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Articles 1 - 30 of 43
Full-Text Articles in Law
Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha
Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …
Opposing The Lottery In The U.S.: The Forces Behind Individual Attitudes Towards Legalization In 1975, Andrew J. Economopoulos
Opposing The Lottery In The U.S.: The Forces Behind Individual Attitudes Towards Legalization In 1975, Andrew J. Economopoulos
Business and Economics Faculty Publications
In the 1970s, opposition to the lottery started to fracture in the US. This study examines causes of the fracture and historical factors that contributed to changes in individual attitudes towards legalization. The opponents at the time held to traditional arguments against legalized lotteries—negative economic effects, costs to others and increased crime. Unlike in the past, however, there was weak religious institutional opposition to lotteries. Individuals with a strong commitment to their religious affiliation were more resistant to pro-lottery arguments, but in most cases could be convinced to support the lottery. The pre-World War II generation remained steadfast against the …
Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell
Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell
New England Journal of Public Policy
This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
Ian Gallacher
This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
College of Law - Faculty Scholarship
This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.
Irish Law 2006, Notre Dame Law School
Irish Law 2006, Notre Dame Law School
About the Law School
Dear Notre Dame Law School Class of 2009,
Welcome as a potential student to Notre Dame Law School! We are thrilled to be among the first
to receive you into our family. We know that this is an exciting time for you and that, if you are
anything like we were just a couple of years ago, you probably have plenty of questions about law
school and Notre Dame. That's why we've prepared the Guide. We hope it will answer many of
your questions and that it will provide a window into Notre Dame Law School. We also hope
that …
Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter
Two Cases Of Apostasy In Dubno In 1716 Jews, Christians, And Family Life, Magda Teter
Early Modern Workshop: Resources in Jewish History
This text relates a trial of two Christian women who accepted to Judaism that took place in the city of Dubno in eastern Poland in 1716. The text presented here comes from a collection of primary sources published in Kiev [now Kyiv] in 1869, as part of effort by scholars at the time to collect and publish primary source materials about Ukraine. The collection is called Arkhiv Iugo-zapadnoi Rossii, or The Archive of South-Western Russia, and contains documents from the South-Western part of Ukraine.
This presentation is for the following text(s):
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Les Enfants De La Guerre : Adolescence Et Violence Postcoloniale Chez Badjoko, Dongala, Kourouma Et Monénembo, Koffi Anyinefa
Les Enfants De La Guerre : Adolescence Et Violence Postcoloniale Chez Badjoko, Dongala, Kourouma Et Monénembo, Koffi Anyinefa
Présence Francophone: Revue internationale de langue et de littérature
This essay deals with the representation of African child-soldiers in three novels and an autobiography. Why do children take part in African postcolonial civil wars? How are they portrayed? These children are not —as public opinion would often have it— only the victims of postcolonial violence, but are also agents of social change. Their violent involvement in political affairs constitutes the most radical form of their determination to be heard, and the most eloquent form of their protest against their precarious living conditions in a postcolonial Africa in crisis.
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis
The University of New Hampshire Law Review
[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …
Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso
The University of New Hampshire Law Review
[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.
To understand current disputes over whether and how to teach the origins of life …
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann
Michael D. Mann
This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.
The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).
Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha
Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.
Egypt: A State Of Emergency, A State Of Mind, Diana Elassy
Egypt: A State Of Emergency, A State Of Mind, Diana Elassy
Archived Theses and Dissertations
This work attempts to explore the normalized state of emergency in Egypt. For more than two decades, Egypt has existed under the control of emergency legislation designed to curb civil and political rights. This work examines the current state of emergency within the framework of socio-economic, philosophy, and Egyptian history in order to assess the rationale of its raison d'etre.
The work commences with a brief history of Egypt under the rule of the Mamluk dynasty prior to European incursion and the development of the nation-state. It then discusses the European occupation, the rise of the nation-state, and the current …
Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska
Draft Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries, Pursuant To The Fort Berthold Mineral Restoration Act, Us Army Corps Of Engineers, Omaha District, Nebraska
US Government Documents related to Indigenous Nations
This report, dated May 2006, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project back to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into four sections: Introduction, Background, Proposed Determination, Public Comment and Response. …
Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen
Is Resisting Genocide A Human Right?, David B. Kopel, Paul Gallant, Joanne D. Eisen
David B Kopel
The genocide in Darfur, Sudan, is perhaps the worst human rights crisis of the new century. This article examines the failures of the international response so far, and offers a solution based on international human rights law.
Conducting an in-depth study of the Darfur genocide, and also discussing other genocides, the Article details the inadequacy of many of the international community's response to genocides, including “targeted sanctions” or international peacekeeping forces.
The Article then examines international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, and demonstrates that groups which …
Beware Of Boldness, Conrad C. Crane
Beware Of Boldness, Conrad C. Crane
The US Army War College Quarterly: Parameters
No abstract provided.
The Reinvention Of Nato, Robert M. Antis
The Reinvention Of Nato, Robert M. Antis
Graduate Program in International Studies Theses & Dissertations
In 2006, NATO is operating well out of area and conducting missions beyond the collective defense limits of its founding Treaty. NATO increasingly supports humanitarian relief operations, while also engaged in Afghanistan, the Mediterranean, and African crisis spots.
These changes provide the reason to examine the thesis: only if NATO is able to effectively transform will it be able to continue in its role as the primary European security institution. This transformation of the Alliance is a process, and one that could yet come to an untimely conclusion following any crisis. How NATO has adapted so far, and the potential …
Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Howard Gittis (L '58) was a partner at Wolff Block Solis Cohen and later vice chairman and a close adviser to Ronald Perelman at MacAndrews & Forbes. He served on the Temple University Board of Trustees for 27 years, including six years as chair. He died in 2007.
Economics: Labor And Health In South Asia By Vibhuti Patel, Professor Vibhuti Patel
Economics: Labor And Health In South Asia By Vibhuti Patel, Professor Vibhuti Patel
Professor Vibhuti Patel
In Bangladesh, India, Nepal, Pakistan, and Sri Lanka, inferior terms of women’s employment perpetuate their subordination in family and society and impact their health adversely. How women are paid and valued in the fields, factories, and offices has direct bearing on women workers’ status within and outside the workplace. The statistical profile of women’s work in South Asia reveals ahigh maternal mortality rate, adverse sex ratios, low levels of literacy, the highest work participation of women in agriculture, and women’s estimated earned income as less than half that of men, signifying the undervaluation and unpaid nature of women’s productive economic …
Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic
Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic
History Faculty Publications
Book review by Julie Mujic.
Soodalter, Ron. Hanging Captain Gordon: the life and trial of an American slave trader. New York: Atria Books, 2006.
ISBN 9780743267274
The Maine Women's Advocate (2006 - Fall), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Fall), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2006 - Summer), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Summer), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
The Maine Women's Advocate (2006 - Winter), Maine Women's Lobby Staff
The Maine Women's Advocate (2006 - Winter), Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble
Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …
The Impact Of Regional Economic Integration Under The Gatt/Wto Regime Toward The Peace Process: The Case Of Conflict Resolution Between Taiwan And Mainland China, Chen-Yu Wang
SJD Dissertation Abstracts
The main idea of this dissertation is to analyze the possible range of expected a bilateral trade agreement toward economic integration between Taiwan and Mainland China as the first step of peace process. By doing this, this dissertation is devoted to the examination of the "regional economic integration under the GATT/WTO regime" and its impacts on the "peace process," especially in the circumstance of Taiwan Strait.
Although the mutual economic and trade transactions are closer than ever before, the political conflicts between Taiwan and Mainland China are too serious to nearly reach war. Taking into consideration the successful accession into …
Faculty And Male Football And Basketball Players On University Campuses: An Empirical Investigation Of The "Intellectual" As Mentor To The Student Athlete, Keith Harrison
Dr. C. Keith Harrison
No abstract provided.
The Catholic Second Amendment, David B. Kopel
The Catholic Second Amendment, David B. Kopel
David B Kopel
At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
The Framers' Idea Of Marriage And Family, David F. Forte
The Framers' Idea Of Marriage And Family, David F. Forte
Law Faculty Contributions to Books
The founders understood the symbiotic connection between family virtues and civic virtues. They knew it through their study of the classics, through their imbibing of the Scottish enlightenment, through their understanding of the providential nature of the Judeo-Christian God, through their familiarity with self-governing liberty, and through their utter respect of their own human experience of living. They looked upon the family as a model in which man’s selfish impulses would be contained, where the coordination of practical tasks could be effectuated, and where sentiments of affection and mutual respect could bind a people into a nation. It was the …