Law Commons^™

Preaching To The Court House And Judging In The Temple, Nathan B. Oman

Nathan B. Oman

No abstract provided.

Camden History V4 N2, Ian Willis

Ian Willis

CAMDEN HISTORY Journal of the Camden Historical Society Inc. Contents Brian Stratton - the story of a local artist 40 Linda and David van Nunen Memories of Barbering 50 Col Smith Horse History in Western Sydney: Kirkham Stud 60 Mark Latham Dairy Farmer to Young Local Historian 67 Sophie Mulley Echoes of the Appin Massacre 1816 76 Ian Willis Growing up in Camden 81 Joy Riley President's Report 2015 - 2016 86 Bob Lester Pansy, The Camden - Campbelltown Train 91 Photographs by Wayne Bearup Camden Arcade 25th Anniversary Address 97 Christos Scoufis A Personal Reflection on Local History Studies …

Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant

John Passant

Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …

Radical History - Interview On Hindsight - Citizen In The Republic Of The Arts: Lucien Henry, Terence Irving

Terry Irving

No abstract provided.

‘Labour History And Its Political Role – A New Landscape’, Terence H. Irving

Terry Irving

As I was thinking about what to say today I read an article on Manning Clark and found something that made me pause. It was a description of our venerable journal, Labour History, but characterizing it in terms that none of us would use, at least not in public. Instead of describing our field, our sources or our methods, our long list of illustrious contributors, it said that Labour History was the journal of Australia’s left-wing historians. Well, this was in Wikipedia – but nonetheless it struck me that, yes, this is a truth I am prepared to accept. I’m …

Rediscovering Radical History, Terence Irving

Terry Irving

No abstract provided.

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

Daniel A Farber

No abstract provided.

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.

Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann

Jeffrey B. Morris

No abstract provided.

Introduction To Faith And The Historian: Catholic Perspectives, Nick Salvatore

Nick Salvatore

[Excerpt] What follows are the essays by eight historians touched by Catholicism on the meaning of that experience and its effect on their professional work. The essays are presented in broad chronological order, organized more by generational cohort than by specific date of birth. The essays are reflections, in some cases even meditations, and were never intended to conform to the structure and methodology of the historical article for a professional journal. Still, we have tried to shed some light on the inner processes that create that very work.

Deeply Within: Catholicism, Faith And History, Nick Salvatore

Nick Salvatore

[Excerpt] In the decade I spent living with Gene Debs, I thought much about faith's relation to intellect, especially in the political realm. It was not just that a socialist in capitalist America needed faith but rather that Debs's very vision of America's promise was itself a profound act of faith. But with the exception of the last chapter, which I titled, "A Species of Purging," following a phrase in one of Debs's prison letters, overt discussion of any religious sensibility was largely sotto voce, echoes of a private dialogue with myself. Pleased as I was with the book when …

Abraham Lincoln's Religion: The Case For His Ultimate Belief In A Personal, Sovereign God., Samuel W. Calhoun, Lucas E. Morel

Samuel W. Calhoun

None available.

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Samuel W. Calhoun

None available.

May The President Appropriately Invoke God? Evaluating The Embryonic Stem Cell Vetoes, Samuel W. Calhoun

Samuel W. Calhoun

President George W. Bush twice vetoed measures to provide federal funds for embryonic stem cell research requiring the destruction of human embryos. Each veto was premised in part upon his religious beliefs. President Bush’s reliance upon his faith provoked a strong negative reaction. This essay argues that this criticism is baseless. The essay demonstrates that important political leaders spanning three centuries— including Thomas Jefferson, Abraham Lincoln, and Martin Luther King Jr.—have invoked religious beliefs in explaining their positions. The principle of “separation of church and state,” properly understood, is not a persuasive basis for criticizing this religious heritage. President Bush, …

Getting The Framers Wrong: A Response To Professor Geoffrey Stone, Samuel W. Calhoun

Samuel W. Calhoun

Professor Geoffrey Stone’s Essay, The World of the Framers: A Christian Nation?, seeks to state “the truth about . . . what [the Framers] believed, and about what they aspired to when they created this nation.” Doing so will accomplish Professor Stone’s main objective, helping us to understand what “the Constitution allows” on a host of controversial public policy issues.3 Regrettably, Professor Stone’s effort is unsuccessful. Although he clearly tried to be fair in his historical account,4 the Essay ultimately presents a misleading view of the Framers’ perspective on the proper relationship between religion and the state.

Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus

Holly Doremus

Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts, …

Ockham's Theory Of Natural Rights, Siegfried Van Duffel, Jonathan Robinson

Siegfried Van Duffel

Ockham's theory may well be the most influential medieval predecessor of contemporary theories of human rights. We suggest that it was also in a better condition than its descendants.

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Amilcar Shabazz

No abstract provided.

The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson

Mitchell J Nathanson

Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …

Originalism & Early Civil Search Statutes: The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila, Jr.

Fabio Arcila Jr.

Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated. What attention has been paid, primarily as part of what I term the “conventional account,” has it that the Framers were divided about how accessible search remedies should be. This article explains why this conventional account is mostly wrong, and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law.

In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the …

Statement By New Afrikan Prisoner Of War Kuwasi Balagoon, Amilcar Shabazz

Amilcar Shabazz

As a member of Kuwasi Balagoon's political defense collective, called the National Committee to Defend New Afrikan Freedom Fighters, I transcribed this statement that he attempted to present in court at his trial in Goshen, NY, that opened July 11, 1983. Orange County Judge David Ritter denied him from giving the full statement that is presented here from the pamphlet that was published for Black August 1983, with the brief introduction that I wrote.