Law Commons^™

Bah, Humbug To The Bleak Story Of Womem Law Faculty: A Response To Professor Neumann, Dan Subotnik

Journal of Legal Education

No abstract provided.

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Journal of Legal Education

No abstract provided.

Comments In Reply, Richard K. Neumann Jr.

Journal of Legal Education

No abstract provided.

"A Lawyer Class": Views On Marriage And "Sexual Orientation" In The Legal Profession, William C. Duncan

Brigham Young University Journal of Public Law

No abstract provided.

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion

William & Mary Bill of Rights Journal

Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …

Morality And God, John Hare

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, January 18,2001 with the title, "Does Morality Need God?"

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

The Principles Of Justice, Richard W. Wright

All Faculty Scholarship

No abstract provided.

Swinford, Mac, 1899-1975 (Sc 1449), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1449. Letter, 21 April 1970, of U.S. District Court Judge Mac Swinford, Lexington, Kentucky, to Crawford Crowe, Bowling Green, Kentucky, fulfilling a request for a copy of his book Kentucky Lawyer. He declines to vouch for the accuracy of the book's historical facts "other than as legend."

Making Our Home In The Works Of God: Lutherans On The Civil Use Of The Law, Marie A. Failinger, Patrick R. Keifert

Faculty Publications

No abstract provided.

Santa Clara Magazine, Volume 43 Number 3, Winter 2001, Santa Clara University

Santa Clara Magazine

4 - UNIVERSITY RESPONDS TO TRAGEDY By SCM Staff. The September terrorist attacks had many repercussions at SCU, including the loss of at least two members of the University family.

12 - BEERS AND DOGS By Adam Breen. English Professor Terry Beers and his wife, Melissa '88, MBA '95, spend many early mornings sledding with their eight huskies.

14 - CALIFORNIA DREAMERS By Susan Vogel. Three current SCU students were dreaming of college long before many people do, thanks to dedicated mentors from the I Have A Dream Foundation .

Pentadbiran Pusaka Hartanah Orang-Orang Islam Di Kelantan, Wan Azimin Wan Adnan

Student Works (2000-2009)

The administration of Muslim inheritance in Kelantan has its own background whereby during the earlier stage, it was administered by the Syariah Court, which referred to the faraid law mixed with the local customs. However, the presence of British who introduced the administration of inl1eritance law has given authority to the Land Office and the Civil Court to handle the succession of estates including the Muslims' land heritage that has gone through a few changes up to today. This study is to identify the administration and procedures used for making the distribution of inheritance Muslims' land heritage in Kelantan.

Pentadbiran Fatwa Di Negeri Selangor : Kajian Terhadap Enakmen Pentadbiran Perundangan Islam Selangor 1989, Mazni Abdul Wahab

Student Works (2000-2009)

The administration of fatwa in Selangor that has started well before Merdeka, has undergone phenomenal change. Specific legal provisions have largely underscored various aspects of the administration of fatwa including the appointment and power of Mufti, the establishment of Syariah Consultative Committee and the organisation of the administration of fatwa. This study in general attempts to clarify how fatwa has been administered - refering to the law and regulations that are applicable in the state of Selangor. This includes the process of gazetting the fatwa and to what extent the gazetted fatwa are binding to the Muslim community in the …

Doktrin Sadd Al-Dhara'i' Dan Pemakaiannya Dalam Pemerintahan Kerajaan Negeri Kelantan Dari Tahun 1990-1998, Mohd Ramizu Abdullah

Student Works (2000-2009)

The objective or this research is to discuss the Sadd al-Dhara'i doctrine; i.e. one of the many approaches adopted by Islamic legislative practitioners in determining rulings for cases which are not specifically expressed in the holy al-Qur'an and al-Hadith. In this paper, the writer also highlighted the different views of the ulama, Islamic scholars and advocates of the Islamic law in respect of the origin that form the basis of the Islamic legislation. The writer also include in this paper the foundation and the principles underlying Sadd al-Dhara'i doctrine is in conformity with the syara', the criteria that need to …

Guarantee Of Basic Human Rights : A Comparative Study Between Islamic Law, International Charters And Algerian Constitution, Yassine Belkamel

Student Works (2000-2009)

This study deals with the issue of a comparative analysis of the guarantee of basic human rights in Islamic law, International Charter and Algerian constitution. This study finds its merit in the significance of the issue of human rights and its relevancy to our status quo. Notwithstanding, the multidimensionality of the topic of human rights, the researcher opts to focus on one of its important dimensions that is the guarantee of human rights. Historically speaking this issue was not extensively studied in depth by our classical scholars and jurists. Therefore, there is a need for in depth studies on this …

Hukum Bunuh Ke Atas Pengedar Dadah : Satu Analisis Berdasarkan Siasah Syar'iyyah, Wan Norhasniah Haji Wan Husin

Student Works (2000-2009)

This research is carried out to analyze the appropriateness of mandatory death penalty by hanging to drug trafficker based on siasah syar'iyyah. Firstly, a critical review was carried out regarding the definition, aim and methodology of siasah syar'iyyah. It is then followed by the survey on the provision of death penalty under category of ta'zir. In order to comprehend the significance of problem related to illicit drugs, statistical results on crimes associated with drug addict and drug trafficker are presented. This also includes the number of drug traffickers that had been hanged. All these information was obtained from National Drug …

Kedudukan Bukan Islam Dalam Perubahan Sosio-Politik Di Malaysia Menurut Teori Fiqh : Analisis Pelaksanaannya, Siti Shamsiah Md Supi

Student Works (2000-2009)

Changes occur in a society. As such any social study has to take into consideration theories of changes. While theories of relations are a part of social change theories and this results in peaceful coexistence or conflicts. These changes also include relationships between races and different religious. The Position of Non-Muslims in the Socio-Political Changes In Malaysia Complies with the Fiqh Theory: Analysis to its Implementations, in the dissertation to explain the issues of non-Muslim's position, status and role in the changes that take place in Malaysia. This study is also clarifies the relationships between Muslims and non-Muslims in Malaysia. …

Masalah Cita-Cita Politik Dalam Melaksanakan Undang-Undang Islam Di Malaysia, Hasan Bahrom

Student Works (2000-2009)

Muslim political parties, 'Parti Islam Se Malaysia· (PAS) and United Malay Natrona! Organization (UMNO) have never reached a consensus over the implementation of Islamic laws Discussing the long fought? issue has never appealed to UMNO and PAS. The conflict between these two parties has become a continual polemic and is difficult to restrain, which can yield both positive and negative implications. PAS and other Islamic movements perceive the government as not having the aspiration to execute Islamic laws. Many factors have driven them to this conclusion. The vague and loose government policy which does not indicate whether it upholds Islamic …

Hak Wanita Dalam Undang-Undang Keluarga Islam Di Brunei, Masnon Ibrahim

Student Works (2000-2009)

In Islamic Law the rights and position of women (specifically, the wives) have been determined in different areas including acts of devotion and the association between husband and wife in matrimonial affairs. This research attempts to discuss the provision and the implementation of Islamic Family Law in Brunei by focusing the research on the rights and position of women in the Act. The study specifically focuses on the provision and implementation of Islamic Family Law in relationship to Islamic Law. This study has performed with discussion on the effect of the contradictions in the implementation of the provision of laws …

Pembubaran Perkahwinan Secara Fasakh : Satu Kajian Kes Di Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur, Nurhidayah Muhammad Hashim

Student Works (2000-2009)

There are various fom1s of dissolution of marriage under the Islamic Family Law. Some of them are ta'liq, khulu, ta'liq and fasakh. Among the four, the only mean a wife can obtain a divorce without the consent of the husband is through the court termination which is called fasakh. At the end of 19th century, reforms in the Islamic Family Law began in Turkey and followed by other countries including Malaysia. Through these reforms, provision and grounds for fasakh had been expanded and developed further. Among the new codes established in our country after the reforms are Selangor Islamic Family …

Why Marriage?, Martha Albertson Fineman

Faculty Articles

Reflection on the prospect of varied, individualized possibilities for the meaning of marriage suggests, that in order to answer the question "why marriage?" we must first consider "what marriage?" or more succinctly, "what is marriage?" Questioning what marriage actually is calls attention to the institution's individualized and malleable nature. By contrast, a focus on "why marriage" highlights the societal function and rationale for the institution. I will discuss each question-the "what" as well as the "why" of marriage.

"Closet Case": Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren L. Hutchinson

Faculty Articles

This Article argues that the Supreme Courts decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly dermes "sexual identity" as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual "equality" upon the silencing of gay, lesbian, bisexual, and transgender individuals.

Regulation Of Religious Proselytism In The United States, Howard O. Hunter, Polly J. Price

Faculty Articles

This article will consider various aspects of the U.S. legal system that affect proselytism. Although the United States has had a longstanding constitutional guarantee of the “free exercise” of religion, there are nonetheless significant constraints upon free exercise directly relating to proselytism. Some legal commentators, including Douglas Laycock, have argued that our decentralized system of government leads to insufficient protection of religious liberty, especially for religious minorities.Most case law on the subject in the United States, as well as most attempts to regulate behavior by ordinance or statute, have developed in response to groups or individuals that are outside the …

Exploring Feminism Globally To Achieve Global Feminism, Anna M. Han

Faculty Publications

Edited Speech delivered on October 6, 2000 at the University of San Diego Journal of Contemporary Legal Issues Conference on Intersectionality and Critical Race Feminism.

In writing this article, I kept thinking of the various stories that I heard during the workshops in Beijing and again I was struck by the commonality of the underlying issues facing women from around the world. While there may be dramatic political, cultural, linguistic and economic differences, I posit that there were more similarities than there were differences.

Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan

Articles & Book Chapters

In this paper, the authors seek to use the insights gained by viewing and thinking critically about a range of Hollywood films to better illuminate the disciplinary blindspots of law. Both law and film are viewed as social institutions, engaged in telling stories about social life. Hollywood films are often critical of law and legal institutions. Law is dismissive of its representation within popular culture. However, the authors argue that law disregards cinematic cynicism about itself at its peril and that there is much to learn by taking cinematic portrayals of law very seriously---not as representations of the truth of …

The Autumn After September 11 (Poem), Frank Pommersheim

Faculty Publications

No abstract provided.

0701: William Lemaster Trial Transcript, 1993, Marshall University Special Collections

Guides to Manuscript Collections

This collection consists of copies of the twelve volume court transcript for the case of the State of Ohio vs. William Lemaster, case no. 92-CR-61 in the court of common pleas. Lemaster was accused and convicted of the kidnapping and murder of Jeff Halley and his son Jeff Halley, Jr. The court transcript includes jury selection, exhibits, and testimony.

Lawful Deeds: The Entitlements Of Marriage In Shakespeare’S All’S Well That Ends Well, A.G. Harmon

Scholarly Articles

No abstract provided.