History Commons^™

Youth Activism, Art And Transitional Justice: Emerging Spaces Of Memory After The Jasmine Revolution, Arnaud Kurze

Arnaud Kurze

This chapter explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abdine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

Third Time's The Charm: The History Of The Merger Between The University Of Louisville And Jefferson Schools Of Law, Marcus Walker

Marcus Walker

The daytime University of Louisville School of Law and evening Jefferson School of Law existed as separate programs from the latter school's founding in 1905 until their merger in 1950. This article highlights two earlier attempts at combining the legal programs and highlights some perhaps lesser-known details of the successful attempt that extend the history of the "Ben Washer School" a bit farther than it might otherwise seem.

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …

Third Time's The Charm, Marcus Walker

Marcus Walker

Brief Of Scholars Of Mormon History & Law As Amici Curiae In Support Of Neither Party, Anna-Rose Mathieson, Ben Feuer, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Amici Curiae Brief Of Scholars Of Mormon History & Law In Support Of Neither Party, Anna-Rose Mathieson, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Amici Curiae Brief Of Scholars Of American Religious History & Law In Support Of Neither Party, Nathan B. Oman, Anna-Rose Mathieson

Nathan B. Oman

No abstract provided.

English Justices And Roman Jurists: The Civilian Learning Behind England's First Case Law, Thomas J. Mcsweeney

Thomas J. McSweeney

Article looks at a historical problem—the first use of case law by English royal justices in the thirteenth century—and makes it a starting point for thinking about the ways legal reasoning works in the modern common law. In the first Part of the Article, I show that, at its origin, the English justices’ use of decided cases as a source of law was inspired by the work civil and canon law scholars were doing with written authorities in the medieval universities. In an attempt to make the case that English law was on par with civil law and canon law, …

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Dermot M Groome

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution’s investigative …

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.

Translating Scholarship Into Policy, Scott Sigmund Gartner, Amy C. Gaudion

Amy C. Gaudion

There is an ever widening gap between conflict resolution policy makers and scholars—a tragedy given practitioners’ dire need for new ideas to help resolve deadly conflicts and the growing knowledge researchers have to share. Research tends to swing like a pendulum between analytic and rigorous methods and accessible and relevant approaches. We reject this tradeoff. We believe that research can be simultaneously rigorous and relevant, and analytic and accessible. Given the devastating loss of life associated with armed conflict, the need for translating research results into policy prescriptions is especially strong in peacemaking. The goal of this issue of the …