Law Commons^™

In The Air: Whipbird/Human/Koel, Joshua M. Lobb

Faculty of Law, Humanities and the Arts - Papers (Archive)

At a time when climate panic obscures clear thought, 100 Atmospheres is an invitation to think differently. Through speculative, poetic, and provocative texts, thirteen writers and artists have come together to reflect on human relationships with other species and the planet. The process of creating 100 Atmospheres was shared, with works (written, photographic and drawn) created individually and collectively. To think differently, we need to practice differently. The book contains thirteen chapters threaded amidst one hundred co-authored micro-essays. "In the Air" asks questions about our encounters with bird life, and how reconsidering our relationships with birds might also allow us …

Belonging, Being, Becoming: Exploring The Value Of A Statement Of Law Student Ideals, Karina Murray, Trish Mundy

Faculty of Law, Humanities and the Arts - Papers (Archive)

In 2017, the School of Law at the University of Wollongong commenced an educational 'experiment', designed to make an important symbolic message to students that their career as a legal professional starts from the day they begin their law studies. It invited First Year Students to commit to core values, attitudes and practices that are seen as important to developing a positive legal professional identity. As part of the evaluation and review process, in 2018 the original 'Pledge' was redesigned as the Law Student Statement of Ideals. This article reports on the learnings gained through adopting the Law Student Statement …

Rethinking Copyright And Personhood, Christopher S. Yoo

All Faculty Scholarship

One of the primary theoretical justifications for copyright is the role that creative works play in helping develop an individual’s sense of personhood and self-actualization. Typically ascribed to the writings of Immanuel Kant and Georg Wilhelm Friedrich Hegel, personhood-based theories of copyright serve as the foundation for the moral rights prominent in European copyright law and mandated by the leading intellectual property treaty, which give authors inalienable control over aspects of their works after they have been created. The conventional wisdom about the relationship between personhood and copyright suffers from two fatal flaws that have gone largely unappreciated. First, in …

Vi Et Armis: Londoners And Violent Trespass Before The Common Pleas In The Fifteenth Century, Lindsey Mcnellis

Graduate Theses, Dissertations, and Problem Reports

Civil litigation in early fifteenth-century England encompassed a variety of actions, but only one writ covered acts of violence: trespass vi et armis. These writs, all before the central Court of Common Pleas, detail a variety of violent torts, or wrongs, such as housebreaking, theft, imprisonment, abduction, and assault. The Londoners who entered pleadings in this court between 1405 and 1415 have left a fascinating glimpse into both interpersonal violence and the world of savvy litigators. Through a close examination of eighty-two cases, I demonstrate that Londoners were knowledgeable litigants who used the Court of Common Pleas and its …

Ua1c11/91 Wku Police Photo Collection, Wku Archives

WKU Archives Collection Inventories

No abstract provided.

Blue Star 773, Jack Frazer

Mighty Pen Project Anthology & Archive

A Vietnam chopper pilot tracks his time in the service with the fate of his former ride, helicopter Blue Star 773.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Going Home, Charles Williamson

Mighty Pen Project Anthology & Archive

A soldier and his squad take one of their own home during a mission in Iraq.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Hog Board, Joe Maslanka

Mighty Pen Project Anthology & Archive

A young Marine in training stands up to his drill instructors on behalf of his mother.

Articles, stories, and other compositions in this archive were written by participants in the Mighty Pen Project. The program, developed by author David L. Robbins, and in partnership with Virginia Commonwealth University and the Virginia War Memorial in Richmond, Virginia, offers veterans and their family members a customized twelve-week writing class, free of charge. The program encourages, supports, and assists participants in sharing their stories and experiences of military experience so both writer and audience may benefit.

Redemptive Penology Vs. Exclusive Retributive Justice, Samuel Chuks Japhets

Masters Theses

Grounded on long-standing penal notions of exclusive retributivism inherited from classical theorists, Ancient Near East lex talionis, and theonomist penology, the United States federal sentencing and corrections system aims to administer just desert sentences on offenders, to curtail crimes. This exclusively retributive model of criminal sanction is, presumably transformative and innately capable of dispensing holistic justice to society, victims, and criminals. However, the preponderance of high rates of recidivism raises the question of whether this exclusively retributive doctrinal framework that drives the federal penology empirically results in a redemptive administration of penal justice, especially to the offender. Given the traditional …

James Wilson As The Architect Of The American Presidency, Christopher S. Yoo

All Faculty Scholarship

For decades, James Wilson has been something of a “forgotten founder.” The area where commentators generally recognize Wilson’s influence at the Convention is with respect to Article II, which establishes the executive and defines its powers. Most scholars characterize him as a resolute advocate of an independent, energetic, and unitary presidency, and a particularly successful one at that. In this regard, some scholars have generally characterized Wilson’s thinking as overly rigid. Yet a close examination of the Convention reveals Wilson to be more flexible than sometimes characterized. With respect to many aspects of the presidency, including the appointment power, the …

Kennedy's Legacy: A Principled Justice, Mitchell N. Berman, David Peters

All Faculty Scholarship

After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in other work …

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

All Faculty Scholarship

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as …

Striving For Credibility In The Face Of Ambiguity: A Grounded Theory Study Of Extreme Hardship Immigration Psychological Evaluations, Susan M. Burke

Antioch University Full-Text Dissertations & Theses

Psychological evaluations are frequently used in extreme hardship immigration cases in the United States. These evaluations are complex; they are inherently ambiguous, and they require extensive training and specialized knowledge. General guidance for mental health professionals is available from professional organizations, the federal government, and articles in the legal and mental health literature. However, there is a lack of detailed guidance, best practices, training, and supervision so many evaluators learn on their own. Unfortunately, this has resulted in assessment processes and evaluation reports that vary widely in terms of professionalism and quality which negatively impacts the vulnerable families seeking these …

An Appraisal Of Maqāsid Al-ShariʿAh Classic And Recent Literature: Systematic Analysis, Ahmad Syukran Baharuddin Asb, Wan Abdul Fattah Wan Ismail Wafwi, Lukman Abdul Mutalib Lam, Muhammad Hazim Ahmad Mha, Ruqayyah Razak Rr, Nurul Syahirah Saharudin Nss, Muhammad Aiman Abdull Rahim Maar

Library Philosophy and Practice (e-journal)

Maqāsid al-Shariʿah has been typically defined as the objectives behind the Islamic rulings or the Shariʿah higher intent. This knowledge is very important for the mujtahids and Islamic scholars not only to understand or interpret the Shariʿah legal texts, but also to deduce solutions for contemporary problems faced by Muslims. Maqāsid al-Shariʿah is traditionally divided into three levels of necessity, which are necessities (al-Ḍaruriyyāt), needs (al-Ḥajiyyāt), and luxuries (al-Taḥsiniyyāt). Extensive discussion of maqāsid al-shariʿah in Islamic jurisprudence has led to the classification of five elements of preservation, inter alia, protection of faith or …

An Apology For Lawyers: Socrates And The Ethics Of Persuasion, Sherman J. Clark

Michigan Law Review

Review Plato's "Apology of Socrates" in Six Great Dialogues: Apology, Crito, Phaedo, Phaedrus, Symposium, and The Republic.

Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa

Faculty Scholarship

On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what …

Edward Snowden, National Security Whistleblowing, And Civil Disobedience, David E. Pozen

Faculty Scholarship

No recent whistleblower has been more lionized or vilified than Edward Snowden. He has been nominated for the Nobel Peace Prize and denounced as a "total traitor" deserving of the death penalty. In these debates, Snowden's defenders tend to portray him as a civil disobedient. Yet for a range of reasons, Snowden's situation does not map neatly onto traditional theories of civil disobedience. The same holds true for most cases of national security whistleblowing.

The contradictory and confused responses that these cases provoke, this essay suggests, are not just the product of polarized politics or insufficient information. Rather, they reflect …

Sovereignty And Complex Interdependence: Some Surprising Indications Of Their Compatibility, Charles F. Sabel

Faculty Scholarship

Even as democratic sovereignty and globalization are increasingly seen as incompatible in theory, this chapter argues that, in some important realms, they are proving compatible in practice. As tariffs have fallen to negligible levels, trade agreements among rich countries have come to focus on reconciling regulatory differences. In many sectors, novel forms of cooperation have emerged that allow trade partners deliberately to investigate and learn from one another’s practices, eventually recognizing the equivalence of regimes that are not strictly identical — and in the process extending domestic political oversight to relations among states while often heightening domestic accountability. The emergent …

Feed: State Transparency Amidst Informational Surplus, Mark Fenster

Mark Fenster

Body Battlegrounds: Transgressions, Tensions And Transformations

Chris Bobel

The Origins Of The Modern Mugshot, Tsion Chudnovsky

Tsion Chudnovsky, JD

Solidarity Economy Lawyering, Renee Hatcher

Renee Hatcher

Trust, Autonomy, And The Fiduciary Relationship, Carolyn Mcleod, Emma Ryman

Carolyn McLeod

1998 - Salinas Valley Water (Preliminary Analysis Of) The Cause And Cost Of Seawater Intrusion

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

An analysis of the historical cause of seawater intrusion in the Pressure Area of Monterey County. An annual overdraft of groundwater resources near the coast coupled with a seasonal cycle of over pumping created a reversal in the groundwater gradient and associated cones of depression. "Marine intrusion has occurred in the 180-foot aquifer in recent years as a result of overdrafts." (Bulletin 52, 1946, p.27). The only overdrafts on groundwater in the Salinas Valley were in the East Side and Pressure Areas. "There was no shortage of groundwater in the remainder of the basin and no threat of deficiency under …

Facilitating Pre-Service Teachers To Engage Emergent Bilinguals In Productive Struggle, Benjamin T. Dickey, Jim Ewing, Melissa Caruso, Emily D. Fulmer

Journal of Multicultural Affairs

This study utilized a multiple case study with qualitative research to examine how Pre-service teachers (PSTs) might engage Emergent Bilinguals (EBs) in productive struggle—grappling to solve problems (Warshauer, 2015). The researchers created a rubric based on Warshauer’s (2015) case study to record the types of questions PSTs asked as they tutored fourth grade EBs. Warshauer (2015) claimed PSTs should allow students more wait time and ask questions. She referred to such questions as affordance and probing guidance, which facilitates productive struggle. In order to discover more about the PSTs’ thinking, the researchers interviewed the PSTs before and after their first, …

2009 - Research In The Land Entry Files Of The General Land Office, Reference Information Paper 114

National Archives Documents

National Archives and Records Administration (NARA) has custody of the land entry case files for the 30 Federal public land states. There are case files for all states in the United States except the original 13 states. This publication is intended to provide an overview of the land entry files held at the National Archives Building and an introduction to research in them.

2010 - Excerpt From Master Response 4 - Water Supply Re Salinas Valley Water Supply (10-28-10)

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

In addition to the Master Response to the Monterey County General Plan pertaining to the analysis of the Salinas Valley water supply, tables and figures referenced in the response are included at the end of the response. This document is for informational purposes only to provide a summary of information relative to the Salinas Valley water supply analysis contained in the Final EIR.

2008 - Managing An Uncertain Future - Climate Change Adaptation Strategies For California's Water

Miscellaneous Documents and Reports

This report recommends a number of adaptation strategies for California and local water managers to improve their capacity to handle change. Many of the strategies will also help adapt California's water resources to accommodate non-climate demands including a growing population, ecosystem restoration and greater flood protection. Several of the recommendations in this report are ready for immediate adoption, while others need additional public deliberation and development. Some can be implemented using existing resources and authority, while the majority will require new resources, sustained financial investment and significant collaborative effort.

2012 - Historic American Landscapes Survey - Mission San Antonio De Padua

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The intent of this report was to summarize existing written histories of the site and to document the existing conditions of the physical and cultural landscape at the Mission, This report focused on the viewshed and overall physical and cultural landscape of Mission San Antonio de Padua and its surroundings. There are no drawings of the site included in this documentation nor was the precise location and species of each plant type within the study area have not been documented or recorded. The study area encompasses approximately 650 acres.

1914 - Report Of The State Agricultural Society For The Year 1913

Miscellaneous Documents and Reports

1914 report by the California State Agricultural Society on the production and resources of California along with a review of the physical conditions and characteristics of most of the counties in the State and statistics showing the farm acreage, the assessable wealth, and industrial resources for those counties.