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2007

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Full-Text Articles in Law

The Role Of Religious Values In Politics, Darrin P. Dixon Dec 2007

The Role Of Religious Values In Politics, Darrin P. Dixon

Darrin P Dixon

No abstract provided.


A Study Of The Relationship Between American Evangelicals And Human Rights, Amy Rachel Timmons Stumpf Dec 2007

A Study Of The Relationship Between American Evangelicals And Human Rights, Amy Rachel Timmons Stumpf

Loma Linda University Electronic Theses, Dissertations & Projects

Human rights violations and abuses affect every region of the globe. The most recent Amnesty International Annual Report details violations in 149 countries. While there are no simple solutions to a problem of this magnitude and complexity, the support of powerful social groups can help in providing relief to the victims, pressure on abusive governments, legal consequences for abusers, and other resources in combating the violence that seems to chronically plague over our world. One of the most powerful groups, with tremendous social capital, is American evangelicals. Evangelicalism, even given the loose and informal organizational structures, is one of the …


"No Writer Nor Scholar Need Be Dull": Recollections Of Paul J. Korshin, Ira P. Robbins Nov 2007

"No Writer Nor Scholar Need Be Dull": Recollections Of Paul J. Korshin, Ira P. Robbins

Ira P. Robbins

Personal reminiscences and tributes about Paul J. Korshin


Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha Nov 2007

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.


Bullitt, W. G. (Sc 1533), Manuscripts & Folklife Archives Nov 2007

Bullitt, W. G. (Sc 1533), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1533. Autograph album of the Constitutional Convention of Kentucky, 1890-1891, of delegate W.G. Bullitt of McCracken County.


Boone, George Street, 1918-2004 (Sc 1530), Manuscripts & Folklife Archives Nov 2007

Boone, George Street, 1918-2004 (Sc 1530), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1530. Letter, 18 September 1987, from George Street Boone, an attorney In Elkton, Kentucky, to Senator Wendell H. Ford, Washington, D.C., discussing the candidacy of Robert H. Bork, Jr. as a Justice of the U.S. Supreme Court.


The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles Nov 2007

The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D. Nov 2007

2007 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library, Joanne E. Goodell Ph.D.

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr. Joanne Goodell was the guest speaker.


Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2007

Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet Nov 2007

Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet

Human Rights & Human Welfare

A review of:

Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.

and

The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.

and

The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.


Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen Oct 2007

Face To Face With “It”: And Other Neglected Contexts Of Health Privacy, Anita L. Allen

All Faculty Scholarship

“Illness has recently emerged from the obscurity of medical treatises and private diaries to acquire something like celebrity status,” Professor David Morris astutely observes. Great plagues and epidemics throughout history have won notoriety as collective disasters; and the Western world has made curiosities of an occasional “Elephant Man,” “Wild Boy,” or pair of enterprising “Siamese Twins.” People now reveal their illnesses and medical procedures in conversation, at work and on the internet. This paper explores the reasons why, despite the celebrity of disease and a new openness about health problems, privacy and confidentiality are still values in medicine.


Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz Oct 2007

Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz

Human Rights & Human Welfare

From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.

© Susan Waltz. All rights reserved.*

*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …


Book Information And Talk At Ritz Theatre And Lavilla Museum Oct 2007

Book Information And Talk At Ritz Theatre And Lavilla Museum

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A talk with Rodney Hurst about his new book "It was Never about a Hot dog and a Coke"


The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly Oct 2007

The Application Of The Religious Freedom Restoration Act To Appearance Regulations That Presumptively Prohibit Observant Sikh Lawyers From Joining The U.S. Army Judge Advocate General Corps, Rajdeep Singh Jolly

W&M Law Student Publications

Observant Sikh lawyers are presumptively prohibited from joining the U.S. Army Judge Advocate General (JAG) Corps because they cannot satisfy the Army's appearance regulations. This essay argues that this presumptive prohibition violates the Religious Freedom Restoration Act (RFRA). Under RFRA, the federal government may substantially burden an individual's exercise of religion only if it demonstrates that its application of the burden furthers a compelling governmental interest by the least restrictive means.' The Army's appearance regulations are designed to promote two interests-uniformity and safety. In the course of furthering these interests, the Army's appearance regulations effectively preclude observant Sikhs from joining …


The Limits Of Group Rights: Religious Institutions And Religious Minorities In International Law, Bernadette A. Meyler Oct 2007

The Limits Of Group Rights: Religious Institutions And Religious Minorities In International Law, Bernadette A. Meyler

Cornell Law Faculty Publications

Scholars and advocates of religious liberty within the United States are beginning to suggest that our constitutional discourse has focused too intently on individual rights and that our attention should now turn to the interests of religious institutions and the notion of church autonomy. The reoriented jurisprudence encouraged by such proposals is not without parallel in other national contexts, including those of Europe. Heeding calls to attend to church autonomy could thus bring the United States into closer harmony with its European counterparts. Placing priority on church autonomy might, however, generate unforeseen obstacles to the exercise of religious liberty. In …


Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler Oct 2007

Religious Exemptions And The Common Good: A Reply To Professor Carmella, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan G. Vacca Oct 2007

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan G. Vacca

Akron Law Faculty Publications

This Article explores the development of copyright law’s first sale doctrine and the Record Rental Amendment (RRA) in light of the Sixth Circuit’s interpretation of the RRA in Brilliance Audio, Inc. v. Haights Cross Communications, Inc. This Article does not take issue with the court’s conclusion, but instead uses the differing conclusions of the majority and dissent to illustrate that the RRA exception is in need of Congressional clarification. This Article also examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works, concluding that they should. The author then proposes two alternative amendments to …


The Admiralty Jurisdiction Of Torts And Crimes And The Failed Search For Its Purposes, Graydon S. Staring Oct 2007

The Admiralty Jurisdiction Of Torts And Crimes And The Failed Search For Its Purposes, Graydon S. Staring

Graydon S. Staring

This article views the jurisdiction, or power, of the Admiral in its historic setting as that of a governor, a ruler, of the offshore waters claimed by the kings. He had military, legislative (regulatory), police and judicial powers, the recognition of which became customary for maritime nations. The judicial jurisdiction comprised the legal questions that arose from his other functions. Like the rest of his powers, it was territorial rather than defined by other subject matter. This was the situation when the Constitution was adopted, when admiralty in its broadest form known to us was found in the colonies and …


Santa Clara Magazine, Volume 49 Number 2, Fall 2007, Santa Clara University Oct 2007

Santa Clara Magazine, Volume 49 Number 2, Fall 2007, Santa Clara University

Santa Clara Magazine

14 - A DAY IN THE LIFE OF THE PRESIDENT By Ron Hansen. Set your alarm clock early-then get up and follow Paul Locatelli, S.J., through a day of leading the University and serving as pastor, professor, mayor, and CEO.

22 - BUILT BY IMMIGRANTS By Gerald McKevitt, S.J. How Italian Jesuits helped shape the American West, from religious devotions to curriculum to pasta.

28 - YOU ARE HERE By Sarah Stanek. SCU students and faculty collaborate on a groundbreaking project documenting early life at Mission Santa Clara-and the result is a book that's the first of its kind for …


Irish Law 2007, Notre Dame Law School Oct 2007

Irish Law 2007, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2010, Welcome as a potential student to Notre Dame 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 Notrt;: Dame Law School. We also hope that …


University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School Oct 2007

University Of Notre Dame, The Law School: Educating A Different Kind Of Lawyer, Notre Dame Law School

About the Law School

Notre Dame Law School is like no other:

I say this from experience as an alumna, professor, and Dean. I believe that the Law School's unique character comes not only from famous campus buildings or the immediate public recognition of our name, but also from faculty and students who collectively dedicate themselves to the highest ethical and moral standards in the pursuit of justice. Thus is born "a different kind of lawyer." At Notre Dame, we strive to be a place where students and faculty who are interested in the integration of faith and reason, whether they are Catholics or …


The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson Sep 2007

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 …


Martin, Mary P. (Sc 1347), Manuscripts & Folklife Archives Sep 2007

Martin, Mary P. (Sc 1347), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1347. Legal response of those charged by the sheriff of Muhlenberg County, Kentucky, to appraise land owned by the Green River Coal, Iron & Manufacturing Company as ordered by the Warren County Circuit Court, to satisfy a judgment against the company in favor of Mary P. Martin.


Ua12/2/1 College Heights Herald, Vol. 83, No. 4, Wku Student Affairs Sep 2007

Ua12/2/1 College Heights Herald, Vol. 83, No. 4, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.


Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman Sep 2007

Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman

All Faculty Scholarship

The use of bribes to co-opt an enemy’s forces can be a more effective way to wage war than the conventional use of force: Relative to bombs, bribes can save lives and resources, and preserve civic institutions. This essay evaluates the efficacy and normative desirability of selectively substituting bribes for bombs as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between …


Ua12/2/1 College Heights Herald, Vol. 83, No. 3, Wku Student Affairs Sep 2007

Ua12/2/1 College Heights Herald, Vol. 83, No. 3, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news.


Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter Sep 2007

Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter

Human Rights & Human Welfare

A review of:

Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.


Wars Against Civilians Are Unjust Wars, Richard A. Falk Sep 2007

Wars Against Civilians Are Unjust Wars, Richard A. Falk

Human Rights & Human Welfare

For those of us old enough to recall the anti-war testimony of Vietnam vets during the early 1970s, reading the chilling report by Hedges and Al-Arian on the attitudes of Iraq war vets is shocking, and yet not surprising. It is shocking because of the eyewitness confirmation of cruelty and lethal brutality on a regular basis in the interactions between the coalition army of occupation and Iraqi civilian society. Sadly, it is not shocking because of the nature of the violent resistance to occupation being encountered by American forces in Iraq, giving rise to a Vietnam-style mentality of counterinsurgency in …


قــلاع و جــسور: الدراســات البينيــة و أثرهــا فــي الاتصــال بيــن الحقــول المعرفيــة - دراســة فــي القانــون كحقــل معرفــي مستقــل و علاقتــه بعــداه مــن العلــوم *, Mashael Alhajeri Sep 2007

قــلاع و جــسور: الدراســات البينيــة و أثرهــا فــي الاتصــال بيــن الحقــول المعرفيــة - دراســة فــي القانــون كحقــل معرفــي مستقــل و علاقتــه بعــداه مــن العلــوم *, Mashael Alhajeri

Mashael Alhajeri

Castles and Bridges: Interdisciplinary Research and its Role in Connecting Academic Disciplines - A Study in Law as an Autonomous Discipline and its relation to other Sciences

Alhajeri, Mashael A.

The classic classification of knowledge into disciplines is an old academic tradition that dates back to the times of ancient Greece. This taxonomy survived until the middle ages, and was well established during the renaissance. Its characteristics where defined with the development of social sciences and humanities, which evolved in the late nineteenth and twentieth centuries.

The driving force behind the constant change in the boundaries between the said disciplines …


Law's Autonomy, Ashok Agrwaal Sep 2007

Law's Autonomy, Ashok Agrwaal

Ashok Agrwaal

Like entropy, autonomy exists. As such, the existence of autonomy does not need any law or laws, beyond itself and its nature. Autonomy can, therefore, be said to be an "original" state of human kind; or at least of the individual. Law, which is frequently seen as preserving/ maximising/ conferring autonomy is actually a device to usurp autonomy. The paper looks at a specific example of how the nation-state, the most powerful usurper of autonomies created till date, arrogates autonomy to itself, in the name of ‘public interest’. Needless to say, in the hands of the state, autonomy translates into …