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2007

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The Trial Of William 'Big Bill' Haywood, Douglas O. Linder Jan 2007

The Trial Of William 'Big Bill' Haywood, Douglas O. Linder

Faculty Works

The struggle between the Western Federation of Miners and the Western Mine Owners' Association at the turn of the twentieth century might well be called a war. When the state of Idaho prosecuted William Big Bill Haywood in 1907 for ordering the assassination of former governor Frank Steunenberg, fifteen years of union bombings and murders, fifteen years of mine owner intimidation and greed, and fifteen years of government abuse of process and denials of liberties spilled into the national headlines. Featuring James McParland, America's most famous detective; Harry Orchard, America's most notorious mass murderer turned state's witness; Big Bill Haywood, …


Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce Jan 2007

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”


Conscientious Objection As A Basis For Refugee Status Protection For The Fundamental Right Of Freedom Of Thought, Conscience, And Religion, Karen Musalo Jan 2007

Conscientious Objection As A Basis For Refugee Status Protection For The Fundamental Right Of Freedom Of Thought, Conscience, And Religion, Karen Musalo

Faculty Scholarship

No abstract provided.


Sunset Provisions In The Tax Code: A Critical Evaluation And Prescriptions For The Future, Manoj Viswanathan Jan 2007

Sunset Provisions In The Tax Code: A Critical Evaluation And Prescriptions For The Future, Manoj Viswanathan

Faculty Scholarship

No abstract provided.


"Their Sleep Is To Be Desecrated": California's Central Valley Project And The Wintu People Of Northern California, 1938- 1943, April Farnham Jan 2007

"Their Sleep Is To Be Desecrated": California's Central Valley Project And The Wintu People Of Northern California, 1938- 1943, April Farnham

Ethnic Studies Review

The morning of July 14, 1944, was intended to be a moment of celebration for the City of Redding, California. Secretary of the Interior Harold L. Ickes had been scheduled to arrive in the booming city to dedicate Shasta Dam, a national reclamation project of great pride to local citizens and construction workers. Just days prior, however, the dedication ceremony had been canceled due to the inability of Ickes to leave Washington D.C.. Instead, a small group of U.S. Bureau of Reclamation (BOR) officials, Sacramento Municipal Utility District (SMUD) officials, and local city officials quietly gathered within the dam's $19,400,000 …


Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy Jan 2007

Rethinking Patent Law’S Uniformity Principle, Craig Allen Nard, John F. Duffy

Faculty Publications

Modern law on expert testimony insists, as a condition of admissibility, that the asserted expertise be determined by the trial judge to be reliable. Reliability is usually characterized as a dichotomous attribute of evidence, as if expertise were either reliable or unreliable. This article argues that making progress in the development of meaningful and appropriate restrictions on the admissibility of expert testimony requires that we abandon this conceptualization and understand the implications of endorsing a gradational notion of reliability in which evidence can be more or less reliable and in which a comparative assessment of reliability is prominent. Consistent with …


Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii Jan 2007

Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii

Villanova Law Review (1956 - )

No abstract provided.


Signs Of Salvation: Some Reflections On Friends' Proclaiming The Gospel To The World, Brian Drayton Jan 2007

Signs Of Salvation: Some Reflections On Friends' Proclaiming The Gospel To The World, Brian Drayton

Quaker Religious Thought

No abstract provided.


Full Issue, Byu Studies Jan 2007

Full Issue, Byu Studies

BYU Studies

No abstract provided.


To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer Jan 2007

To-May-To, To-Mah-To; Act Of War, Act Of Terrorism: How Semantics In Insurance Contracts Affect The Public Insurance Adjuster, Megan Reuwer

Student Articles and Papers

No abstract provided.


The Untold Story Of Al Qaeda's Administrative Law Dilemmas, Mariano-Florentino Cuéllar Jan 2007

The Untold Story Of Al Qaeda's Administrative Law Dilemmas, Mariano-Florentino Cuéllar

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel Jan 2007

The Preventive Paradigm And The Perils Of Ad Hoc Balancing, Jules Lobel

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Modern War And Modern Law, David Kennedy Jan 2007

Modern War And Modern Law, David Kennedy

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


The Nine Lives Of Article 2(4), David Wippman Jan 2007

The Nine Lives Of Article 2(4), David Wippman

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Squaring The Circle: Democratizing Judicial Review And The Counter-Constitutional Difficulty, Miguel Schor Jan 2007

Squaring The Circle: Democratizing Judicial Review And The Counter-Constitutional Difficulty, Miguel Schor

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


The Doctrine Of Proportionality In A Time Of War, E. Thomas Sullivan Jan 2007

The Doctrine Of Proportionality In A Time Of War, E. Thomas Sullivan

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


The Value Of The Comparative And The International In Reflecting On State Responses To The War On Terror, Colm Campbell, Oren Gross, Fionnuala Ni Aolain Jan 2007

The Value Of The Comparative And The International In Reflecting On State Responses To The War On Terror, Colm Campbell, Oren Gross, Fionnuala Ni Aolain

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford Jan 2007

Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.


Hegemonic Intervention As Legitimate Use Of Force, Achilles Skordas Jan 2007

Hegemonic Intervention As Legitimate Use Of Force, Achilles Skordas

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.


Body Parts And Their Epic Struggle In Ovid’S Amores, Leisa M. Muto Jan 2007

Body Parts And Their Epic Struggle In Ovid’S Amores, Leisa M. Muto

Theses, Dissertations and Capstones

This thesis examines how body parts in Ovid’s Amores provide the location for an epic battle between the conflicting genres of Tragedy and Elegy. The first chapter summarizes past Ovidian scholarship. The second chapter examines how Ovid separates body parts of the amator and the puella in Amores 1.4 and 1.5 in order to deny the lovers complete unification. The third chapter expands the conclusion of the second by analyzing poems in Books 2 and 3, which contain a significant number of body parts, to determine how the amator’s interaction with the puella’s body parts reflects his lack of union …


Quakers And Coercion In A World Of Good And Evil (Chapter Eleven In Good And Evil: Quaker Perspectives), Phil Smith Jan 2007

Quakers And Coercion In A World Of Good And Evil (Chapter Eleven In Good And Evil: Quaker Perspectives), Phil Smith

Faculty Publications - George Fox School of Theology

Excerpt: "When is it right to force someone to do something?

Real evil exists in the world. We recognize it in the selfish and cruel actions of other people, and if we are honest we admit at least the possibility of evil in our own actions. Sometimes we have the power, we think, to stop evildoers. But since we recognize the potential for doing evil ourselves, we worry that our efforts to stop the injustice of others will themselves be unjust. Whether wickedly or unwittingly, our fight against evil might just produce more evil."


Case Concerning Armed Activities On The Territory Of The Congo (Democratic Republic Of The Congo V. Uganda): Reviewing The Concept Of Occupation In International Humanitarian Law Current Developments, Chandralekha Ghosh Jan 2007

Case Concerning Armed Activities On The Territory Of The Congo (Democratic Republic Of The Congo V. Uganda): Reviewing The Concept Of Occupation In International Humanitarian Law Current Developments, Chandralekha Ghosh

National Law School of India Review

This note examines dicta of the International Court of Justice in the recent case of DRC v. Uganda, in so far as it relates to the concept of occupation in international humanitarian law. The question of when a territory is said to be under occupation is crucially important in order to determine the rights and obligations of various parties to the dispute. This was the first occasion that the ICJ clarified the concept of occupation, and this note discusses both the majority judgment, and the strong separate and dissenting opinions rendered in this case. It also seeks to discuss the …


A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page Jan 2007

A Uniform Domestic Partnership Act: Marrying Business Partnership And Family Law, Jennifer A. Drobac, Antony Page

Georgia Law Review

This Article contends that domestic partnership based upon business partnership law and associated fiduciary duties would better serve more couples, their families, and society as a whole than marriage law does now. Four problems-the rising divorce rate, the poverty of some "divorced" children and their custodians, the same-sex marriage controversy, and families that exist without a formal legal acknowledgment-have increased concerns about the viability of marriage as an institution that promotes domestic stability and economic security. As a response and solution, Professors Drobac and Page propose a Uniform Domestic Partnership Act, modeled after the Uniform Partnership Act (1914) for businesses. …


What Should We Celebrate On Constitution Day?, Alan E. Garfield Jan 2007

What Should We Celebrate On Constitution Day?, Alan E. Garfield

Georgia Law Review

Congress recently created a new national observance, Constitution Day, to be marked each year on September 17. This observance presents a valuable opportunity for the vastly diverse American populace to celebrate its shared values. But what, exactly, should Americans celebrate about the Constitution? The Constitution's text, after all, is hardly perfect, and judicial interpretations of the Constitution are similarly problematic. This Article sets out to identify the Constitution's core meaning for Americans. If first draws lessons from two contemporary Establishment Clause disputes (the teaching of intelligent design and the displaying of Ten Commandments monuments). These examples illustrate why the Constitution,and …


About The Contributors, Farms Review Jan 2007

About The Contributors, Farms Review

Review of Books on the Book of Mormon 1989–2011

No abstract provided.


Review Essay: Some Thoughts On The Greater Integration Of Islamic Sources Into The Wider Framework Of Medieval History, John J. Curry Jan 2007

Review Essay: Some Thoughts On The Greater Integration Of Islamic Sources Into The Wider Framework Of Medieval History, John J. Curry

Quidditas

The study of Islam has been attracting greater interest in recent years, due to high-profile political and economic events. In addition, the rise of world history programs has generated a need for resources by which both students and faculty alike can strengthen their knowledge in this field. Still, general knowledge on the field is limited. This disparity has occurred, in part, because the field of Islamic history, especially in its formative and medieval periods, has been oriented toward specialists rather than a general audience. Often, world history sourcebooks are content to give only short selections from religious sources such as …


Charlemagne’S Denarius, Constantine’S Edicule, And The Vera Crux, John F. Moffitt Jan 2007

Charlemagne’S Denarius, Constantine’S Edicule, And The Vera Crux, John F. Moffitt

Quidditas

In 806 a much-discussed silver denarius bearing the likeness of Charlemagne was issued. This is called the “temple-type” coin due to the (as yet unidentified) architectural structure illustrated on the reverse side, and which is explicitly labeled as representing the epitome of “Christian Religion.” By examining different kinds of archeological and documentary evidence, this building can now be finally identified. It is, in short, the “Edicule” built by Constantine the Great in 326 to cover the Tomb of Christ (or Holy Sepulcher) in Jerusalem.


A Conquering Spirit: Fort Mims And The Redstick War Of 1813-1814, By Gregory A. Waselkov, Charles R. Cobb Jan 2007

A Conquering Spirit: Fort Mims And The Redstick War Of 1813-1814, By Gregory A. Waselkov, Charles R. Cobb

Faculty Publications

A review of A Conquering Spirit: Fort Mims and the Redstick War of 1813-1814, by Gregory A. Waselkov.


Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl Jan 2007

Guatemala's Femicides And The Ongoing Struggle For Women's Human Rights: Update To Cgrs's 2005 Report Getting Away With Murder, Katharine Ruhl

UC Law SF Journal on Gender and Justice

This Article is an update to the report entitled Getting Away With Murder: Guatemala's Failure to Protect Women and Rodi Alvarado's Quest for Safety, published by the Center for Gender & Refugee Studies (CGRS) in November 2005, and by the Hastings Women's Law Journal in its Summer 2006 issue. That report explored the root causes of why Guatemalan women are forced to seek asylum in order to escape violence in their home country, and offered recommendations to the Guatemalan government. In this Article, the author argues that the Guatemalan government has made only limited progress in addressing the problem of …


The Rhetoric Of Symmetry, Karen Petroski Jan 2007

The Rhetoric Of Symmetry, Karen Petroski

Valparaiso University Law Review

No abstract provided.