Law Commons^™

Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.

Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino

Student Scholar Symposium Abstracts and Posters

The personal papers of American Jesuit priest, Wilfrid Parsons, evince an international information war concerned with the praxis of "facts" pertaining to Mexico’s Church and state conflicts of 1925 to 1939. While editor-in-chief of the Jesuit weekly magazine, "America", (1925-1936) Parsons transformed the publication into the pre-eminent Catholic source of information about the "Mexican situation", consequently enabling him to coordinate the publication of "facts" with several other New York based Catholic publications. However, rather than speaking to strictly Catholic interests in the Mexican conflict, research has shown that, when analyzed as a focal point of information processing, the sources in …

Do Cameras Make A Difference? The Death Of Eric Garner And Another “No Indictment”, Donald Roth

Faculty Work Comprehensive List

"If body cameras are supposed to help clear up the record, why was there no indictment in a case that seems so clearly abusive, and if a grand jury declined to indict despite the video evidence, what use is adopting cameras?"

Posting about the grand jury decision in New York City following the death of Eric Garner 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/do-cameras-make-a-difference-the-death-of-eric-garner-and-another-no-indictment/

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/

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 …

Faculty Research Interest Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

Tsu Faculty Publication Database, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

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

Top 10 U.S. Supreme Court Cases From The Last Term, Donald Roth

Faculty Work Comprehensive List

"This list is ranked based on my perceptions of importance, newsworthiness, and the interests of this audience. Every Supreme Court case is significant. I just think these will be the most significant for a reading of in all things to know."

Posting about significant U.S. Supreme Court cases from the last term 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/top-10-u-s-supreme-court-cases-you-should-know-about/

5 U.S. Supreme Court Cases Every Christian Should Be Aware Of, Donald Roth

Faculty Work Comprehensive List

"What United Stated Supreme Court cases should Christians be aware of?"

Posting about the five United States Supreme Court cases of which all Christians should be aware 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/supreme-court-cases-christians-should-know-about/

Copyright, Fair Use, And Author Rights, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Conference Presentations and Speeches

From the promotional flyer for this talk:

Copyright is a battlefield, and an author's control over his/her own work can easily become collateral damage or go missing in action. Many publishers believe they have an inherent right to own the intellectual property arising from your grant-funded research and to live off the earnings of written works that you had little choice but to give them for free or pay them to publish.

In this session, you will learn more about U.S. Copyright Law, authors' rights, fair use, and protecting your intellectual property. You will learn how to make copyright law …

Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe

Student Publications

This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]

Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun

Student Publications

This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …

Femicide In Bolivia After Law 348, Adán Martínez

Independent Study Project (ISP) Collection

This project explores the concept of femicide from a unique perspective, by analyzing the effect that Law #348: The Internal Law to Guarantee Women a Life Without Violence after a year that it passed during the Morales' administration. I examine two crucial questions to this study: 1) How do we explain the paradox that although this law has passed, today we see an increase in the number of femicides in Bolivia? 2) What are the obstacles that prevent that application of law 348 3) What can we do to put a stop to femicides? I demonstrate that several factors like …

An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That‘s why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you‘ll be as eager to join us as we are to have …

So We Ran..., Sara R. Bias

Student Publications

This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.

Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias

Student Publications

Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.

Agenda: Celebrating The Great Law: The Wilderness Act At 50, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society

Celebrating the Great Law: The Wilderness Act at 50 (September 4-5)

"A conference sponsored by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Wilderness Society."

On September 3, 2014, the National Wilderness Preservation System—established and protected by the Wilderness Act of 1964—celebrates its 50th anniversary. We are gathering on September 4th and 5th to celebrate Wilderness—“ornery old wilderness, scratchy, sweaty, and distant, but sacred every step of the way”—and to commemorate the great law so central to its protection.

This is not an ordinary conference, full of dry presentations or heated policy debates. Instead, this will be a full-throated love song to wild country. We have brought …

International Organizations: An Early History, Michael Davies, Richard Woodward

Books/Book Chapters

This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.

Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman

All Faculty Scholarship

In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …

2014 Tsu Undergraduate Research Program, David Owerbach

Office of Research Institutional Research and Scholarship

No abstract provided.

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Criminal Justice As Ministry, Donald Roth

Faculty Work Comprehensive List

"While the Lord stores up final judgment, He also appoints ministers in this world charged with upholding the good and vindicating the victimized."

Posting about the purpose of the U. S. Criminal Justice System 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/criminal-justice-as-ministry/

Trade, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.

New York Stock Exchange, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of the origins and early development of the New York Stock Exchange.

Revenue, U.S. Government, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.

Forty-Five Years Of Law And Literature: Reflections On James Boyd White's "The Legal Imagination" And Its Impact On Law And Humanities Scholarship, Elizabeth Mertz, Robert P. Burns, Matthew Anderson, Jack L. Sammons, Thomas D. Eisele, Linda L. Berger, Linda Ross Meyer, Dvid Gurnham

Faculty Articles and Other Publications

This special section of Law and Humanities focuses on the 45th anniversary edition of James Boyd White’s The Legal Imagination: a book that was groundbreaking when it first appeared in 1973 (since it is generally credited as having initiated the ‘law and literature’ movement) and that remains a hugely important resource today. White’s approach to legal scholarship and education - reading law’s instruments, its rhetoric and concepts alongside, above, below and in-between literary works and criticism - opened up a new world of intellectual possibilities. Realization of these possibilities has come in the form of the growth and flourishing, not …

Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton

All Faculty Scholarship

The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …

Ineffective Assistance Of Counsel Before Powell V. Alabama: Lessons From History For The Future Of The Right To Counsel, Sara Mayeux

All Faculty Scholarship

The doctrinal literature on ineffective assistance of counsel typically begins with the 1932 Supreme Court case of Powell v. Alabama. This symposium contribution goes back farther, locating the IAC doctrine’s origins in a series of state cases from the 1880s through the 1920s. At common law, the traditional agency rule held that counsel incompetence was never grounds for a new trial. Between the 1880s and the 1920s, state appellate judges chipped away at that rule, developing a more flexible doctrine that allowed appellate courts to reverse criminal convictions in cases where, because of egregious attorney ineptitude, there was reason …

Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons

Faculty Scholarship

Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …