Law Commons^™

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo

Markus Gunneflo

The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …

Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Faculty Publications and Presentations

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …

The Fallacy Of Neutrality From Beginning To End: The Battle Between Religious Liberties And Rights Based On Homosexual Conduct, Rena M. Lindevaldsen

Rena M Lindevaldsen

The Bible plainly states that everyone must either "bring every thought into captivity to the obedience of Christ" or continue as "enemies in your mind." Un-Biblical thinking, like un-Bibical actions, leads one on a path away from God. Part II of this Article will briefly introduce a Biblical approach to thinking about contemporary issues and discuss how Christians can unwittingly abandon distinctively Biblical thinking under the guise of neutrality. Part III will present a number of cases that highlight the fallacy of neutrality in the battle between religious liberties and rights based on homosexual conduct. Part IV will contend that …

Same-Sex Relationships And The Full Faith And Credit Clause: Reducing America To The Lowest Common Denominator, Rena M. Lindevaldsen

Rena M Lindevaldsen

This Article examines the legal and policy implications that arise when a state that expressly prohibits recognition or enforcement of any rights arising from a same-sex relationship is confronted with a request to register and enforce a child custody order issued by another state that gives custody or visitation rights to a biological mother’s former same-sex partner. As more states confer marital rights to same-sex couples, this issue will occur with increasing frequency. The first reported case in the nation to address the issue, Miller-Jenkins v. Miller-Jenkins, has garnered attention from the national media, including a cover story in the …

Federalism And Accountability: State Attorneys General, Regulatory Litigation, And The New Federalism, Timothy L. Meyer

Timothy Meyer

No abstract provided.

Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed

US Government Documents related to Indigenous Nations

This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …