Open Access. Powered by Scholars. Published by Universities.®

Arts and Humanities Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 7855

Full-Text Articles in Arts and Humanities

All Things To All People, Part One, Peter Aschenbrenner Jan 2105

All Things To All People, Part One, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Homophobia, Human Rights And Diplomacy, Douglas Janoff Nov 2017

Homophobia, Human Rights And Diplomacy, Douglas Janoff

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral forums ...


Gender, Displacement And Transitional Justice, Sinead Mcgrath Nov 2017

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack Nov 2017

Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In 1994, the United States ratified the United Nations’ core anti-racism treaty, ICERD. Although it has been more than two decades since the United States became a member to the multilateral agreement, a wide range of scholarship determines that the nation is not in compliance with the treaty. Little of this research focuses on gender. This paper intervenes with the research by conducting a gendered analysis, with a focus on African American women, of key areas where the US is not meeting its duties to the multilateral agreement.

This manuscript proves that, first, the United States does not comply with ...


Indigenous Rights In The Trump Era, Tereza M. Szeghi Nov 2017

Indigenous Rights In The Trump Era, Tereza M. Szeghi

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.


Of Law And Other Artificial Normative Systems, Mitchell N. Berman Sep 2017

Of Law And Other Artificial Normative Systems, Mitchell N. Berman

Faculty Scholarship

Different theories of law are situated within different pictures of our normative landscape. This essay aims to make more visible and attractive one picture that reflects basic positivist sensibilities yet is oddly marginalized in the current jurisprudential literature. The picture that I have in mind tries to vindicate surface appearances. It maintains that the social world is densely populated by countless normative systems of human construction (“artificial normative systems”) whose core functions are to generate and maintain norms (oughts, obligations, powers, rights, prohibitions, and the like). The norms that these systems output are conceptually independent from each other, and may ...


The Pastor On The Witness Stand: Toward A Religious Privilege In The Courts, Michael Clay Smith Sep 2017

The Pastor On The Witness Stand: Toward A Religious Privilege In The Courts, Michael Clay Smith

The Catholic Lawyer

No abstract provided.


Discrete Tax Issues For Clergy And Religious, Deirdre A. Dessingue, Esq. Sep 2017

Discrete Tax Issues For Clergy And Religious, Deirdre A. Dessingue, Esq.

The Catholic Lawyer

No abstract provided.


Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois Sep 2017

Church-State Cases, James E. Serritella, Reuben & Proctor Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference Sep 2017

Church-State Cases, Wilfred R. Caron, General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Determining Death: The Legal And Theological Aspects Of Brian-Related Criteria, J. Stuart Showalter Sep 2017

Determining Death: The Legal And Theological Aspects Of Brian-Related Criteria, J. Stuart Showalter

The Catholic Lawyer

No abstract provided.


Religion, Sanity, And The Law, Anthony Hofler Sep 2017

Religion, Sanity, And The Law, Anthony Hofler

The Catholic Lawyer

No abstract provided.


Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp Sep 2017

Influences Of An "Annulment Mentality", Cornelius J. Van Der Poel, C.S.Sp

The Catholic Lawyer

No abstract provided.


Balancing Rights: The Modern Problem, Rev. Thomas A. Russman Sep 2017

Balancing Rights: The Modern Problem, Rev. Thomas A. Russman

The Catholic Lawyer

No abstract provided.


Rediscovering Realism In Ethics, Rev. Ronald D. Lawler Sep 2017

Rediscovering Realism In Ethics, Rev. Ronald D. Lawler

The Catholic Lawyer

No abstract provided.


The Problem Of Unjust Laws, Charles E. Rice Sep 2017

The Problem Of Unjust Laws, Charles E. Rice

The Catholic Lawyer

No abstract provided.


Critical Developments In The Vow Of Poverty Area And Update On Unrelated Business, Charles M. Whelan, S.J., Professor Of Law, Fordham Law School; Office Of General Counsel, United States Catholic Conference Sep 2017

Critical Developments In The Vow Of Poverty Area And Update On Unrelated Business, Charles M. Whelan, S.J., Professor Of Law, Fordham Law School; Office Of General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois Sep 2017

National Labor Relations Board V. Catholic Bishop Of Chicago, James E. Serritella, Reuben & Proctor, Chicago, Illinois

The Catholic Lawyer

No abstract provided.


Revenue Ruling 78-248, Thomas A. Horkan, Executive Director, Florida Catholic Conference Sep 2017

Revenue Ruling 78-248, Thomas A. Horkan, Executive Director, Florida Catholic Conference

The Catholic Lawyer

No abstract provided.


Tax Exemptions Of Private Schools - The Impact Of Internal Revenue Service Proposals On The Catholic School System, John S. Nolan, Miller And Chevalier, Washington, D.C. Sep 2017

Tax Exemptions Of Private Schools - The Impact Of Internal Revenue Service Proposals On The Catholic School System, John S. Nolan, Miller And Chevalier, Washington, D.C.

The Catholic Lawyer

No abstract provided.


Religion, Sincerity, And Free Exercise, Peter J. Riga Sep 2017

Religion, Sincerity, And Free Exercise, Peter J. Riga

The Catholic Lawyer

No abstract provided.


The Canonical Concept Of Marital Consent: Roman Law Influences, Rev. Joseph N. Perry Sep 2017

The Canonical Concept Of Marital Consent: Roman Law Influences, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.


Beware The Mammoni: My Search To Understand Domestic Violence In Italian-American Culture And Rhode Island's Family Court, Anne Grant Sep 2017

Beware The Mammoni: My Search To Understand Domestic Violence In Italian-American Culture And Rhode Island's Family Court, Anne Grant

Dignity: A Journal on Sexual Exploitation and Violence

Since I disapproved of stereotypes, I found myself trying to comprehend Italian-American culture after I became executive director of the largest shelter in Rhode Island for battered women and their children. Many of those I met were fleeing Italian-American men. On 60 Minutes, Lesley Stahl reported from Italy about the large number of single men who still live with their parents and are known as mammoni, or “mama’s boys.” Their mothers dutifully cook and clean for them. The Roman Catholic Church’s view of the Holy Family reinforces mammoni culture. I learned that Rome’s founding legend starts with ...


Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik Sep 2017

Revisiting The American Church-State Relationship: The Trinity Lutheran Church Case, Jack Van Der Slik

Pro Rege

No abstract provided.


The New International Economic Order And Christian Charity, Lilia R. Bautista Aug 2017

The New International Economic Order And Christian Charity, Lilia R. Bautista

The Catholic Lawyer

No abstract provided.


The New International Economic Order: Christian Principles Between Developed And Developing Countries, Carolyn J. Slasinski Aug 2017

The New International Economic Order: Christian Principles Between Developed And Developing Countries, Carolyn J. Slasinski

The Catholic Lawyer

No abstract provided.


The Law Of The Child - In A Changing World, Leonor Ines Luciano Aug 2017

The Law Of The Child - In A Changing World, Leonor Ines Luciano

The Catholic Lawyer

No abstract provided.


The Rights Of The Child - What Can An International Body Of Catholic Jurists Do?, Christine Godsil Cooper Aug 2017

The Rights Of The Child - What Can An International Body Of Catholic Jurists Do?, Christine Godsil Cooper

The Catholic Lawyer

No abstract provided.


An Open Letter To The President Of The International Court Of Justice, Kedar Joshi Aug 2017

An Open Letter To The President Of The International Court Of Justice, Kedar Joshi

Kedar Joshi

The present situation is that if I reactivate my Facebook and/or Pinterest accounts (where I have my entire research on the subject matter of Kali Yuga developed as well as published) I will be arrested within a matter of few hours. Nevertheless, my argument is that the Republic of India has no moral right to arrest me, since I can prove it to the World Court that the republic is not only against my (Hindu) religion, but even constitutionally speaking, it is, in fact, neither secular nor democratic, but is rather autocratic.

Since the International Court of Justice, however ...