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Articles 1 - 8 of 8
Full-Text Articles in Law
Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai
Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai
Robert L Tsai
This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …
A Primary Human Challenge, Carroy U. Ferguson
A Primary Human Challenge, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.
Gender Audits As An Input To Engender Governance: Vibhuti Patel, Professor Vibhuti Patel
Gender Audits As An Input To Engender Governance: Vibhuti Patel, Professor Vibhuti Patel
Professor Vibhuti Patel
‘gender audit’ is referred to as ‘mainstreaming’ public policy, including legislation, regulations, allocations, taxation and social projects, from the point of view of their effect on the status of women in a given society. Gender audits also analyse the income and expenditures of the government from a gender perspective. The basic assumption of a gender audits is that public policy impacts differently on men and women. The variance stems from the different roles of women and men in the family and from the lower economic status of women. The purpose of gender audits is to lead to changes in public …
Can A Person Subject To Islamic Law Make A Will In Nigeria?: Ajibaiye V Ajibaiye And Mr. Dadem’S Wild Goose Chase, Abdulmumini A. Oba
Can A Person Subject To Islamic Law Make A Will In Nigeria?: Ajibaiye V Ajibaiye And Mr. Dadem’S Wild Goose Chase, Abdulmumini A. Oba
Abdulmumini A Oba
Subsequent to the controversial case of Yunusa v Adesubokan (1971) where Supreme Court which held that a Muslim can make will under the Wills Act even if the terms of the will are inconsistent with inheritance laws under Islamic law, the Wills Act and the various State Wills Laws were amended by making them subject to Islamic law and customary law. While the amendments have been upheld severally by the Supreme Court in relation to customary law, the Court of Appeal case of Ajibaiye v Ajibaiye (2007) is the first reported case in relation to Islamic law. Mr. Dadem in …
Dhimmitude And Disarmament, David B. Kopel
Dhimmitude And Disarmament, David B. Kopel
David B Kopel
Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …
The Christian At War, Marc A. Clauson
The Christian At War, Marc A. Clauson
Marc A. Clauson, J.D., Ph.D.
No abstract provided.
Quas Primas And The Economic Ordering Of Society For The Social Reign Of Christ The King; A Third Perspective On The Bainbridge/Sargent Law And Economics Debate, Brian M. Mccall
Brian M McCall
How can it be that respected Catholic legal scholars can reach seemingly opposite conclusions about “Law and Economics?” Stephen Bainbridge has argued that both the descriptive and normative aspects of the Law and Economics movement are consistent with and even demanded by the Catholic understanding of the nature of the human person in a fallen world and our historical experience with totalitarian regimes. Mark Sargent, on the other hand, argues that at least the normative, and perhaps aspects of the descriptive, side of Law and Economics are not completely consistent with the nature and purpose of the human being as …
"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner
"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner
Michele R. Pistone
The invitation to write for this symposium stated that the preferential option for the poor “asks us to define what law and public policy would look like if consideration for the poor was at the heart of our conception of the common good.” Inquiries of this kind are useful and necessary—to a point. They also can become counter-productive. The issue of immigration, which we discuss here to illustrate our larger point about the general appropriateness of claiming that a specific policy prescription is demanded by the preferential option for the poor, presents the complications of the matter in particularly stark …