Law Commons^™

Ijtihād Against Madhhab: Legal Hybridity And The Meanings Of Modernity In Early Modern Daghestan, Rebecca Gould

Rebecca Gould

No abstract provided.

The African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt Dr.

Jeremy I. Levitt Dr.

This Article reconsiders the prevalent ahistorical assumption that international law began with the Treaty of Westphalia. It gathers together considerable historical evidence to conclude that the ancient world, particularly the New Kingdom period in Egypt or Kemet from 1570-1070 BCE, deployed all three of what today we would call sources of international law. African states predating the modern European nation state by nearly 6000 years engaged in treaty relations (the Treaty of Kadesh), and applied rules of custom (the MA'AT) and general principles of law (as enumerated in the Egyptian Bill of Rights). While Egyptologists and a few international lawyers …

The African Origins Of International Law: Myth Or Reality?, Jeremy I. Levitt Dr.

Jeremy I. Levitt Dr.

No abstract provided.

Moving From Fad To Fundamentals: The Future Of The Evangelical Christian Adoption And Orphan Care Movement, David M. Smolin

David M. Smolin

Although the current evangelical Christian adoption and orphan care movement is less than ten years old, it has already attracted severe criticism. As an evangelical Christian and adoptive parent, I have been among the “inside critics” of the movement. The inside critique of the movement is distinctive in embracing the Christian presuppositions of the movement, while still offering objections to the theology, rhetoric, and practices associated with it.

Given the intensity and scope of my critiques, it may have been easy to misunderstand the intention as purely negative. To the contrary, however, my intention is ultimately constructive because I am …

The History Of Firearm Magazines And Magazine Prohibitions, David B. Kopel

David B Kopel

In recent years, the prohibition of firearms magazines has become an important topic of law and policy debate. This Article details the history of magazines and of magazine prohibition.

Because ten rounds is an oft-proposed figure for magazine bans, Part I of the Article provides the story of such magazines from the earliest sixteenth century onward. Although some people think that multi-shot guns did not appear until Samuel Colt invented the revolver in the 1830s, multi-shot guns predate Col. Colt by over two centuries.

Especially because the Supreme Court’s decision in District of Columbia v. Heller considers whether arms are …

New York Times V. Sullivan And The Rhetorics Of Race: A Look At The Briefs, Oral Arguments, And Opinions, Carlo A. Pedrioli

Carlo A. Pedrioli

Given the strife of the Civil Rights Movement that surrounded the case, this article looks back at the use of race in New York Times v. Sullivan. Specifically, the article examines how the advocates, led by Herbert Wechsler for the Times, I. H. Wachtel, William Rogers, and Samuel Pierce for the four ministers, and Roland Nachman for Sullivan, dealt with race in their rhetorics to the Court, both in their merits briefs and their oral arguments, and also how the justices used race in their opinions. Although Justice William Brennan did not explicitly focus on race in his opinion for …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Filosofía De La Responsabilidad Extracontractual: Un Llamado Al Debate, Jorge Luis Fabra

Jorge Luis Fabra Zamora

Recientemente se ha comenzado a hablar con fuerza de la “filosofía de la responsabilidad extracontractual” en Latinoamérica. La publicación de varias compilaciones de artículos, la traducción de uno de los textos fundacionales del área, y la publicación del primer libro con una contribución original al debate en español han hecho que este estudio filosófico se consolide un cuerpo académico por mérito propio. Sin embargo, a pesar de estos logros, la idea de una “filosofía de la responsabilidad extracontractual” puede sonar extraña al jurista práctico. Como señala Zipursky, desde la perspectiva de los jueces o abogados, la responsabilidad extracontractual –que se …

Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the 831 unique words in the Philadelphia Constitution, what were the most frequently used words? The least? OCL lists all unique words in rank order with and without frequencies, accounting for the word total of 4,321 words in the Philadelphia Constitution.

The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner

Peter J. Aschenbrenner

There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure, Our Constitutional Logic paraphrases the immediate cause of the Civil War, with citation to Dred Scott’s case at 60 U.S. 393, 446 (1857). That, however, is not the only defect in the purchase of Alaska from the Czar of the Russias. Our Constitutional Logic investigates the non-Euclidean geometry pertinent to the treaty’s boundaries such as they might appear on the sphere near you.

Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner

Peter J. Aschenbrenner

The employment of earthworks and breastworks in defense of dense communities is considered in light of the advice of Baron Henri de Jomini which the Secretary of Defense transmitted before Madison appointed. Because the Secretary failed to follow the Baron’s advice – which the Secretary had transmitted into print culture as Hints to Young Generals – Madison sacked him after the battle of Bladensburg.

The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao

Anne T Gallagher

Critique of the Global Slavery Index. For published version see http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher

Ages Of The Delegates At The Federal Convention: Early Birds And Worms?, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.

Initial Federal Offices Created/Contemplated By The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Whether commands, permission, or prohibitions are trafficked, this three-way division credited to Jeremy Bentham, spatial logic dictates that for every office there must be, sooner or later, an office holder. The one hundred and seven offices created or contemplated by the Philadelphia Constitution are surveyed.

Table Annexed To Article: Unique Words In Constitutions I And Ii Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

Constitution I and Constitution II are surveyed with all words treated as appearing only once; that is, appearing uniquely. The texture of the two constitutions is presented with comparative lists of the 775 unique words of Constitution I with the 831 unique words of Constitution II; the 406 unique words of Constitution II which appear in Constitution I are calendared.

The Triumph Of The Hindu Right, Ananya Vajpeyi

Ananya Vajpeyi

No abstract provided.

The Reannexation Of Alaska, By Russia, Reconsidered, Peter Aschenbrenner

Peter J. Aschenbrenner

Each house district shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socio-economic area, in paraphrase, the Alaska Constitution (Article VI) enjoins. However, when the current potentate of all that is Russia considers reannexation of all that is Alaska, the results must be calendared accordingly to their respective merits.

The Problem Of Sovereignty, International Law, And Intellectual Conscience, Richard L. Lara

Richard Louis Lara

The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts in Friedrich Nietzsche’s views on human reason and epistemology. The essay begins by considering the problem of sovereignty from …

The Tension Between Normativity And Plurality In Religious Dogmas And In Constitutional Principles, Vinicius Pintas Marinho

Vinicius Pintas Marinho

This essay briefly analyzes whether the tension between normativity and plurality in religious dogmas may shed a light in the similar tension also found in the dynamics of constitutional principles. The application of Gadamer’s hermeneutical theory to a transcendental theological framework is placed into conversation with Dworkin’s integrity of the law. This is undertaken through a comparison between the dynamics of conversation for religious dogmas as symbols of a tradition and the function of constitutional principles in the context of Ronald Dworkin’s theory of law as integrity.

Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo

Matthew Rimmer

The role of the creative industries – arts and artists – in helping to drive the changes in laws and behaviours that are necessary to tackle climate change, while not superficially obvious, is a deep one. Arts and artists of all kinds, as cultural practitioners, have been closely entwined with social change and social control since time immemorial, in large part because they help shape our understanding of the world, framing ideas, prefiguring change, and opening hearts and minds to new ways of thinking. They have played a major role in campaigns for law reform on many issues, and climate …

Table Annexed To Article: Madison's Apology For The Fall Of Washington In Mr Text, Peter Aschenbrenner

Peter J. Aschenbrenner

As for his explanation for his failed leadership in support of regular and militia forces at Bladensburg, Madison held his fire during his lifetime; posthumous publication of important and highly nuanced writings – amounting to his apology to the nation for his failures – were finally acquired by Congress and published in 1865 (the Lippincott edition). Of four groupings of documents his Memorandum, dated August 24, 1814 and his Memorandum, referencing August 29, 1814, both written long afterwards are presented in MR text format by Our Constitutional Logic.

Table Annexed To Article: The Art Of War By Baron Henri De Jomini In Mr Text, Peter Aschenbrenner

Peter J. Aschenbrenner

The Baron Henri de Jomini’s Grand Tactique, first published in France (1805), went through a number of different editions and appeared under different titles and in different series throughout the first half of the Nineteenth Century. Although a reduction/translation of the work appears as John Armstrong’s Hints to Young Generals, which Our Constitutional Logic has published (for the first time) in MR text at 2 OCL 651, Jomini’s Grand Tactique was not faithfully rendered into English until 1862 (with a follow on printing in 1865) by Capt. G.H. Mendell and Lt. W.P. Craighill. Since OCL has compared this edition with …

Madison’S Semantic Purity Project And Its Sisters, Peter Aschenbrenner

Peter J. Aschenbrenner

Madison’s semantic purity project foundered on a reef of Hamiltonian dimensions; its lack of success should intensify our interest in all of its programmatic aspects. This broader view is provided by treating two of JM’s projects – named as Madison’s Ratifications: Exploiting Ratification Debates and Madison’s Taxonomy: Fifteen Methods of Constitutional Reasoning – as co-equal to Madison’s Semantic Purity: Procedures at Risk. The article follows on The Doctrine of Semantic Purity: Madison’s Project (and its Difficulties) Introduced, 2 OCL 798

Table Annexed To Article: Bentham’S 1789 Footnote To The Introduction To The Principles Of Morals And Legisation [Revised Edition, 1789], Peter Aschenbrenner

Peter J. Aschenbrenner

In the 1789 (revised edition) of Jeremy Bentham’s The Introduction to the Principles of Morals and Legislation, Bentham appended a footnote of 4,089 words. First, Our Constitutional Logic leaves various identifiable exceptions to one side. Second, Bentham’s sentences may be taken in natural or semi-regimented style. All laws may be divided into three types: commands, prohibitions and permissions. Leaving to one side Bentham’s wheelbarrow of neologisms, ‘Bentham’s Sieve’ receives its due attention.

Table Annexed To Article: Using A Control Group To Measure Words Of Science In Selected Works: An Introduction To Scoring Word Frequencies, Peter Aschenbrenner

Peter J. Aschenbrenner

OCL selected fourteen words in a ‘words of science’ family: system, science, math, arithmetic, geometry, abstract, logic, theory, paradox, fallacy, hypothesis, experiment, symmetry, calculus. The words were tested against four target files and a control file. The latter was a basket of five literary works by British authors. The four target files were: Blackstone’s Commentaries, Bentham’s Fragment on Government, the Federalist essays and twenty prefaces to congressionally sponsored multi-volume works with publication dates 1815-1861.

Table Annexed To Article: Machine Readable Text: A Working List Of Texts Posted On Line, Peter Aschenbrenner

Peter J. Aschenbrenner

A working list of all machine readable texts which Our Constitutional Logic has published to date (or which are in progress) is supplied.

The Great Divorce I: Was Wm. Blackstone’S Investigation Of ‘Thirty-Five’ Gradual Improvements (In The Final Chapter Of The Commentaries) A Scientific Enterprise?, Peter Aschenbrenner

Peter J. Aschenbrenner

1763 is a convenient point to mark both the conclusion of the Third Silesian War and The Great Divorce, by which the men and women of hard science and the practitioners of law, history, political science and philosophy went their separate ways. As befits nastiness in human affairs, a custody battle diposed maths (including the mature calculus and the nascent statistics) to hard sciences, principally, physics, astronomy, chemistry and biology. Disconsolate, the practitioners of the polysciences struggled forward, suffering further revolutions at the end of the Nineteenth Century. Turf wars in academia were not new, as of the Treaty of …

Table Annexed To Article: Mr Text Of Prefaces To Histories Appearing In Twenty-Eight Congressionally Sponsored Multi-Volume Works With Publication Dates 1815-1861, Peter Aschenbrenner

Peter J. Aschenbrenner

To introduce the first volume of each of the multi-volume works of the twenty-eight Congressionally sponsored multi-volume documentary histories, compilations, recreated debates and similar works the respective authors created 20 different instances of prefatory material, with a total of 122 pages in 42,276 words. These have been keyed into machine readable format and are available for word counts and surveys of frequencies.

Table Annexed To Article: Speeches And Essays Concerning The Neutrality Proclamations Debates, Peter Aschenbrenner

Peter J. Aschenbrenner

In 1793 Alexander Hamilton and James Madison crafted sixteen essays, public and private letters addressing Washington’s Neutrality Proclamation of April 22, 1793. The pertinent text of the proclamation reads: ‘Whereas it appears that a state of war exists between Austria, Prussia, Sardinia, Great Britain, and the United Netherlands of the one part and France on the other, and the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers: I have therefore thought fit by these presents to declare the disposition of …

The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells

Ron D. Katznelson

The prevailing historical accounts of the formation of the U.S. aircraft “patent pool” in 1917 assume the U.S. Government necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be inconsistent with the historical facts. We show that despite the existence of basic aircraft patents, aircraft manufacturers faced no patent barriers in the market dominated by Government demand. We show that the notion of the aircraft patent hold-up is a myth created by Government officials and used to persuade Congress to authorize eminent domain condemnation of basic aircraft patents. Government officials used the threat …