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2014

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Full-Text Articles in Law

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry Dec 2014

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry

The US Army War College Quarterly: Parameters

No abstract provided.


American "Declinism": A Review Of Recent Literature, Michael Daniels Dec 2014

American "Declinism": A Review Of Recent Literature, Michael Daniels

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies 2, Usawc Press Dec 2014

Commentaries And Replies 2, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Index, Vol. 14, 2014, Usawc Press Dec 2014

Index, Vol. 14, 2014, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Prediction Theories Of Law And The Internal Point Of View, Michael S. Green Dec 2014

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

San Diego Law Review

In my remarks here, I will try to defend Claus’s iconoclastic tone by identifying the important difference between prediction theories of law and Hart’s. I start with a number of distinctions. By a prediction theory of law I mean a theory under which a statement about the law, such as “The Securities Exchange Act is valid law,” is a prediction of the behavior and attitudes of people in a community. In addition to offering this theory, Claus tacks on what I will call a prediction theory of lawmaking, under which the words uttered or written by lawmakers are themselves essentially …


Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson Dec 2014

Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies 1, Usawc Press Dec 2014

Commentaries And Replies 1, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2014

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Law’S Evolution And Human Understanding, Laurence Claus Dec 2014

Law’S Evolution And Human Understanding, Laurence Claus

San Diego Law Review

What a privilege and delight it was to welcome the participants to this conference. I am deeply grateful to the outside commentators, Bill Edmundson, John Finnis, Michael Steven Green, Mark Greenberg, Fred Schauer, and Larry Solum, for contributing so generously. My thanks also go to the many faculty colleagues who joined in the celebration, and particularly to Larry Alexander for convening the event and leading the proceedings, as he so often does, and does so well. This response to the insightful commentaries on Law’s Evolution and Human Understanding grows out of three propositions: law comes first, law is signals, law …


Law’S Evolution And Law As Custom, William A. Edmundson Dec 2014

Law’S Evolution And Law As Custom, William A. Edmundson

San Diego Law Review

normative, and law works by channeling custom-in-gross into progressively finer and more precise grooves. If there is normative moral value resident in the custom of elevating and following leaders, then that normativity ought to flow downstream into the finer channels officials carve and into the fresh territory they wish us to occupy. In places, that flow is too diluted, and normativity trails off. In places, officials direct the stream over a cliff, and it is no longer normative at all. In places, the stream is overtaken by stronger normative streams and can only make a difference yet farther downslope, where …


Considering Why We Lost, Tami Davis Biddle Dec 2014

Considering Why We Lost, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.


The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie Dec 2014

The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie

The US Army War College Quarterly: Parameters

No abstract provided.


A Internet À Luz Do Direito Constitucional E Civil, Prof. Dr. Eloi Martins Senhoras Nov 2014

A Internet À Luz Do Direito Constitucional E Civil, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.


Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs Nov 2014

Piercing The Prison Uniform Of Invisibility For Black Female Inmates, Michelle S. Jacobs

Michelle S Jacobs

In Inner Lives: Voices of African American Women In Prison, Professor Paula Johnson has written about the most invisible of incarcerated women — incarcerated African American women. The number of women incarcerated in the United States increased by seventy-five percent between 1986 and 1991. Of these women, a disproportionate number are black women. The percentages vary by region and by the nature of institution (county jail, state prison or federal facility), but the bottom line remains the same. In every instance, black women are incarcerated at rates disproportionate to their percentage in the general population. In Inner Lives, Professor Johnson …


No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth Nov 2014

No Indictment: Making Sense Of Monday's Decision In Ferguson, Donald Roth

Faculty Work Comprehensive List

"It was no surprise that this decision stirred strong emotional responses across the board, with many taking the same decision as either full exoneration of Mr. Wilson or proof positive of a racist system incapable of producing justice. So how do we make sense of what has happened?"

Posting about the grand jury decision in Ferguson, Missouri following the death of Michael Brown and how Christians should react to it from In All Things - an online hub committed to the claim that the life, death, and resurrection of Jesus Christ has implications for the entire world.

http://inallthings.org/no-indictment-making-sense-of-mondays-decision-in-ferguson/


A Different Kind Of Justice: Review 2, Claudia Taranto Nov 2014

A Different Kind Of Justice: Review 2, Claudia Taranto

RadioDoc Review

A Different Kind of Justice tells the story of two people who met across a table in a restorative justice (RJ) conference, facilitated by Karl James, an RJ professional. Margaret’s home is robbed; Ian, a burglar and heroin addict, took a few small items, including a laptop with all her family photos. Margaret reveals that her daughter Jessica died in a car accident a few months after the burglary and the missing photos now mean so much more to the family.

The program is essentially interviews with the two characters, intercut, as they each tell their version of their shared …


Genocide To Gaming: Cahuilla Activism And The Tribal Casino Movement, Theodor P. (Ted) Gordon Nov 2014

Genocide To Gaming: Cahuilla Activism And The Tribal Casino Movement, Theodor P. (Ted) Gordon

Forum Lectures

What began with a poker club on an isolated Indian reservation in the California desert now rivals the commercial casino industry. While Indian casinos have rapidly transformed native and non-native communities across North America, their growth entails indigenous traditions practiced for millennia. For the Cabazon Band, who opened that first poker club and later defended it before the Supreme Court, gambling is linked to their tradition of self-determination. In fact, the Cahuilla nations, which include the Cabazon Band, continue to exert cultural practices that have significantly altered California's development since the arrival of Europeans, even during state-endorsed genocide. After the …


ظهور پيدايش قدرت هاى نهادی در دولت ایران وتأثير آن در مذاكرات با ايالات متحده, Ahmed Souaiaia Nov 2014

ظهور پيدايش قدرت هاى نهادی در دولت ایران وتأثير آن در مذاكرات با ايالات متحده, Ahmed Souaiaia

Ahmed E SOUAIAIA

در آستانه تصاحب قدرت در سنا و همچنين افزايش كنترل در كنگره ايالات متحده توسط جمهورى خواهان، روزنامه وال استريت با استناد به  يك منبع ناشناس مى نويسد كه رئيس جمهور اوباما يك "نامه محرمانه" به رهبريت جمهورى اسلامى ايران فرستاده است.


A Different Kind Of Justice: A Critical Reflection, Cassandra Sharp Dr Nov 2014

A Different Kind Of Justice: A Critical Reflection, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind of …


The Santa Clara, 2014-11-13, Santa Clara University Nov 2014

The Santa Clara, 2014-11-13, Santa Clara University

The Santa Clara

No abstract provided.


Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro Nov 2014

Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro

Doctoral Dissertations

My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to …


The Santa Clara, 2014-11-06, Santa Clara University Nov 2014

The Santa Clara, 2014-11-06, Santa Clara University

The Santa Clara

No abstract provided.


Faculty Research Interest Database, David Owerbach Nov 2014

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.


Tsu Faculty Publication Database, David Owerbach Nov 2014

Tsu Faculty Publication Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.


Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner Nov 2014

Table Annexed To Article: Surveying The 831 Unique Words In The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Of the 831 unique words in the Philadelphia Constitution, what were the most frequently used words? The least? OCL lists all unique words in rank order with and without frequencies, accounting for the word total of 4,321 words in the Philadelphia Constitution.


The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner Nov 2014

The Colony-Making Power Of Congress Priced In The Purchase Of Alaska, Peter Aschenbrenner

Peter J. Aschenbrenner

There is certainly no power given by the Constitution to the Federal Government to establish or maintain colonies bordering on the United States or at a distance, to be ruled and governed at its own pleasure, Our Constitutional Logic paraphrases the immediate cause of the Civil War, with citation to Dred Scott’s case at 60 U.S. 393, 446 (1857). That, however, is not the only defect in the purchase of Alaska from the Czar of the Russias. Our Constitutional Logic investigates the non-Euclidean geometry pertinent to the treaty’s boundaries such as they might appear on the sphere near you.


Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner Nov 2014

Madison's Redans, Ravelins And Bastions: A Short History Of The War Of 1812, Peter Aschenbrenner

Peter J. Aschenbrenner

The employment of earthworks and breastworks in defense of dense communities is considered in light of the advice of Baron Henri de Jomini which the Secretary of Defense transmitted before Madison appointed. Because the Secretary failed to follow the Baron’s advice – which the Secretary had transmitted into print culture as Hints to Young Generals – Madison sacked him after the battle of Bladensburg.


The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao Nov 2014

The Global Slavery Index - Seduction And Obfuscation, Anne T. Gallagher Ao

Anne T Gallagher

Critique of the Global Slavery Index. For published version see http://www.theguardian.com/global-development/poverty-matters/2014/nov/28/global-slavery-index-walk-free-human-trafficking-anne-gallagher


Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild Nov 2014

Anorexia/Bulimia, Transcendence, And The Potential Impact Of Romanticized/Sexualized Death Imagery, Heather D. Schild

Center for the Study of Ethics in Society Papers

Presented November 10, 2014. Papers presented for the Center for the Study of Ethics in Society Western Michigan University


James Madison’S Federalist No. 10 Considered In A Very Large State, Peter J. Aschenbrenner Oct 2014

James Madison’S Federalist No. 10 Considered In A Very Large State, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Peter Onuf’s essay in All Over the Map: The Origins of American Sectionalism measures the cost of diversity in constituencies: eventually geography tears a nation apart or supplies the preconditions for its destruction. James Madison’s Federalist No. 10 argues that large republics are possible, a thesis (obliquely) opposed to Onuf’s. Our Constitutional Logic investigates.