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Full-Text Articles in Law

Fountain Run Missionary Baptist Church - Fountain Run, Kentucky (Sc 1456), Manuscripts & Folklife Archives Jan 2008

Fountain Run Missionary Baptist Church - Fountain Run, Kentucky (Sc 1456), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1456. Monroe County Circuit Court case involving members of the Fountain Run Missionary Baptist Church. The injunction enjoined certain members (or ex-members) from threatening, etc., those in the majority.


Memory And Violence In Israel/Palestine, K. M. Fierke Jan 2008

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.


The Maine Women's Advocate (2008 - Summer), Maine Women's Lobby Staff Jan 2008

The Maine Women's Advocate (2008 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


More Crabs, But Still No Barrel, John Henry Schlegel Jan 2008

More Crabs, But Still No Barrel, John Henry Schlegel

Other Scholarship

No abstract provided.


Prophets, Priests, And Kings: John Milton And The Reformation Of Rights And Liberties In England, John Witte Jr. Jan 2008

Prophets, Priests, And Kings: John Milton And The Reformation Of Rights And Liberties In England, John Witte Jr.

Faculty Articles

In this Article, I focus on the development of rights talk in the pre-Enlightenment Protestant tradition. More particularly, I show how early modem Calvinists-those Protestants inspired by the teachings of Genevan reformer John Calvin (1509-1564)-developed a theory of fundamental rights as part and product of a broader constitutional theory of resistance and military revolt against tyranny. With unlimited space, I would document how various Calvinist groups from 1550 to 1700 helped to define and defend each and every one of the rights that would later appear in the American Bill of Rights and how these Calvinists condoned armed revolution to …


'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble Jan 2008

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 5: Project History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 5.

Investigations at the long lost fort were begun in 1998 by WMU archaeologists.


Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 8: Religious Life At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 8.

Written documents indicate that the Jesuit priests settled among neighboring Native American groups and were successful at creating some converts at the St. Joseph mission.


Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz Jan 2008

Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz

Gregory Lewkowicz

This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.


Some Reflections On The Transplantation Of British Company Law In Post Ottoman Palestine, Ron Harris, Michael Crystal Jan 2008

Some Reflections On The Transplantation Of British Company Law In Post Ottoman Palestine, Ron Harris, Michael Crystal

Ron Harris

Company law is considered as a prime field for legal transplantation. Conventional wisdom is that company legislation in Palestine during the majority of the British Mandate was based on the simple importation of the English Companies Act 1929. Reliance is placed on the facts that the Palestine Companies Ordinance was enacted in the same year as the English Companies Act 1929, that the British Empire gave priority to commercial law transplantation and that the Palestine Companies Ordinance was the first in several commercial Ordinances that were considered as the climax of the legislative anglicization of Ottoman law in Mandatory Palestine. …


Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker Jan 2008

Racial Formation In Quebec: A Legal Retospective, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

This Article shall use the experience of the Quebecois in Canada to survey the linkage between cultural formation and race in Quebecois racial identity, and then map out these linkages and their relations to the political and legal discourse that has emerged in Canada on the place of the Quebecois in the country. Cultural formation and racial formation are unmistakably linked. Specific social and linguistic separatism can over time crystallize into racial formation, especially if aided by official government recognition and legal codification. As this Article shall demonstrate, the verification of this idea can be clearly seen the experience of …


The Doubtful Impact Of An Optional Federal Charter On The Reinsurance Collateral Debate, Gregory S. Arnold Jan 2008

The Doubtful Impact Of An Optional Federal Charter On The Reinsurance Collateral Debate, Gregory S. Arnold

Gregory S Arnold

Article published in the Tort Trial & Insurance Practice Law Journal, Summer/Fall 2008 (Vol 43:4/44:1). Standards and practices in the field of reinsurance regulation and supervision vary widely among jurisdictions, with prudential approaches varying from direct supervision of reinsurers, to supervision through cedants, to little or no supervision at all. The supervision of reinsurance is experiencing a convergence in significant jurisdictions, including the European Union and the United States. Important topics include the anticipated single passport to Europe and, in the United States, the reinsurance collateral debate and the potential move toward an optional federal charter. Who is behind these …


Dhimmitude And Disarmament, David B. Kopel Jan 2008

Dhimmitude And Disarmament, David B. Kopel

David B Kopel

Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …


The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel Jan 2008

The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel

David B Kopel

The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.


Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel Jan 2008

Poisoned Milk And The Poisoning Of Democracy: Some Cautions About China Trade And Taiwan Sovereignty, David B. Kopel

David B Kopel

This Paper examines some of the benefits and dangers of Taiwan's deepening economic ties to China.

In brief, the expansion of cross-Strait economic relations has benefited Taiwan economically, but may pose serious dangers to Taiwan's democratic sovereignty. China's rising Comprehensive National Power - which aims to suppress Taiwan's sovereignty and self-government - has been significantly enhanced by investment from Taiwan itself. China's trade policies are directed for political purposes, particularly for drawing the people of Taiwan into a subordinate relationship with the Chinese dictatorship.

China's strategy has already succeeded in imposing self-censorship on many Taiwanese voices, including many businesses and …


Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle Jan 2008

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric A. Engle

Eric A. Engle

Sovereign state power, absolute and unlimited, was to guarantee the lives and property of citizens. Instead, States became vectors for mass violence. The realist/atomist model of sovereignty failed to preserve peace and instead led to global wars of mass destruction. The same technological progress which makes human extinction possible also makes global governance possible through nearly instant global communication and travel. The possibility for global governance confronts the reality of an archaic and inapt juridical concept. Sovereignty must be reconceptualized and understood as a relative and partial power shared at multiple levels in an intensively networked world rather than in …


Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 1: What Is Archaeology?, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1.

What is Archaeology and Historical Archaeology?


Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 4: Commercial Activities At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 4.

Fort St. Joseph was an important link in the chain of frontier outposts that marked the far reaches of New France and facilitated the fur trade between the French and Native Americans in the Western Great Lakes region.


Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 6: Military Presence At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6.

From 1691 to 1698 and from 1717 to 1761, French military personnel occupied Fort St. Joseph to defend the site's strategic position on a major trade route near the portage between the St. Joseph and Kankakee rivers, while maintaining alliances with friendly Native American groups to facilitate the trade in furs.


Germany, Afterwards, Rhoda E. Howard-Hassmann Jan 2008

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.


Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 2: Fort History, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 2.

The French established Fort St. Joseph in 1691 in present day Niles.


Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 3: Change And Continuity At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 3.

At Fort St. Joseph, evidence points to many instances of cross-cultural exchange between the French fort inhabitants and neighboring Native American groups such as the Potawatomi, Miami and Sauk.


Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project Jan 2008

Archaeology, History And Activities At Fort St. Joseph 7: Public Archaeology At Fort St. Joseph, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 7.

The Fort St. Joseph Archaeological Project practices community service learning.

One of the main goals of the Fort St. Joseph Archaeological Project is to incorporate the local community in all aspects of the archaeological enterprise in the investigation.


El Atlántico Y La Reinvención De Lo Humano En Las Silvas Americanas (1823-1826) De Andrés Bello, Alvaro Kaempfer Jan 2008

El Atlántico Y La Reinvención De Lo Humano En Las Silvas Americanas (1823-1826) De Andrés Bello, Alvaro Kaempfer

Latin American, Caribbean, and Latino Studies Faculty Publications

Este artículo analiza la construcción de la América postcolonial después del proceso de independencia. A partir de la lectura de las Silvas de Andrés Bello, se analiza interconectadamente la historia y la poesía para guiar la atención hacia el nuevo Occidente en las Américas. Andrés Bello, y sus Silvas Americanas, ofrece elementos para entender la construcción histórica y política de una América occidental, independiente y poscolonial.

This article focuses on the construction of postcolonial Latin America after the independence process. Then, Andrés Bello's Silvas Americanas go back to the founding grain of the West to show a decisive connection between …


The Structure Of Classical Public Law, Barry Cushman Jan 2008

The Structure Of Classical Public Law, Barry Cushman

Journal Articles

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.


Constitution Day, 2008, Robert Berry Jan 2008

Constitution Day, 2008, Robert Berry

Librarian Publications

Robert Berry, the research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the United States Constitution and the freedom of speech and expression. The essay was written for the occasion of Constitution Day 2008 at Sacred Heart University.


River Rats, Megan M. Carpenter Jan 2008

River Rats, Megan M. Carpenter

Law Faculty Scholarship

[Excerpt] "At their essence, river rats are aquatic rodents. They live in, on, and near the water and depend upon it for their livelihood. My family is, and have always been, river rats.

My mother's family grew up on the west bank of the Tygart River in north central West Virginia. My great grandparents used this land as a summer camp: a place to ride horses named Honey and Chief; a place to host parties; a place to plant flower bulbs from Holland. My grandfather spent most of his childhood working the land for his parents. While his older brother …


At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler Jan 2008

At The Magistrate's Discretion: Sexual Crime And New England Law, 1636-1718, Abby Chandler

Electronic Theses and Dissertations

This dissertation is a comparative study of sexual crime trials in four New England jurisdictions: Essex County, Massachusetts, Plymouth Colony, The Province of Maine, and Rhode Island Colony. It argued that sexual crime trials could be used as a tool for studying the diverse and changing legal cultures of different regions within New England. Whether morality or child support was under discussion, sexual intercourse outside of marriage threatened to disrupt the social and economic bounds of early modern society. Nevertheless, methods for addressing the issue varied widely in New England, depending on the jurisdiction in question. As a result, examining …


The Christian At War, Marc A. Clauson Jan 2008

The Christian At War, Marc A. Clauson

Marc A. Clauson, J.D., Ph.D.

No abstract provided.


The French Intrigue Of James Cole Mountflorence, Jud Campbell Jan 2008

The French Intrigue Of James Cole Mountflorence, Jud Campbell

Law Faculty Publications

In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …