Arts and Humanities Commons^™

The Scottish And English Religious Roots Of The American Right To Arms: Buchanan, Rutherford, Locke, Sidney, And The Duty To Overthrow Tyranny, David B. Kopel

David B Kopel

Many twenty-first century Americans believe that they have a God-given right to possess arms as a last resort against tyranny. One of the most important sources of that belief is the struggle for freedom of conscience in the United Kingdom during the reigns of Elizabeth I and the Stuarts. A moral right and duty to use force against tyranny was explicated by the Scottish Presbyterians George Buchanan and Samuel Rutherford. The free-thinking English Christians John Locke and Algernon Sidney broadened and deepened the ideas of Buchanan and Rutherford. The result was a sophisticated defense of religious freedom, which was to …

The Religious Roots Of The American Revolution And The Right To Keep And Bear Arms, David B. Kopel

David B Kopel

This article examines the religious background of the American Revolution. The article details how the particular religious beliefs of the American colonists developed so that the American people eventually came to believe that overthrowing King George and Parliament was a sacred obligation. The religious attitudes which impelled the Americans to armed revolution are an essential component of the American ideology of the right to keep and bear arms.

Beyond The Janus Face Of Zionist Legalism: The Theo-Political Conditions Of The Jewish Law Project, Joseph David

JOSEPH E. DAVID

No abstract provided.

De Seks Is Hard Maar Seks (Dura Sex Sed Sex). Het Arrest K.A. En A.D. Tegen België, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Op 17 februari 2005 sprak het Europees Hof van de Rechten van de Mens zich unaniem uit over de zaak van de "sadomasochistische" Mechelse rechter K.A. en één van zijn kompanen, de geneesheer A.D. De verzoekers vangen echter bot want hun klacht tegen hun veroordeling door de Belgische rechters werd door het Straatsburgse Hof afgewezen. Aangezien wij in Panopticon 1998/4 de Belgische uitspraken in deze zaak aan een kritische lectuur hadden onderworpen, hebben wij het Straatsburgse verdict dus met enige terughoudendheid en vrees onder de loep genomen. Op het eerste gezicht leken niet alleen de verzoekers maar ook wijzelf het …

Gij Zult Straffen Om De Mensenrechten Te Beschermen ! De Strafbaarstelling Als Positieve Staatsverplichting, Paul De Hert, Serge Gutwirth

Serge Gutwirth

Are human rights calling for penalisation ?

Grondrechten: Vrijplaatsen Voor Het Strafrecht ? Dworkins Amerikaanse Trumpmetafoor Getoetst Aan De Hedendaagse Europese Mensenrechten, Serge Gutwirth, Paul De Hert

Serge Gutwirth

Fundamental rights as 'trumps' against criminal law ? An analysis of European human rights inspired by Dworkins Trump metaphor. (in Dutch)

Santa Clara Magazine, Volume 47 Number 3, Winter 2005, Santa Clara University

Santa Clara Magazine

8 - AFTER AMERICA by Deepa Arora. Thomas J. Reese, S.J., the former editor of the Jesuit weekly magazine, America, is spending a sabbatical year at SCU. He sat down for an exclusive interview with SCM to reflect on what he has witnessed, what inspires him, and the future of the Church.

16 - A HALF-CENTURY OF ART AND HISTORY AT SCU by Victoria Hendel De La O. "Through its exhibitions and collections, the museum allows students and faculty to expand the walls of the classroom," says Rebecca M. Schapp, director of the de Saisset Museum, which is celebrating its …

The Promise And Limitations Of International Human Rights Activism, Rebecca Evans

Human Rights & Human Welfare

A review of:

Breaking Silence: The Case that Changed the Face of Human Rights by Richard Alan White. Washington D.C.: Georgetown University Press, 2004. 320 pp.

Boomerangs Of Academic Freedom, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Ted Steele case is an important episode in the defense of academic freedom in Australia. In addition, it offers a wealth of evidence on how a dismissal, perceived as an attack on academic freedom and free speech, can boomerang on the administration. Yet the matter is more complex than a simple boomerang: the actions of dissidents and unions can also boomerang. In this paper, I examine academic boomerang dynamics through a close analysis of the Steele case.

Human Rights And "Globalization", John J. Cerullo

The University Dialogue

No abstract provided.

Racial Interactions: A Demographic Perspective On Juror Biases In Deliberations, Jennifer K. Elek

Dissertations, Theses, and Masters Projects

No abstract provided.

Background For The “War On Terror”

Human Rights & Human Welfare

September 11 changed the United States’ understanding of terrorism. Prior to these attacks, Americans typically viewed terrorist events and actors through the lens of foreign affairs, quite removed from “everyday” concerns. Terrorist events involving Americans did occur, occasionally on American soil, but a sense of American invulnerability never truly wavered. September 11 challenged this presumption; as well as perspectives on the history of terrorism, compelling some to reexamine past events in order to find portents of the future tragedy.

Afghanistan, Greg Sanders

Human Rights & Human Welfare

After September 11, Afghanistan became the first battleground of the War on Terror when the Taliban government refused to turn over Osama Bin Laden and other Al Qaeda members. Human rights concerns about these events fall in two areas. First, did the United States violate human rights when it launched Operation Enduring Freedom to overthrow the Taliban and during the subsequent occupation? Second, have the occupation forces and new regime of under the leadership of Hamid Karzai done enough to improve the previously miserable human rights situation in Afghanistan?

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference brought together some of the more significant actors in the Civil Rights arena—including Gary Orfield, Julian Bond, Antonia Hernandez, Glenn Loury, William Julius Wilson, and Gerald Torres—to reflect on the dynamics of residential segregation, racial identity, institutional barriers to racial integration, inequalities in higher education, and, or …

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …

Coalface; Choreography Of War Reportage; Pathfinder Closing; The Catalyst, Lifting A Helpless Patient, Sparky The Culture Hero, Ground Control, Treatment For Hysteria, Artificial Respiration (Second Position); Hydration Tactic - Works Of Art Exhibited In The Exhibition Primavera, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

These works dramatise the familiar in order to create a more seductive dimension that might cause the viewer to drift elsewhere. to a stranger place where worlds collapse and intersect. Nature is depicted as transient and ephemeral within ambiguous environments that reverse or rearrange ordered thinking. Humanity is seen as suspended between aid and attack. or support and threat. while also intrinsically linked to the natural world Paradoxical relationships between nature and culture emerge.

Of The Monstrous Regiment And The Family Jewels, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article seeks to engage with the deeply-imbricated anxieties about post-mortem sperm harvesting, and its subsequent use by widows and fiances, in a small body of case law from Queensland and Victoria and the 2005 recommendations of the Victorian Law Reform Commission. It does so by suggesting that these anxieties can be uncovered through unstated cultural resonances about the 'proper' function of men and women in reproduction. These resonances recall some of the responses to supposed 'unnatural' and 'monstrous' behaviours of women, as they were characterised in the initial stages of the early modern period, when the emerging reason and …

Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd

Law Faculty Scholarship

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.

Women In The Web Of Secondary Copyright Liability And Internet Filtering, Ann Bartow

Law Faculty Scholarship

This Essay suggests possible explanations for why there is not very much legal scholarship devoted to gender issues on the Internet; and it asserts that there is a powerful need for Internet legal theorists and activists to pay substantially more attention to the gender-based differences in communicative style and substance that have been imported from real space to cyberspace. Information portals, such as libraries and web logs, are "gendered" in ways that may not be facially apparent. Women are creating and experiencing social solidarity online in ways that male scholars and commentators do not seem to either recognize or deem …

Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

A religious experience is an extraordinary event that occurs against the backdrop of ordinary life, infusing that life with a meaning it would not otherwise have. Mass culture is now replete with portrayals of such experiences. Spiritually-themed television shows, movies, books, music, and fashion are now common and even popular. This is not necessarily good news for religion and religious experience. What mass culture portrays as sacred may be merely an imitation, resembling more the ubiquitous feel-good self-affirmance of popular psychology than authentic communion with the divine.

On the other hand, the appropriation and portrayal of religious experience by mass …

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.

Book Review: John W. W. Mann, Sacajawea's People: The Lemhi Shoshones And The Salmon River Country, University Of Nebraska Press, 2004, Jari D. Barnett

American Indian Law Review

No abstract provided.

Of Looks, Laws And Lawns: How Human Aesthetic Preferences Influence Landscape Management, Public Policies And Urban Ecosystems, Loren B. Byrne

Arts & Sciences Faculty Publications

No abstract provided.

Bo Ginn Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of various political papers to and from Ronald “Bo” Ginn from 1973 to 1983. The collection includes professional correspondence to and from various constituents and organizations, personal correspondence, and audiovisual tapes of Ginn’s life and work. These items contain items of importance for the citizens of Georgia such as, agriculture, government spending, and issues regarding other forms of commerce for Georgia.

Find this collection in the University Libraries' catalog.

The Dignity And Humanity Of Bruce Springsteen's Criminals, Abbe Smith

Georgetown Law Faculty Publications and Other Works

In this essay, I discuss Springsteen's criminals by focusing on two albums, Nebraska and The Ghost of Tom Joad, and Springsteen's title song to the movie soundtrack Dead Man Walking. These are classic albums about criminals and prisoners, and "Dead Man Walkin’" may be one of the best songs ever written about being on death row. Before getting into the music, I first note the historical context - Springsteen's career has taken place during a particularly hostile time for lawbreakers - and offer a brief biographical sketch of Springsteen.

Book Review: Lindsay G. Robertson, Conquest By Law: How The Discovery Of America Dispossessed Indigenous Peoples Of Their Lands, Oxford University Press, 2005, Willaim D. Wallace

American Indian Law Review

No abstract provided.

The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew

Articles

The West believes that without formal legal rules (the rule of law), how society operates is not transparent. This opaqueness in how things get done discourages trade, including foreign investment, which in turn makes overall economic development more difficult. Instead of predictable legal rules, the fear is that the void will be filled with unpredictable and arbitrary human indiscretions. Furthermore, the West believes that the absence of the rule of law makes the basic protection of human and civil rights problematic.

However, the Western view of the rule of law is not the only model. Alternative cultural assumptions about the …

The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer

Articles

In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …

Like Crabs In A Barrel: Economy, History And Redevelopment In Buffalo, John Henry Schlegel

Other Scholarship

No abstract provided.