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Full-Text Articles in Arts and Humanities

Judgment, Philippe Nonet Dec 2015

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.


Do You Sincerely Want To Be Radical, Phillip Johnson Dec 2015

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.


What Is Positive Law, Philippe Nonet Dec 2015

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.


Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter Dec 2015

Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter

David C. Brown

Re: Bail - Additional show cause offences We refer to the Attorney General's request for the Sentencing Council to consider a proposal to make amendments to the Bail Act 2013 (NSW) ('the 2013 Act') and specifically the Terms of Reference regarding the addition to the categories of offences for which the accused must 'show cause' before bail may be granted. The specific addition under consideration is with respect to an accused charged with a serious indictable offence committed: • while subject to a good behaviour bond, intervention program order, intensive correction order; • while serving a sentence in the community; …


The Return Of The Christian Burial Speech Case, Phillip Johnson Dec 2015

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.


A Dream Deferred, Ruth-Arlene W Howe Dec 2015

A Dream Deferred, Ruth-Arlene W Howe

Ruth-Arlene W. Howe

Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.


Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite Nov 2015

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

George W. Geib

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee Nov 2015

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …


Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres Nov 2015

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Jonathan Todres

No abstract provided.


La Necesidad De Una Metafísica Realista, Juan Carlos Riofrío Martínez-Villalba Oct 2015

La Necesidad De Una Metafísica Realista, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.


Ministering Angels, The Camden District Red Cross, 1914-1945, Ian Willis Oct 2015

Ministering Angels, The Camden District Red Cross, 1914-1945, Ian Willis

Ian Willis

Ministering Angels is the story of conservative country women doing their patriotic duty in an outpost of the British Empire. From 1914 Camden district women joined local Red Cross branches and their affiliates in the towns and villages around the colonial estate of the Macarthur family at Camden Park. They sewed, knitted and cooked for God, King and Country throughout the First and Second World Wars, and the years in-between. They ran stalls and raffles, and received considerable community support through cash donations from individuals and community organisations.

Using the themes of soldier and civilian welfare, patriotism, duty, sacrifice, motherhood, …


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Oct 2015

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps Oct 2015

Measuring The Effects Of Feminist Legal Research: Looking Critically At "Failure" And "Success", Lisa Philipps

Lisa Philipps

No abstract provided.


Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps Oct 2015

Helping Out In The Family Firm: The Legal Treatment Of Unpaid Market Labor, Lisa Philipps

Lisa Philipps

This article investigates the work of individuals who help out informally with a family member's job, often without pay. Examples include the relative who works in the back room of the family business, the executive spouse who hosts corporate functions, the political wife who campaigns with her husband, or the child who does chores on the family farm. The term "unpaid market labor" (UML) is used here to describe the ways that family members collaborate directly in paid activities that are legally and socially attributed to others. The practical legal problems that can arise in relation to UML are illustrated …


Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman Oct 2015

Choices And Commitments For Women: Challenging The Supreme Court Of Canada In The Context Of Social Assitance, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.


Feminism, Consequences, Accountability, Sonia Lawrence Oct 2015

Feminism, Consequences, Accountability, Sonia Lawrence

Sonia Lawrence

No abstract provided.


Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee Sep 2015

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …


Law's Religion: Rendering Culture, Benjamin L. Berger Sep 2015

Law's Religion: Rendering Culture, Benjamin L. Berger

Benjamin L. Berger

This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …


Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia Sep 2015

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.


International Activity And Domestic Law, Adam I. Muchmore Aug 2015

International Activity And Domestic Law, Adam I. Muchmore

Adam I. Muchmore

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell Aug 2015

Sound Recordings, Works For Hire, And The Termination-Of-Transfers Time Bomb, David Nimmer, Peter S. Menell

Peter Menell

No abstract provided.


Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents basic texts in parliamentary practice searchable in MR Text Format; these texts cover all of the procedural rules and standing orders from September 6, 1774 (the First Continental Congress) through the rules governing the United States Senate as of the publication of Thomas Jefferson’s Manual of Parliamentary Practice (1801).


The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner Jul 2015

The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of these texts in Founding the Science of Parliamentary Procedure, 1785-1789: Basic Texts in …


Table Annexed To Article: Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.


Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner Jul 2015

Delegate Credentialing At The Continental Congress Sampled At The Opening Of Congress On November 3, 1783, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Continental Congress opened its sessions in November; Our Constitutional Logic has selected the first opening after the Treaty of Paris (September 3, 1783) which is detailed at 25 Journals of the Continental Congress 795-799 on November 3 1783. Credentials were required to be no less than a year old or if of older vintage, the delegate must have presented them to the convention less than a year earlier. OCL supplies notes and comments to the passages keyed in at the table annexed hereto.


Table Annexed To Article: Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details the twenty-five votes at the federal convention on August 24 and September 5 and 6, 1787 which resulted in Article II, Section 1, Clauses 1 to 3 (taken as output) from electing the President to making the second-to-the-top vote getter Vice-President. In this table each vote is broken down to show the proposal, the reasoning, the reconciliation between information from Farrand’s Records and the secretary of the convention, William Jackson, and James Madison’s Notes, along with a “rollcall” of those voting in favor or against, individually and by state, and further broken down into Slave_Owners and …


Why Do Political Societies Exist?, Peter J. Aschenbrenner Jul 2015

Why Do Political Societies Exist?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic details three overarching purposes of political societies considered as constructs within civil or bourgeois society: (1) promoting of private wealth (and its counterpart goal: avoiding wealth destruction); (2) disabling hostility to minorities identified as such; (3) setting a threshold by which minorities (in coalition) may block organic change.


Table Annexed To Article: Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority,, Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Thomas Jefferson’S First Inaugural Address In Mr Text Format (March 4, 1801) With Observations On The Tyranny Of The Majority And Tyranny Of The Minority,, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents the 1,724 words of Thomas Jefferson’s First Inaugural Address, delivered March 4, 1801. The table annexed hereto presents this work in MR Text format. For OCL’s present purpose TJ’s invocation of TOM-TOM – the mathematical logic which supplies no convenient repose between the tyranny of the majority and the tyranny of the minority – is drawn to the reader’s attention.


The Pasha’S ‘Declaration Of Initiative’, Peter J. Aschenbrenner Jul 2015

The Pasha’S ‘Declaration Of Initiative’, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The Pasha has yet more, in this sixth article, to regret, and a Proclamation to his subjects in Far Far Away Sylvania seems in order. With the inestimable assistance of Grand Vizier, one is drafted. By coincidence the text of what we know as the Declaration of Rebellion, August 23, 1775 is at hand. This is has inspired the Pasha to his Declaration of Initiative. King George III isn’t mocked in this article, but the mysteries of text declaring the limits of power sharing, that is, text defining the limits of textual reliability, are surely gored.


World Of Chaucer: Adaptation, Pedagogy, And Interdisciplinarity, Graham Barwell, Christopher Moore Jul 2015

World Of Chaucer: Adaptation, Pedagogy, And Interdisciplinarity, Graham Barwell, Christopher Moore

Christopher L Moore Dr

Machinima is a new media practice that began with the self-directed experiments and explorations of enthusiastic gamers and hackers. Over its comparatively short history, machinima has become an accessible and vibrant participatory media, fueling a desire for creative investigation into its posibilities as an expressive and communicative medai art-form. Machinima has produced a variety of modes and genres, from the knowing anti-war humor (Starrs 2010) of the Red vs Blue series (2003-present) to the competitive action of e-sports gamebattles on Major League Gaming to the dystopic combat action of Drakortha's The DC Chronicles series (2011). While some have used machinima …