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Full-Text Articles in Law

The Significance Of As 8.08.207 And Marshall’S Mcculloch, Peter J. Aschenbrenner Oct 2014

The Significance Of As 8.08.207 And Marshall’S Mcculloch, Peter J. Aschenbrenner

Peter J. Aschenbrenner

To become a lawyer in Alaska study at an accredited law school is rendered (potentially) avoidable if a student can study the branches of the law as prescribed by the course of study adopted by the University of Alaska, by which paraphrase Our Constitutional Logic cites the reader to AS 8.08.207(c).


Table Annexed To Article: Slave_Owner Attendance In Twenty-Five Votes On Article Ii, Section 1 Based On Updated Attendance Table, Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: Slave_Owner Attendance In Twenty-Five Votes On Article Ii, Section 1 Based On Updated Attendance Table, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic tables the attendance of Slave_Owner delegates in the twenty-five votes on Article II, Section 1 at the Philadelphia convention on August 24 and September 5 and 6, 1787; the information is drawn from Detailed Attendance Table Updating the Table Appearing in Farrand’s Records of the Federal Convention, May 25, 1787-September 17, 1787, 2 OCL 100, in which OCL updated the attendance data which was last surveyed in Farrand's Records of the Federal Convention of 1787, Vol. 3: 586-590.


Table Annexed To Article: Farrand's Volume Three Consisting Of Reports On The Federal Convention (1911, Rev. 1937) In Mr Text Format, Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: Farrand's Volume Three Consisting Of Reports On The Federal Convention (1911, Rev. 1937) In Mr Text Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents machine searchable text of volume 3 of Max Farrand’s 1937 (revised edition) of his Records of the Federal Convention. This is the most important experiment in assembling meta-text in the Twentieth Century. OCL’s MR format enables machine searching. The word count returns 226,481. The Federalist essays count 189,728 words.


The Significance Of As 8.08.207 And Marshall's Mcculloch, Peter J. Aschenbrenner Oct 2014

The Significance Of As 8.08.207 And Marshall's Mcculloch, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Madison’s Federalist No. 10 theorized that size wasn’t an issue when it came to constructing a large republic. Our Constitutional Logic investigates events as they devolved upon the admission of Alaska to the Union on January 3, 1959.


As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner Oct 2014

As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The legislative council shall annually examine, AS 24.20.065(a) provides in paraphrase, published opinions of state courts that rely on state statutes if the opinions indicate unclear or ambiguous statutes. Our Constitutional Logic examines the collaboration theory of lawmakers, on the codelaw and caselaw side of the ledger.


As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner Oct 2014

As 24.25.065, A Statute Devolved From Aristotle's Rhetoric, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The legislative council shall annually examine, AS 24.20.065(a) provides in paraphrase, published opinions of state courts that rely on state statutes if the opinions indicate unclear or ambiguous statutes. Our Constitutional Logic examines the collaboration theory of lawmakers, on the codelaw and caselaw side of the ledger.


Table Annexed To Article: Sources Supplied In Support Of "Managing Military Talent And Tactics In Defense Of A National Capital: Madison's 'Lessons Learned' From Napoleon's Capture Of Moscow", Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: Sources Supplied In Support Of "Managing Military Talent And Tactics In Defense Of A National Capital: Madison's 'Lessons Learned' From Napoleon's Capture Of Moscow", Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic, in line with its usual practice of enabling access to resources, has posted (in MR text format) the eight most important texts which support or shed light on the points made in the main article, titled above, which will be posted separately. A preliminary version will be read to a panel of the Society for the Historians of the Early American Republic at its Philadelphia conference in July, 2014. The table directs the reader to the URLs for each of the eight texts, including unpublished letters of Adm. Alexander Cochrane. The table includes other materials such as ...


Table Annexed To Article: Luther Martin's Genuine Information In Mr Text Format (1787), Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: Luther Martin's Genuine Information In Mr Text Format (1787), Peter J. Aschenbrenner

Peter J. Aschenbrenner

In his address to the Maryland House of Delegates in November 1787, supplemented by public correspondence Martin attacked the proposed federal government, thereafter continuing his fight into the Maryland ratification convention. His Genuine Information, Delivered To The Legislature Of The State Of Maryland, Relative To The Proceedings Of The General Convention, Held At Philadelphia, In 1787, By Luther Martin, Esq., Attorney-General Of Maryland, And One Of The Delegates In The Said Convention, consists of 28,899 words. Our Constitutional Logic publishes a machine readable / machine searchable text which includes the (often omitted) preamble.


Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner Oct 2014

Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic surveyed word counts for ‘enumeration’ and ‘limited’ in the Records of the Federal Convention, volume 3, edited by Max Farrand and in the 85 essays of The Federalist. Results are tabled.


The Santa Clara, 2014-10-30, Santa Clara University Oct 2014

The Santa Clara, 2014-10-30, Santa Clara University

The Santa Clara

No abstract provided.


Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth Oct 2014

Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth

Faculty Work Comprehensive List

"This list is ranked based on my perceptions of importance, newsworthiness, and the interests of this audience. Every Supreme Court case is significant. I just think these will be the most significant for a reading of in all things to know."

Posting about significant U.S. Supreme Court cases from the last term 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/top-10-u-s-supreme-court-cases-you-should-know-about/


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 ...


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.


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 ...