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Full-Text Articles in Law

All Things To All People, Part One, Peter Aschenbrenner Jan 2105

All Things To All People, Part One, Peter 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.


Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman Nov 2017

Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman

Cynthia Grant Bowman

This Article argues that a significant strand of feminist theory in the 1970s and 1980s — socialist feminism — has largely been ignored by feminist jurisprudence in the United States and explores potential contributions to legal theory of recapturing the insights of socialist feminism. It describes both the context out of which that theory grew, in the civil rights, anti-war, and anti-imperialist struggles of the 1960s, and the contents of the theory as developed in the writings of certain authors such as Heidi Hartmann, Zillah Eisenstein, and Iris Young, as well as their predecessors in the U.K., and in the practice ...


The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti Nov 2017

The Constitutionality Of Polygamy Prohibitions After Lawrence V. Texas: Is Scalia A Punchline Or A Prophet?, Joseph Bozzuti

The Catholic Lawyer

No abstract provided.


Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons Nov 2017

Born Again On Death Row: Retribution, Remorse, And Religion, Michael A. Simons

The Catholic Lawyer

No abstract provided.


Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan Nov 2017

Religion, Neutrality, And The Public School Curriculum: Equal Treatment Or Separation?, Matthew D. Donovan

The Catholic Lawyer

No abstract provided.


Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile Nov 2017

Religious Employers And Statutory Prescription Contraceptive Mandates, Susan J. Stabile

The Catholic Lawyer

No abstract provided.


Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr. Nov 2017

Crime And Punishment: A Catholic Perspective, Joseph L. Falvey, Jr.

The Catholic Lawyer

No abstract provided.


Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson Nov 2017

Silent Protest: A Catholic Justice Dissents In Buck V. Bell, Phillip Thompson

The Catholic Lawyer

No abstract provided.


Reaping Where They Have Not Sowed: Have American Churches Failed To Satisfy The Requirements For The Religious Tax Exemption?, Vaughn E. James Nov 2017

Reaping Where They Have Not Sowed: Have American Churches Failed To Satisfy The Requirements For The Religious Tax Exemption?, Vaughn E. James

The Catholic Lawyer

No abstract provided.


Faith, Pluralism, And The Practice Of Law, Robert K. Vischer Nov 2017

Faith, Pluralism, And The Practice Of Law, Robert K. Vischer

The Catholic Lawyer

No abstract provided.


Catholic Lawyers In An Age Of Secularism, The Honorable Diarmuid F. O'Scannlain Nov 2017

Catholic Lawyers In An Age Of Secularism, The Honorable Diarmuid F. O'Scannlain

The Catholic Lawyer

No abstract provided.


Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish Nov 2017

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.


"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton Nov 2017

"Reasonable Accommodation" Under Title Vii: Is It Reasonable To The Religious Employee?, Thomas D. Brierton

The Catholic Lawyer

No abstract provided.


The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert Nov 2017

The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert

The Catholic Lawyer

No abstract provided.


The Law And Economics Of Databases: A Balancing Act, Ya Shon Huang Nov 2017

The Law And Economics Of Databases: A Balancing Act, Ya Shon Huang

SPICE: Student Perspectives on Institutions, Choices and Ethics

In this paper, I demonstrate that the existing legal frameworks for database protection are inadequate – the American framework under-protects databases, while the European framework over-protects. This paper presents an economic analysis of the current scope of legal protections for databases versus the ideal, with an especial emphasis on the role of intellectual property rights in providing these protections, and concludes with proposals for an ideal system. After an overview of the current systems of legal protections for databases in the United States (US) and the European Union (EU), there will be an explanation of how different types of laws (competition ...


Morales V. Portuondo: Has The Seal Of The Confessional Sprung A Leak?, Jordan B. Woods Nov 2017

Morales V. Portuondo: Has The Seal Of The Confessional Sprung A Leak?, Jordan B. Woods

The Catholic Lawyer

No abstract provided.


Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz Nov 2017

Gay Teachers In Catholic Schools: A Conflict Of Human Rights, Ish Ruiz

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

What happens when a person’s exercise of a human right conflicts with another’s enjoyment of a human right? Such is the case when a gay teacher in a Catholic school is fired as the school exercises its right to religious freedom in order to ensure its teachers live lives consistent with Church teaching.

As religious institutions, Catholic schools are protected by a ministerial exception that offers legal immunity to Catholic educational institutions that fire gay and lesbian teachers (teachers are sometimes considered “ministers” by the courts). In many states these firings on the basis of sexual orientation or ...


Homophobia, Human Rights And Diplomacy, Douglas Janoff Nov 2017

Homophobia, Human Rights And Diplomacy, Douglas Janoff

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Multilateral human rights diplomacy is a product of the triad relationship between intergovernmental organizations (IGOs), civil society organizations (CSOs), and states. This paper examines the emergence of LGBT rights within the context of the UN human rights system. Recently, the global debates around LGBT rights have become much more public and increasingly complex: Ministers, leaders, and even the UN Secretary-General routinely call on states to do more to protect sexual minorities. Countries such as Uganda and Russia are labeled “homophobic” — not just by human rights activists, but by other states. These “accusations” are delivered both bilaterally and in multilateral forums ...


Gender, Displacement And Transitional Justice, Sinead Mcgrath Nov 2017

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack Nov 2017

Interrogating Rights: How The United States Is Not Complying With The Racial Equality Treaty, Malia Lee Womack

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In 1994, the United States ratified the United Nations’ core anti-racism treaty, ICERD. Although it has been more than two decades since the United States became a member to the multilateral agreement, a wide range of scholarship determines that the nation is not in compliance with the treaty. Little of this research focuses on gender. This paper intervenes with the research by conducting a gendered analysis, with a focus on African American women, of key areas where the US is not meeting its duties to the multilateral agreement.

This manuscript proves that, first, the United States does not comply with ...


Indigenous Rights In The Trump Era, Tereza M. Szeghi Nov 2017

Indigenous Rights In The Trump Era, Tereza M. Szeghi

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.


Property Transactions That May Jeopardize The Patrimonial Condition Of Public Juridic Persons In The Church, Rev. Jerome L. Jung Nov 2017

Property Transactions That May Jeopardize The Patrimonial Condition Of Public Juridic Persons In The Church, Rev. Jerome L. Jung

The Catholic Lawyer

No abstract provided.


Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M. Nov 2017

Judges And Judicial Process In The Jurisprudence Of St. Thomas Aquinas, Charles P. Nemeth, J.D., Ph.D., Ll.M.

The Catholic Lawyer

No abstract provided.


Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap. Nov 2017

Bringing Penance Back To The Penitentiary: Using The Sacrament Of Reconciliation As A Model For Restoring Rehabilitation As A Priority In The Criminal Justice System, John Celichowski, O.F.M Cap.

The Catholic Lawyer

No abstract provided.


Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli Nov 2017

Reconciling The Sanctity Of Human Life, The Declaration Of Independence, And The Constitution, Paolo Torzilli

The Catholic Lawyer

No abstract provided.


There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan Nov 2017

There Are No Strangers Among Us: Catholic Social Teachings And U.S. Immigration Law, Terry Coonan

The Catholic Lawyer

No abstract provided.


Catholic Health Care And The Diocesan Bishop, Rev. John J. Coughlin, O.F.M. Nov 2017

Catholic Health Care And The Diocesan Bishop, Rev. John J. Coughlin, O.F.M.

The Catholic Lawyer

No abstract provided.


The Supreme Court And Religious Liberty, Douglas Laycock Nov 2017

The Supreme Court And Religious Liberty, Douglas Laycock

The Catholic Lawyer

No abstract provided.


1850 – Report On The Subject Of Land Titles In California Made In Pursuance Of Instructions From The Secretary Of State And The Secretary Of Interior, By William Carey Jones: Together With A Translation Of The Principal Laws On That Subject, And Some Other Papers Relating Thereto Nov 2017

1850 – Report On The Subject Of Land Titles In California Made In Pursuance Of Instructions From The Secretary Of State And The Secretary Of Interior, By William Carey Jones: Together With A Translation Of The Principal Laws On That Subject, And Some Other Papers Relating Thereto

Miscellaneous Documents and Reports

An 1850 report prepared by William Carey Jones at the request of the Secretaries of State and Interior. In the first half of the report, Jones described the method by which land titles were created from the first inception to the perfect title as practiced by Mexico within the Province of California, as well as the history of the issuance of land grants subsequent to the independence of Mexico from Spain and the process by which that was accomplished. Jones provides a list of records and memoranda of grants found in the government archives of Monterey. The report addressed the ...