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Full-Text Articles in Law

God And Caesar In The Twenty-First Century: What Recent Cases Say About Church-State Relations In England And The United States , Judith Fischer, Chloe Wallace Jan 2006

God And Caesar In The Twenty-First Century: What Recent Cases Say About Church-State Relations In England And The United States , Judith Fischer, Chloe Wallace

Judith D. Fischer

This article analyzes current jurisprudence concerning the relationship of church and state in the U.S. and England, with special attention to the U.S. Supreme Court’s recent decisions in the Ten Commandments cases. The co-authors, law professors from the United States and the United Kingdom, present background about the history of religious establishment and church-state jurisprudence in the two countries. They then discuss the effects of each country’s recent cases on the subject. The authors conclude that the two countries are moving closer to each other on the continuum between establishment and disestablishment.


Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto Jan 2006

Subcontracting Sovereignty: The Commodification Of Military Force And The Fragmentation Of State Authority, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article has as its central theme the decentralization of the state’s control over legitimate military force with the consequential diffusion of governmental control that stands to fragment state sovereignty. It argues that the increasing centrality of PMFs to the prosecution of war is creating a changed national security landscape with PMFs increasingly influencing governmental policy both overtly and covertly. PMF heads many of whom are former high ranking military and civilian personnel now advise governments and in some cases sit on government advisory boards. Additionally they also offer governments a conduit for pursuing covert foreign policy aims and circumvention …


Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle Jan 2006

Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle

Eric A. Engle

The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.