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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.


Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel Jan 2019

Social Networking Sites And Learning In International Relations: The Impact Of Platforms, Josh Pallas, Joakim Eidenfalk, Susan N. Engel

Faculty of Law, Humanities and the Arts - Papers

This article reports on a pilot undergraduate subject that incorporated a range of technology-enhanced learning approaches including online lectures, an online site for in and out of class communications, and strong encouragement for students to blog and use Twitter. This paper evaluates student engagement through the social networking sites (SNS), focusing on the online communication and content platform. We examine whether changing from an educationally oriented SNS platform to Facebook impacted on student engagement and feedback. To achieve this, both empirical data and qualitative student feedback were used.


The Canadian Crown's Duty To Consult Indigenous Nations' Knowledge Systems In Federal Environmental Assessments, Stephen S. Crawford Oct 2018

The Canadian Crown's Duty To Consult Indigenous Nations' Knowledge Systems In Federal Environmental Assessments, Stephen S. Crawford

The International Indigenous Policy Journal

In 2016, the Government of Canada undertook a review of regulatory processes for federal environmental assessments (EAs) in preparation for replacing the Canadian Environmental Assessment Act. An EA Expert Panel was appointed to review numerous oral and written submissions from Indigenous nations, government agencies, and the public. The Panel's final report included recommendations that were considered by Canada in the development of its currently proposed new legislation regarding federal EAs: Bill C-69. The goal of this analysis is to evaluate the extent to which Canada’s review and proposed legislation actually addressed the Crown’s duty to consult Indigenous ...


“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, Regina Austin Oct 2018

“Second Looks, Second Chances”: Collaborating With Lifers On A Video About Commutation Of Lwop Sentences, Regina Austin

Faculty Scholarship at Penn Law

In Pennsylvania, life means life without the possibility of parole (“LWOP”) or “death by incarceration.” Although executive commutation offers long serving rehabilitated lifers hope of release, in the past 20 years, only 8 commutations have been granted by the state’s governors. This article describes the collaboration between an organization of incarcerated persons serving LWOP and the law-school-based Penn Program on Documentaries and the Law that produced a video supporting increased commutations for Pennsylvania lifers. The article details the methodology of collaborative videomaking employed, the strategic decisions over content that were impacted by the politics of commutation, and the contributions ...


A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou Oct 2018

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for irregular ...


Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough Oct 2018

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in ...


Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola Sep 2018

Gendering Migration: Women, Migratory Routes And Trafficking, Nicolamaria Coppola

New England Journal of Public Policy

This article examines international migration from a gender perspective. It asserts that migration can be empowering for women, and at the same time it may exacerbate their vulnerabilities, including abuse and trafficking, particularly when migrants are low skilled or irregular.


1872 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1872 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1859 - Report To The California Surveyor General From George Hale, Monterey County Assessor Sep 2018

1859 - Report To The California Surveyor General From George Hale, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1860 - Report To The California Surveyor General From Uriah Burns, Monterey County Assessor Sep 2018

1860 - Report To The California Surveyor General From Uriah Burns, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1863 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1863 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1864 - Report To The California Surveyor General From Wm. J. Mcgarvey, Monterey County Assessor Sep 2018

1864 - Report To The California Surveyor General From Wm. J. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1866 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1866 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1869 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1869 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1871 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1871 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


1874 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor Sep 2018

1874 - Report To The California Surveyor General From W. V. Mcgarvey, Monterey County Assessor

Monterey County Assessor's Reports

Reports submitted by the Monterey County Assessor to the California Surveyor General between 1859 and 1875 regarding county resources covering a variety of topics including, but not limited to, surveyed lands, roads, population, crops and livestock


Death And The War Power, Mary L. Dudziak Sep 2018

Death And The War Power, Mary L. Dudziak

Yale Journal of Law & the Humanities

In the vast literature on American war powers, attention is rarely paid to the product of war, the dead human body, and its impact on war politics and war powers. In legal scholarship on the war powers, the practice of war usually happens in the background. Presidents, Congress, and courts are in the foreground. Killing in war is thereby a background phenomenon, an aspect of the social context within which the war powers are exercised.


Legal Scholarship As Spectacular Failure, Omri Ben-Zvi, Eden Sarid Sep 2018

Legal Scholarship As Spectacular Failure, Omri Ben-Zvi, Eden Sarid

Yale Journal of Law & the Humanities

Most authors of legal scholarship would probably hesitate to describe their writings as heroic tales of (intellectual) conquest and adventure. They would also most likely deny that they are unreliable storytellers. Equally, conventional accounts of legal scholarship tend to view it as lacking a common structure. This article challenges these assumptions by offering a novel aesthetic perspective on legal writing.


Disentangling Perjury And Lying, Allison Douglis Sep 2018

Disentangling Perjury And Lying, Allison Douglis

Yale Journal of Law & the Humanities

Committing perjury is frequently treated as closely related-if not equivalent-to lying. Both legal scholars of perjury and philosophers of lying make this assumption. This, in turn, informs subsequent conclusions about both the nature of perjury and the nature of lying.


Welcoming Monsters: Disability As A Liminal Legal Concept, Jonas-Sebastien Beaudry Sep 2018

Welcoming Monsters: Disability As A Liminal Legal Concept, Jonas-Sebastien Beaudry

Yale Journal of Law & the Humanities

The philosophy of disability has burgeoned into a field of its own. Like the general field of disability studies, it hosts a multiplicity of schools, expertise and methodologies. It is unified, if at all, by a desire for the social integration of people perceived or understood to be "different", mentally or physically. This article aims to orient the reader within the field of the philosophy of disability and present some important lessons that it can teach legal actors.


Due Process Demands As Propaganda: The Rhetoric Of Title Ix Opposition, Annaleigh E. Curtis Sep 2018

Due Process Demands As Propaganda: The Rhetoric Of Title Ix Opposition, Annaleigh E. Curtis

Yale Journal of Law & the Humanities

How universities should deal with campus sexual assault is thorny and divisive, perhaps more so than any other current topic in the academy. Title IX is at the center of the debate on this issue, particularly following the issuance of the "Dear Colleague Letter" ("DCL") by the Department of Education's Office of Civil Rights ("OCR") in 2011.1 The DCL made it clear that sexual assault and harassment are a form of sex discrimination proscribed by Title IX and outlined some necessary features of the adjudication of these issues. Beyond its formal requirements, the DCL made clear that OCR ...


Backpay For Exonerees, Erik Encarnacion Sep 2018

Backpay For Exonerees, Erik Encarnacion

Yale Journal of Law & the Humanities

Kristie Mayhugh, Elizabeth Ramirez, Cassandra Rivera, and Anna Vasquez were convicted for sexually assaulting a child. The prosecution's evidence included testimony from children and an expert witness who testified that objective signs of abuse existed. But years later one of the witnesses-now an adult-admitted to having fabricated the story with her sister. Another witness came forward and testified that the child witnesses had been forced to testify against the defendants. Even the expert witness retracted her testimony, acknowledging that she had relied upon an unreliable methodology.


Philosophy's Practical Turn, Kevin P. Tobia Sep 2018

Philosophy's Practical Turn, Kevin P. Tobia

Yale Journal of Law & the Humanities

Has modem philosophy taken a "practical turn?" If such a turn requires the first emphasis on practicality, then probably not. Prior philosophy has not discarded or neglected practicality. But a "turn" might instead be understood as a profound transformation.' Even if philosophy's practical concern is not new, perhaps its targets, methods, or character have changed significantly.


An Economy Of Violence: Financial Crisis And Whig Constitutional Thought, 1720-1721, Adam Lebovitz Sep 2018

An Economy Of Violence: Financial Crisis And Whig Constitutional Thought, 1720-1721, Adam Lebovitz

Yale Journal of Law & the Humanities

The South Sea bubble burst suddenly in September 1720, the second in a chain of panics that struck Paris, London, and Amsterdam in quick succession. The crash in London was by far the most severe; within weeks two-thirds of England's nominal wealth had evaporated, public credit had collapsed, and London's most distinguished banking houses tottered on the brink of ruin. Commerce ground to a halt, leaving a forest of half-built ships rotting in city harbors and a thicket of unfinished mansions in London's fashionable districts.


Jerome Frank, Lon Fuller, And A Romantic Pragmatism, Charles L. Barzun Sep 2018

Jerome Frank, Lon Fuller, And A Romantic Pragmatism, Charles L. Barzun

Yale Journal of Law & the Humanities

Jerome N. Frank (1889-1957) and Lon L. Fuller (1902-1978) are not frequently classed together in discussions of twentieth-century legal thought. Although they both wrote extensively about the nature of law and adjudication over roughly the same period of time (1930s-1950s), they are typically seen as standing on opposite sides of the issues that matter most in legal theory.


Apn Book Number Index Map For Monterey County Sep 2018

Apn Book Number Index Map For Monterey County

Monterey County Assessor's Plats

An index map of Monterey County showing the Assessor Parcel Book Number for rancho and non-rancho lands.


Finishing The Job Best Practices For A Diverse Workforce In The Construction Industry V.8 Sept 2018, Susan Moir Scd Sep 2018

Finishing The Job Best Practices For A Diverse Workforce In The Construction Industry V.8 Sept 2018, Susan Moir Scd

Labor Studies Faculty Publication Series

This manual is a work in progress. It is produced by the Policy Group on Tradeswomen’s Issues (PGTI), a regional collaboration of researchers, government agencies, unions, community-based organizations, developers and contractors committed to increasing access for women and people of color to good paying careers in the construction trades. Our goal is to make our shared efforts and experiences helpful to industry leaders who share our commitment. It is based on best practices developed on major projects that came close, met, or exceeded workforce hiring goals. This manual and additional resources are available online at on the PGTI website ...


Apn, Township-Range And Other Historical Land Data For Monterey County Ranchos - Draft Sep 2018

Apn, Township-Range And Other Historical Land Data For Monterey County Ranchos - Draft

Monterey County Assessor's Plats

Summary of data pertaining to Ranchos located in Monterey County, California, including County Assessor Parcel Number, Township-Range-Meridian, General Land Office number, original grantee, patentee, patent date, acres, and land patent map information.


T12s, R3e, Blm Plat_321213_1 - July 19, 1867 Survey Aug 2018

T12s, R3e, Blm Plat_321213_1 - July 19, 1867 Survey

Township and Range Surveys - BLM

A July 19, 1867, survey or plat reflecting the Township, Range and Sections of T12S, R3E, located in Monterey County, California, USA