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'Shall’ Vs. ‘Will’ In The Early Constitution: Yet Another Trans-Atlantic Dustup, Peter J. Aschenbrenner 2012 Purdue University

'Shall’ Vs. ‘Will’ In The Early Constitution: Yet Another Trans-Atlantic Dustup, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Divided by a large ocean and a common language, it’s not surprising that, yet again, empire and colony dispute, and this time, it's helping verbs, , as if taxation without representation weren’t enough of a sore point. Grammar surveyed; points scored.


Guia Para La Escritura Del Ensayo, Hector Faya, Yolanda Gamboa 2012 Georgetown University

Guia Para La Escritura Del Ensayo, Hector Faya, Yolanda Gamboa

Hector Faya

No abstract provided.


Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta 2012 University of Connecticut - Storrs

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …


Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner 2012 Purdue University

Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in the (newly minted) states ratified the Articles of Confederation can be compared with the order these states selected delegates to attend the Second Continental Congress which (in turn) proposed the Articles to the states for ratification. This comparison can then be exploited to assign bragging rights.


Being James Madison: What We Get For Time Travel, Peter J. Aschenbrenner 2012 Purdue University

Being James Madison: What We Get For Time Travel, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When we travel back in time to meet the 89rs, what is the best we can get for our trouble? James Madison would remind us that we can get methods, not answers. The constitution may be a machine, but is not a vending machine.


Table Annexed To Article: Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Who's Got Bragging Rights: Articles Of Confederation Edition, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in the (newly minted) states ratified the Articles of Confederation can be compared with the order these states selected delegates to attend the Second Continental Congress which (in turn) proposed the Articles to the states for ratification. This comparison can then be exploited to assign bragging rights.


Table Annexed To Article: A Hitch-Hiker's Guide To The Constitution, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: A Hitch-Hiker's Guide To The Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Why are we fascinated by the politics of judicial appointments? Does really this help anyone to understand Supreme Court decisions? Plenty of myths debunked, thanks to unanimous decisions and outcomes.


Argumentación Constitucional, Leonardo García Jaramillo 2012 Universidad EAFIT-Departamento de Humanidades

Argumentación Constitucional, Leonardo García Jaramillo

Leonardo García Jaramillo

No abstract provided.


Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu 2012 University of Nevada, Las Vegas

Legal Representation In The Chinese Criminal Court, Yudu Li, Hong Lu

Graduate Research Symposium (GCUA) (2010 - 2017)

Abstract: Legal representation plays an important role in criminal sentencing decisions. China has recently stipulated a mandatory legal representation clause for all offenders facing capital charges in its Criminal Procedural Law (1996). This study uses data generated from criminal court case documents involving three serious violent crimes: murder, intentional assault, and robbery. All these crimes carry a maximum of sentence of death. The study examines whether and under what conditions legal representation has an effect on criminal sentencing decisions in China. While the overall multi-regression model did not find that having a legal representation significantly reduces the criminal sentence, a …


Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke 2012 University at Buffalo School of Law

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …


Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner 2012 Purdue University

Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialed their delegations to the federal convention. A surprise winner is announced.


Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.


Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter Aschenbrenner 2012 Purdue University

Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialed their delegations to the federal convention. A surprise winner is announced.


Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh 2012 Montclair State University

Is Emerging Adulthood Influencing Moffitt’S Developmental Taxonomy? Adding The “Prolonged” Adolescent Offender, Christopher Salvatore, Travis A. Taniguchi, Wayne Welsh

Department of Justice Studies Faculty Scholarship and Creative Works

The study of offender trajectories has been a prolific area of criminological research. However, few studies have incorporated the influence of emerging adulthood, a recently identified stage of the life course, on offending trajectories. The present study addressed this shortcoming by introducing the "prolonged adolescent" offender, a low-level offender between the ages of 18 and 25 that has failed to successfully transition into adult social roles. A theoretical background based on prior research in life-course criminology and emerging adulthood is presented. Using data from the National Longitudinal Study of Adolescent Health analyses examined the relationship between indicators of traditional turning …


The Market As A Legal Concept, Justin Desautels-Stein 2012 University of Colorado Law School

The Market As A Legal Concept, Justin Desautels-Stein

Buffalo Law Review

No abstract provided.


A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber 2012 Pepperdine University

A Legal Interpretation Of North Korea’S Nuclear Program, Justin Farber

Global Tides

This paper analyzes the North Korean nuclear situation in a legal framework while assessing potential policy options for the international community. The recent change in North Korean leadership leaves spectators in question as to the new dictator’s agenda and goals. Reviewing the history of the state’s nuclear program in regard to international treaty law is fruitful in gauging how, if at all, law limits the state’s behavior. The introduction briefly explores the history of the situation before advancing into the paper’s four sub-sections. The first sub-section assesses the requirements set out by the IAEA Statute and the NPT and North …


Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: The Few, The Happy Few, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner 2012 Purdue University

The Few, The Happy Few: How Many Delegates Would Be Required To Organize The United States Of America?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The fifty-five credentialed delegates who attended (at least one or more) sessions of the Philadelphia convention supplied thirty-nine delegate signatories. But this figure is not the fewest number of delegates who could have organized the United States of America; that is, a new government which would substitute for (or secede from) the United States in Congress Assembled, the style of the (then existing) government under the Articles of Confederation.


Who's Got Bragging Rights? Delaware Or New Hampshire Or -- ?, Peter J. Aschenbrenner 2012 Purdue University

Who's Got Bragging Rights? Delaware Or New Hampshire Or -- ?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialled their delegations to the federal convention. A surprise winner is announced.


Table Annexed To Article: Secrecy Broken; Reports Of The Delegates, Peter J. Aschenbrenner 2012 Purdue University

Table Annexed To Article: Secrecy Broken; Reports Of The Delegates, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the reasoning behind various clauses. However, no delegate had access to the official journal of the constitutional convention.


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