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

Law Commons

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

Articles 1 - 18 of 18

Full-Text Articles in Law

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer Dec 2006

Gender Matters: Making The Case For Trans Inclusion, Nancy K. Knauer

The University of New Hampshire Law Review

[Excerpt] “The transgender communities are producing an important and nuanced critique of our gender system. For community members, the project is self-constitutive and, therefore, has an immediacy that also marks the efforts of other marginalized groups who have attempted to make sense of the world through description, interrogation, and ultimately a program for transformation. The transgender project also has universalizing elements because, existing within the gender system, each one of us embodies a particular gender articulation. It is through this articulation that we define ourselves in relation to the gender we were assigned at birth, the gender we choose, the …


Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson Dec 2006

Protecting Parent-Child Relationships: Determining Parental Rights Of Same-Sex Parents Consistently Despite Varying Recognition Of Their Relationship, Linda S. Anderson

The University of New Hampshire Law Review

[Excerpt] “The family and parental relationship appears secure as long as the members of the family stay within the borders of the states that recognize their relationship. What happens, though, when the family ventures beyond the borders of Vermont, Massachusetts, California, and Connecticut, has yet to be determined. Legislation in almost every other state has addressed whether each state will recognize the couples’ relationship,27 but no state has determined how it will treat the legal relationship between the children of these couples and their parents.28 This article will focus on the fragile legal relationship between same-sex parents and their children …


Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer Nov 2006

Religious Groups And The Gay Rights Movement: Recognizing Common Ground, J. Brady Brammer

BYU Law Review

No abstract provided.


Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell Oct 2006

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.


Les Enfants De La Guerre : Adolescence Et Violence Postcoloniale Chez Badjoko, Dongala, Kourouma Et Monénembo, Koffi Anyinefa Jun 2006

Les Enfants De La Guerre : Adolescence Et Violence Postcoloniale Chez Badjoko, Dongala, Kourouma Et Monénembo, Koffi Anyinefa

Présence Francophone: Revue internationale de langue et de littérature

This essay deals with the representation of African child-soldiers in three novels and an autobiography. Why do children take part in African postcolonial civil wars? How are they portrayed? These children are not —as public opinion would often have it— only the victims of postcolonial violence, but are also agents of social change. Their violent involvement in political affairs constitutes the most radical form of their determination to be heard, and the most eloquent form of their protest against their precarious living conditions in a postcolonial Africa in crisis.


Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller Jun 2006

Conflicts Between The Massachusetts Supreme Judicial Court And The Legislature: Campaign Finance Reform And Same-Sex Marriage, Mark C. Miller

The University of New Hampshire Law Review

[Excerpt] "This article will examine recent interactions and dialogues between the Supreme Judicial Court of Massachusetts (“SJC” or “Supreme Judicial Court”) and the Massachusetts State Legislature. The interactions between courts and legislatures are often cordial, but sometimes these interactions are also highly conflictual. During the 1980s and 1990s, the relationship between the Massachusetts legislature and the Supreme Court was indeed mainly cooperative. Recently, however, in several high profile cases the Supreme Court has been willing to challenge directly the decisions of the legislature and vice versa. Among other controversies, the Court’s 2002 decision requiring that the state legislature fund the …


Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis Jun 2006

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …


Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso Jun 2006

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …


Beware Of Boldness, Conrad C. Crane May 2006

Beware Of Boldness, Conrad C. Crane

The US Army War College Quarterly: Parameters

No abstract provided.


International Monetary Fund, Kris Kirby Jan 2006

International Monetary Fund, Kris Kirby

Human Rights & Human Welfare

Just as the United Nations (U.N.) was created in direct response to the human atrocities and international conflict of World War II, the International Monetary Fund (IMF) was created to help repair the decimation that was experienced by the developed nations that became involved in the war. While both organizations have seemingly similar objectives (i. e. , post-war reconstruction and creation of an environment for lasting peace), the Articles of Agreement of the IMF, however, contains no explicit mention of human rights.


Religion, Politics And Human Rights: Understanding The Role Of Christianity In The Promotion Of Human Rights, Barbara Ann Rieffer Jan 2006

Religion, Politics And Human Rights: Understanding The Role Of Christianity In The Promotion Of Human Rights, Barbara Ann Rieffer

Human Rights & Human Welfare

A review of:

The Global Face of Public Faith by David Hollenbach. Washington, DC: Georgetown University Press, 2003. 259pp.

and

For All Peoples and All Nations by John Nurser. Washington, DC: Georgetown University Press, 2005. 209pp.


Adolf Eichmann: Understanding Evil In Form And Content, Matthew S. Weinert Jan 2006

Adolf Eichmann: Understanding Evil In Form And Content, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Criminal Case 40/61, the Trial of Adolf Eichmann by Harry Mulisch. Philadelphia: University of Pennsylvania Press, 2005.


The Sanctity Of Conscience In An Age Of School Choice: Grounds For Skepticism, Robert K. Vischer Jan 2006

The Sanctity Of Conscience In An Age Of School Choice: Grounds For Skepticism, Robert K. Vischer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu Jan 2006

Political Ideology As A Religion: The Idolatry Of Democracy, Maxwell O. Chibundu

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia Jan 2006

Faith In The Public Square: Some Reflections On Its Role And Limitations From The Perspective Of Catholic Social Teaching, Lucia A. Silecchia

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine Jan 2006

Does Cutter V. Wilkinson Change The Analysis Of Mandated Dui Treatment Programs?: A Critical Response, Eric L. Sherbine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Accommodating Religion And Law In The Twenty-First Century, Andrew J. King Jan 2006

Accommodating Religion And Law In The Twenty-First Century, Andrew J. King

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair Jan 2006

“Only A Sith Thinks Like That”: Llewellyn’S “Dueling Canons,” Eight To Twelve, Michael Sinclair

NYLS Law Review

No abstract provided.