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Full-Text Articles in Law

Considering Consent: A Philosophy Of One Word's Impact, Kiley Addis Jul 2019

Considering Consent: A Philosophy Of One Word's Impact, Kiley Addis

Philosophy Summer Fellows

When considering the topic of consent in reference to sexual relations, one might view the definition as straightforward. In this project, I demonstrate that no clear, singular definition of consent exists, but rather, focus on compiling differing definitions typically used. The main definitions focused on within the research are that of how the United States legal system defines consent, how higher education institutions define consent within their policies, and how our country defines consent culturally. Using the vast differences in the definitions as the prime example, I demonstrate that no clear, singular definition of consent exists; without a concise definition ...


Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse Jul 2019

Against The Received Wisdom: Why Should The Criminal Justice System Give Kids A Break?, Stephen J. Morse

Faculty Scholarship at Penn Law

Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about ...


Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger Jul 2019

Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger

History

A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.1 For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the ...


Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee Jun 2019

Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that ...


Autonomy, Gideon Parchomovsky, Alex Stein May 2019

Autonomy, Gideon Parchomovsky, Alex Stein

Faculty Scholarship at Penn Law

Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers — the choice as to how to go about her life.

Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or ...


Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2019

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Rhode Island Earned Income Tax Credit: History And Analysis, Andrew Boardman May 2019

The Rhode Island Earned Income Tax Credit: History And Analysis, Andrew Boardman

Senior Honors Projects

This paper offers a comprehensive political history of the Rhode Island Earned Income Tax Credit (EITC) and an analysis of Rhode Island EITC recipients. It explores the history of the Rhode Island EITC, an income subsidy available to low-income workers, from its introduction in 1975 through 2018. It details the forces behind expansions and reforms and the effects of those changes. It also analyzes microdata to construct a profile of current EITC recipients. This paper concludes that the Rhode Island EITC has historically been viewed as both a poverty alleviation program and an incentive for labor market work. The Rhode ...


Reevaluating African Women’S Inheritance Rights In Indigenous Customary Law And Statutory National Law, Mallory Matheson, Ashleigh Heinze May 2019

Reevaluating African Women’S Inheritance Rights In Indigenous Customary Law And Statutory National Law, Mallory Matheson, Ashleigh Heinze

All Student Publications

When indigenous customary law violates women’s rights, how can national legal systems ensure justice for women while respecting regional cultural sovereignty? Which entities, if any, hold the jurisdiction to enforce compliance with statutory national law--and should they? I examine the tension between indigenous customary and statutory national law on women’s inheritance rights in Botswana, Uganda, and Zimbabwe. I argue that grassroots efforts to induce gender-based societal change must develop in tandem with institutional and legal reformation, as gender-egalitarian sociocultural foundations will best incentivize compliance with women’s inheritance rights. I propose three key tasks: mobilize women to achieve ...


Kline & Specter: A Professional Corporation, Ibraheem Bussey Apr 2019

Kline & Specter: A Professional Corporation, Ibraheem Bussey

Media and Communication Studies Presentations

No abstract provided.


Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope Apr 2019

Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope

Senior Honors Theses

The symbolic concept of separation between church and state defines the relationship between government and religion. While Jefferson did not author the phrase, the third President of the United States promoted the philosophy of a wall of separation between church and state in his letter to the Danbury Baptists in 1802. Jefferson’s support for a wall of separation stemmed from a strong belief in liberty of conscience and relied heavily upon the conviction to protect religious liberty. Through an analysis on the contextual history of the phrase, the original intent and application of separation of church and state becomes ...


The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown Apr 2019

The Peacemakers: Navigating The Intersection Of Biblical Justice And Contemporary Policing, Nathan Brown

Senior Honors Theses

For Christians seeking to enter the field of policing, the question of justice is answered by two separate sources. Conceptions of justice are presented by both the contemporary justice system and the Bible. The history and current state of American policing reveal a sense of justice that is concerned with fighting crime and defending the rights of the vulnerable. There are, however, inherent limitations when operating within a system made by man. Biblical justice goes further by prioritizing restoration and redeemed relationships within its conception of justice. Reconciling these two perspectives equips Christian police officers with a framework with which ...


Duncan, Parker Ward, 1909-1966 - Relating To (Sc 3396), Manuscripts & Folklife Archives Apr 2019

Duncan, Parker Ward, 1909-1966 - Relating To (Sc 3396), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3396. Memorial resolution for Parker Ward Duncan, former Judge of the Kentucky Court of Appeals, and associated correspondence between former Kentucky Governor Bert Combs and WKU President Kelly Thompson, members of the committee composing the resolution. The resolution was presented at the dedication of a portrait of Duncan to hang in the State Capitol Building.


Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis Apr 2019

Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2019 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on the Robert E. Brooker collection of land use documents and marked the completion of a project to digitize those documents


Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson Apr 2019

Codifying A Sharia-Based Criminal Law In Developing Muslim Countries, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reproduces presentations made at the University of Tehran in March 2019 as part of the opening and closing remarks for a Conference on Criminal Law Development in Muslim-Majority Countries. The opening remarks discuss the challenges of codifying a Shari’a-based criminal code, drawing primarily from the experiences of Professor Robinson in directing codification projects in Somalia and the Maldives. The closing remarks apply many of those lessons to the situation currently existing in Iran. Included is a discussion of the implications for Muslim countries of Robinson’s social psychology work on the power of social influence and internalized ...


Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce Apr 2019

Interview Of Margaret Mcguinness, Ph.D., Margaret Mcguinness Ph.D., Stephen Pierce

All Oral Histories

Dr. Margaret McGuinness was born in 1953, in Providence, Rhode Island. She went to an all-girls Catholic high school called St. Mary’s Academy Bayview in Providence where she graduated in 1971. McGuinness went on to major in American Studies and Civilization as an undergraduate at Boston University graduating with a B.A in 1975. She continued her work at Boston University where McGuinness earned a master’s of theological studies (M.T.S) focusing on Biblical and Historical Studies in 1979. She would move to New York to work on her dissertation at Union Theological Seminary finishing with her ...


Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Apr 2019

Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Thinking Globally About Copyright: Arsc At The World Intellectual Property Organization, Eric Harbeson Apr 2019

Thinking Globally About Copyright: Arsc At The World Intellectual Property Organization, Eric Harbeson

American Music Research Center Faculty Contributions

Though copyright is, for the most part, largely a function of the rules in any given country, much of our law is shaped by international negotiations and agreements. In addition to the normative role they play in our own laws, discussions over the likes of trade agreements and treaties play a significant role in shaping the trajectory of the laws. Currently, discussions are in progress over two potential international agreements that could have a significant impact on recorded sound collecting and access. For this reason, following on the heels of some of our recent success in domestic copyright advocacy, ARSC ...


Copyright And The Music Modernization Act, Eric Harbeson Mar 2019

Copyright And The Music Modernization Act, Eric Harbeson

American Music Research Center Faculty Contributions

The Music Modernization Act of 2018 is the most significant update to U.S. copyright law in many decades. Title 2 of the Act provides a long-needed, if imperfect, solution to a longstanding problem surrounding recordings fixed before Feb. 15, 1972. The article provides a summary of the key provisions in the new act, and how they may affect the work of archivists.


Does My Vote Count? Analyzing The Motivations Of American Voters And The Obstacles They Face, Kalika Mahato Mar 2019

Does My Vote Count? Analyzing The Motivations Of American Voters And The Obstacles They Face, Kalika Mahato

Honors Theses, University of Nebraska-Lincoln

One of the most indispensable rights Americans are promised is the opportunity to vote at the polls. After the women’s suffrage and civil rights movements, all American citizens above 18 and who haven’t committed a felony have the right to vote. The election process in America is viewed by many as egalitarian. However, upon a rudimentary examination into the election process, it becomes clear that this equality that America promotes is consistently at battle with classism and hierarchy. Every election, thousands of eligible voters do not vote because of inadequate information and support, barriers in the process, and ...


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy Feb 2019

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses, University of Nebraska-Lincoln

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Divided By The Sermon On The Mount, David A. Skeel Jr. Feb 2019

Divided By The Sermon On The Mount, David A. Skeel Jr.

Faculty Scholarship at Penn Law

This Essay, written for a festschrift for Bob Cochran, argues that the much-discussed friction between evangelical supporters of President Trump and evangelical critics is a symptom of a much deeper theological divide over the Sermon on the Mount, where Jesus told his disciples to turn the other cheek when struck, love their neighbor as themselves, and pray that their debts will be forgiven as they forgive their debtors. Divergent interpretations of these teachings have given rise to competing evangelical visions of justice.

The historical context dates back to the 1880s, a period when the influence of the Sermon on the ...


“A Matter Of Great Importance”: Interest Groups, The Senate Judiciary Committee, And Supreme Court Confirmation Hearings, Elizabeth A. Lane, Jessica A. Schoenherr Feb 2019

“A Matter Of Great Importance”: Interest Groups, The Senate Judiciary Committee, And Supreme Court Confirmation Hearings, Elizabeth A. Lane, Jessica A. Schoenherr

Arlen Specter Center for Public Service Research Fellowship

As Senator Arlen Specter once explained, the Supreme Court confirmation process is a “matter of great importance” to the president, the nominee, senators, and the public at large. The public cares who sits on the Court, and interest groups play a key role in disseminating information about the nominee and his or her qualifications for the job. In this paper, we focus on one piece of interest groups’ involvement in Supreme Court confirmation hearings: their decision to send senators summarized information about the nominees via briefing books. We use a combination of archival research and text analysis to examine the ...


The Justice Thread: A Curriculum For Ghanaian Churches On Biblical Justice And Child Trafficking, Matthew K. Robbins Feb 2019

The Justice Thread: A Curriculum For Ghanaian Churches On Biblical Justice And Child Trafficking, Matthew K. Robbins

Doctor of Ministry Projects

The goal of this project is to support the work of International Justice Mission in Ghana to end child trafficking by developing a compelling curriculum on biblical justice. The Justice Thread is an eight-week Bible study tracing the theme of biblical justice as it unfolds throughout the Bible. The curriculum aims to be a practical and contextually appropriate tool for churches in Ghana, which currently lack resources, training, and emphasis on justice-related ministry. The Justice Thread seeks to introduce participants to the God of justice while also educating them about the injustice of child trafficking in their midst. Ultimately, participants ...


Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker Jan 2019

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.


Ua1c11/91 Wku Police Photo Collection, Wku Archives Jan 2019

Ua1c11/91 Wku Police Photo Collection, Wku Archives

WKU Archives Collection Inventories

No abstract provided.


Cosc 101, Hiva Samadian Ph.D Jan 2019

Cosc 101, Hiva Samadian Ph.D

Faculty Syllabi

An introduction to computer science through the study of programming utilizing the programming language Python. Topics include program control, modular design, recursion, fundamental data structures including lists and maps, and a variety of problem-solving techniques.


Colonialism And Male Domestic Service Across The Asia Pacific, Julia T. Martinez, Claire K. Lowrie, Frances Steel, Victoria Haskins Jan 2019

Colonialism And Male Domestic Service Across The Asia Pacific, Julia T. Martinez, Claire K. Lowrie, Frances Steel, Victoria Haskins

Faculty of Law, Humanities and the Arts - Papers

Examining the role of Asian and indigenous male servants across the Asia Pacific from the late-19th century to the 1930s, this study shows how their ubiquitous presence in these purportedly 'humble' jobs gave them a degree of cultural influence that has been largely overlooked in the literature on labour mobility in the age of empire. With case studies from British Hong Kong, Singapore, Northern Australia, Fiji and British Columbia, French Indochina, the American Philippines and the Dutch East Indies, the book delves into the intimate and often conflicted relationships between European and American colonists and their servants. It explores the ...


Submission To Nsw Law Reform Commission Review Into Consent In Relation To Sexual Offences In Response To Consultation Paper 21, Julia Quilter Jan 2019

Submission To Nsw Law Reform Commission Review Into Consent In Relation To Sexual Offences In Response To Consultation Paper 21, Julia Quilter

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


Buzz And Pipelines: Knowledge And Decision-Making In A Global Business Services Precinct, Simon Ville, Claire Wright Jan 2019

Buzz And Pipelines: Knowledge And Decision-Making In A Global Business Services Precinct, Simon Ville, Claire Wright

Faculty of Law, Humanities and the Arts - Papers

This paper provides a historical analysis of an urban services district through its examination of the Melbourne wool trade precinct in the 1920s. It is a study of both a local and global community whose social and spatial interaction facilitated large-scale trade of a complex commodity that has rarely been examined. Geographic mapping of the local and global connections of the precinct has been combined with archival evidence. It reveals the "buzz" of the Melbourne precinct, created by local social and professional connections among wool brokers and buyers. "Pipelines" to wool growing and textile regions were developed through overseas branches ...


Low-Key Nsw Election Likely To Reveal A City-Country Divide, Gregory C. Melleuish Jan 2019

Low-Key Nsw Election Likely To Reveal A City-Country Divide, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

It may come as news to many people living in New South Wales, but there is a state election to be held on March 23. There has been little of the hullabaloo associated with elections, although I have noticed the occasional election poster in the front yards of houses as I walk along the street.