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Full-Text Articles in Law

How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles Aug 2017

Difficulties With The Interordinal Laws Of Cultural Property As Applied In The United States, And Proposed Solutions, Jeffrey John Miles

Jeffrey John Miles

This paper evaluates the interordinal web of international cultural property law as applied in the United States. The work explores problematic areas where law fails to adequately protect against illicit trade in cultural property from art to artifacts. The complexity in this area stems from the often opaque movements of cultural property and the overlapping legal regimes of foreign nation states and domestic federal and state laws. After evaluating the structure of these laws as applied in the United States, I propose solutions to improve coverage where lacunas exist.


Kia, Nuevo León E Incentivos, Alejandro Faya Rodriguez Nov 2015

Kia, Nuevo León E Incentivos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd Nov 2015

Freedom For Ramsey Muniz, Chicano Political Prisoner, Ruben B. Botello Jd

Ruben B Botello JD

SUBJECT: Ramsey Muniz, Prisoner #40288-115 Mr. President: We pray you and your loved ones are doing well. The 1994 Three Strikes law used, to sentence Mr. Ramsey Muniz (Federal Prisoner #40288-115) should never have been applied to his case according to U.S. Assistant Attorney General Jo Ann Harris. (see her below 1995 Memo to all U.S. lawyers) Furthermore, this federal Three Strikes law now held unconstitutional by the U.S. Supreme Court, in Johnson vs. United States, June 26, 2015 (see http://www.supremecourt.gov/opinions/14pdf/13-7120_p86b.pdf). It was enacted, to put serious violent felons behind bars for life, not defendants like Mr. Muniz who was …


Mercado, No Embargo, Alejandro Faya Rodriguez Aug 2015

Mercado, No Embargo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Table Annexed To Article: The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter Aschenbrenner Aug 2015

Table Annexed To Article: The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of these texts in Founding the Science of Parliamentary Procedure, 1785-1789: Basic Texts in …


Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority, Peter Aschenbrenner Aug 2015

Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.


Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor Jul 2015

Confronting The Internet's Dark Side: Moral And Social Responsibility On The Free Highway, Raphael Cohen-Almagor

raphael cohen-almagor

This book focuses on the tension between Free Speech fundamentalism and Social Responsibility at the individual, corporate, and nation-state level. It brings an international perspective to the central topics (child pornography, hate speech, suicidal and homicidal enablers, cybercrime and terrorism). The central philosophical argument of this book is the Promotional Approach, which the author sees as a kind of Golden Mean between Ronald Dworkin and Joseph Raz. The book utilizes the Aristotelian doctrine of the mean to endorse the kind of practical wisdom required to make choices between freedom and security, unlimited license and moral responsibility. It argues that this …


A Lei Das Cotas Em Concursos Da Administração Pública Federal, Prof. Dr. Eloi Martins Senhoras May 2015

A Lei Das Cotas Em Concursos Da Administração Pública Federal, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


Ambedkar And Constituent Assembly, Vivek Kumar Srivastava Dr. Apr 2015

Ambedkar And Constituent Assembly, Vivek Kumar Srivastava Dr.

Vivek Kumar Srivastava Dr.

Ambedkar was instrumental in drafting of India constitution but he had his own vision for the constitution.


Debates Sobre A Discriminação Positiva Na Lei Das Cotas Em Concursos Públicos, Prof. Dr. Eloi Martins Senhoras Apr 2015

Debates Sobre A Discriminação Positiva Na Lei Das Cotas Em Concursos Públicos, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


Liberdade De Expressão, Liberdade De Ofender, Antonio Pele Mar 2015

Liberdade De Expressão, Liberdade De Ofender, Antonio Pele

Antonio Pele

No abstract provided.


Table Annexed To Article: Governments I And Ii Govern The Northwest Territories, Peter Aschenbrenner Mar 2015

Table Annexed To Article: Governments I And Ii Govern The Northwest Territories, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents, in both RC text and PDF text format, the legislative output of the Continental Congress and the first federal Congress by which the Northwest Territories were organized and brought within the orbit of the political society governed by the United States.


Details Of Political And Civil Service For Thirty-Five General Officers Serving In The Second War For American Independence, Peter Aschenbrenner Mar 2015

Details Of Political And Civil Service For Thirty-Five General Officers Serving In The Second War For American Independence, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has supplied A Census of Thirty-Five General Officers Appointed By Madison Before or During The Second War for American Independence, 2 OCL 915_Generals_Main; that project surveyed the 35 general officers who served in the regular army from June, 1812 through February, 1815, during the Second War for American Independence. The political and civil offices for each officer are named along with years of service and a total for all such civilian service


Honestidad Y Justicia, Jorge Adame Goddard Mar 2015

Honestidad Y Justicia, Jorge Adame Goddard

Jorge Adame Goddard

Exposición sintética del desarrollo personal conforme con la razón humana, que es la honestidad, y del perfeccionamiento de la vida familiar, política e internacional conforme con la justicia.


An Introduction To Quorum Issues At The Federal Convention, Peter Aschenbrenner Feb 2015

An Introduction To Quorum Issues At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

The first Standing Order of the federal convention directed voting by states under a ‘one state, one vote’ formula, but without the fatal ‘one state, one veto’ formula which Rhode Island abused in the Confederation Congress. “A House to do business shall consist of the Deputies of not less than seven States; and all questions shall be decided by the greater number of these which shall be fully represented; but a less number than seven may adjourn from day to day.” See A Survey of the Standing Orders of the Federal Convention and the Differences Between Jackson’s and Madison’s Text, …


Calling All Senators: Can A Few States Overthrow The Government?, Peter Aschenbrenner Feb 2015

Calling All Senators: Can A Few States Overthrow The Government?, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic analyzes the mathematical logic of quorum requirements for the United States Senate in the early American republic. Constitutions I and II provided quorum minimums as counts and proportions; Constitution II set forth a proportional quorum (“majority of members”) requirement for legislative action but its action requirement must be teased out, at least for the Senate. Threats arising from any would-be tyranny of the minority are addressed as an introduction to The Vice-President’s Two Votes: Introducing the Mathematical Logic of TOM-TOM, 17 OCL 185, in which the Tyranny of the Majority and Tyranny of the Minority receive attention.


Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner Feb 2015

Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

From May 25 through September 13, 1787 the convention appointed twelve committees of which eleven reported. (The work of the Committee of the Whole House, technically not a committee, is addressed elsewhere.) Our Constitutional Logic calendars the committees by full name, date established and the date on which it reported to the convention. Each delegate’s assignments are then detailed and cumulated; the reader can identify the ‘never serving’ delegates – there are 19 of 55 who never served – and the workhorse delegates: King and Williamson served on five committees apiece, with King taking ‘top committeeman’ honours based on his …


The Standard Model Introduced, Peter Aschenbrenner Feb 2015

The Standard Model Introduced, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. There is a one-to-one relationship between a civil society and a political society. Each political society creates, manages and disposes of systems. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. Agreement on this point may be drawn from Aristotle to Burke: civil society views a political society as a contrivance to fulfill its needs. Our Constitutional Logic offers three purposes of political societies considered as constructs within civil or bourgeois society: …


The Standard Model And Its Service Missions, Peter Aschenbrenner Feb 2015

The Standard Model And Its Service Missions, Peter Aschenbrenner

Peter J. Aschenbrenner

The standard model offers civil society’s perspective on the creation, management and disposition of political society. For purposes of this investigation, political societies are treated as chartered organizations. Taken as a system-of-systems, a political society fulfills service missions on behalf of and at the behest of the civil society. What are service missions? What are types of service missions? And how do they differ from systems? Our Constitutional Logic answers these questions.


Evolução Das Mutações Legislativa E Jurisprudencial Sobre O Teto Constitucional De Retribuição Pecuniária Dos Servidores Públicas, Prof. Dr. Eloi Martins Senhoras Feb 2015

Evolução Das Mutações Legislativa E Jurisprudencial Sobre O Teto Constitucional De Retribuição Pecuniária Dos Servidores Públicas, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


Prerrogativa De Função E A Esquizofrenia Legística Na Ação De Improbidade Administrativa, Prof. Dr. Eloi Martins Senhoras Jan 2015

Prerrogativa De Função E A Esquizofrenia Legística Na Ação De Improbidade Administrativa, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


Table Annexed To Article: Detailed Delegate Attendance Table Updating Farrand’S Records Of The Federal Convention: May 25, 1787-September 17, 1787, Peter Aschenbrenner, David Kimball Jan 2015

Table Annexed To Article: Detailed Delegate Attendance Table Updating Farrand’S Records Of The Federal Convention: May 25, 1787-September 17, 1787, Peter Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the 1787 federal constitutional convention: the first day of business was held May 25, 1787. Twenty-nine delegates attended the session on that day, the low-water mark; forty-five attended on June 15, the high-point for delegate appearances. OCL updates the attendance data, which was last surveyed in Farrand's Records, 3 Farrand 586-590 (rev. ed. 1937).


Table Annexed To Article: Calling All Senators, Peter Aschenbrenner Jan 2015

Table Annexed To Article: Calling All Senators, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic analyzes the mathematical logic of quorum requirements for the United States Senate in the early American republic. Constitutions I and II provided quorum minimums as counts and proportions; Constitution II set forth a proportional quorum (“majority of members”) requirement for legislative action but its action requirement must be teased out, at least for the Senate. Threats arising from any would-be tyranny of the minority are addressed as an introduction to The Vice-President’s Two Votes: Introducing the Mathematical Logic of TOM-TOM, 17 OCL 185, in which the Tyranny of the Majority and Tyranny of the Minority receive attention.


The Capture Of The City Of Washington In Mr Text Format, Peter Aschenbrenner Jan 2015

The Capture Of The City Of Washington In Mr Text Format, Peter Aschenbrenner

Peter J. Aschenbrenner

The first post-mortem on the fall of Washington, commissioned from a committee of the House of Representatives under the leadership of Richard M. Johnson of kentucky, appeared in the American State Papers, Military Affairs subdivision, as Doc. No. 137, at Pages 524-599. The work was published in Washington by Gales and Seaton with documents of Congressional provenance selected by the Secretary of the Senate and the Clerk of the House. The Capture is not merely an exemplar of public history, the actors who participate in the events they relate self-consciously vouch for their role as historians of the moment. “In …


Six Things That Went Wrong With Delegate Descriptions Of Their Behavior At The Federal Convention, Peter Aschenbrenner Jan 2015

Six Things That Went Wrong With Delegate Descriptions Of Their Behavior At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic asks, ‘Can delegate participation at the federal convention be taken as one element in a framework (such as a citation hierarchy) which framework, by design, accounts for convention behavior both individual and collective?’ I answer this question by turning it back on the delegates themselves.’ ‘Could they have anticipated that the voices of one or two delegates would be preferred over all others?’ Six patterns of behavior should be taken into account. OCL surveys the possibilities.


Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With The Standing Orders Of The Philadelphia Convention, Peter Aschenbrenner Jan 2015

Hatsell’S Precedents Of Proceedings (Vol. 2, 2nd Ed., 1785) Extracted For Comparison With The Standing Orders Of The Philadelphia Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

John Hatsell served as Assistant Clerk to the House of Commons (later Clerk) and his four-volume Precedents of Proceedings has achieved a well-deserved iconic status among students of parliamentary practice. Our Constitutional Logic has extracted 58,277 words from Vol. 2, 2nd ed., 1785 for comparison with four principal American texts consisting of procedural rules in legislative assemblies and the federal convention. All five texts now appear in Five Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of …


Table Annexed To Article: Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner Jan 2015

Table Annexed To Article: Details Of Committee Membership At The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

From May 25 through September 13, 1787 the convention appointed twelve committees of which eleven reported. (The work of the Committee of the Whole House, technically not a committee, is addressed elsewhere.) Our Constitutional Logic calendars the committees by full name, date established and the date on which it reported to the convention. Each delegate’s assignments are then detailed and cumulated; the reader can identify the ‘never serving’ delegates – there are 19 of 55 who never served – and the workhorse delegates: King and Williamson served on five committees apiece, with King taking ‘top committeeman’ honours based on his …


The Kingfish’S Mineral Legacy: An Analysis Of The Legality Of State Mineral Leases Granted To W.T. Burton And James A. Noe During The Years 1934-1936 And Their Relevance To Former United States Senator And Louisiana Governor, Huey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. Jones, William T. Hawkins, Frederic C. Augonnet Jan 2015

The Kingfish’S Mineral Legacy: An Analysis Of The Legality Of State Mineral Leases Granted To W.T. Burton And James A. Noe During The Years 1934-1936 And Their Relevance To Former United States Senator And Louisiana Governor, Huey P. Long, Ryan M. Seidemann, Ethel S. Graham, Steven B. Jones, William T. Hawkins, Frederic C. Augonnet

Ryan M Seidemann

No abstract provided.


Internal Revenue Service Acknowledges Involvement In Jenkins Related Judicial Martial Law Activities, David Randall Jenkins Jan 2015

Internal Revenue Service Acknowledges Involvement In Jenkins Related Judicial Martial Law Activities, David Randall Jenkins

David Randall Jenkins

Jenkins applied to the Internal Revenue Service as the responsible party for his firm, Algorithm LLC, to become an IRS authorized e-­‐‑file provider. Prior to its e-­‐‑file provider application response, the agency had approved Algorithm LLC (RDAWB) as a continuing education provider based on Jenkins’ academic credentials. On May 22, 2015, however, the Internal Revenue Service responded to the Algorithm LLC e-­‐‑file provider application by rejecting it. The basis for the rejection was the Federal Bureau of Investigation report on Jenkins’ criminal background.On June 3, 2015, Jenkins filed a timely appeal of the IRS May 22, 2015 rejection of the …