed to identify and discuss some of its most basic and preliminary assumptions, accepting instead many of the historical aspects involved as given. This Article therefore seeks to challenge these underlying assumptions by providing a fresh look at the historical dimension of the debate. One common argument regarding database protection is that the U.S. Supreme Court decision in Feist v. Rural Publications Inc. brought about a dramatic change in the legal landscape, displacing the then-accepted "sweat of the brow" rationale for protecting rights in databases. This Article's historical analysis therefore thoroughly examines the treatment …

The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese

Michigan Telecommunications & Technology Law Review

The copyright issues raised by "dual-use" technologies--equipment that can be used both in ways that infringe copyright and in ways that do not--first gained prominence in connection with the litigation over videocassette recorders that culminated in the Supreme Court's decision in Sony in 1984. Copyright owners had asserted that Sony's manufacture and distribution of VCRs rendered it liable for copyright infringement committed by customers using their Sony VCRs. The Supreme Court in Sony concluded that copyright law did not impose such secondary liability where the device in question was capable of substantial noninfringing uses (and that the VCR was such …

The Future Of Apologies, Aaron Lazare

New England Journal of Public Policy

Aaron Lazare spoke on the topic of apologies at the inauguration of Chancellor Michael Collins at the University of Massachusetts Boston. This text is taken from Lazare’s 2004 book On Apology published by Oxford University Press and reprinted here with permission.

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Function Over Form: Reviving The Criminal Jury's Historical Role As A Sentencing Body, Chris Kemmitt

University of Michigan Journal of Law Reform

This Article argues that the Supreme Court, as evinced by its recent spate of criminal jury decisions, has abandoned the criminal jury known to the Founders and, in so doing, has severely eroded the protections intended to inhere in the Sixth Amendment jury trial right. It then proposes one potential solution to this problem.

According to the Supreme Court, this recent line of cases has been motivated by the need to preserve the "ancient guarantee" articulated in the Sixth Amendment under a new set of legal circumstances. Unfortunately, the Court misinterprets the ancient guarantee that it is ostensibly attempting to …

Book Reviews, Jean F. Hankins, David Chaplin, Chris Potholm, Joyce Butler

Maine History

Reviews of the following books: Mill Girls and Strangers: Single Women's Independent Migration in England, Scotland and the United States, 1850-1881 by Wendy M. Gordon; Hauling by Hand: The Life and Times of a Maine Island by Dean Lawrence Lunt; Twelve Thousand Years: American Indians in Maine by Bruce J. Bourque with contributions by Steven L. Cox and Ruth H. Whitehead; Alnobak: A Story of Indigenous People in Androscoggin County by Nancy Coffin Lecompte

Killing, Cheating, Legislating, And Lying: A History Of Voting Rights In South Carolina After The Civil War, W. Lewis Burke

South Carolina Law Review

No abstract provided.

Two Spirits, Two Eras, Same Sex: For A Traditionalist Perspective On Native American Tribal Same-Sex Marriage Policy, Jeffrey S. Jacobi

University of Michigan Journal of Law Reform

Recently, several states amended their constitutions to define marriage as only a union between a man and a woman. Many Native American Indian tribal governments thereafter also adopted laws prohibiting homosexual marriages. However, this new policy conflicts with traditional tribal values. This Note shows that historically many tribes accepted and even honored same-sex unions. This Note proposes that tribes consider their traditions as they existed before European contact, and argues that, for some tribes, same-sex civil unions are a historically and culturally appropriate answer to the modern objections to same-sex marriage.

A Review Of The Accounting Role In Ancient And Colonial Period: A Case Study Of Indonesian Telecomunication Industry, Indra Bastian

Jurnal Akuntansi dan Keuangan Indonesia

A development of accounting analysis has been a reflection of a linkage among government, industry and company. In this paper, the linkage has been legitimated as politicalfactors dominated a development of telecommunication industry and its companies. One of main findings is that accounting in Indonesia actually has been recognised since an ancient kingdom era. Some accounting practices, such as a tariff of upeti pnd mahar, have existed in ancient kingdom traditions. This means that accounting, whether in private and public sectors, has been implemented in the past. An economic recession has affected the telecommunication industry dramatically. Profit felt and a …

Bad History: The Lure Of History In Establishment Clause Adjudication, Steven K. Green

Notre Dame Law Review

No abstract provided.

Nature And Grace In Bavinck, Jan Veenhof

Pro Rege

This paper is Dr. Al Wolters’ “translation of twenty pages from Dr. Jan Veenhof’s dissertation on Bavinck, titled Revelatie en Inspiratie.” Dr. Veenhof succeeded G. C. Berkouwer in the chair for dogmatic theology at the Free University in Amsterdam, then went on to teach at the universities of Basel and Bern and for one semester at Calvin Theological Seminary. As emeritus, he is still involved in theological and pastoral work.

The Aftermath Of In Re 2001 Redistricting Cases: The Need For A New Constitutional Scheme For Legislative Redistricting In Alaska, Gordon S. Harrison

Alaska Law Review

No abstract provided.

Graebner, Norman A. 1989. Empire On The Pacific: A Study In American Continental Expansion. Claremont: Regina Books., Jeremy Shier

ESSAI

No abstract provided.

Twelfth-Century London And The Influences On Its Development, Janelle A. Jenkins

ESSAI

No abstract provided.

Edith And Ediva: Two Women Of The Middle Ages, Maren Ann Mckee

ESSAI

No abstract provided.

You Say Takings, And I Say Takings: The History And Potential Of Regulatory Takings Challenges To The Endangered Species Act, Darren Botello-Samson

Duke Environmental Law & Policy Forum

No abstract provided.

Understandable Worry, Understandable Frustration: The Christian Reformed Church's Long Journey From One College To Multiple Colleges: 1916-1962, Nicholas Davelaar

Pro Rege

No abstract provided.

Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, And Civil Liberties In Nineteenth Century America, Daniel F. Piar

William & Mary Bill of Rights Journal

No abstract provided.

Human Rights In Guatemala, Jennifer Archibald

Human Rights & Human Welfare

Thirty six years of civil war affected human rights negatively in Guatemala. Many actors that violated human rights were also victims of human rights violations; a complex series of events that has still not been fully resolved today.

Table Of Contents

Constructing the Past

No abstract provided.

Letter From The Editors, Melissa Koeppen, Rachael Schulmann

Constructing the Past

No abstract provided.

Architecture Of The Millennium: Catharine Beecher, Domestic Economy, And Social Reform, Erie M. Roberts

Constructing the Past

This article discusses Catherine Beecher's ideas about how women, as the Christian moral center and teachers, could reform American society. She put homemakers at a center of power, since she believed that they would be able to not only teach children to become true Christian citizens, but reform men as well.

"Connected And Unified?": A More Critical Look At Frederick Jackson Turner's America, Megan Mondi

Constructing the Past

This article critiques Turner's view of American westward expansion, especially his assertion that Americans have a unified experience and set of characteristics.

Orthodoxy As A Means Of Becoming Good Jewish Americans: Two Jewish Orphanages In Chicago, Natlie Burda

Constructing the Past

This article compares and contrasts the two Jewish orphanages in Chicago--the Chicago House and the Marks Nathan Home. It focuses on the differences between the German Jewish immigrants and the Eastern European Jews and how these differences affected the orphanages.

Reforming The Stage And Screen: How Expectations, Audiences, And Economics Shaped The Film And Theatre Censorship Movements In Early-1930s New York, Jenna Simpson

Constructing the Past

This article discusses the efforts made in the early 20th century to censor certain things in both the movies and in theatre. It also discusses the differences between the two forms of entertainment and how they were viewed differently in public perceptions.