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Articles 781 - 803 of 803
Full-Text Articles in Arts and Humanities
Ownership, Control, Sponsorship, And Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools In The United States, David Louis Caretti
Ownership, Control, Sponsorship, And Trusteeship: Governance Relationships Within Private Catholic Religious-Sponsored Secondary Schools In The United States, David Louis Caretti
Doctoral Dissertations
The governance of private Catholic religious-sponsored secondary institutions in the United States is wholly unique, for many different influences distinguish these institutions from not only their public counterparts but also other Catholic schools operated by a diocese or parish. In the face of the changes of the post-Vatican II era, including the diminishing numbers of religious brothers, sisters, and priests available to minister within their respective apostolates, religious congregations have employed one particular governance construct, the board of limited-jurisdiction, originally created within the Catholic university and healthcare realms. Thus, while such boards hold the chief role in directing the progress …
Afterword: The Libertarian Middle Way, Randy E. Barnett
Afterword: The Libertarian Middle Way, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
Libertarianism is sometimes portrayed as radical and even extreme. In this Afterword to a symposium on "Libertarianism and the Law" in the Chapman Law Review, I explain why, though it may be radical, libertarianism is far from extreme in comparison with its principal alternatives: the social justice of the Left or legal moralism of the Right. Social justice posits that everyone should get a certain amount of stuff; legal moralism posits that everyone should act in a certain way. But because there is no consensus about how much stuff each person should have or how exactly everyone should act, …
The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White
The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White
Book Chapters
My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.
The Internet, Anonymous, And Our Public Identities Recreating Democracy, Leslie Anne Hutchinson
The Internet, Anonymous, And Our Public Identities Recreating Democracy, Leslie Anne Hutchinson
Theses Digitization Project
This study discusses the pursuit of understanding how the discursive construction of the internet affects individuals, identities, and democracy. it also discusses the internet within theoretical positions on its history, the public sphere, and revolutionary politics. Western governments have created legislation regulating the internet for democratic purposes, and this study examines how different and often contrasting views of democracy have shaped the way those of us connected to the internet can speak about it. The Anonymous identity, articulates one such contrast. Anonymous constructs an alternative, Internet identity-one stemming from the identity of the hacker. Policies targeted at stopping hackers and …
Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret
Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret
All Faculty Scholarship
The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …
On What Distinguishes New Originalism From Old: A Jurisprudential Take, Mitchell N. Berman
On What Distinguishes New Originalism From Old: A Jurisprudential Take, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Chartism And The Income Tax, 2013 British Tax Review 192, Stephen Utz
Chartism And The Income Tax, 2013 British Tax Review 192, Stephen Utz
Stephen Gerard Utz
Although the identity of Chartism was bound up with political demands, many in the movement consistently pressed for the repeal of duplicative taxes on consumption and the introduction of even-handed taxation of land, capital and labour. Earlier popular radicals had asked for limited tax relief. Chartist leaders from the outset saw a link between fiscal problems and the democratic deficit prolonged by the Reform Act, insisting that a broader franchise would quickly lead to a broad direct tax. Novel features of their tax agenda emerged as they transformed views first aired in radical attacks on the replacement of workers with …
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
The Art Of Reflected Intractability: Critique According To Foucault, Leila Brännström
Leila Brännström
No abstract provided.
Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.
Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble
Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble
Sara L Kimble
No abstract provided.
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …
Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo
Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo
Nick J. Sciullo
Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Can A Pluralistic Commonwealth Endure?, Brian M. Mccall
Brian M McCall
This article considers whether the American pluralist system can satisfy Cicero's definition of a commonwealth as a multitude united in a definition of law and justice. The analysis is based upon a review of Thaddeus Kozinski's book, The Problem or Religious Pluralism and Why Philosophers Can't Solve It. This book critiques the philosophy of John Rawls, Jacques Maritain and Alisdaire MacIntyre. The critique is based upon Cicero's definition of a commonwealth and the article concludes that a society which maintains a deep pluralism over the first principles of law and justice cannot survive as a commonwealth.
Datación Del Príncipe: Inicio Y Culminación, William J. Connell
Datación Del Príncipe: Inicio Y Culminación, William J. Connell
William Connell
It Takes A Team: A Semester Success Story Of Writing, Receiving, And Executing A Grant In One Semester With An English 1110.01 Class, Robert A. Eckhart, Michelle Battista
It Takes A Team: A Semester Success Story Of Writing, Receiving, And Executing A Grant In One Semester With An English 1110.01 Class, Robert A. Eckhart, Michelle Battista
Robert A. Eckhart
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
Allen Mendenhall
Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …
Indian Association Of Women's Studies Newsletter, January, 2013, Professor Vibhuti Patel
Indian Association Of Women's Studies Newsletter, January, 2013, Professor Vibhuti Patel
Professor Vibhuti Patel
The Indian Association for Women’s Studies was established in 1982 by a resolution adopted by the rst National Conference of Women’s Studies held in Mumbai in April 1981. IAWS is registered under the Registrar of Societies (No.S/12936 New Delhi) and under FCRA. The Association provides a forum for interaction among institutions and individuals engaged in teaching, research or action. The membership includes educational and social welfare organisations, and individual academics, researchers, students, activists, social workers, media persons and others concerned with women’s issues, and with women’s development and em powerment. One of the major activities of IAWS is organising a …
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Search, Seizure, And Immunity: Second-Order Normative Authority And Rights, Stephen E. Henderson, Kelly Sorensen
Stephen E Henderson
A paradigmatic aspect of a paradigmatic kind of right is that the rights holder is the only one who can alienate it. When individuals waive rights, the normative source of that waiving is normally taken to be the individual herself. This moral feature—immunity—is usually in the background of discussions about rights. We bring it into the foreground here, with specific attention to a recent U.S. Supreme Court decision, Kentucky v. King (2011), concerning search and seizure rights. An entailment of the Court’s decision is that, at least in some cases, a right can be removed by the intentional actions of …
The Law Review Approach: What The Humanities Can Learn, Allen P. Mendenhall
The Law Review Approach: What The Humanities Can Learn, Allen P. Mendenhall
Allen Mendenhall
This essay describes how the law review process generally works and then discusses what the humanities can learn and borrow from the law review process. It ends by advocating for a hybrid law review/peer review approach to publishing. The law review process is not a panacea for our publishing ills. It has several drawbacks and shortcomings. This essay highlights the positives and notes some of the negatives of the law review publishing process, but a lengthy explanation of all that is good or bad about law reviews is not my aim. Every law review has its idiosyncrasies and methodologies, but …
Justice Holmes And Conservatism, Allen P. Mendenhall
Justice Holmes And Conservatism, Allen P. Mendenhall
Allen Mendenhall
Conservatives and libertarians have been harsh critics of Justice Holmes, but Holmes was not the progressive that these critics make him out to be. Holmes’s jurisprudence lends itself to conservative and libertarian jurisprudence, in particular in the areas of federalism and judicial restraint. Holmes disdained the politics of the young socialists who adored him, and Richard Posner goes so far as to cast Holmes as a free market capitalist. A common mistake is to take Holmes’s deference to the mores and traditions of states and localities as evidence of his shared belief in those mores and traditions. Holmes did not …
A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel
A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel
Brian Havel
Metaphor In Law As Poetic And Propositional Language, Linda L. Berger
Metaphor In Law As Poetic And Propositional Language, Linda L. Berger
Linda L. Berger
My argument in this essay is that although lawyers routinely use and abuse metaphor as propositional language, they mostly neglect the use of metaphor as poetic language. Poetic metaphor openly invites you to view a topic or a target from a new angle by setting it against or alongside a light source; in this way, it prompts second looks and encourages insights. Propositional metaphor, by comparison, appears designed to persuade you to view the target or the topic under discussion as something you already know about because of your experience with the source. As a result, you are better able …
Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson
Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson
Robert G. Natelson
Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …