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Full-Text Articles in Law

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth Oct 2014

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth

Faculty Work Comprehensive List

"What United Stated Supreme Court cases should Christians be aware of?"

Posting about the five United States Supreme Court cases of which all Christians should be aware from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/supreme-court-cases-christians-should-know-about/


The Santa Clara, 2014-10-23, Santa Clara University Oct 2014

The Santa Clara, 2014-10-23, Santa Clara University

The Santa Clara

No abstract provided.


The Santa Clara, 2014-10-16, Santa Clara University Oct 2014

The Santa Clara, 2014-10-16, Santa Clara University

The Santa Clara

No abstract provided.


Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor Oct 2014

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of the poisonous ...


The Santa Clara, 2014-10-09, Santa Clara University Oct 2014

The Santa Clara, 2014-10-09, Santa Clara University

The Santa Clara

No abstract provided.


Ghosts Of The Disciplinary Machine: Lee Harvey Oswald, Life-History, And The Truth Of Crime, Jonathan Simon Oct 2014

Ghosts Of The Disciplinary Machine: Lee Harvey Oswald, Life-History, And The Truth Of Crime, Jonathan Simon

Jonathan S Simon

Thirty-four years ago, the President's Commission on the Assassination of President Kennedy, popularly known as the Warren Commission, published its famous report. The Commission's most famous conclusion, that Lee Harvey Oswald, acting alone, shot and killed President John F. Kennedy, has been the subject of ceaseless public debate. Such attention, of course, is understandable. The theory of a "lone gunman" seems too mundane an explanation for the closest crime a republic can have to regicide. The overwhelming popular interest in the Commission's judgment, however, has had the unfortunate consequence of deflecting analysis away from the Commission itself ...


Beyond Legal Realism?: Cultural Analysis, Cultural Studies, And The Situation Of Legal Scholarship, Austin Sarat, Jonathan Simon Oct 2014

Beyond Legal Realism?: Cultural Analysis, Cultural Studies, And The Situation Of Legal Scholarship, Austin Sarat, Jonathan Simon

Jonathan S Simon

Everywhere it seems that culture is in ascendance. More and more social groups are claiming to have distinctive cultures and are demanding recognition of their cultural distinctiveness. Identity politics has merged with cultural politics, so that to have an identity one must now also have a culture. Those who fail to establish their culture risk having their "truth" missed by the myriad of authorities--courts, admissions committees, draft boards-whose judgments help determine life fates. As a result, it sometimes seems as if almost every ethnic, religious, or social group seeks to have its "culture" recognized, and for precisely this reason "the ...


The Merger Of Two Systems: Chinese Adoption And Western Adaptation In The Formation Of Modern International Law, Kevin D. Herrick Oct 2014

The Merger Of Two Systems: Chinese Adoption And Western Adaptation In The Formation Of Modern International Law, Kevin D. Herrick

Georgia Journal of International & Comparative Law

No abstract provided.


The Santa Clara, 2014-10-02, Santa Clara University Oct 2014

The Santa Clara, 2014-10-02, Santa Clara University

The Santa Clara

No abstract provided.


Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire Oct 2014

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments—from more direct anthropocentric arguments—is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create ...


An Insider's Guide To Notre Dame Law School, Notre Dame Law School Oct 2014

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That‘s why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you‘ll be as eager to join us as we ...


Santa Clara Magazine, Volume 56 Number 1, Fall 2014, Santa Clara University Oct 2014

Santa Clara Magazine, Volume 56 Number 1, Fall 2014, Santa Clara University

Santa Clara Magazine

14 - Hearing the cry of the poor: The Jesuit martyrs of El Salvador by Ron Hansen M.A. ’95. Their murder in November 1989 marked a turning point in the country’s civil war. What do they have to say to us now? 25 - The open window by Lucía Cerna. A first-person account by the housekeeper in the Jesuit community at the University of Central America. She witnessed the killing of six Jesuits by government soldiers, and telling the truth about that night cost her dearly. 29 - What do you stand for? By Mary Jo (Hull) Ignoffo ’78. The historian ...


Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Oct 2014

Clark Memorandum: Fall 2014, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Femicide In Bolivia After Law 348, Adán Martínez Oct 2014

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like ...


Copyright, Fair Use, And Author Rights, Sue Ann Gardner Oct 2014

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

Library Conference Presentations and Speeches

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to ...


So We Ran..., Sara R. Bias Oct 2014

So We Ran..., Sara R. Bias

Student Publications

This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.


Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias Oct 2014

Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias

Student Publications

Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.


Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe Oct 2014

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]


Ulu Al Amr & Authority: The Central Pillars Of Sunni Political Thought, Hisseine Faradj Oct 2014

Ulu Al Amr & Authority: The Central Pillars Of Sunni Political Thought, Hisseine Faradj

All Dissertations, Theses, and Capstone Projects

This dissertation evaluates the political history of Islam through the prism of the Sunni conception of authority. It finds an historical red thread that explains the legal and political evolution of different types of Islamic government that have, instead of a European-type sovereign, the Ulu Al Amr (those in authority). In addition, it argues that it is the authority of Ulu Al Amr that legitimizes temporal power via legal rulings such as Wilayah al ahed (allegiance to a dynastic monarchy) and Wlayah al qaher (obedience to coercive power and rule). Those rulings are essential to legitimating historical change. Historical legal ...


Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader Oct 2014

Faut-Il Obéir À La Loi ? – Les Pensées Politiques Des Femmes Dans La Littérature Épistolaire Et Les Mémoires Choisis À L’Époque De La Révolution Française, Justyna Czader

Open Access Theses

L'écriture est un témoin qui est difficilement corrompu-Montesquieu, L'esprit des lois. Mémoires and lettres de prisons take us to places we haven't been: prisons in bloody revolutionary Paris and the deadly Place de la Concorde. Women with different social backgrounds fought for their rights denied officially by the revolutionary authorities. They fought back was through plays, mémoires or letters. According to Philippe Lejeune, since the 18th century autobiography has become a phenomenon of civilization. I argue that the lettres de prison present not only a form of epistolary communication, but also as many personal testimonies, recollections of ...


Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun Oct 2014

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens ...


Table Annexed To Article: 'Compromise' Surveyed In Farrand's Records Volumes One And Two And In The Federalist Essays, Peter J. Aschenbrenner Sep 2014

Table Annexed To Article: 'Compromise' Surveyed In Farrand's Records Volumes One And Two And In The Federalist Essays, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic surveys all uses of the word ‘compromise’ in Farrand’s Records of the Federal Convention, Volumes One and Two, and in The Federalist Essays. Table 190_1A lists all uses (34) in Farrand’s Records, while Table 190_1B lists those (9) in The Federalist. The speaker or writer is tabled, along with the date. A concordance-style swipe of the words that supply the semantic context appears.


Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Four Intervals From 1787 Through 1836: Semantic Values Surveyed Through Quotations, 2 Ocl 610, Peter J. Aschenbrenner Sep 2014

Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In Four Intervals From 1787 Through 1836: Semantic Values Surveyed Through Quotations, 2 Ocl 610, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The semantic values of ‘constitution’ and ‘constitutional’ are spread through a five way-grid beginning with The Federalist essays of Alexander Hamilton and James Madison. In the second tranche, their writings and speeches – now as opponents – in the bank bill debate (1791) are examined and contrasted with their debate over Washington’s Neutrality Proclamation (1793); in the third tranche, Hamilton’s public letters (from his retirement as Secretary of the Treasury to his death in 1804) are surveyed; the fourth consists of Madison’s works included in Farrand’s volume 3 (Records of the Federal Convention).


Table Annexed To Article: R Output In Support Of Describing Delegate Behavior At Philadelphia: Predicting Recorded Voting Outcomes From Caucus Cohesion And Textual …, Peter J. Aschenbrenner Sep 2014

Table Annexed To Article: R Output In Support Of Describing Delegate Behavior At Philadelphia: Predicting Recorded Voting Outcomes From Caucus Cohesion And Textual …, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Using the open-source program R, Our Constitutional Logic has computed the regression statistics based upon the data set forth in Table DD in the essay Describing Delegate Behavior at Philadelphia: Predicting Recorded Voting Outcomes from Caucus Cohesion and Textual Preferences [the table is read into R as ‘history’] for the two explanatory variables – history$Vote_t_1 (which is squared) and the factor history$fStrongWeak – to predict the outcomes of the variable Probability. In a second table the non_Slave_Owning delegates’ voting behavior is likewise computed. The test statistics returned include the p-value in the critical region for the Slave_Owners at p-value: 0 ...


Blaming Culture For Bad Behavior, Leti Volpp Sep 2014

Blaming Culture For Bad Behavior, Leti Volpp

Leti Volpp

When do we call behavior "cultural"? And when do we not? Why do we distinguish behavior in this way? And what are the consequences of this difference in recognition and naming? This Essay examines narratives that emerge in cases of forced and voluntary adolescent marriage. These narratives suggest that behavior that we might find troubling is more often causally attributed to a group-defined culture when the actor is perceived to "have" culture. Because we tend to perceive white Americans as "people without culture," when white people engage in certain practices we do not associate their behavior with a racialized conception ...


The Santa Clara, 2014-09-25, Santa Clara University Sep 2014

The Santa Clara, 2014-09-25, Santa Clara University

The Santa Clara

No abstract provided.


The Bad Boy: A Cultural Phenomenon, Writing Collective Ffc 100.12 Sep 2014

The Bad Boy: A Cultural Phenomenon, Writing Collective Ffc 100.12

e-Research: A Journal of Undergraduate Work

The bad boy is a cultural phenomenon that exists as an archetype in all sorts of artistic mediums, though most prevalently in literature and film, and even in the real world. The bad boy is defined through his actions and his philosophy of resistance - of challenging the world (ours or his own) on the normalcy of its convictions. This article explores the ways in which the bad boy manifests and the vast categories he may occupy - from hero to criminal, introvert to public performer, or sexual deviant to authoritarian dictator. The bad boy is many things: a liberator, agitator, loner ...


Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley Sep 2014

Enhanced Interrogation: Torture Policies Of The United States, Philip A. Quigley

e-Research: A Journal of Undergraduate Work

Over the last decade the US Government has worked tirelessly to combat terrorists, insurgents, and those who intend harm to the US, its interests, and its allies and their interests. The US Military and the US Intelligence Community have used many tactics as part of a more complex strategy for waging a worldwide war against al-Qaeda, other terrorist organizations, and their base of support. No tactic has garnered as much public attention, media outcry, and political debate as the use of torture, or more euphemistically referred to in US Government documents, "enhanced interrogation." The use of this tactic has strained ...


A Review Of Inhuman Conditions: On Cosmopolitanism And Human Rights, Jessica Browne Sep 2014

A Review Of Inhuman Conditions: On Cosmopolitanism And Human Rights, Jessica Browne

e-Research: A Journal of Undergraduate Work

Pheng Cheah's book Inhuman Conditions: On Cosmopolitanism and Human Rights connects globalization and cosmopolitanism to the humanities in an effort to understand the nature of humanity itself. At its core, Cheah's arguments seem to relate to the quote from his book, "Humanity . . . is, after all, an interminable work of collaboration and comparison."[1] He makes his way through various stages of discourse. First, he presents theconcept of new cosmopolitanism as a departure from the cosmopolitanism of Immanuel Kant and Karl Marx. He positions new cosmopolitanism within an intellectual and philosophical paradigm relative to nationalism and cosmopolitanism as "vehicles ...


Same-Sex Marriage And Religion: An Inappropriate Relationship, Brittney Baker Sep 2014

Same-Sex Marriage And Religion: An Inappropriate Relationship, Brittney Baker

e-Research: A Journal of Undergraduate Work

The debate over same-sex marriage has been a prominent issue in our society over many years now, appearing in several ballot initiatives such as California's Proposition 8. The idea of allowing two people of the same gender to enter into the institution of marriage has brought out drastic emotions and reactions from many different groups of people. Those who engage in the debate believe strongly in their convictions; the two loudest voices tend to come from the gay community and the religious community, the former arguing in favor of same-sex marriage and the latter against it. Religious groups, predominantly ...