Arts and Humanities Commons^™

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

A Case Study Of The Significant Events And Legal Parameters Surrounding Charter School Movement At The State And Federal Level, Monica L. Ilse

USF Tampa Graduate Theses and Dissertations

All states have different perspectives and various statutes within broader constitutional law. Perception of public dissatisfaction with public schools has led to choice schooling options for parents. One of the fastest growing choice options in schooling is charter schools; schools privately run by organizations through public funds. This study analyzes the governance of charter schools and how charters operate under legal guidelines and Florida statutes, with significant legislative events cited. This study answers the following questions as they relate to evolution and legal parameters surrounding the charter movement using exploratory case study method: 1) What is the evolution of the …

Mcchord, William Caldwell, 1850-1928 (Sc 2323), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and full-text scan (click on "Additional Files" below) for Manuscripts Small Collection 2323. Paper by William Caldwell McChord titled "Memoirs of William Caldwell McChord, Springfield, Kentucky." The paper details McChord's upbringing, education, experience in the Civil War, and legal and political career in Washington County, Kentucky. Includes an account of the claim that Washington County was Abraham Lincoln's true birthplace. Also includes genealogical information on the McChords and related families.

Influence Of Misperceptions About Gay Affluence On Support For Pro-Gay Legal Reform, Vanessa E. Hettinger

USF Tampa Graduate Theses and Dissertations

The deleterious impact of negative stereotypes toward gays has been established, but less thoroughly examined are the potentially harmful effects that positive stereotypes may carry. Gay Americans lack multiple legal rights enjoyed by heterosexual citizens, yet many people do not see gays as a genuinely disadvantaged group. One possible reason for this is the popular misconception that gays are wealthier than the average American. Drawing on previous research regarding popular support for underdogs, it was predicted that, to the extent people endorsed the conception of gay affluence, they would be less likely to support legal reform benefiting gays. This hypothesis …

Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak

Atin Basu Choudhary

We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.

Moral Limits Of Dworkin's Theory Of Law And Legal Interpretation, David B. Lyons

Faculty Scholarship

At the foundation of Justice for Hedgehogs is a commitment to moral objectivity – the doctrine that there are right answers to moral questions. This nicely complements Dworkin’s legal theory, which holds that right answers to legal questions depend on right answers to moral questions. Without the doctrine of moral objectivity, Dworkin could not reasonably maintain, as he does, that law provides determinate answers to legal questions.

Violence Across The Land: Vigilantism And Extralegal Justice In The Utah Territory, Scott K. Thomas

Theses and Dissertations

For years historians of the American West have overlooked Utah when dealing with the subject of extrajudicial violence, while researchers of Mormonism have misread the existence of such violence in territorial Utah. The former asserts that Utah was free from extrajudicial proceedings and that such violence was nearly nonexistent within the contours of the Mormon kingdom. The latter maintains that any violence that existed in Utah was directly connected to the religious fanaticism of the Mormon populace in the region. The reality is that much of the extralegal violence in Utah was a result of the frontier, not the religion …

Minor Courts And Communities At The Frontier: The Justice Of The Peace In Early Missouri, Bonnie Aileen Speck

Wayne State University Dissertations

ABSTRACT

MINOR COURTS AND COMMUNITIES AT THE FRONTIER JUSTICES OF THE PEACE IN EARLY MISSOURI

by

BONNIE A. SPECK

May 2011

Advisor: Sandra VanBurkleo

Major: American Legal and Constitutional History

Degree: History

This study focused on local and county courts operated by Missouri's justices of the peace between the Louisiana Purchase and roughly 1875. Its purpose was to investigate the role of township justices’ courts and county courts of commissioners in terms of interactions with local residents; effects of rulings and other court actions on everyday affairs; and wider impacts on Missouri society. Sources included territorial and …

The Decalogue Before Mount Sinai, Jo Ann Davidson

Faculty Publications

No abstract provided.

Law As Referent, Craig G. Bateman

C. G. Bateman

In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …

Making Sausages And Law: The Failure Of Animal Welfare Laws To Protect Both Animals And Fundamental Tenets Of Australia's Legal System, Elizabeth J. Ellis

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

Laws are like sausages. It is better not to see them being made.

The above aphorism, attributed to Bismarck, was quoted by Philip Ruddock when addressing lawyers in 2007 on the subject of law reform. Interestingly, Mr Ruddock also referred to the rule of law in the same speech. Apparently the juxtaposition of the rule of law with a preference for secret law-making did not strike the (then) federal Attorney-General as odd. Perhaps this is unsurprising: the rule of law is commonly invoked for effect and may be used for a multitude of purposes. For this, and other reasons, the …

The Decalogue Before Mount Sinai, Jo Ann Davidson

Jo Ann Davidson

No abstract provided.

Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii

Scholarly Works

Chaim Perelman resuscitated the rhetorical tradition by developing an elegant and detailed theory of argumentation. Rejecting the single-minded Cartesian focus on rational truth, Perelman recovered the ancient wisdom that we can argue reasonably about matters that admit only of probability. From this one would conclude that Perelman’s argumentation theory is inalterably opposed to natural law, and therefore that I would have done better to have written an article titled “Perelman’s Th eory of Argumentation as a Rejection of Natural Law.”

However, my thesis is precisely that Perelman’s theory of argumentation connects to the natural law tradition in interesting and productive …

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson

Adam Arenson

The Dred Scott Case centered on the Scott family—Dred and Harriet, and their daughters Eliza and Lizzie—but in the recorded history, after March 6, 1857 the Scotts suddenly fade, as if their lives ended that day in the courthouse. They did not. Elsewhere I have examined how the Dred Scott decision catalyzed the transformation of St. Louis politics, turning Missouri toward gradual emancipation just as the South’s proslavery advocates were declaring victory. And I have described how the Scotts’ lives were recovered to memory through the actions spearheaded by their descendents. Here I chronicle how the legacies of the Dred …