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Full-Text Articles in Law

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner Jan 2013

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Semantic Values Surveyed And Cumulated, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the second of three articles, the works of Madison and Hamilton, from The Federalist Papers through the bank bill debate, and continuing with Madison’s post-1817 works are surveyed. Through 151 works (essays, speeches and letters) over 49 years, word counts are supplied for each value in the eleven-way grid for values of ‘constitution,’ highlighting the divergent ‘constitution’ = text and ‘constitution’ = government. The 946 uses of ‘constitution’ in 49 years in these 151 works appear in 265,859 words.


Our Constitutional Logic Roadmaps Single Word Searches Across Single Or Multiple Work/S, Peter J. Aschenbrenner Jan 2013

Our Constitutional Logic Roadmaps Single Word Searches Across Single Or Multiple Work/S, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When authors speak, first as co-authors in collegial alliance, and later as opponents in a nation’s first major dust-up – a national bank is at the center of the controversy – searching out quantum values divulged and obscured, along with ‘null’ results returned at the quantum level supplies an investigator with plenty of raw material for analysis. The approach is roadmapped in his article and the table annexed.


Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner Jan 2013

Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In the last of three articles, OCL surveys the deployment of ‘constitution’ through The Federalist Papers, the bank bill debates and the remainder of Madison’s life (post-presidency). Numeric values for hits are computed for the range of semantic values, with the focus being constitution = text (locatable in only one place) competing with constitution = government. A net score is proposed which measures the effort an author has expended to ‘cleanse’ his semantic palette by employing one semantic value over a competing value.


Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins Jan 2013

Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins

Gordon A Crews

The purpose of this presentation is to discuss a recent research project which seeks to offer an examination of the unique relationship between the traditional Ghanaian indigenous justice system and the established state-administered justice system. This is an overview of the interesting blend of indigenous practices (rooted in religious practices and strongly associated with spirituality and mysticism) and state (formal justice and governmental systems) in the Ghanaian justice system. In addition the topics of the treatment of women and children within these systems and the use of alternative dispute resolution, restorative justice, and conflict resolution strategies inherent within the two …


Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins Jan 2013

Researching Crime, Justice, And Social Control In Ghana: Evolving Issues In A Developing African Country, Gordon A. Crews, Angela West Crews, Kofi Boye-Doe, Ken Aikins

Angela Crews

The purpose of this presentation is to discuss a recent research project which seeks to offer an examination of the unique relationship between the traditional Ghanaian indigenous justice system and the established state-administered justice system. This is an overview of the interesting blend of indigenous practices (rooted in religious practices and strongly associated with spirituality and mysticism) and state (formal justice and governmental systems) in the Ghanaian justice system. In addition the topics of the treatment of women and children within these systems and the use of alternative dispute resolution, restorative justice, and conflict resolution strategies inherent within the two …


One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe Jan 2013

One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe

Angela Crews

The purpose of this presentation was to introduce a research project that the authors have ongoing with the Ghana National Police Service (Accra, Ghana, Africa). This focus of this project is to assist the Ghanaian police in the development and implementation of a “community policing” program. In 2008, a new Director of Community Policing had been hired, although she expressed that she and the officers had absolutely no training or education in theories and practices related to community policing. This presentation showcased the authors’ initial efforts to help solve that problem. Three major aspects are covered in this presentation, 1) …


International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews Jan 2013

International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews

Gordon A Crews

The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …


International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews Jan 2013

International Police Education For The Rule Of Law: Obstacles, Facilitators, Curricula, Pedagogy, And Delivery, Gordon A. Crews, Angela West Crews

Angela Crews

The points discussed in the session are related to United Nations peacekeeping in the twenty-first century and the international police education for the rule of law. It is noted that 100 countries contribute police officers to the United Nations, and that 49 of those countries contribute 25 or fewer officers. There is a gender imbalance, with only 7.75 % of forces being made up of women. In the past, UN policing priorities were: monitoring to verify police performance and impartiality, observing to ascertain police strengths and weaknesses and reporting to document police infractions. The UN Peacekeeping Mission Statement aims to …


Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver Dec 2012

Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver

Carole Silver

The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …


Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner Dec 2012

Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner

Peter J. Aschenbrenner

OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.


Table Annexed To Article: James Madison’S ‘Imperfections Of Language’, Peter J. Aschenbrenner Dec 2012

Table Annexed To Article: James Madison’S ‘Imperfections Of Language’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

No abstract provided.


The Structure Of Constitutional Pluralism, Alec Stone Sweet Dec 2012

The Structure Of Constitutional Pluralism, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo Dec 2012

Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …


Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma Dec 2012

Law Reform On Sexual And Gender-Based Crimes In Mass Violence, Saumya Uma

Dr. Saumya Uma

The article discusses sexual and gender-based crimes in mass violence in India. It draws upon five different contexts of mass violence - communal (religion-based) violence, caste-based violence, violence in the context of militarization, violence in the context of anti-people development, and dispossession / violence in anti-Naxal operations.
In the second part of the article, it discusses gaps in Indian legal jurisprudence which are major causative factors for the existing impunity, and pose challenges to justice.
As a logical corollary, the third part discusses relevant law reform initiatives that are in process, to address the challenges to justice. In critiquing such …


First Draft Do Not Publish- Regulations On Firearms: Confessions From A Gun Salesman, Beau W. Cross Dec 2012

First Draft Do Not Publish- Regulations On Firearms: Confessions From A Gun Salesman, Beau W. Cross

Beau W Cross

Over the past year, there has been a heated debate on Capitol Hill about the regulation of firearms and accessories such as high capacity magazines. With many school massacres and other acts of violence due to gunfire taking place in the past few decades, change in regulations was inevitable. A total ban on firearms was not feasible, as a citizen’s right to bear arms is protected through the Second Amendment of the United States Constitution. However, in 2005, President Bush took a stance; he created change in policy by signing the Protection of Lawful Commerce in Arms Act (Arms Act) …


‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek Dec 2012

‘Jogalkotási Javaslatok Megfogalmazása A Jogtudományban’ [Policy Proposals And Legal Scholarship], Péter Cserne, György Gajduschek

Péter Cserne

This is the manuscript of a chapter written for a Hungarian handbook on legal scholarship. It provides an historical overview and a theoretical defense of a policy oriented, in contrast to doctrinal, study of law. The chapter also provides an introduction to the foundations and methodological tools of public policy analysis, including regulatory impact assessment.