Law Commons^™

The Insidious Culture Of Fear In Indian Courts, Nidhi Shrivastava

English Faculty Publications

On 20 March 2020, the four adult convicts of the 2012 Delhi rape case were executed after a long debate regarding the punishment for their crime. The Delhi rape case, unlike others, was also given to the fast track court because of the worldwide outrage India received in its aftermath. Otherwise, most rape survivors rarely speak out and if they do, their lives are often endangered and threatened, depending on the severity of the case itself and the perpetrator's rank in the society. Through the analysis of Aniruddha Roy Chowdhury's, 2016 film Pink, and Ajay Bahl's film Section 375 …

Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal

English Faculty Publications

This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the second section of the book, which focuses on the effectiveness of legal responses to gendered violence. As with the previous introductory dialogue, the discussion takes place after preliminary drafts had been completed, and the authors share their thoughts on the subjects they will each discuss in more detail in the following chapters. These include the impact of cultural and gender bias within the Indian legal system, the insufficient impact of long-overdue reforms in Japan's sexual violence …

The Fourth Chief Justice Of The United States, John Marshall, Meagan Schantz

Writing Across the Curriculum

The fourth Chief Justice of the United States, John Marshall (1755-1835), served thirty-four years (1801-1835) in the United States Supreme Court. During his term, Marshall established a stable foundation for the United States Judiciary, which in turn increased the role and scope of the federal government. Marshall’s life and achievements are documented in the biography, The Great Chief Justice: John Marshall and the Rule of Law by Charles F. Hobson, the editor of The Papers of John Marshall.

The X Patents: Patents Issued Under The Patent Acts Of 1790 & 1793, Robert Berry

Librarian Publications

The earliest United States patents— sometimes called “name and date patents” because they were not numbered—are distinctive in many respects. Patent specifications were not required to include claims until the Patent Act of 1870. Moreover, while the 1790 Act required a substantive examination by a Patent Board, that requirement ended with the 1793 Act, when it was deemed too burdensome. Thereafter the evaluation of the sufficiency of patent specifications was left to the courts.

Researching The Early History Of The Patent Policy: Getting Started, Robert Berry

Librarian Publications

There are a lot of reasons to research the early history of American patent policy. It is an inherently interesting history that provides a framework making contemporary patent policy more comprehensible and a foundation for interpreting historic patent records. For students it provides an opportunity to become familiar with some of basic primary sources that are a staple of research into American history. Also, of course, questions may arise from time to time that can only be authoritatively answered by researching this history.

The approach described below seeks to balance comprehensiveness with feasibility, and emphasizes the importance of creating a …

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Constitution Day, 2008, Robert Berry

Librarian Publications

Robert Berry, the research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the United States Constitution and the freedom of speech and expression. The essay was written for the occasion of Constitution Day 2008 at Sacred Heart University.

Illegal Alien? The Immigration Case Of Mohawk Ironworker Paul K. Diabo, Gerald F. Reid

Sociology Faculty Publications

In March of 1927 Paul K. Diabo, a thirty-six-year-old Mohawk ironworker from Kahnawake (Mohawk Nation Territory), Quebec, appeared before Judge Oliver B. Dickinson in federal court in Philadelphia to contest his deportation to Canada. According to the Department of Immigration, which had arrested him a year earlier, Diabo had violated the Immigration Act of 1924 and should be considered an illegal alien. As a member of the Rotinonhsionni (Iroquois) Confederacy, Diabo contended that he had a right to cross the international border without interference and restriction—a right, he argued, that had been recognized by the Jay Treaty of 1794. Diabo’s …

Constitution Day, 2007, Robert Berry

Librarian Publications

Robert Berry, the research librarian for the social sciences at the Ryan Matura Library, has written an essay about the Constitution and the American founding, on the occasion of Constitution Day 2007 at Sacred Heart University.

Hanging Captain Gordon: The Life And Trial Of An American Slave Trader, Julie Mujic

History Faculty Publications

Book review by Julie Mujic.

Soodalter, Ron. Hanging Captain Gordon: the life and trial of an American slave trader. New York: Atria Books, 2006.

ISBN 9780743267274

The Challenge Of Ethical Political Leadership, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Without a solid ethical foundation to state governance, the process of developing and implementing sound public policy is weakened. In addition to the crisis of public confidence, which may turn voters away from politics in disgust, political scandals undermine the quality of the policymaking process.

Connecticut needs watertight laws, vigorous oversight, independent voices, and an electoral process that does not pervert the information voters receive. The responsibility of citizens includes not only voting their consciences but pressing their representatives to put the electoral process and policymaking on a cleaner, more transparent foundation.

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …

Civil Liberties Constraints On Tribal Sovereignty After The Indian Civil Rights Act Of 1968, Robert Berry

Librarian Publications

The Indian Civil Rights Act of 1968 provided a legislative answer to the question of whether, and to what extent, fundamental civil liberties recognized in constitutional law should constrain federally recognized Indian Tribes in the exercise of their sovereign powers. In enacting this law, Congress weighed its desire to protect individuals from arbitrary and overly intrusive tribal actions against the tribes' interest in retaining their legal capacity to act as self-governing entities. Congress struck the balance between these two competing interests by drafting a bill of rights that reflected the particular circumstances of the tribes. The possibility of an appeal …