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

Arts and Humanities Commons

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

Selected Works

Law

Institution
Keyword
Publication Year
Publication
File Type

Articles 1 - 30 of 1805

Full-Text Articles in Arts and Humanities

All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. 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 dispose …


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.


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze Oct 2019

Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze

Arnaud Kurze

This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …


Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman Oct 2019

Gender-Based Perceptions Of The 2001 Anthrax Attacks: Implications For Outreach And Preparedness, Christopher Salvatore, Brian J. Gorman

Christopher Salvatore

Extensive research dealing with gender-based perceptions of fear of crime has generally found that women express greater levels of fear compared to men. Further, studies have found that women engage in more self-protective behaviors in response to fear of crime, as well as have different levels of confidence in government efficacy relative to men. The majority of these studies have focused on violent and property crime; little research has focused on gender-based perceptions of the threat of bioterrorism. Using data from a national survey conducted by ABC News / Washington Post, this study contrasted perceptions of safety and fear in …


A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore Oct 2019

A Socio-Demographic Analysis Of Responses To Terrorism, Gabriel Rubin, Christopher Salvatore

Christopher Salvatore

Extensive research has found that there are differences in reported levels of fear of crime and associated protective actions influenced by socio-demographic characteristics such as race and gender. Further studies, the majority of which focused on violent and property crime, have found that specific demographic characteristics influence fear of crime and protective behaviors. However, little research has focused on the influence of socio-demographic characteristics on perceptions, and protective actions in response to the threat of terrorism. Using data from the General Social Survey, this study compared individual-level protective actions and perceptions of the effectiveness of protective responses to the 9/11 …


Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker Oct 2019

Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker

Marcus Walker

The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris Oct 2019

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …


Third Time's The Charm, Marcus Walker Sep 2019

Third Time's The Charm, Marcus Walker

Marcus Walker

The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.


Preaching To The Court House And Judging In The Temple, Nathan B. Oman Sep 2019

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman Sep 2019

Jurisprudence And The Problem Of Church Doctrine, Nathan B. Oman

Nathan B. Oman

No abstract provided.


International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman Sep 2019

International Legal Experience And The Mormon Theology Of The State, 1945-2012, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman Sep 2019

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman Sep 2019

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman Sep 2019

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson Sep 2019

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.


"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman Sep 2019

"The Living Oracles": Legal Interpretation And Mormon Thought, Nathan B. Oman

Nathan B. Oman

No abstract provided.


"Secret Combinations": A Legal Analysis, Nathan B. Oman Sep 2019

"Secret Combinations": A Legal Analysis, Nathan B. Oman

Nathan B. Oman

No abstract provided.


"Out Of Zion Shall Go Forth The Law", Nathan B. Oman Sep 2019

"Out Of Zion Shall Go Forth The Law", Nathan B. Oman

Nathan B. Oman

No abstract provided.


English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney Sep 2019

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Thomas J. McSweeney

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …


The Real Legal Realism, Michael S. Green Sep 2019

The Real Legal Realism, Michael S. Green

Michael S. Green

No abstract provided.


Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green Sep 2019

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

Michael S. Green

No abstract provided.


Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins Sep 2019

Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins

Neal E. Devins

No abstract provided.


God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas Sep 2019

God And The Executioner: The Influence Of Western Religion On The Use Of The Death Penalty, Davison M. Douglas

Davison M. Douglas

In this Essay, Professor Douglas conducts an historical review of religious attitudes toward capital punishment and the influence of those attitudes on the state's use of the death penalty. He surveys the Christian Church's strong support for capital punishment throughout most of its history, along with recent expressions of opposition from many Protestant, Catholic, and Jewish groups. Despite this recent abolitionist sentiment from an array of religious institutions, Professor Douglas notes a divergence of opinion between the "pulpit and the pew" as the laity continues to support the death penalty in large numbers. Professor Douglas accounts for this divergence by …


Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas Sep 2019

Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas

Davison M. Douglas

No abstract provided.


"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx Aug 2019

"Being Mindful" And Becoming A "Harmony Worker" During Unsettling Times.Docx

Carroy U "Cuf" Ferguson, Ph.D.

Let us be mindful of our individual and collective past in order to learn what works and does not work for our individual and collective Well Being.
Let us seek and find ways to experience Joy as a way "to be" in the present for our individual and collective Well Being.
And, let us create and implement Visions for evolving our consciousness in ways that can sustain our individual and collective Well Being.


Pagans, Christians, And Student Protesters, Stanley Fish Aug 2019

Pagans, Christians, And Student Protesters, Stanley Fish

Stanley Fish

Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.


Shining A Humanistic Light On Racism.Docx Jul 2019

Shining A Humanistic Light On Racism.Docx

Carroy U "Cuf" Ferguson, Ph.D.

On July 14, 2019, race-linked tweets, filled with racially charged negative rhetoric, began to emerge for a country, the United States, to grapple once more with its past, present, and future.  The tweets were directed toward four duly elected women of color in Congress.  In this light, the phenomenon of racism, yet again, was abruptly made more overt, rather than covert.  Indeed, it is fair to say that the phenomenon of racism is often an "unconscious or veiled phenomenon" for some. 


Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston Jun 2019

Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston

Sara Langston


The increasing scope of private actors engaging in the use and exploration of outer space, now and in the future, is proffering a myriad of activities directed towards and conducted in outer space. These include human space transportation, space resource utilization, space tourism, space stations and prospective human settlements, as well as an influx of supporting space-based assets and platforms. Consequently, it is likely that as access to space opens and the number of multi-national/ multi-cultural space actors expands, the interests and concerns for protecting the rights, safety and security of these nongovernmental entities and their agents will become a …


Legal Personhood For Artificial Intelligence, Tyler Jaynes Jun 2019

Legal Personhood For Artificial Intelligence, Tyler Jaynes

Tyler Jaynes

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this …