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Full-Text Articles in Law

Law In War, Law As War: Brigadier General Joseph Holt And The Judge Advocate General’S Department In The Civil War And Early Reconstruction, 1861-1865, Joshua E. Kastenberg Apr 2011

Law In War, Law As War: Brigadier General Joseph Holt And The Judge Advocate General’S Department In The Civil War And Early Reconstruction, 1861-1865, Joshua E. Kastenberg

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During the Civil War, the Union Army grew from a semi-professional force of 12,000 to a force of almost one million citizens. The unique disciplinary requirements for this citizen army were only one facet of the nation's unique wartime needs. Lincoln believed, with credibility, that a dangerous enemy resided within the north, and the common civil laws were not strong enough to contain this enemy. To achieve a disciplined military and to defeat the internal enemy, Lincoln turned to Joseph Holt, nominating the former Secretary of War to the position of Judge Advocate General of the Army. A friend of …


Secured Transactions, Frederick M. Hart, Nathalie Martin Jan 2011

Secured Transactions, Frederick M. Hart, Nathalie Martin

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Introduction to secured transactions : collection of debts and liens -- Scope of Article 9 and types of collateral -- Remedies : the secured party's rights against the debtor -- Creation of a security interest -- Perfection of security interests -- Priorities -- Some basic bankruptcy concepts.


Three Stories In One: The Story Of Santa Clara Pueblo V. Martinez, Gloria Valencia-Weber Jan 2011

Three Stories In One: The Story Of Santa Clara Pueblo V. Martinez, Gloria Valencia-Weber

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Santa Clara Pueblo v. Martinez' is an especially rich case that intermingles three stories: one is about Julia Martinez and her family; a second features Santa Clara Pueblo itself; and a third highlights dynamics within the United States Supreme Court. Decided in 1978, the Martinez case denied Julia Martinez access to federal court to challenge a Pueblo membership ordinance treating female members who marry outside the Pueblo differently from male members who marry outside. The case has long attracted attention from feminists and human rights advocates, because they see a woman's claim of gender discrimination pitted against a Pueblo's claim …


Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell Jan 2011

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

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The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. …


Theorizing The More Responsive State: Transcending The National Boundaries Of Law, Laura Spitz Jan 2011

Theorizing The More Responsive State: Transcending The National Boundaries Of Law, Laura Spitz

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Literature theorizing the state typically focuses on the nation-state as the locus of state power and authority, bounded by territorial and/or geopolitical borders. Within legal scholarship, an even narrower focus is common: the state as adjudicatory apparatus. Yet it may be more productive to shift the conceptual lens to embrace a wider and less vertical conception of state power. Thus, this chapter takes Fineman’s invitation to begin the task of theorizing a “more responsive state” in the US, by looking beyond the US, and putting two groups of scholars in conversation with one another: feminist legal theorists on the one …