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- Peter J. Aschenbrenner (20)
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Articles 1 - 30 of 58
Full-Text Articles in Law
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky
Brandon Sadowsky
In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Peter J. Aschenbrenner
Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.
A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner
A Horse! My Constitution For A Horse! Wm. Shakespeare And Alex. Pope Serve The Delegate Laureates, Peter Aschenbrenner
Peter J. Aschenbrenner
‘We the people’ is justly celebrated, and was upon its first reading, by those assembled in Philadelphia. OCL, having studied the orthography and punctuography of the instrument, along with its semantic provenance, now turns to the meter of it all.
Table Annexed To Article: British Orthography In The Early Constitution, Peter Aschenbrenner
Table Annexed To Article: British Orthography In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
OCL surveys the appearance of British spelling in the Early Constitution. The stylistic developments during the course of 27 years are tracked.
Table Annexed To Article: Counting ‘Sled Dog’ Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner
Table Annexed To Article: Counting ‘Sled Dog’ Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner
Peter J. Aschenbrenner
When a vocabulary of 49 adjectives – cardinals, ordinals, pronomials, and so forth – what OCL calls the ‘sled dog’ adjectives are tested against the target vocabulary – all 5,224 words in the Early Constitution (1787-1804), a total of 485 hits are recorded. OCL surveys these results and draws conclusions.
Table Annexed To Article: Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter Aschenbrenner
Table Annexed To Article: Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured.
Table Annexed To Article: Counting Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner
Table Annexed To Article: Counting Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner
Peter J. Aschenbrenner
How many adjectives were deployed by the authors of the Early Constitution (1787-1804)? Counting adjectives in the target vocabulary, the computation returns 114 different adjectives with 531 total deployments in the 5,224 words of the Early Constitution. Why do adjectives matter in English (or in any IE language)? Why do these counts matter?
Speeches And Essays On The Jay Treaty Funding Bill (1796), Peter Aschenbrenner
Speeches And Essays On The Jay Treaty Funding Bill (1796), Peter Aschenbrenner
Peter J. Aschenbrenner
William Vans Murray challenged James Madison on the floor of the House to take up the mantle of “oracle” of the constitution. James Madison refused and returned that it was the ratifiers, not the writers, of the constitution whose opinion mattered. Hamilton, having had his say and taunted Murray into the fray, is quoted in full (and for good) measure. The year is 1796 and we still don’t know the answer to the question ‘Why do we have a constitution.’ OCL explores these issues.
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Peter J. Aschenbrenner
The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Fashion, Sexism, And The United States Federal Judiciary, Charles E. Colman
Charles E. Colman
The U.S. federal judiciary has frequently displayed a dismissive attitude toward "fashion," while simultaneously recognizing the great economic importance of clothing. As fashion was, from the formation of the United States until at least the late 1960s, associated primarily with the female sex, while judges during this time period were almost exclusively male, one naturally wonders whether the power dynamics of gender shaped the development of the law pertaining to fashion. There is good reason to believe that this has indeed been the case.
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia Tamir Johnson Dr.
The Exploratory Study Of Custody And Visitation Rights For Children In Same-Sex Families, Valencia Tamir Johnson Dr.
Valencia T Johnson
In today’s society, same-sex marriages are being legalize in some states with certain stipulations and statutory requirements in respected states. Since there are more states legalizing same-sex marriages, the courts are facing tougher challenges in Family Law that pertains to the Custody and Visitation Rights for Children in Same-Sex Families. Due to the lack of legal and judicial interpretation of statutory laws in the Custody and Visitation Rights for Children in Same-Sex Families, further research need to be explored. In addition, the article addresses the legal and judicial authority of interpreting the law in various states. The article provide a …
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Peter J. Aschenbrenner
The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.
Table Annexed To Article: Our Aesthetic Constitutions: A New View, Peter Aschenbrenner
Table Annexed To Article: Our Aesthetic Constitutions: A New View, Peter Aschenbrenner
Peter J. Aschenbrenner
A six-way division of constitutional text is presented. Responsibilities and disabilities occupy the semantic spaces ordinarily assigned to ‘powers’ and ‘rights,’ respectively. Titles, offices and intersections are segregated, which category includes the restraints between any two (and more) actors and bodies. Aspirational language is carved out, along with text addressing government to government issues, here, federal and state governments. Finally each instance of an apparatus, permitting, commanding, and prohibiting operational consideration of issues (as they may arise in the future) are named.
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Love In Action: Noting Similarities Between Lynching Then & Anti-Lgbt Violence Now, Koritha Mitchell
Koritha Mitchell
The more I learn about the violence currently plaguing LGBT communities, the more it reminds me of the brutal practice of lynching, which has been the focus my research for the past 15 years. Ultimately, both forms of violence are designed to deny targeted groups recognition as citizens. Relying on my expertise regarding racial violence as well as the data on anti-LGBT attacks collected by the National Coalition of Anti-Violence Programs (NCAVP), this essay notes similarities between lynching at the last turn of the century and anti-LGBT violence today. The piece identifies five parallels: 1) the mundane quality of the …
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Justin Schwartz
Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …
Do – Re – Mi: Una Aproximación A La Obra Musical Desde El Derecho De Propiedad Intelectual Y La Teoría Musical, Javier André Murillo Chávez
Do – Re – Mi: Una Aproximación A La Obra Musical Desde El Derecho De Propiedad Intelectual Y La Teoría Musical, Javier André Murillo Chávez
Javier André Murillo Chávez
No abstract provided.
Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt
Balance Or Trade-Off? Online Security Technologies And Fundamental Rights, Mireille Hildebrandt
Mireille Hildebrandt
In this contribution I argue that the image of the balance is often used to defend the idea of a trade-off. To understand the drawbacks of this line of thought I will explore the relationship between online security technologies and fundamental rights, notably privacy, non-discrimination, freedom of speech and due process. After discriminating between three types of online security technologies I will trace the reconfiguration of the notion of privacy in the era of smart environments. This will lead to an inquiry into the metaphor of the scale, building on the triple test regarding the justification of the limitation of …
The University's Right To Quarantine: Analyzing Student Health Laws With Regards To Epidemic Situations, Audra Phillips
The University's Right To Quarantine: Analyzing Student Health Laws With Regards To Epidemic Situations, Audra Phillips
Audra Phillips
No abstract provided.
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
Nehal A. Patel
This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …
Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner
Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
Een Eerlijk Proces Voor De 11 Van Wetteren ?, Serge Gutwirth, Dirk Voorhoof
Een Eerlijk Proces Voor De 11 Van Wetteren ?, Serge Gutwirth, Dirk Voorhoof
Serge Gutwirth
De elf milieuactivisten die tot effectieve gevangenisstraffen werden veroordeeld wegens het vernielen van een veld met genetisch gemodificeerde aardappelen in Wetteren, verschijnen binnenkort opnieuw voor de rechtbank. Serge Gutwirth en Dirk Voorhoof hopen dat ze nu wél een eerlijk proces krijgen.
Klein Klein Kleutertje. Als De Rechter Kijft En Slaat, Krijgt De Rechtsstaat Klappen, Serge Gutwirth, Dirk Voorhoof
Klein Klein Kleutertje. Als De Rechter Kijft En Slaat, Krijgt De Rechtsstaat Klappen, Serge Gutwirth, Dirk Voorhoof
Serge Gutwirth
Op 12 februari 2013 werden 11 milieuactivisten bij verstek veroordeeld tot effectieve gevangenisstraffen, o.a. wegens bendevorming. De 11 tekenden verzet aan en verschijnen binnenkort opnieuw voor de rechtbank. Meteen krijgt de rechter een nieuwe kans om wél rekening te houden met het verweer van de beklaagden. Want van een eerlijk proces en een rechtvaardig vonnis was nu geen sprake.
Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Peter J. Aschenbrenner
The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.
The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Peter J. Aschenbrenner
The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.
Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the semantic values of ‘necessary’ are separated into two groups, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined. Like ‘constitution,’ ‘necessary’ also offers competing values at the quantum level of analysis. Three different values are discoverable.
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the reader’s attention is directed to ‘exigencies’ through quotations drawn from the The Federalist Papers (the focus being on the works of Alexander Hamilton and James Madison). This article then explores their semantic contest in the bank bill debate; finally, given Hamilton’s death in 1804, Madison’s works (from 1817-1836) are examined and quotations drawn from that material.
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner
Peter J. Aschenbrenner
In this third of three articles, frequencies by Madison and Hamilton for ‘exigencies’ are cumulated. Hits surveyed in the three disputed essays are divided equally between Madison and Hamilton. Frequency (by percent) is multiplied by 1000 for ready comparison. The Word vs. the Need contest for primacy at the supra-constitutional level; JM and AH are scored accordingly.
The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S
The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S
Joseph Wawa Raphael Futakamba s
This paper examines the impact of media reporting to crime and criminal court proceeding in Tanzania in the light of exercising the legitimate right to freedom of expression by the press, on one hand and the accused rights to presumption of innocence and fair trial on the other hand. The purpose of the discussion revolves around the effect of prejudicial crime reporting to the criminal suspects/accused and available remedies within the legal system. It also, looks upon the court practices and the law in dealing with interference with the course of justice. The paper also analyses the rights of the …
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the semantic values of ‘constitution’ and ‘constitutional’ are spread through an eleven way grid, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined.