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Articles 1 - 30 of 164
Full-Text Articles in Arts and Humanities
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Artistic And Cultural Practices In Urban Spaces: Law, Justice, Contestation, Matilda Arvidsson, Peter Bengtsen
Artistic And Cultural Practices In Urban Spaces: Law, Justice, Contestation, Matilda Arvidsson, Peter Bengtsen
Dr Matilda Arvidsson
For the 2013 Critical Legal Conference, we sent out a call for papers which dealt with different perspectives on artistic and cultural practices in the transitional and contested territory of urban public space. With nearly 50 abstracts received from all over the world, the response to our call was overwhelming. Ethnographers, sociologists, art historians, architects, artists, and cultural entrepreneurs wanted to engage with law. Interestingly, judging from the abstracts, legal scholars seemed less concerned with engaging in a discussion of artistic expressions, as few responded to the call. Departing from this experience we seek to approach the urban space, art …
States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve
States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve
Jay Tidmarsh
No abstract provided.
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Should A Christian Lawyer Sign Up For Simon's Practice Of Justice?, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Thomas L. Shaffer
No abstract provided.
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
More's Skill, Thomas L. Shaffer
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Christian Theology For Roman Catholic Law Schools, Thomas L. Shaffer, Robert E. Rodes Jr.
Robert Rodes
No abstract provided.
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Lowell Bautista
In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …
The Historical Context And Legal Basis Of The Philippine Treaty Limits, Lowell Bautista
The Historical Context And Legal Basis Of The Philippine Treaty Limits, Lowell Bautista
Lowell Bautista
The Philippines, on the basis of historic right of title, claims that its territorial sea extends to the limits set forth in the colonial treaties, which define the extent of the archipelago at the time it was ceded from Spain to the U.S. in 1898. The line drawn around the archipelago marks the outer limits of the historic territorial seas of the Philippines, which will be referred to here as the Philippine Treaty Limits. The Philippine Treaty Limits are contested in international law because they evidently breach the twelve-mile breadth of the territorial sea provided for in the Law of …
Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista
Bioprospecting Or Biopiracy: Does The Trips Agreement Undermine The Interests Of Developing Countries?, Lowell Bautista
Lowell Bautista
The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) created within the framework of the World Trade Organization (WIO) poses a contentious discord between developed and developing nations. The criticism that TRIPS is nothing more than a modern vehicle of western imperialism encapsulates the perception that the TRIPS is inimical to the interests of developing countries. The ostensible failure of the wro regime to raise the living standards of developing countries, a centerpiece putative effect of economic liberalization heralded in the Uruguay Round, miserably highlighted the fundamental social, cultural and widening economic differences between the two bipolarized camps.
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
Lowell Bautista
The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Lowell Bautista
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.
Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista
Philippine Territorial Boundaries: Internal Tensions, Colonial Baggage, Ambivalent Conformity, Lowell Bautista
Lowell Bautista
The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, is its claim that all the waters embraced within these imaginary lines are its territorial waters. The Philippine Government is not unaware of these issues …
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Assimilation, Toleration, And The State's Interest In The Development Of Religious Doctrine, Richard Garnett
Richard W Garnett
Thirty-five years ago, in the context of a church-property dispute, Justice William Brennan observed that government interpretation of religious doctrine and judicial intervention in religious disputes are undesirable, because when civil courts undertake to resolve [doctrinal] controversies..., the hazards are ever present of inhibiting the free development of religious doctrine and of implicating secular interests in matters of purely ecclesiastical concern. This statement, at first, seems wise and fittingly cautious, even unremarkable and obvious. On examination, though, it turns out to be intriguing, elusive, and misleading. Indeed, Justice Brennan's warning presents hazards of its own, and its premises - if …
The Clerks Of The Four Horsemen, Barry Cushman
The Clerks Of The Four Horsemen, Barry Cushman
Barry Cushman
The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …
Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman
Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman
Barry Cushman
This article is a contribution to the Lochner Centennial Symposium at Boston University School of Law. Until recently, a consensus appeared to be emerging among constitutional historians concerning how best to interpret Lochner-era decisions involving Fifth and Fourteenth Amendment challenges to state and federal economic regulation. After decades during which the Court's jurisprudence had been characterized as the product of a reactionary judiciary's commitments to Social Darwinism and laissez-faire economics, more recent scholars had come to see the Court's police powers decisions as animated by what Professor Howard Gillman has called the principle of neutrality. On this view, the Court's …
The Structure Of Classical Public Law, Barry Cushman
The Structure Of Classical Public Law, Barry Cushman
Barry Cushman
Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.
The Secret Lives Of The Four Horsemen, Barry Cushman
The Secret Lives Of The Four Horsemen, Barry Cushman
Barry Cushman
"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars …
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, 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 choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.
Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner
Table Annexed To Article: Our Constitutional Kinesis: Words That Can Go Like A Machine, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Constitution II, the Philadelphia constitution (1787), inspired many ‘machine/ry’ references. OCL catalogs, with the help of acknowledged secondary sources, a working list of metaphors which were deployed to credit and discredit our second constitution.
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Peter J. Aschenbrenner
Parliament (primary text writer, the House of Commons) produced 24,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,683 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.
Book Review Of Arnold H. Leibowitz, An Historical-Legal Analysis Of The Impeachments Of Presidents Andrew Johnson, Richard Nixon, And William Clinton: Why The Process Went Wrong, Jeffrey B. Morris
Jeffrey B. Morris
No abstract provided.
Gentleness-Suddenness, Lotte Latukefu
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
The Natural Relationship Of Church And State Within The Kingdom Of Christ Based On The Encyclical Immortale Dei Of Pope Leo Xiii, Brian M. Mccall
Brian M McCall
This lecture addresses the natural relationship between Church and State and explains Catholic Social Teaching regarding the organization of civil society.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram
Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram
David Ingram
In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates is matched with support/opposition for the Constitution.