Law Commons^™

Even Judging Woodrow Wilson By The Standards Of His Own Time, He Was Deplorably Racist, Nancy Unger

History

The news that Princeton acquiesced to student demands that the university confront the racism of Woodrow Wilson set off a series of responses. Some protest that it is unfair to judge the 28th president by present day standards. These pundits, almost all white, proclaim that Wilson must be understood within the context of his own time. The inference of such an assertion is that in times of pervasive racism it is reasonable for a leader to perpetuate it. Setting aside the assumption that morals are relative rather than absolute, let’s examine Wilson’s actions within his times.

Criminal Law And Common Sense: An Essay On The Perils And Promise Of Neuroscience, Stephen J. Morse

All Faculty Scholarship

This article is based on the author’s Barrock Lecture in Criminal Law presented at the Marquette University Law School. The central thesis is that the folk psychology that underpins criminal responsibility is correct and that our commonsense understanding of agency and responsibility and the legitimacy of criminal justice generally are not imperiled by contemporary discoveries in the various sciences, including neuroscience and genetics. These sciences will not revolutionize criminal law, at least not anytime soon, and at most they may make modest contributions to legal doctrine, practice, and policy. Until there are conceptual or scientific breakthroughs, this is my story …

April Miller Et Al. Vs. Kim Davis (Date Filled November 13, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, PH.D., et al. PLAINTIFFS v. KIM DAVIS, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS ROWAN COUNTY CLERK, et al. DEFENDANTS and RESPONSE OF THIRD-PARTY DEFENDANTS TO PLAINTIFFS’ MOTION TO ENFORCE SEPTEMBER 3 AND SEPTEMBER 8 ORDERS KIM DAVIS THIRD-PARTY PLAINTIFF v. STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, et al. THIRD-PARTY DEFENDANTS

April Miller Et Al. Vs. Kim Davis (Date Filled November 9, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, PH.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; AND BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, INDIVIDUALLY, Defendant-Third-Party Plaintiff-Appellant, and STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY, AND WAYNE ONKST, IN HIS OFFICIAL CAPACITY AS STATE LIBRARIAN AND COMMISSIONER, KENTUCKY DEPARTMENT FOR LIBRARIES AND ARCHIVES, Third-Party Defendants-Appellees. ON APPEAL FROM U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, CIVIL ACTION NO. 15-CV-00044, HON. DAVID L. BUNNING BRIEF FOR AMICUS CURIAE EAGLE FORUM EDUCATION & LEGAL DEFENSE FUND IN SUPPORT OF APPELLANT IN SUPPORT OF REVERSAL

Law And Human Nature, Donald Roth

Faculty Work Comprehensive List

"While the law may assume rationality, it's a fair question whether people are really all that rational."

Posting about the way that human nature is viewed by the law 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/the-law-and-human-nature/

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Faculty Publications By Year

No abstract provided.

Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri

All Faculty Scholarship

In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …

The Concept Of The State In American History, William J. Novak

Book Chapters

Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.

Jennifer Reis, Robert Sammons

Audio & Video History Collection

No abstract provided.

Kim Davis Part 1, Robert Sammons

Audio & Video History Collection

No abstract provided.

Melinda Andrews, Robert Sammons

Audio & Video History Collection

No abstract provided.

Mary Hargis, Robert Sammons

Audio & Video History Collection

No abstract provided.

Michael Biel, Robert Sammons

Audio & Video History Collection

No abstract provided.

Bernadette Barton, Robert Sammons

Audio & Video History Collection

No abstract provided.

Carmen Wampler-Collins, Robert Sammons

Audio & Video History Collection

No abstract provided.

Carla Rucker, Robert Sammons

Audio & Video History Collection

No abstract provided.

David Bryant, Robert Sammons

Audio & Video History Collection

No abstract provided.

Julie Sloan, Robert Sammons

Audio & Video History Collection

No abstract provided.

Kim Davis Part 2, Robert Sammons

Audio & Video History Collection

No abstract provided.

Suzanne Tallichet, Robert Sammons

Audio & Video History Collection

No abstract provided.

Robyn Cline, Robert Sammons

Audio & Video History Collection

No abstract provided.

Toni Hobbs, Robert Sammons

Audio & Video History Collection

No abstract provided.

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

About the Law School

From the Introduction:

On behalf of the Notre Dame Law School student body, we are thrilled to be among the first to welcome you to the NDLS Community! We know that this is an exciting time for you and – 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 whether it’s about academics, professors, student life, or just where to get a good dinner. That’s why we’ve prepared the Guide! This is called an Insider’s Guide because it has been written by …

La Búsqueda De Una Agenda En Común: Una Mirada Feminista A Las Organizaciones Lgbti En Nicaragua, Rachel Crane

Independent Study Project (ISP) Collection

In the global context, we are amidst a rapidly changing rights landscape for people who identify as lesbian, gay, bisexual and transgender (LGBT) as more and more governments begin to recognize same-gender partnerships. This gain in LGBT rights worldwide is in no small part to the political organizing and lobbying done by LGBT-rights organizations. Nicaragua’s history with gaining LGBT rights is relatively new, as the government did not repeal the anti-sodomy law here until 2008, thus stagnating the fight for acceptance in the country. As it stands, Nicaragua has a few legal protections for LGBT people, but they continue to …

Revisiting Religious Freedom In Dordt V. Burwell, Donald Roth

Faculty Work Comprehensive List

Posting about a recent opinion handed down from the United States Court of Appeals regarding the "contraceptive mandate", part of the Affordable Care Act (ACA), 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/revisiting-religious-freedom-in-dordt-v-burwell/

China's Nine-Dashed Map: Continuing Maritime Source Of Geopolitical Tension, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …

The Liberal Arts In Practice, Brian C. Murchison

Scholarly Articles

None available.

April Miller Et Al. Vs. Kim Davis (Date Filled September 2, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants

DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

April Miller Et Al. Vs. Kim Davis (Date Filled September 1, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., Plaintiffs, v. KIM DAVIS, et al., Defendants.

PLAINTIFFS’ MOTION TO HOLD DEFENDANT KIM DAVIS IN CONTEMPT OF COURT

Vulnerability, Preventability, And Responsibility: Exploring Some Normative Implications Of The Human Condition, Daniel E. Wueste

Center for the Study of Ethics in Society Papers

Presented March 17, 2015. Papers presented for the Center for the Study of Ethics in Society Western Michigan University.