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Full-Text Articles in Law

An Insider's Guide To Notre Dame Law School 2012, Notre Dame Law School Oct 2012

An Insider's Guide To Notre Dame Law School 2012, 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 ...


Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten Oct 2012

Prelude To A Master Plan: Ware, Massachusetts, Belen Alfaro, Bruno Carneiro, Margaret Engesser, Kathryn E. Fox, Evadne R. Friedman, Timothy Inacio, Anita Lockesmith, Christina Mills, Stephanie Molden, Meagen Mulherin, Russell Pandres, Vinicius Pereira, Brian Reid, Pedro Soto, Jennifer Stromsten

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Prelude to a Master Plan offers ideas, recommendations, and a toolkit to help the town chart its own path towards that future. While the teams and individual students worked to ‘drill down’ into specific topic areas, the Studio defined three basic areas in order to think about how the various assets, challenges and ideas undermine or reinforce one another. The report is loosely organized in those terms: addressing the outlying rural areas and issues specific to these places, considering one of the key growth areas that has extended from town and the conflicts that arise from the many uses occurring ...


Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe Oct 2012

Multiculturalist Liberalism And Harms To Women: Lookin Through The Issue Of "The Veil", Anissa Helie, Marie Ashe

Publications and Research

Hélie & Ashe law review writing raises and responds to a reformulated and broadened version of Susan Okin’s 1999 inquiry, Is Multiculturalism Bad for Women? It identifies social and political developments, as well as legal and theoretical developments, that have occurred in the 21st century and that demand that reformulation.

Not limiting itself (as did Okin’s question) to interrogating the relationship between women’s equality interests and interests in “religious freedom” advanced by minority-religious groups, Hélie & Ashe is the broader inquiry, critical for liberal theory of the 21st century which has been greatly affected by the ...


Hauerwasian Christian Legal Theory, David A. Skeel Jr. Oct 2012

Hauerwasian Christian Legal Theory, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, which was written for a Law and Contemporary Problems symposium on Stanley Hauerwas, tries to develop an account of public engagement in Hauerwas’ theology. The Essay distinguishes between two kinds of public engagement, “prophetic” and “participatory.” Christian engagement is prophetic when it criticizes or condemns the state, often by urging the state to honor or alter its true principles. In participatory engagement, by contrast, the church intervenes more directly in the political process, as when it works with lawmakers or mobilizes grass roots action. Prophetic engagement is often one-off; participatory engagement is more sustained. Because they worry intensely ...


States' Rights Apogee, 1760-1840, Ryan Setliff Oct 2012

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky ...


Copyright And Personhood Revisited, Christopher S. Yoo Sep 2012

Copyright And Personhood Revisited, Christopher S. Yoo

Faculty Scholarship at Penn Law

Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom, which typically invokes the work of Immanuel Kant and Georg Wilhelm Friedrich Hegel as its philosophical foundation, views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.

This Essay argues that the conventional wisdom is fundamentally flawed. It is inconsistent both with Kant’s and Hegel’s theories about the relationship between property and personality and with their specific writings about ...


Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute Sep 2012

Agenda: 2012 Energy Justice Conference And Technology Exposition, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. Colorado European Union Center Of Excellence, University Of Colorado Boulder. Presidents Leadership Institute

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Co-sponsored with the Colorado European Union Center of Excellence and the Presidents Leadership Institute at the University of Colorado Boulder.

The ability to harness energy is fundamental to economic and social development. Worldwide, almost 3 billion people have little or no access to beneficial energy resources for cooking, heating, water sanitation, illumination, transportation, or basic mechanical needs. Energy poverty exacerbates ill health and economic hardship, and reduces educational opportunities, particularly for women and children. Specifically, access to efficient and affordable energy services is a prerequisite for achieving the Millennium Development Goal (MDG) relating to poverty eradication.

In response, the UN ...


Thomas, B. W., D. 1839 (Sc 721), Manuscripts & Folklife Archives Sep 2012

Thomas, B. W., D. 1839 (Sc 721), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 721. Photocopy of legal paper dealing with the settlement of the estate of Thomas of McCracken County, Kentucky. Property sold at an auction included two slaves.


The Law Among Nations [Virtual Exhibit], Laurel Davis Sep 2012

The Law Among Nations [Virtual Exhibit], Laurel Davis

Rare Book Room Exhibition Programs

Digital version of a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library.


Law Among Nations, Laurel Davis Sep 2012

Law Among Nations, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2012 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured early works related to international law, in editions ranging from the 15th to the 18th century.


Bowling Green Railway Company - Bowling Green, Kentucky (Sc 703), Manuscripts & Folklife Archives Aug 2012

Bowling Green Railway Company - Bowling Green, Kentucky (Sc 703), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 703. Photocopies of Warren County Circuit Court Records, #2043, which pertain to a lawsuit filed against the above said company of Bowling Green, Kentucky, due to the death of a thirteen year-old boy, Herman Lewis, on 31 October 1910, caused by the railway car running over him.


2012 Tsu Undergraduate Research Program, David Owerbach Aug 2012

2012 Tsu Undergraduate Research Program, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.


How To Get To The Other Side Of Emotional Pain, Ronnie Moore Aug 2012

How To Get To The Other Side Of Emotional Pain, Ronnie Moore

Doctoral Dissertations and Projects

The purpose of this dissertation is to provide a resource of approaches to deal with pain and guide in the direction of getting to the other side of pain. This project is used from a journey of painful events. The study is performed from literature, research and personal experiences. Therefore, this dissertation will provide and allow a person a valuable resource to deal with emotional pain and painful situations as well as provide several tools to get to the other side of emotional pain. It will also show how to understand emotional pain and work through the most devastating hurt ...


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 ...


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

Political Authority And Political Obligation, Stephen R. Perry

Faculty Scholarship at Penn Law

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 ...


Workplace Civility: A Confucian Approach, Tae Wan Kim, Alan Strudler Jul 2012

Workplace Civility: A Confucian Approach, Tae Wan Kim, Alan Strudler

Legal Studies and Business Ethics Papers

We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range of morally important rituals in organizational life and that managers should preserve and develop the intelligibility and integrity of ...


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 ...


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

Faculty Scholarship at Penn Law

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 ...


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 only 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 only 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.


Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives Jun 2012

Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 559. Form book owned and probably kept by John Harris Hanna, of Frankfort, Kentucky, as a law student. Contains examples of how to conduct various legal actions such as oaths, writs, and court proceedings. Index in back. Handwriting varies.


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll May 2012

Copyright's Creative Hierarchy In The Performing Arts, Michael Carroll

Articles in Law Reviews & Other Academic Journals

Copyright law grants authors certain rights of creative control over their works. This Article argues that these right of creative control are too strong when applied to the performing arts because they fail to take account of the mutual dependence between writers and performers to fully realize the work in performance. This failure is particularly problematic in cases in which the author of a source work, such as a play or a choreographic work, imposes content-based restrictions on how a third party may render the work in performance. This Article then explores how Congress might craft a statutory license to ...


Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell May 2012

Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell

Scholarly Works

From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was ...


Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review Apr 2012

Agenda: A Life Of Contributions For All Time: Symposium In Honor Of David H. Getches, University Of Colorado Boulder. School Of Law, University Of Colorado Law Review

A Life of Contributions for All Time: Symposium in Honor of David H. Getches (April 26-27)

On April 26-27, 2012, Colorado Law honored David H. Getches with a symposium to celebrate his life and legacy of trailblazing scholarship. “A Life of Contributions for All Time” featured a keynote address by Distinguished Professor Charles Wilkinson entitled, “Hero for the People, Hero for the Land and Water: Reflections on the Enduring Contributions of David Getches.” Top scholars in the fields of natural resources, water, and American Indian law reflected on Dean Getches’ contributions and their own insights into these fields, including Professor John Leshy, John Echohawk, Professor Carole Goldberg, Professor Joe Sax, Professor Rebecca Tsosie, Justice Greg Hobbs ...


Scholar Week, Gregg A. Chenoweth Apr 2012

Scholar Week, Gregg A. Chenoweth

Scholar Week Archives (2011-2015)

ONU Scholar Week #2.


Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard, Bob Berlin Mar 2012

Airpower Prophets: Giulio Douhet, Billy Mitchell And Hugh Trenchard, Bob Berlin

ERAU Prescott Aviation History Program

Three airpower prophets from three nations created the concept of strategic bombing and advocated independent air forces. Their theories shaped military aviation for all time. Hear about their lives, controversies, courts martial and lasting influence.


Knowledge, Wisdom, And Service: The Meaning And Teaching Of Professionalism In Medicine, Matthew K. Wynia Mar 2012

Knowledge, Wisdom, And Service: The Meaning And Teaching Of Professionalism In Medicine, Matthew K. Wynia

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University. Presented September 29, 2011.