Law Commons^™

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

Hendricks, John, D. 1814 (Sc 168), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 168. Certified transcripts (1856), of Warren Circuit Court records for two lawsuits involving title to land: James Bell v. John Hendrick (1815, commenced 1806) and George M. Bibb v. John Hendrick (1816, commenced 1815 against Hendrick's heirs).

Greenup, Christopher, 1750-1818 (Sc 218), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 218. Document signed by Christopher Greenup, clerk of the Mercer County court, 17 December 1788, to the sheriff of Madison County, related to damages awarded Thomas Upshaw against Patrick Joyes. At this time, Mercer and Madison Counties were part of the District of Kentucky of the Commonwealth of Virginia.

Scholar Week, Gregg Chenoweth

Scholar Week Archives (2011-2015)

During Scholar Week we take inspiration from 18th century preacher-scholar |ohn Wesley. As “a denominational university in the Wesleyan tradition,” scholarship and piety are thoroughly compatible here. So, in Scholar Week we tune our ear to the gong and echo of Wesley. It is not just history, but his story, even to this day. In our own scholarship projects we join a great cloud of Christians not educated out of their faith, but fashioning an educated faith, where the love of the Lord by heart, soul, strength, and mind is our great and worthy cause.

Unfinished Business: Building Equality For Women In The Construction Trades, Susan Moir, Meryl Thomson, Christa Kelleher

Labor Resource Center Publications

This review and analysis of over one hundred and twenty published and unpublished sources on the unfinished business of increasing women’s participation in the construction workforce over the past thirty-plus years aims to:

• Provide a definitive assessment of the consistency of evidence on the daunting challenges facing women who seek to enter and advance in the construction workplace and
• Examine the failure of a critical social policy intended to address occupational segregation and ensure access to high-paying jobs to women.

Using the wide array of available sources, this report provides a historical overview of policy efforts to integrate women into …

Director's Letter, Sarah Chinn

Center for LGBTQ Studies (CLAGS)

As I write this, the snow is slowly melting: the residue of the blizzard that brought 2010 to a close (and ground the East Coast to an almost complete halt). The stillness of the air outside fosters a kind of meditativeness, although it's hard to get a firm grasp on the events of the past few weeks. After what seemed like an endless parade of false starts, Congress finally overturned Don't Ask, Don't Tell, a policy that came into being at the same time as our newest crop of undergraduates. And at almost the same moment, the DREAM Act, legislation …

Topscholar®, Creating Opportunities [Brochure], Connie Foster, Jennifer Wilson

TopSCHOLAR® Presentations and Reports

No abstract provided.

Review Of Aboriginal Title And Indigenous Peoples: Canada, Australia, And New Zealand. Edited By Louis A. Knafla And Haijo Westra., Dwight Newman

Great Plains Research: A Journal of Natural and Social Sciences

This volume contains a number of intelligent, insightful essays that, as a collection, are meant to offer comparative perspectives on Aboriginal title issues in Canada, Australia, and New Zealand. A relatively limited number of the essays actually engage in direct comparison, although David Yarrow's examination ofthe place ofIndigenous jurisdiction in Australia and Canada, Kent McNeil's scrutiny ofthe source and content ofIndigenous land rights in Australia and Canada, and Louis Knafta's superb introduction are welcome exceptions. Most of the other chapters frame a set of comparisons by engaging with issues in a single jurisdiction, although some are also devoted to specific …

Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring

Great Plains Research: A Journal of Natural and Social Sciences

In Canada, the term First Nations explicitly recognizes a nation-to-nation relationship between the Crown and the original inhabitants of North America that requires treaty making as the primary political and legal process for the taking of Indian lands and the incorporation of Indian nations into the multinational Canadian state. There are great political difficulties embodied in this process, including the continued impoverishment and marginalization of the First Nations, and the repeated failure of successive Canadian governments to carry out their responsibilities under these treaties, but the treaty process remains the required process. J.R. Miller, perhaps Canada's leading scholar of Aboriginal …

Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski

Department of History: Dissertations, Theses, and Student Research

While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.

Certainly, NAGPRA demonstrates the most …

Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister

All Faculty Scholarship

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to …

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Great Plains Research: A Journal of Natural and Social Sciences

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as much about …

Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.

Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Comments On [Israeli] Proposal For Structuring Judicial Discretion In Sentencing, Paul H. Robinson

All Faculty Scholarship

In this essay, Professor Robinson supports the current Israeli proposal for structuring judicial discretion in sentencing, in particular its reliance upon desert as the guiding principle for the distribution of punishment, its reliance upon benchmarks, or “starting-points,” to be adjusted in individual cases by reference to articulated mitigating and aggravating circumstances, and the proposal’s suggestion to use of an expert committee to draft the original guidelines.

Drawing A Line In The Sand: Copyright Law And New Museums, Megan M. Carpenter

Law Faculty Scholarship

Over the last twenty years, audience attendance at museums, galleries, and performing arts institutions in the United States has decreased dramatically. Major museums and galleries are considering ways to add engaging and meaningful value to the user experience with technology, from incorporating user-generated content to creating multimedia installations billed as “collaborative” works.

In 2010, the Dallas Museum of Art’s Coastlines: Images of Land and Sea exhibition featured landscapes from 1850 to the present, as well as a sound installation composed by students and faculty in the Arts and Technology program at the University of Texas at Dallas, which played on …

Why Asean Should Admit Timor Leste, Mahdev Mohan, Lan Shiow Tsai

2008 Asian Business & Rule of Law initiative

No abstract provided.

Law, Philosophy, And Civil Theodicy: An Interpretation Of Plato's Epinomis, Steven Thomason

Presentations and Lectures

Scholars have mostly neglected Plato’s Epinomis. To my knowledge no one has attempted an interpretation of the dialogue as a whole in recent memory. In part this is because some scholars have argued that the Epinomis was not written by Plato. However, this is not the opinion of many prominent Plato scholars of the last century and a half. For example, George Grote, Paul Friedlander, A.E. Taylor, and Paul Shorey all considered it an authentic Platonic dialogue. Additionally, its authenticity was hardly doubted by ancient commentators. The main argument made for its not being authentic is not interpretational but alleged …

Perkins, Nicholas, 1779-1848 (Sc 187), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 187. Photostat of letter written by Nicholas Perkins from Richmond, Virginia, 19 August 1807 to relative Nicholas Tate Perkins, Williamson County, Tennessee, while he was attending Aaron Burr’s treason trial. Perkins was chiefly responsible for Burr’s capture. Also includes biographical information about Perkins.

Lincoln, Thomas, 1778-1851 (Sc 184), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 184. Photographs of a $500 bond posted by Thomas Lincoln as constable of Cumberland County, Kentucky. In addition to Lincoln, bond signed by Jesse Gee and Moses Kirkpatrick. Scholars disagree as to whether the signer of this bond was President Abraham Lincoln's father or a cousin.

Reimagining Democratic Theory For Social Individuals, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn …

Jewish Non-Governmental Organizations, Michael Galchinsky

English Faculty Publications

No abstract provided.

The Fortas Film Festival, Brian L. Frye

Studio for Law and Culture

The story of Jack Smith’s film Flaming Creatures and the “Fortas Film Festival” illustrates the dialectic of obscenity. The obscenity doctrine expresses the conventional wisdom that the First Amendment actually protects art, and protects pornography only by extension. But Flaming Creatures and the Fortas Film Festival suggest that obscenity is dialectical. The obscenity doctrine provides the thesis: art protects pornography, by justifying the protection of sexual expression. Flaming Creatures and the Fortas Film Festival provide the antithesis: pornography protects art, by normalizing sexual expression. The history of obscenity law provides the synthesis: art and pornography protect each other. In other …

The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed

Studio for Law and Culture

In 1984, Pakistan’s military ruler General Zia-ul-Haq passed an executive Ordinance that made it a criminal offence for members of the heterodox Ahmadiyya community, a self-defined minority sect of Islam, to refer to themselves as Muslims and practice Islam in public. Ahmadis challenged the 1984 Ordinance in both the Supreme Court and the Federal Shariat Court in Pakistan – in the former on that grounds that the Ordinance violated their constitutionally guaranteed right to freedom of religion and in the latter on the grounds that it violated shari’a. In a clear departure from the Pakistani courts’ earlier rulings on the …

Punishing Without Free Will, Luis E. Chiesa

Journal Articles

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

The Prehistory Of Fair Use, Matthew Sag

Faculty Articles

This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.

Specifically, Part II explores the foundation for the …