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

Law Commons

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

Arts and Humanities

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 8611 - 8640 of 13397

Full-Text Articles in Law

The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner Jul 2012

The Decline Of Virginia’S Voting Strength In Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The voting strength of the original thirteen states declined as new states entered the Union and population moved west. OCL tables the changes in Virginia’s congressional delegation. The information backgrounds Sen. Calhoun’s speech (March 4, 1850) against the Compromise of 1850.


Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner Jul 2012

Who Were The Superfounders? And Why Does It Matter?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Thirty-two of the fifty-five delegates who attended the federal convention went on to attend a ratifying convention; twenty-five are Yes-Founders and one, Gov. Edmund Randolph, won his ‘SuperFounder’ status at the Virginia Ratifying Convention. Never before surveyed as a group, the table annexed names the SuperFounders and details their opposite numbers, the No-Founders.


Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner Jul 2012

Table Annexed To Article: The Crittenden Amendment: The Key To American History, Peter J. Aschenbrenner

Peter J. Aschenbrenner

“Whereas, serious and alarming dissensions have arisen between the Northern and Southern States,” the Crittenden amendment (1860-1861) proposed “constitutional provisions, which shall do equal justice to all sections, and thereby restore to the people that peace and good will which ought to prevail between all the citizens of the United States.” So what was wrong with the 5,224 words of the federal constitution that these 1,348 words were going to fix?


Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson Jul 2012

Check One And The Accountability Is Done: The Harmful Impact Of Straight-Ticket Voting On Judicial Elections, Meryl Chertoff, Dustin F. Robinson

Georgetown Law Faculty Publications and Other Works

States that elect judges are heir to a populist tradition dating back to the Jacksonian era. In the spectrum between independence and accountability, these states emphasize accountability. Systems vary from state to state, and even within states there may be geographic diversity or different selection systems for different levels of courts. Elections can be partisan or non-partisan, contested, or, as in merit-selection states, retention. Some states have dabbled in public financing of judicial elections. Reformers are most critical of contested partisan elections. Those are the elections where the most money is spent, the nastiest ads aired, and the dignity of …


محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia Jul 2012

محاسن دستور مكتوب من وراء ستار الجهل, Ahmed Souaiaia

Ahmed E SOUAIAIA

No abstract provided.


Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston Jul 2012

Lessons About Reform From “A Very Dangerous Woman”, Sherry Penney, James Livingston

Sherry Penney

We discuss reform in antebellum America through the life of Martha Coffin Wright, an activist in the abolition and early women’s rights movements. Consideration of her motivations for reform; the obstacles faced by these movements; their methods, successes, and failures, may offer guidelines for reformers of today.


Comunicação Política, Paulo Ferreira Da Cunha Jul 2012

Comunicação Política, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A sociedade de hipercomunicação e de espetáculo têm regras novas, que ainda não terão sido completamente assimiladas. Neste artigo se reflete quase aforisticamente sobre os problemas do diálogo em relação com a educação dos participantes, as bases de comunhão em que qualquer discussão tem de basear-se, o discurso do poder para o povo e do povo para o poder, as figuras deste, a perceção e a caricatura da realidade com aquele fim, e finalmente o papel comunicativo do representante.


Political Authority And Political Obligation, Stephen R. Perry Jul 2012

Political Authority And Political Obligation, Stephen R. Perry

All Faculty Scholarship

Legitimate political authority is often said to involve a “right to rule,” which is most plausibly understood as a Hohfeldian moral power on the part of the state to impose obligations on its subjects (or otherwise to change their normative situation). Many writers have taken the state’s moral power (if and when it exists) to be a correlate, in some sense, of an obligation on the part of the state’s subjects to obey its directives. Thus legitimate political authority is said to entail a general obligation to obey the law, and a general obligation to obey the law is said …


[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore Jul 2012

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …


English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney Jul 2012

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Faculty Publications

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …


Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner Jul 2012

Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner

Peter J. Aschenbrenner

The text of James Madison�s Letters from Farrand�s Volume III are analyzed along with Madison�s �Detached Memoranda,� his constitutional testament.


Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner Jul 2012

Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner

Peter J. Aschenbrenner

Abstract. Madison’s entries in Farrand after 1817, his Detached Memoranda, and his essays in The Federalist Papers are analyzed for word frequencies.


Constitutional Principles, David B. Lyons Jul 2012

Constitutional Principles, David B. Lyons

Faculty Scholarship

Principles that are not given by the constitutional text are sometimes attributed to the Constitution. This is done within Professor Balkin’s “framework originalism.”1 The question I wish to consider is how it may properly be done. How can it be shown that the Constitution is committed tacitly to a given principle? I shall discuss Balkin’s theory with that question in mind.


Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: Text Of Early State Bills Of Rights, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The thirteen newly-organized colonies (states) began to adopt Bills of Rights. These are presented in Constitutional Text Unit format and analyzed.


Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: Dual Office Holding / Status Acquisition In The Federal Constitution: The Logic Of Aspirations Introduced, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.


Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner Jun 2012

Recovered Textures In The Early Constitution: Schemes Vs. Dreams, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Are the Philadelphia Constitution and the Bill of Rights works of art? If so, how would critics describe these works in program notes? Contrast is the order of the day: the features of each one, played against the other. Goethe, Cervantes, Beethoven , Wagner and the divine Wolfgang are invoked, along with Pope, Richardson, and the Immortal Bard.


Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner Jun 2012

Crafting The Northwest Ordinance Of 1787: Tracking Delegates Blount, Few, Pierce And Butler, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Tracking Paths of Four Men Who were Delegates and Attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.


Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner Jun 2012

Table Annexed To Article: What The Polar Bears Taught The Cops, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Charting of Shouldstatements is explored: while parliamentary procedure guides delegates at a constitutional assembly, who, in ordered discourse will tease out goodness, right and duty statements, the delegates could, on the voicing of any proposal, generate twelve statements by resort to a routine which deploys grammatically correct sentences.


Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha Jun 2012

Funcionários Públicos E Preconceitos Privados, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Açoitado pela crise, o País está crispado, e aponta o dedo a bodes expiatórios. Os verdadeiros culpados pela crise são porém fáceis de encontrar - e nalguns países encontraram-nos, julgaram-nos e condenaram-nos. Mas é interessante como aqui se desviam as atenções para grupos tradicionalmente estigmatizados pelas culpas alheias. Um dos alvos preferidos são os funcionários públicos.


Indian Asociation Of Women's Studies Newsletter, Professor Vibhuti Patel Jun 2012

Indian Asociation Of Women's Studies Newsletter, Professor Vibhuti Patel

Professor Vibhuti Patel

Mrinaltai was born on 24th June, 1928 in an educated patriotic family and influenced by Mahatma Gandhi’s Quit India movement as a young medical student. She gave up her a promising career in medicine to plunge full time into organizing the poor and the marginalised. For more than half a century and till her death, she had been involved with a series of organizations and leading protests both on the streets and in the corridors of power, focusing on women’s rights, dalit rights, civil rights such as water, housing, sanitation, education and health services, environmental concerns communal harmony and trade …


You Say You Want A Revolution? [Review Of The Book The Other Side Of The Sixties: Young Americans For Freedom And The Rise Of Conservative Politics], Nick Salvatore Jun 2012

You Say You Want A Revolution? [Review Of The Book The Other Side Of The Sixties: Young Americans For Freedom And The Rise Of Conservative Politics], Nick Salvatore

Nick Salvatore

[Excerpt] Was the New Left a premature revolution, the fruits of which must await a future set of proper conditions to develop? Or was it more a victim of a giant government conspiracy that crushed a vibrant and growing oppositional tendency? Adherents of these and similar interpretations thus can explain the demise of the New Left while protecting its image as a tribune of a people in inevitable, if slow, political motion. But a perspective less protective of the New Left might reveal more. Perhaps treatments of that era have never fully captured either the complex turnings of America's political …


In The Jungle Of Cities [Review Of The Book Harold Washington And The Neighborhoods: Progressive City Reform In Chicago, 1983-1987], Nick Salvatore Jun 2012

In The Jungle Of Cities [Review Of The Book Harold Washington And The Neighborhoods: Progressive City Reform In Chicago, 1983-1987], Nick Salvatore

Nick Salvatore

[Excerpt] At first glance such a spatial transformation of work may seem positive, as indeed it was for the largely white work force that left the city and staffed these new positions. But left behind geographically, economically, and socially were the largely black (and to a lesser extent, Mexican) working-class residents. It was at this juncture, with jobs disappearing and the urban social structure fragmented, that black Chicago, symbolized in the person of Harold Washington, finally assumed political power. In Harold Washington and the Neighborhoods, editors Pierre Clavel and Wim Wiewel have collected a group of essays that examine the …


Shakers - South Union, Kentucky - Legal Papers (Sc 631), Manuscripts & Folklife Archives Jun 2012

Shakers - South Union, Kentucky - Legal Papers (Sc 631), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 631. Photocopies of legal papers pertaining to lawsuit brought by Sally Boles in which she sought and obtained a divorce from her husband William, who united with the Shakers in 1808 and left her and their three children to join the Shaker settlement at South Union, Kentucky, in 1811. The case was first tried in Logan County, then in Barren County.


New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo Jun 2012

New Technologies And Constitutional Law, Thomas Fetzer, Christopher S. Yoo

All Faculty Scholarship

No abstract provided.


Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings Jun 2012

Interview With Ernest F. “Fritz” Hollings By Andrea L’Hommedieu, Ernest 'Fritz' F. Hollings

George J. Mitchell Oral History Project

Biographical Note
Ernest F. “Fritz” Hollings served in WWII, represented Charleston in the S.C. House, 1949-1954, and served as Lt. Governor and Governor, 1955-1963, and U.S. Senator, 1966-2005. In the House, he supported anti-lynching legislation, a sales tax for education, an increase in teacher salaries, and unemployment compensation reform. He went after industrial interests as Lt. Governor and built on this success as Governor. He worked to improve the state's educational system at all levels, develop industry, and balance the budget. As Senator, he cultivated a lasting interest and devotion to issues including campaign financing, international trade, public education, space …


The Long Exception: Rethinking The Place Of The New Deal In American History, Jefferson Cowie, Nick Salvatore Jun 2012

The Long Exception: Rethinking The Place Of The New Deal In American History, Jefferson Cowie, Nick Salvatore

Nick Salvatore

"The Long Exception" examines the period from Franklin Roosevelt to the end of the twentieth century and argues that the New Deal was more of an historical aberration—a byproduct of the massive crisis of the Great Depression—than the linear triumph of the welfare state. The depth of the Depression undoubtedly forced the realignment of American politics and class relations for decades, but, it is argued, there is more continuity in American politics between the periods before the New Deal order and those after its decline than there is between the postwar era and the rest of American history. Indeed, by …


America Reborn? Conservatives, Liberals, And American Political Culture Since 1945, Nick Salvatore Jun 2012

America Reborn? Conservatives, Liberals, And American Political Culture Since 1945, Nick Salvatore

Nick Salvatore

[Excerpt] From the perspective of the early twenty‑first century, we can chide the good professor for not carefully considering the consequences of what he wished for half a century ago. For it is clear that the force of this conservative movement in America was in fact “stronger than most of us [knew]” or could have imagined in 1950, or, indeed, in 1968. This conservative “impulse”, those “irritable mental gestures”, has largely restructured American political thinking with a force and popular approval that remains stunning to consider. The growth of the conservative movement since 1945 was also accompanied by the slow …


Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore Jun 2012

Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore

Nick Salvatore

[Excerpt] In January 2004, before a black church congregation in New Orleans, President George W. Bush commemorated Martin Luther King's birthday with a spirited promotion of his faith-based initiatives. Appropriating the slain Civil Rights leader's profession of faith, Bush proclaimed his ultimate purpose was to change "America one heart, one soul, one conscience at a time." He emphasized voluntary action by citizens (four times he extolled them as "the social entrepreneurs") and he consistency denigrated the role of government but for one critical function: providing "billions of dollars" to faith-based social-service groups. Proclaiming the values of the Christian Bible as …


Browning, George Strother, 1789-1849 (Sc 598), Manuscripts & Folklife Archives Jun 2012

Browning, George Strother, 1789-1849 (Sc 598), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 598. Memorandum book of George Strother Browning, Russellville, Kentucky, pertaining to the estate of John Duncan, of which Browning was administrator, 1825-1834; listing of property Browning gave to Duncan’s children, 1831-1847; and various receipts.


Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives Jun 2012

Gatewood, Williamson (Sc 595), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scans (Click on "Additional Files" below) for Manuscripts Small Collection 595. Legal papers, including license, 1808, copy of patent, 1812, with attached drawing of machine for shelling corn invented by Paul Pilsbury in 1803, and papers pertaining to lawsuit which evolved from the purchasing of the license by Williamson Gatewood of Bowling Green, Kentucky, for rights to sell the machine south of the Green River in Kentucky, 1812-1815. From Warren County Circuit Court Records #149.