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2005

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Full-Text Articles in Law

Logan County, Kentucky - Court Records (Mss 144), Manuscripts & Folklife Archives Nov 2005

Logan County, Kentucky - Court Records (Mss 144), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 144. Full name index and subject listing (252 p.) of miscellaneous Logan County, Kentucky court records. Originals are in the archives of the Logan County Genealogical Society, Inc., Russellville, Kentucky.


2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2005

2005 Scholars And Artists Bibliography, Stephen D. Slane Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Dr, Steve Slane was the guest speaker.


Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy Oct 2005

Correspondence: To Dr. Edna Saffy From James L. “Skip” Rutherford Iii, Chairman Of The William J. Clinton Foundation, Edna Louise Saffy

Saffy Collection - All Textual Materials

A letter to Dr. Saffy offering a gold-plated keepsake for a donation of $35 or more as a remembrance of the first year anniversary of the William J. Clinton Presidential Center, October 24, 2005.


School Desegregation 50 Years After Brown: Misconceptions, Lessons Learned, And Hopes For The Future, Gary Orfield Oct 2005

School Desegregation 50 Years After Brown: Misconceptions, Lessons Learned, And Hopes For The Future, Gary Orfield

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University.


Unlv Magazine, Erin O'Donnell, Gillian Silver, Lori Bachand, Regina Barcolas, Tony Allen, Gian Galassi, Suzan Dibella, Diane Russell, Doug Mcinnis, Cate Weeks, Jennifer Robison, Holly Ivy De Vore Oct 2005

Unlv Magazine, Erin O'Donnell, Gillian Silver, Lori Bachand, Regina Barcolas, Tony Allen, Gian Galassi, Suzan Dibella, Diane Russell, Doug Mcinnis, Cate Weeks, Jennifer Robison, Holly Ivy De Vore

UNLV Magazine

No abstract provided.


Irish Law 2005, Notre Dame Law School Oct 2005

Irish Law 2005, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2008, Welcome as a potential student to Notre Dame 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 …


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School Apr 2005

Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.


Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert Mar 2005

Legal Positivism: The Leading Legal Theory In America, Paul R. Rickert

Faculty Publications and Presentations

The author discusses the transition in from a Natural Law base for American Jurisprudence to legal positivism.


Melville, Slavery, And The Failure Of The Judicial Process, Steven L. Winter Mar 2005

Melville, Slavery, And The Failure Of The Judicial Process, Steven L. Winter

Law Faculty Research Publications

No abstract provided.


Oral History: Rodney Hurst. Interviewed By The University Of Florida, Kristin Dodek, Rodney Lawrence Hurst Feb 2005

Oral History: Rodney Hurst. Interviewed By The University Of Florida, Kristin Dodek, Rodney Lawrence Hurst

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Oral history about Jacksonville's Civil Rights on 2/18/2005. Box 1, Folder 4.


Certificate: Appreciation To Rodney Hurst For 2nd Annual Black History Leader Luncheon Feb 2005

Certificate: Appreciation To Rodney Hurst For 2nd Annual Black History Leader Luncheon

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation from Stanton College Preparatory school on the 2nd annual Black History Leader Luncheon, February 15, 2005


Correspondence: Letter From Planned Parenthood Of Northeast Florida, Inc. Ceo, Carole Ann Steiger Jan 2005

Correspondence: Letter From Planned Parenthood Of Northeast Florida, Inc. Ceo, Carole Ann Steiger

Saffy Collection - All Textual Materials

Thank you letter from the desk of the Chief Executive Officer, Carole Ann Steiger to Dr. Edna L. Saffy. The letter mentions Jacksonville Women’s Network.


Invasion Usa: Setting And National Identity In Cold War Film, Jon Radwan Jan 2005

Invasion Usa: Setting And National Identity In Cold War Film, Jon Radwan

CHDCM Publications

No abstract provided.


A Jewish Law View Of World Law, Michael J. Broyde Jan 2005

A Jewish Law View Of World Law, Michael J. Broyde

Faculty Articles

This paper will explore two basic Jewish law questions which reflect on the technical issues related to Professor Berman's world law proposal. The first question asks how Jewish law views public international law and whether public international law can be incorporated into the corpus of Jewish law. The second question asks how Jewish law generally incorporates domestic (municipal) law into Jewish law and if this classical paradigm of integration assists in formulating a Jewish law view of world law. To the best of my knowledge, the first matter is a question of nearly first impression in the Jewish law literature.


The Social Foundations Of Law, Martha Albertson Fineman Jan 2005

The Social Foundations Of Law, Martha Albertson Fineman

Faculty Articles

There are several important questions to ask both our politicians and ourselves as we seek to refine and further define an otherwise abstract commitment to substantive equality with which to replace our current formal version. As with many concepts of historic magnitude, some of the most significant questions to pose about equality have to do with how we should respond to evolutions in understanding and changes in aspiration for the term: ls a mere commitment to formal equality sufficient for a humane and modem state? How should the state respond to the fact that our society is increasingly one in …


The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry Jan 2005

The Morality Of Human Rights: A Nonreligious Ground?, Michael J. Perry

Faculty Articles

In the midst of the countless, grotesque inhumanities of the twentieth century, however, there is a heartening story, amply recounted elsewhere: the emergence, in international law, of the morality of human rights. The morality of human rights is not new; in one or another version, the morality is very old. But the emergence of morality in international law, in the period since the end of World War II, is a profoundly important development.

The twentieth century, therefore, was not only the dark and bloody time; the second half of the twentieth century was also the time in which a growing …


Rhode Island Superior Court Centennial 1905-2005 Jan 2005

Rhode Island Superior Court Centennial 1905-2005

Library Archive

Booklet outlining the history of the Rhode Island Superior Court.


Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson Jan 2005

Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson

All Faculty Scholarship

We distinguish our form of government and our legal system from others by our commitment to the rule of law. In the criminal law, in particular, this commitment is aggressively enforced through a series of doctrines that taken together demand a prior legislative enactment of a prohibition expressed with precision and clarity, traditionally bannered as the legality principle. But it is argued in this article that the traditional legality principle analysis conflates two distinct issues: one relating to the ex ante need for fair notice, the other to the ex post concern for fair adjudication. There are in fact two …


Human Rights And "Globalization", John J. Cerullo Jan 2005

Human Rights And "Globalization", John J. Cerullo

The University Dialogue

No abstract provided.


Responsibility For Unintended Consequences, Claire Oakes Finkelstein Jan 2005

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

All Faculty Scholarship

The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …


Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer Jan 2005

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.


Boomerangs Of Academic Freedom, Brian Martin Jan 2005

Boomerangs Of Academic Freedom, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Ted Steele case is an important episode in the defense of academic freedom in Australia. In addition, it offers a wealth of evidence on how a dismissal, perceived as an attack on academic freedom and free speech, can boomerang on the administration. Yet the matter is more complex than a simple boomerang: the actions of dissidents and unions can also boomerang. In this paper, I examine academic boomerang dynamics through a close analysis of the Steele case.


Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini Jan 2005

Colonialism Brought Home: On The Colonialization Of The Metropolitan Space, Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

Departing from an appraisal of the topical relevance of what Canadian based geographer Derek Gregory has perceptively called 'the colonial present', this article presents a number of departures for an investigation of the ways in which the codes of a colonial conditions have infiltrated the metropolitan west (Gregory 2004). This article suggests a number of possible starting points for further discussion and focuses on an analysis of the long term process of transfer of colonial forms from colony to core and on an appraisal of migrations and their governance as one privileged site for the production and reproduction of coloniality.


The Allied Occupation Of Japan - An Australian View, Christine De Matos Jan 2005

The Allied Occupation Of Japan - An Australian View, Christine De Matos

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Japanese Occupation is generally remembered as primarily an American affair and as a dichotomous relationship between Japan and the United States. However, it was an Allied Occupation, and, despite the persistence of selective historical memories, there was a distinct and at times contentious Allied presence, contribution, and experience. The Occupation provided a terrain on which the victor nations, believing their social, economic and political values vindicated by victory, competed to reshape the character of Japan's modernity. One Ally that participated in this process, and often acted as a dissenting voice, was Australia. Examining the involvement of additional participants in …


The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer Jan 2005

The Ten Commandments As Secular Historic Artifact Or Sacred Religious Text: Using Modrovich V. Allegheny County To Illustrate How Words Create Reality, Ann N. Sinsheimer

Articles

In his essay, The 'Ideograph: A Link Between Rhetoric and Ideology', Michael Calvin McGee proposes that our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning. Like Chinese characters, words are 'ideographs that 'signify' and 'contain' a unique ideological commitment', that is frequently unquestioned. McGee also suggests that by understanding that a single word can carry ideology and that ideology can be expressed in a single word, we are better able to expose and evaluate ideology …


Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi Jan 2005

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi

Articles

This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …


The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew Jan 2005

The Rule Of Law: China's Skepticism And The Rule Of People, Pat K. Chew

Articles

The West believes that without formal legal rules (the rule of law), how society operates is not transparent. This opaqueness in how things get done discourages trade, including foreign investment, which in turn makes overall economic development more difficult. Instead of predictable legal rules, the fear is that the void will be filled with unpredictable and arbitrary human indiscretions. Furthermore, the West believes that the absence of the rule of law makes the basic protection of human and civil rights problematic.

However, the Western view of the rule of law is not the only model. Alternative cultural assumptions about the …


Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd Jan 2005

Cross Purposes: Remedying The Endorsement Of Symbolic Religious Speech, Jordan C. Budd

Law Faculty Scholarship

Justice O’Connor’s “perception of endorsement” standard governs the analysis of religious displays on public property for purposes of the Establishment Clause. The test rests on the perceptions of an “objective observer,” endowed with essentially perfect factual information, who assesses whether the display of religious imagery reasonably implies official endorsement of its message. Applying this standard, a well-developed jurisprudence unambiguously proscribes the permanent placement of religious symbols on public land. The remediation of these violations, however, is an ad hoc and often superficial exercise. This Article proposes a framework to realign the remedial inquiry with the rigorous assessment of the proscription …


Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow Jan 2005

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

Law Faculty Scholarship

This Essay considers ways in which female attorneys confront sexism and stereotyping in the legal profession and in life, and strongly endorses embracing feminism, and wearing comfortable shoes.