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The Person We Knew: Perceptions Of The Identity Of Loved Ones With Dementia By Family Caregivers, Amber Jannusch, Dena Huisman

Speaker & Gavel

While several studies have looked at the identity of dementia patients, most focus on the point of the view of the patient. However, caretakers’ and family members’ view of the identity of the dementia patient is unstudied. This study attempts to see how family caregivers’ view of their family member’s dementia manifests in communication about the loved one. This study is a preliminary examination of family caregivers’ constructions of the identity of their loved one, revealing that caretakers have one of three views: the patient without an identity, the patient as a different person, or the patient as “not lost” …

Copycat Forensics: How Social Learning Problematizes Intercollegiate Forensic Performances, Alyssa Reid

Speaker & Gavel

This paper highlights noticeable problems stemming from students adopting forensic norms without critiquing practice. Although many pedagogically sound reasons account for some structural similarities in events, many performance choices enacted in forensic competition are not grounded in educational principles but are learned and fostered through social learning. Currently, students can achieve forensic success without developing sound reasons for performance choices. Uncovering the ways in which students, judges, and coaches, produce and reproduce copycat performances can improve overall academic and competitive rigor.

The 2015 State Of Delta Sigma Rho-Tau Kappa Alpha, Ben Walker

Speaker & Gavel

Brief history and update of the Delta Sigma Rho-Tau Kappa Alpha organization.

Editor's Note, Todd T. Holm

Speaker & Gavel

Editor's note by Todd Holm from volume 52, issue 2 of Speaker & Gavel.

Front Matter

Speaker & Gavel

Front matter and table of contents for Volume 52, Issue 2 of Speaker & Gavel.

U.S. Grand Strategy: Should America Come Home?, Joseph Riccardelli

Political Analysis

No abstract provided.

Realism In Action: Obama's Foreign Policy In Afghanistan, Timothy Hoffman

Political Analysis

No abstract provided.

Czech Republic V. Poland And The Economic Recession: Most Similar Systems Design, Dana Kutzleb

Political Analysis

No abstract provided.

Going Rogue? You Bethca!, Dolores Bujnowski

Political Analysis

No abstract provided.

Pacing A Punch: The Rise In Power Of Super Pacs And The 2016 Election, Kevin Coroneos

Political Analysis

No abstract provided.

Recovering From Political Scandal: Why Weiner Failed And Barry Stays Strong, Pj Argento

Political Analysis

No abstract provided.

Table Of Contents

Political Analysis

No abstract provided.

The Role Of Non-Profit Organizations In The Political Process, Hannah J. Greendyk

Political Analysis

No abstract provided.

Voter Identification Laws In The 2012 Election, Christian Warneke

Political Analysis

No abstract provided.

The Public Policy Process And Analysis Of The Stop Online Piracy Act, Paul Palamattam

Political Analysis

No abstract provided.

The Emergency Constitution: Necessary And Problematic, Michael R. Rudolph

Political Analysis

No abstract provided.

Forces For Global Good: American Strategic Planning In The 21st Century, Jarrod Crockett

Political Analysis

No abstract provided.

Table Of Contents

Political Analysis

No abstract provided.

Mcdonald V. Chicago, Self-Defense, The Right To Bear Arms, And The Future, Richard L. Aynes

ConLawNOW

In this article, Professor Richard L. Aynes, who was cited for his research by the majority in McDonald, delivers his critique on the opinion, the concurrence, and the dissent. Professor Aynes provides an in-depth analysis of Justice Thomas’ concurrence, which asserts the proper vehicle for incorporation to be the Fourteenth Amendment’s Privileges and Immunities Clause, as opposed to the traditional method employed by the court – the Due Process Clause. With contemporary legal scholarship in agreement with Justice Thomas, Professor Aynes asserts that just as the Privileges and Immunities Clause commanded the support of a ratifying nation, “it will …

Judicial Elections: The Case For Accountability, Jack Park

ConLawNOW

In this article, Jack Park defends the use of partisan elections as a method of selecting state court judges. He first frames the debate and describes its participants. The author then discusses the competing values that supporters and opponents of judicial elections advance. Finally, Mr. Park addresses the arguments for and against judicial elections, showing that, while they may not be a perfect method of selecting judges, neither are the alternatives.

Electing Our Judges And Judicial Independence: The Supreme Court's "Triple Whammy", Martin H. Belsky

ConLawNOW

In this article, Martin Belsky makes the case for judicial selection based on merit, as opposed to popular elections. Belsky cites Caperton v. A.T. Massey Coal Company and the recent defeat of three Iowa supreme court justices because of their opinion in a controversial gay marriage case for the proposition that judicial elections can, and do, yield unjust results. Belsky asserts the need for judicial independence, but concludes that this goal is not achievable through elections because of the “triple whammy” of constitutional limitations: (1) the First Amendment protection of the right of judges and judicial candidates to give specific, …

Crawford's Last Stand? What Melendez-Diaz V. Massachusetts Means For The Confrontation Clause And For Criminal Trials, Elizabeth Stevens

ConLawNOW

The Supreme Court’s recent decision in Melendez-Diaz v. Massachusetts heralds a dramatic change for Confrontation Clause jurisprudence and for most criminal trials. Crawford v. Washington held that “testimonial” statements were admissible only if the accused had a prior opportunity to cross-examine the witness. Melendez-Diaz applied this rule to forensic evidence, holding that certificates of analysis – used in a drug trail to prove the nature and weight of the proscribed substances, and sworn to and signed by the analysts who performed the tests – are testimonial.

This article analyzes Melendez-Diaz’s implications for the Court’s Confrontation Clause jurisprudence and for the …

The Second Amendment Standard Of Review After Mcdonald: "Historical Guideposts" And The Missing Arguments In Mcdonald V. City Of Chicago, Patrick J. Charles

ConLawNOW

In this article, Patrick Charles addresses the first step in analyzing Second Amendment challenges – whether the challenged conduct was “publicly accepted” or “publicly understood” as within the scope of the Second Amendment, circa 1791. This article also analyzes two premises on which the McDonald plurality based its decision, ultimately concluding that those premises are inaccurate. In his opinion, Justice Alito asserted that State constitutions at the time of the founding generally protected an individual right to keep and bear arms. However, an in-depth examination of all State constitutional provisions suggests otherwise. Secondly, John Bingham’s understanding of what the Fourteenth …

Citizens United: Correct, Modest, And Overdue, Allison R. Hayward

ConLawNOW

In this article, Professor Allison Hayward seeks to refute the criticisms leveled at the outcome in Citizens United. Professor Hayward maintains that the “long-standing precedent” overturned by the majority was not firmly rooted, having only been around for a mere 20 years. She further argues that Citizens United is a proper application of First Amendment doctrine. Lastly, Professor Hayward argues that corporations play an important role in our society, most especially those non-profit entities which so often are associated with political advocacy.

The Roberts' Court Takes A Sledge Hammer To Ashwander And Cautious Constitutional Jurisprudence: Citizens United V. Federal Election Commisson, Allen Shoenberger

ConLawNOW

In this January’s decision of Citizens United v. Federal Election Commission, the Supreme Court overturned more than 100 years of legislative precedent, as well as its own precedent of twenty years, to permit corporations to spend unlimited amounts of money on direct advocacy of the election or defeat of candidates for political office. The breadth of the holding is startling. Although the specific context considered a video-on-demand ninety minute diatribe regarding Presidential aspirant Hilary Clinton, the plain import of the holding reaches all federal and state elections, presidential, congressional, gubernatorial, judicial, and janitorial!

Chief Justice Roberts And The "Forty Thieves", Keith R. Fisher, Konstantina Vagenas

ConLawNOW

“What’s in a name? That which we call a rose/ By any other name would smell as sweet.” Whether or not one agrees with the young Shakespeare about names – and many decidedly do not – numbers (as numerologists undoubtedly will assure you) are decidedly a different story and have always been thought to have extrinsic significance.

The number forty, for example, has extensive numerological significance, principally (though not exclusively) in biblical texts. A time period in the Bible – whether in days, months, or years and whether in the books of the Old or New Testament – that features …

Originalism And Its Tools: A Few Caveats, David T. Hardy

ConLawNOW

In District of Columbia v. Heller, the United States Supreme Court adopted original public understanding as an interpretative tool. While this approach has the virtue of establishing meaning independent of a court’s personal values and preferences, this article explores some hazards which courts should try to avoid. First, one must resist the temptation to see historians as invariably objective; some are apt to push a personal agenda, or get a reputation as a “debunker,” at the cost of distorting, overlooking, or even inventing the historical record. Historical studies of this type have misled the Ninth Circuit, and a dissent …

On Marriage, Religious Freedom, Equality And Homosexuality: A Reply To Professor Huhn, George W. Dent Jr.

ConLawNOW

As Professor Huhn says, there is much on which we agree. I concur that the Free Exercise Clause gives citizens no power to override an Equal Protection decision by the Supreme Court (his answer to his Question 1), or a decision of a state supreme court to compel legal recognition of same-sex “marriage” (SSM) (his answer to his Question 2). We part company, though, over the meaning of equality and its application to marriage.

Ten Questions On Gay Rights And Freedom Of Religion, Wilson R. Huhn

ConLawNOW

I have prepared a series of ten questions that will progressively narrow the issues concerning gay rights and free exercise rights until we come to the principal point upon which Professor Dent and I disagree – the definition and application of the principle of equality.

Envelope From "Israel"

Bulmash Family Holocaust Collection

Blueish white envelope. Address written in blue cursive ink. Two pasted stamps in upper right: pink stamp with man in profile facing left, and blue stamp with Hitler's profile facing right. Black circular handstamp between them. Pasted Mit Luftpost stamp in upper left. Ink and pencil writing in bottom left, water damaged. Back: Address written in blue cursive ink on flap. White censor tape with black Nazi eagle circular emblem upside down on bottom. Red stamp of alternating circles with Nazi eagle and horizontal lines across censor tape.

Information Provided by Michael D. Bulmash: Israel Cover