Law Commons^™

Interview With George Mitchell (3) By Andrea L’Hommedieu, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …

Ua5/3 University Attorney - Committee File, Wku Archives

WKU Archives Collection Inventories

Unprocessed committee files created by the University Attorney. Committees include the Council on Higher Education Special Committee on Minority Affairs, Administrative Council and Teacher Admissions, Certification, and Student Teaching Committee. This record group is unprocessed and must be reviewed for potential restricted materials before access is granted. Please contact the University Archivist prior to your visit.

The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig

All Faculty Scholarship

For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …

Warren County Bar Association - Warren County, Kentucky (Sc 2399), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2399. Memorial resolution of Warren County Bar Association on the death of William H. Sterrett, an officer of the county court.

Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen

All Faculty Scholarship

In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …

Interview With Peter Lunder By Mike Hastings, Peter H. Lunder

George J. Mitchell Oral History Project

Biographical Note
Peter H. Lunder was born in Lynn, Massachusetts, on September 14, 1933, to Ann and Michael Lunder. He was graduated from Colby College in 1956 with a degree in business. He joined the family shoe business, where he eventually became president and co-chair of the board for Dexter Shoes. His uncle was Harold Alfond. In 1977 he was part of the Yawkey Group that bought the Red Sox. He served on the Smithsonian American Art Museum Board in the early 1990s, and at the time of this interview he was an overseer of Colby College.

Summary
Interview includes …

Warren County, Kentucky - Wills (Mss 54), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 54. Original wills, made mostly in Warren County, Kentucky from 1798-1881, but including wills made elsewhere. Also includes some legal documents relating to wills. A name index is included in the finding aid. The is only a small portion of the original wills filed at the Warren County courthouse form 1798 to 1915.

Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken

Independent Study Project (ISP) Collection

This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …

Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby

Independent Study Project (ISP) Collection

The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …

El Papel De La Educación Y Las Ong’S En Mejorar El Acceso A Derechos Para Inmigrantes: El Caso De Los Derechos Sexuales Y Reproductivos = The Role Of Education And Ngo’S In Helping Immigrants Obtain Better Access To Their Rights: The Specific Case Of Sexual And Reproductive Rights, Amy Torres

Independent Study Project (ISP) Collection

In January of 2004, Argentina approved a new immigration law that guaranteed the protection of human rights for all immigrants in the country regardless of their legal status with the State. Among the rights explicitly guaranteed by this law were the right to migrate, the right to education and the right to health care. While this law represents a significant advance by the Argentine government in protecting the human rights of immigrants, oppressive mechanisms still remain in everyday practices that inhibit actual access to their rights.

Considering the changes in the law and the breach between the laws and everyday …

Irish Law 2010, 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 …

Constitutional Convention Of Kentucky, 1788-1792 (Sc 2355), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2355. Photocopy of the "Journal of the Constitutional Convention of Kentucky," covering proceedings held from 28 July 1788 through 18 April 1792.

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen

All Faculty Scholarship

U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …

Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo

All Faculty Scholarship

In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …

Cooperating Rivals: The Riparian Politics Of The Jordan River Basin, By J. Soslan, Neda A. Zawahri

Political Science Faculty Publications

No abstract provided.

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Rorie, Wendell H. (Sc 2322), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2322. Paper by Wendell H. Rorie titled "The Diary: My Legal Journey with Herman Southall" and presented to the Athenaeum Society in Hopkinsville, Kentucky. The paper describes Rorie's personal and professional relationship with Southall, a Hopkinsville attorney, and includes anecdotes about other local attorneys and legal matters.

Snell, Commodore Perry, 1821-1881 (Sc 2307), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2307. Divorce decree for Commodore Perry Snell and Ellen A. Snell, granted 13 February 1866 in Warren County, Kentucky. The certified copy was made from Warren Circuit Court Record Book 23.

Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …

Interview With Harry Reid By Brien Williams, Harry M. Reid

George J. Mitchell Oral History Project

Biographical Note
Harry Mason Reid was born on December 2, 1939, in Searchlight, Nevada. He attended Utah State University and George Washington University Law School. He is a Democratic U.S. Senator from Nevada, first elected in 1986, and, at the time of this interview, had served as Senate majority leader since 2007. Previously, he represented Nevada’s 1st Congressional District in the U.S. House of Representatives, was a city attorney, a state legislator, Nevada’s lieutenant governor, and chairman of the Nevada Gaming Commission.

Summary
Interview includes discussion of: majority leader; the Budget Committee vote and Bob Kerrey; 1986 Democratic Senatorial Campaign …

Bush, Ann Patricia (Mcreynolds), 1922-2022 (Mss 328), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 328. Proof copy of "Executive Disorder: The Subversion of the United States Supreme Court, 1914-1940," written by Ann (McReynolds) Bush. The book follows the career of U.S. Attorney General (1913-1914) and Associate Supreme Court Justice (1914-1941) James Clark McReynolds, a native of Todd County, Kentucky.

Immigration, Association, And The Family, Matthew J. Lister

All Faculty Scholarship

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …

Against The Conventionalist Turn In Legal Theory: Dickson On Hart On The Rule Of Recognition, Michael S. Green

Popular Media

No abstract provided.

The First Amendment’S Religion Clauses: The Calvinist Document That Interprets Them Both, Leah Farish Esq.

College of Arts and Cultural Studies Faculty Research and Scholarship

This paper suggests that the Westminster Confession of Faith's provisions about church and state, revised in Philadelphia at the start of the Constitution's ratifying convention, furnished much of the syntax and vocabulary for the First Amendment's religion clauses. Recognizing the cultural links between the new American government and the Presbyterian Church, the author argues that it was natural for the founders to look to how the new Westminster Confession situated church and state. The author argues that Fisher Ames's proposed wording for the First Amendment won immediate adoption because it resonated with the Confession, standing as it did in that …

Interview With Bud Selig By Andrea L’Hommedieu, Allan 'Bud' H. Selig

George J. Mitchell Oral History Project

Biographical Note
Allan Huber “Bud” Selig was born on July 30, 1934, in Milwaukee, Wisconsin. His father, Ben, was a businessman and his mother, Marie, taught school; they were both immigrants from Romania and the Ukraine, respectively. His mother instilled in him a love of baseball at a young age. He attended the University of Wisconsin and became president of the Milwaukee Brewers baseball team as a young man. At the time of this interview he was the ninth commissioner of Major League Baseball, having served in that capacity since 1992.

Summary
Interview includes discussion of: family and educational background; …

Interview With Gary Myrick By Brien Williams, Gary B. Myrick

George J. Mitchell Oral History Project

Biographical Note
Gary Blendon Myrick was born on July 20, 1967, in Dover-Foxcroft, Maine, to Carol and Warren Myrick. He attended the University of Maine and worked as a page in the Maine legislature during his final year of undergraduate studies. He worked as an intern in Senator Mitchell’s U.S. Senate office, answering mail and telephones, and in 1990 he was hired as a staff assistant in the personal office, moved to answering phones in Mitchell’s leadership office, and then took a position in the Senate Cloakroom. He earned his law degree from American University. From 1995-2003, he joined the …

Interview With Warren Rudman By Brien Williams, Warren B. Rudman

George J. Mitchell Oral History Project

Biographical Note
Warren B. Rudman was born on May 18, 1930, and served as a Republican in the U.S. Senate from 1980-1993 representing New Hampshire. He worked with George Mitchell on the Iran-Contra and Sharm el-Sheikh committees, but they had known each other earlier through their respective legal careers. He was appointed by President Clinton to the President’s Foreign Intelligence Advisory Board and served from 1993-2001.

Summary
Interview includes discussion of: legal careers; Iran-Contra; position of Senate majority leader; Sharm el-Sheikh Fact-Finding Committee; Gramm-Rudman-Hollings Act to balance the budget; relationships between senators; and changes in the Senate over the years.

Diversity, Democracy And Dialogue In A Human Rights Framework, Carol C. Gould

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University, November 3, 2009

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …