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Articles 1 - 30 of 44
Full-Text Articles in Law
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School
All Faculty Scholarship
The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …
Hope Over Experience?, Cath Collins
Hope Over Experience?, Cath Collins
Human Rights & Human Welfare
Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …
Change We Can Believe In?, Katherine Hite
Change We Can Believe In?, Katherine Hite
Human Rights & Human Welfare
We were warned to temper our high hopes for a bold new Obama era of human rights. After all, President Obama would have “a lot on his plate”: a serious economic crisis, high unemployment, over forty million people without health insurance, “two wars,” global volatility. But it’s very hard not to be dismayed by some of the continuities from the Bush to the Obama administration, as well as by some Janus-faced policy decisions with damning human rights implications. When it comes to US-Latin America relations, such decisions include: professing support for progressive immigration reform while expanding regressive anti-immigration measures; claiming …
From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James
From Inspiring Hope To Taking Action: Obama And Human Rights, Stephen James
Human Rights & Human Welfare
While President George H. Bush spoke of a new world order, and his “misunderestimated” son mangled the English language at countless press conferences, with Barack Obama the USA now has a talented orator as a president. There is a new word order. But does the new and skillful rhetoric match the reality when it comes to human rights?
December Roundtable: Introduction
December Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
Obama's speech to the United Nations General Assembly (September, 2009).
and
Does Obama believe in human rights? By Bret Stephens. The Wall Street Journal. October 19, 2009.
The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch
The Statesman's Dilemma: Peace Or Justice? Or Neither?, Henry Krisch
Human Rights & Human Welfare
Just as I sat down to comment on President Obama and human rights, I glanced today's (November 19, 2009) The New York Times and found several opinion essays-careful in fact, thoughtful in tone, reasonable in argument-critical of Obama's approach during his recent visit to China toward Chinese human rights violations (mainly concerning Tibet but including also imprisoned lawyers, internet censorship, and persecution of Falun Gong.) The essayists considered various tactics for exerting American pressure on China regarding human rights. Common to all of them was a tone of rueful admiration for the political and diplomatic skill with which China fended …
Suboptimal Executive Privilege, Stephen C. N. Lilley
Suboptimal Executive Privilege, Stephen C. N. Lilley
BYU Law Review
No abstract provided.
Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
- Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
- The Triumph of the Atonement (Elder Earl C. Tingey)
- The Heart of Lawyering (Kristin B. Gerdy)
The Citizens Were Heard, Donna M. Hughes Dr.
The Citizens Were Heard, Donna M. Hughes Dr.
Donna M. Hughes
A Human Rights-Oriented Approach To Military Operations, Federico Sperotto
A Human Rights-Oriented Approach To Military Operations, Federico Sperotto
Human Rights & Human Welfare
Counterinsurgency is the dominant aspect of US operations in Afghanistan, and since ISAF—the NATO-led security and assistance force—has assumed growing security responsibility throughout the country, it is also a mission for the Europeans.1 The frame in which military operations are conducted is irregular warfare, a form of conflict which differs from conventional operations in two main aspects. First, it is warfare among and within the people. Second, it is warfare in which insurgents avoid a direct military confrontation, using instead unconventional methods and terrorist tactics.
© Federico Sperotto. All rights reserved.
This paper may be freely circulated in electronic or …
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
The Nebraska State Constitution: A Reference Guide (2d Ed. 2009): Table Of Cases, Anthony B. Schutz
Nebraska State Constitution
No abstract provided.
Violence In The House, Katherine Hite
Violence In The House, Katherine Hite
Human Rights & Human Welfare
There was something particularly haunting in reading this Kristof and WuDunn piece during the week’s major US headlines: a girl in California had been imprisoned for eighteen years in the home of a man who kidnapped and raped her, fathered her children, and employed her in his small enterprise—a business card design and printing agency. Business clients interviewed for the story appeared completely taken aback. Clients had always found the now twenty-nine-year-old Jaycee Dugard “professional, polite, and responsive” as well as “creative and talented in her work.” Others expressed similar shock, recounting that Ms. Dugard “was always smiling.” Ms. Dugard’s …
The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson
The Mirror Effect, The Law Of Attraction, And "Points Of Attraction" That Can Nurture The Evolution Of Human Consciousness, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
This message has several purposes. First, I want to express my immense joy that Chip Baggett and I are serving as Co-Presidents of AHP since August 16, 2009. In my view, Chip and I are long-time friends, who have a transcendent connection and synergistic energies. My desire and intent is for our co-presidency to mirror the effect(s) of synergistic collaboration as a “point of attraction” that can assist in the evolution of human consciousness across often “perceived personal and societal boundaries” (e.g., race, culture, ethnicity, class, individual and collective belief systems, and dogma). More generally, however, this message is intended …
Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram
Looking Forward, Backward, Or Just Away?, Chandra Lekha Sriram
Human Rights & Human Welfare
The declassification and leaking of the so-called “torture memos” only supplements much which was already publicly well-known, but has offered a fresh opportunity to frankly debate American values, in particular its commitment to the rule of law, its own constitution, and international human rights and humanitarian law obligations to which it has committed itself, and which the Supreme Court has confirmed are part of domestic law. It is a shame, therefore, that the debate has been so stunted, diverted by the red herring of Dick Cheney’s rantings, and the apparent willingness of a segment of the population to accept, first, …
Let Us Not Become The Evil We Deplore, Rebecca Otis
Let Us Not Become The Evil We Deplore, Rebecca Otis
Human Rights & Human Welfare
On 14 September 2001, Representative Barbara Lee (CA-D) voted against the House bill that granted President Bush the authority to use force in response to the terrorist attacks on the World Trade Center and Pentagon. As the sole person to vote against the bill (by a margin of 420-1), Lee was roundly vilified as a “traitor,” a “coward, and even a “communist.” Later that day, as the only voice of dissent on the House floor, Lee delivered a speech to justify her position. Famously, she said to the elected representatives of our country, “As we act, let us not become …
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Response To Mark Danner’S “The Red Cross’ Torture Report: What It Means”, Charli Carpenter
Human Rights & Human Welfare
Danner’s NY Review of Books treatise on torture calls our attention to many significant issues, but in his key argument he is critically wrong.
June Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“The Red Cross Torture Report: What It Means.” by Mark Danner. The New York Review of Books. April 30, 2009.
Righting Past, Present And Future Wrongs, Rhona Smith
Righting Past, Present And Future Wrongs, Rhona Smith
Human Rights & Human Welfare
Three legal issues are raised by the centerpiece of this month’s Roundtable: Does the legal definition of torture include “enhanced interrogation techniques”? What are the legal responsibilities of a State when torture is committed by its agents? and What should the State do now to prevent future violations of human rights? In other words, one must characterize the actions of the past, ameliorate the damage in the present, and prevent a recurrence in the future.
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Torture—And Our Broader Understanding Of Human Rights, Mark Gibney
Human Rights & Human Welfare
Like most other human rights scholars, I am appalled at the idea that those people in the Bush White House who designed the administration’s policy on torture (but calling it something else) will in all likelihood go unpunished. In my view, the law is clear on this matter: those who directed and/or carried out torture must be held accountable for their actions. However, rather than focusing on the issue of accountability, I will use the issue of torture to make a broader point about how we have come to conceptualize the extent and scope of a state’s human rights obligations.
Transparency And Public Participation In The Rulemaking Process: Recommendations For The New Administration, Cary Coglianese, Heather Kilmartin, Evan Mendelson
Transparency And Public Participation In The Rulemaking Process: Recommendations For The New Administration, Cary Coglianese, Heather Kilmartin, Evan Mendelson
All Faculty Scholarship
Each year, federal regulatory agencies create thousands of new rules that affect the economy. When these agencies insulate themselves too much from the public, they are more likely to make suboptimal decisions and decrease public acceptance of their resulting rules. A nonpartisan Task Force on Transparency and Public Participation met in 2008 to identify current deficiencies in agency rulemaking procedures and develop recommendations for the next presidential administration to improve the quality of regulations and the legitimacy of regulatory proceedings. This report summarizes the Task Force's deliberations, indicating ways that federal agencies could do a better job of seeking citizen …
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
Protecting The Appropriations Power: Why Congress Should Care About Settlements At The Department Of Justice, Todd David Peterson
BYU Law Review
No abstract provided.
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Cornell Law Faculty Publications
The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.
Presidential Unilateralism And Political Polarization: Why Today's Congress Lacks The Will And The Way To Stop Presidential Initiatives, Neal Devins
Faculty Publications
No abstract provided.
The Indivisible Constitution, Kermit Roosevelt Iii
The Indivisible Constitution, Kermit Roosevelt Iii
All Faculty Scholarship
In The Invisible Constitution, Laurence Tribe argues that many of our most deeply-held constitutional convictions are not to be found in the words of the Constitution itself. They are, instead, part of what he calls the invisible Constitution. This review essay argues that although that claim is true, it is not worth spending a book on. Moreover, its very truth—the fact that certain “invisible” constitutional propositions are as central and well-established as textual ones—undermines the value of treating the “invisible” Constitution as a qualitatively different entity.
Bankruptcy Or Bailouts?, Kenneth M. Ayotte, David A. Skeel Jr.
Bankruptcy Or Bailouts?, Kenneth M. Ayotte, David A. Skeel Jr.
All Faculty Scholarship
The usual reaction if one mentions bankruptcy as a mechanism for addressing a financial institution’s default is incredulity. Those who favor the rescue of troubled financial institutions, and even those who prefer that their assets be promptly sold to a healthier institution, treat bankruptcy as anathema. Everyone seems to agree that nothing good can come from bankruptcy. Indeed, the Chapter 11 filing by Lehman Brothers has been singled out by many the primary cause of the severe economic and financial contraction that followed, and proof that bankruptcy is disorderly and ineffective. As a result, ad-hoc rescue lending to avoid bankruptcy …
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker
BYU Law Review
No abstract provided.
Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer
Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer
Faculty Scholarship
Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006.
Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments.
Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that …
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson
Carroy U "Cuf" Ferguson, Ph.D.
During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …
"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl
"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl
Educational Studies, Research, and Technology Department Faculty Publications
This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa A. Baird
How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa A. Baird
Faculty Articles
This Article proposes that dissenting Supreme Court Justices provide cues in their written opinions about how future litigants can reframe case facts and legal arguments in similar future cases to garner majority support. Questions of federal-state power cut across most other substantive legal issues, and this can provide a mechanism for splitting existing majorities in future cases. By signaling to future litigants when this potential exists, dissenting judges can transform a dissent into a majority in similar future cases.
We undertake an empirical investigation of dissenting opinions in which the dissenting Justice suggests that future cases ought to be framed …