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Full-Text Articles in Law

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 ...


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.


Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson Apr 2019

Analog To Digital Preservation Of The “Women Trailblazers In The Law” Oral History Project, Camelia Naranch, Carol Wilson

Digital Initiatives Symposium

In November 2018, Stanford Law School Library unveiled to the public an online exhibit of more than 100 oral histories of American women lawyers, scholars, judges, and government officials who helped diversify the legal profession in the late twentieth century. Called the “Women Trailblazers in the Law” Oral History Project, it is a collaboration between Stanford Law School Library and the American Bar Association. Our presentation discusses the details of the analog to digital preservation process, whereby the physical collection was converted into digital formats suitable for long term archival storage as well as online access for the general public ...


Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker Mar 2019

Revenge Pornography: An Analysis Of Privacy, Obscenity, And The First Amendment, Kamrin Baker

Student Research and Creative Activity Fair

An important issue in modern communication law and policy is the emergence of harassment via the Internet and social media. One form of such harassment is revenge pornography, the sharing of sexual images or videos without the consent of the individual depicted, usually at the hands of an ex-lover. In punishing the posters and purveyors of revenge pornography, perpetrators are often convicted of unrelated crimes such as identify theft or fraud, furthering the silence of revenge pornography. This new challenge in law raises some serious questions about the intersections of obscenity, privacy and the First Amendment in the effort to ...


Japanese Pamphlets, Volume I, 1906-1914 Feb 2019

Japanese Pamphlets, Volume I, 1906-1914

Japanese Pamphlets

Nineteen politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population. The pamphlets in this volume also include responses from the Japan Society ...


Japanese Pamphlets, Volume Ii, 1912-1920 Feb 2019

Japanese Pamphlets, Volume Ii, 1912-1920

Japanese Pamphlets

Twenty-nine politically oriented pamphlets published between 1912-1929 set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Arguments used against the Japanese living in America included claims of surreptitious entries (e.g., being smuggled in through Mexico), Japanese use of “Picture Prides, Japanese efforts to control the soil, Japanese use ...


Japanese Pamphlets, Volume Iii, 1918-1925 Feb 2019

Japanese Pamphlets, Volume Iii, 1918-1925

Japanese Pamphlets

Twenty-two politically oriented pamphlets published between 1906 to 1914 that set forth the pros and cons of Japanese continuing to reside in the United States and California. The White population was particularly concerned about the mixing of races and wanted laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. Those who were anti-Japanese described the Japanese as an inferior race incapable of assimilating into the White population and includes a pamphlet entitled “Preliminary Report of the Mental Capacity of ...


Japanese Pamphlets, Volume Iv, 1907-1925 Feb 2019

Japanese Pamphlets, Volume Iv, 1907-1925

Japanese Pamphlets

Ten politically oriented pamphlets published between 1907 to 1925 that set forth largely anti-Japanese contentions against those residing in the United States and California. The White population continued to be concerned about the mixing of races and wanted additional laws that not only excluded the Japanese who were living in the United States (including children born in the United States) from citizenship but also from leasing or owning land. The arguments found in the first three volumes of pamphlets continued on into Volume IV including a V.H. McClatchy’s 1925 pamphlet entitled: “Guarding the Immigration Gates: What Has Been ...


Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iii, 1857-1902

Chinese Pamphlets

Eleven pamphlets published between 1857 and 1902 regarding the treatment of the exempt classes of Chinese in the United States, arguments in favor of immigration with measurers recommended by the Immigration Union, the church and the Chinese, competition with Chinese and the necessity of a stringent exclusion clause, and letters written by members of the Chinese community on the Chinese question.


Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume I, 1876-1914

Chinese Pamphlets

Seventeen pamphlets published between 1876 and 1914 that set forth the pros and cons of Chinese immigration into the United States, including arguments as to why the Chinese should be excluded. Those claims were in part that the Chinese being non-assimilative, undesirable, destructive to competition and hence the need to protect American labor and White citizens. The Chinese were blamed for the spread of slavery, criminal activities, highbinders (assassins), opium smoking, leprosy and other imported evils and the overall corruption of California.


Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Ii, 1870-1906

Chinese Pamphlets

Eight pamphlets published between 1870 and 1906 consisting of topics such as the treatment of the exempt classes of Chinese in the United States, Chinese immigration, Chinese mining license tax, the evils of the Mongolian immigration, the “true sentiments” of the Republican Party of California on the Chinese question, the nature and effect of the competition by Chinese with American labor, the church and Chinese immigration, cholera in San Francisco and the conflict of the races.


Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908 Feb 2019

Chinese Immigration-Exclusion Pamphlets, Volume Iv, 1855-1908

Chinese Pamphlets

Nine pamphlets published between 1855 and 1908 regarding Chinese in the United States and, in particular, in California, containing arguments for and against the Chinese being in America, past relations with the Chinese, describing the Chinese as heathens and a continuation of the claims made against the Chinese in the first three volumes of Chinese Immigration-Exclusion Pamphlets.


2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft Feb 2019

2019 - Chinese Pamphlets On Immigration And Exclusion - Inventory - Draft

Chinese Immigration-Exclusion Pamphlet Inventory

An inventory of a group of pamphlets published from 1855 through 1929 detailing the perceived problems associated with the Chinese in America, the efforts made to deprive Chinese rights granted others including citizenship, the depiction of Chinese as inferior humans in terms of intellect and morals standing, the inability of Chinese to assimilate into the American culture, laws enacted to limit the ability of Chinese to participate in the economy, anti-Chinese organizations, speeches before various legislative bodies in opposition to the Chinese, Chinese responses to the anti-Chinese publications, and responses by religious organizations on the subject of race and equality ...


Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes Feb 2019

Reconsidering Christianity As A Support For Secular Law: A Final Reply To Professor Calhoun, Wayne R. Barnes

Washington and Lee Law Review Online

This symposium has revolved around Professor Calhoun’s article, which posits that it is completely legitimate, in proposing laws and public policies, to argue for them in the public square based on overtly religious principles. In my initial response, I took issue with his argument that no reasons justify barring faith-based arguments from the public square argument. In fact, I do find reasons justifying the prohibition of “faith-based,” or Christian, arguments in the public square—and, in fact, I find such reasons within Christianity itself. This is because what is being publicly communicated in Christian political argumentation is that if ...


Christianity, Ethics, And Politics In The Age Of Isabella Chow, Ian Huyett Feb 2019

Christianity, Ethics, And Politics In The Age Of Isabella Chow, Ian Huyett

Washington and Lee Law Review Online

This Essay responds to comments by Samuel Calhoun, Wayne Barnes, and David Smolin, made as part of a roundtable discussion on Calhoun’s symposium address Separation of Church and State: Jefferson, Lincoln, and the Reverend Martin Luther King, Jr., Show It Was Never Intended to Separate Religion from Politics. In Part I, I discuss current events, especially as they pertain to Smolin’s comments. In Part II, I answer Calhoun’s challenges to my own response. In Part III, I criticize Barnes’s response, which was diametrically different from my own. In Part IV, I draw on Smolin’s observations ...


2019 - Japanese Pamphlets Inventory - Draft Feb 2019

2019 - Japanese Pamphlets Inventory - Draft

Japanese-American Pamphlet Inventory

An inventory of a series of pamphlets published from 1906 through 1925 focused on the presence of Japanese in America, the perception by some that Japan was taking steps to take over America, the great lengths gone to deprive Japanese residing in the United States of land either by purchase or lease and even citizenship, the depiction of Japanese as inferior humans in terms of intellect and morals standing, agreement and laws enacted to limit the ability of Japanese to participate in the economy, anti-Japanese organizations, speeches before various legislative bodies in opposition to the Japanese, Japanese responses to the ...


The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries Feb 2019

The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "The Christian Invention of Human Dignity" a lecture by Samuel Moyn, professor of law and history at Yale University, who argues that human dignity has to be linked to the invention of Christian democracy. The lecture is sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross on February 26, 2019.


Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

Summaries of Data Relating to the Basins

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.


Alphabetical Index Of Private Land Grants, 1928 Feb 2019

Alphabetical Index Of Private Land Grants, 1928

National Archives Documents

An alphabetical listing of California private land grants that was obtained from the 1928 General Land Office Map of California.


1916 - The Missions And Missionaries Of California, Index To Volumes Ii-Iv, Zephyrin Engelhardt Feb 2019

1916 - The Missions And Missionaries Of California, Index To Volumes Ii-Iv, Zephyrin Engelhardt

Franciscan Publications

This 1916 publication is an index of Volumes I through IV for Engelhardt's Missions and Missionaries of California.


Patented Land Grants Listed By Date Of Original Grants, Undated Feb 2019

Patented Land Grants Listed By Date Of Original Grants, Undated

National Archives Documents

A list of land grants organized by the date of the original Spanish land concession or Mexican land grant prepared under the Work Progress Administration program in the 1930s.


1912 - The Missions And Missionaries Of California, Vol. Ii, Upper California, Part I, General History, Zephyrin Engelhardt Feb 2019

1912 - The Missions And Missionaries Of California, Vol. Ii, Upper California, Part I, General History, Zephyrin Engelhardt

Franciscan Publications

Volume II was a general accounting of the missions and missionaries in Upper California. Section I addressed the establishment and administration of the missions by Fr. Junípero Serra. Section II covered the administration of Fr. Fermín Francisco de Lasuén and Fr. Estevan Tapis. The author posited that the real object of the conquest and occupation of Alta California was not the establishment of the Catholic faith in California but rather to fund expeditions and secure the land from the Russians and others who were making expeditions in the region. Engelhardt's evidence was the fact that the Spanish government seized ...


1913 - The Missions And Missionaries Of California, Vol. Iii, Upper California, Part Ii, General History, Zephyrin Engelhardt Feb 2019

1913 - The Missions And Missionaries Of California, Vol. Iii, Upper California, Part Ii, General History, Zephyrin Engelhardt

Franciscan Publications

Volume III, Section I of Engelhardt's series on California missions covers largely the period of 1812 through 1830 addressing the challenges and difficulties facing the missionaries including the scarcity of resources and labor. He described the invasion of Monterey and other ports in Upper California by Hipólte Bouchard in 1818. Section II covers the period of 1830 through 1836 and the secularization of the missions by the Mexican government during which time the missionaries held their posts until either death or the government relieved them of the responsibility of protecting the neophytes against "white rapacity" and the destruction of ...


1915 - The Missions And Missionaries Of California, Vol. Iv, Upper California, Part Iii, General History, Zephyrin Engelhardt Feb 2019

1915 - The Missions And Missionaries Of California, Vol. Iv, Upper California, Part Iii, General History, Zephyrin Engelhardt

Franciscan Publications

The fourth and final volume in Engelhardt's series on the general history of the California missions and generally concludes with the narrative in the early 1850s time period. The author noted that, "... a cursory view of the situation revealed such un common struggles in behalf of the Indians against military usurpation and colonist cupidity, accompanied and followed by such extraordinary misrepresentations and calumnies, that only a documentary history would satisfy the critical student and intelligent reader. ... The character of the missionaries, their religious and moral principles, their object, methods, resources, successes and reverses were examined and recorded in these ...


1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt Feb 2019

1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt

Franciscan Publications

Volume I of the Missions and Missionaries in California was compiled from original sources and was intended to serve as an introduction to the history of what was referred to as Upper or Alta California. This volume addresses the origin of the missions in Lower California, it's discovery, efforts to colonize the lower peninsula, the endeavors to establish a government, learn the language, introduction of agriculture, failure of the Spanish government to adequately fund the missions, establishment of various missions, the Jesuits decline, the Franciscan period; efforts to establish missions in Upper California by Fr. Junipero Serra, Fr. Palóu ...


2016 - Bureau Of Indian Affairs Map Indian Lands Of Federal Recognized Tribes Feb 2019

2016 - Bureau Of Indian Affairs Map Indian Lands Of Federal Recognized Tribes

Maps

Updates to Federally Recognized Tribal Land Boundary Data are subject to update by the BIA on a continuous basis, the data presented is the most current available as of the date of this map. This map and related information were prepared strictly or illustrative and reference purposes only and should not be used, and is not intended for survey, engineering or navigation purposes. The map reflects Federally recognized Tribal Entities (so not have land held in trust or restricted fee status), Alaska Native Villages, Public domain allotments, American Indian Reservations, Oklahoma Tribal statistical areas, trust or restricted fee lands, lakes ...


1849 - Address To The Inhabitants Of New Mexico And California On The Omission By Congress To Provide Them With Territorial Goverments And On The Social And Political Evils Of Slavery Feb 2019

1849 - Address To The Inhabitants Of New Mexico And California On The Omission By Congress To Provide Them With Territorial Goverments And On The Social And Political Evils Of Slavery

Miscellaneous Federal Documents & Reports

This August 1849 letter, signed by twenty-one abolitionists, in which they wrote concerning the Southern States refusal to provide New Mexico and California with the advantages and protection of civil government. The authors detailed the sequence of events leading up to the annexation of New Mexico and California and the efforts to ensure that the new territories would permit the ownership of slaves. The letter discusses the morality of slavery.


Divided By The Sermon On The Mount, David A. Skeel Jr. Feb 2019

Divided By The Sermon On The Mount, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice.

The historical context dates back to the 1880s, a period when the influence of the Sermon on the ...


1798 - Message From The President Of The United States, Accompanying A Report To Him From The Secretary Of State, And Sundry Documents Reltaive To The Affairs Of The United States On The Mississippi; The Intercourse With The Indian Nations And The Inexecution Of The Treat Between The United States And Spain Feb 2019

1798 - Message From The President Of The United States, Accompanying A Report To Him From The Secretary Of State, And Sundry Documents Reltaive To The Affairs Of The United States On The Mississippi; The Intercourse With The Indian Nations And The Inexecution Of The Treat Between The United States And Spain

Miscellaneous Federal Documents & Reports

This publication contains the January 23, 1798, report of President John Adams concerning the situation of the United States affair in the territories, the incursion of England from Canada on the Mississippi River, Indian relations, and the unsigned treaty with Spain. Also contained in this book is a report from the Secretary of State, as well as a number of documents relating to the problems encountered on the Mississippi River and the unexecuted treaty with Spain.


1965 - The Original Constitution Of The State Of California, 1849, With The Official Spanish Translation Feb 2019

1965 - The Original Constitution Of The State Of California, 1849, With The Official Spanish Translation

Miscellaneous Documents and Reports

A presentation copy to the Governor of the State of California, Edmund G. Brown, of the first California Constitution. The book includes the Constitution in English and Spanish, along with a narrative about the circumstances surrounding the creation and adoption of the original Constitution.