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Articles 1 - 30 of 38
Full-Text Articles in Law
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe
Mahurin Honors College Capstone Experience/Thesis Projects
This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …
The Two Faces Of American Freedom: A Reply, Aziz Rana
The Two Faces Of American Freedom: A Reply, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Irish Law 2011: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
Irish Law 2011: An Insider's Guide To Notre Dame Law School, Notre Dame Law School
About the 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 once you look through that window, you'll be as eager to join us as we are to have …
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
Review Of Sex, Murder, And The Unwritten Law: Courting Judicial Mayhem, Texas Style. By Bill Neal., Paul N. Spellman
Great Plains Research: A Journal of Natural and Social Sciences
"If, as has often been contended, truth is the first casualty of traditional warfare, then logic, it appears, is the first casualty of sexual warfare." And with that thematic statement in hand, author Bill Neal is off to the proverbial races with an often delightful, sometimes troubling, and generally entertaining legal discourse on the so-called "unwritten law": that a cuckolded husband or a woman wronged has the God-given right to avenge or be avenged, even to redress by murder. With a curiously dispassionate, or at least overly serious, foreword by Cal State-Fullerton professor Gordon Morris Bakken, Neal's tales of adultery, …
Fennell Collection, 1869-1957 (Mss 348), Manuscripts & Folklife Archives
Fennell Collection, 1869-1957 (Mss 348), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 348. Account books of Cynthiana Horse Boot Company; materials related to Kentucky Hemp Brake Company of Cynthiana, Kentucky; correspondence of Cynthiana attorneys Chester M. Jewett, J. J. Osborne, William J. Osborne, McCauley C. Swinford, and William Wilson Van Deren.
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Cornell Law Faculty Publications
This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …
Tosh, Ted Rockwell (Sc 2462), Manuscripts & Folklife Archives
Tosh, Ted Rockwell (Sc 2462), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and full text of manuscript (Click on "Additional Files" below) for Manuscripts Small Collection 2462. Compact disc with electronic copy of "Benjamin Helm Bristow," a biography of the Elkton, Kentucky native, state senator and U.S. Solicitor General by Ted Rockwell Tosh. The 494-page biography includes bibliography and index.
Interview With George Mitchell (6) By Andrea L’Hommedieu, George J. Mitchell
Interview With George Mitchell (6) By Andrea L’Hommedieu, George J. Mitchell
George J. Mitchell Oral History Project
Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …
Gordon, Maurice Kirby, 1878-1974 (Mss 306), Manuscripts & Folklife Archives
Gordon, Maurice Kirby, 1878-1974 (Mss 306), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 306. Personal and professional papers of Madisonville, Kentucky attorney Maurice Kirby Gordon. Includes Gordon's legal files, personal and business correspondence, photographs, genealogical research, and collected manuscripts and autographs. Also includes materials relating to Gordon's involvement with the American Legion.
Interview With George Mitchell (5) By Andrea L’Hommedieu, George J. Mitchell
Interview With George Mitchell (5) By Andrea L’Hommedieu, George J. Mitchell
George J. Mitchell Oral History Project
Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter-Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his retirement …
Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor
Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor
Senior Honors Projects
In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.
Historically, those interested in the science of development have typically …
Hendricks, John, D. 1814 (Sc 168), Manuscripts & Folklife Archives
Hendricks, John, D. 1814 (Sc 168), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 168. Certified transcripts (1856), of Warren Circuit Court records for two lawsuits involving title to land: James Bell v. John Hendrick (1815, commenced 1806) and George M. Bibb v. John Hendrick (1816, commenced 1815 against Hendrick's heirs).
Greenup, Christopher, 1750-1818 (Sc 218), Manuscripts & Folklife Archives
Greenup, Christopher, 1750-1818 (Sc 218), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 218. Document signed by Christopher Greenup, clerk of the Mercer County court, 17 December 1788, to the sheriff of Madison County, related to damages awarded Thomas Upshaw against Patrick Joyes. At this time, Mercer and Madison Counties were part of the District of Kentucky of the Commonwealth of Virginia.
Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski
Smoke And Mirrors: A History Of Nagpra And The Evolving U.S. View Of The American Indian, Lindee R. Grabouski
Department of History: Dissertations, Theses, and Student Research
While paintings of Native Americans and Europeans exchanging goods and cultural values adorn the walls of museums around the United States, actual Native/non-Native interaction over the past 500 years has been one of illusion, not cooperation. Until recently, legislation “protecting” Native Americans appeared altruistic on the surface, but, instead, served only as a facade for keeping Native artifacts in the hands of scientists and collectors. Even the Native American Graves Protection and Repatriation Act (NAGPRA), the most recent legislative attempt to reconcile the past mistreatment of Native Americans, is riddled with obstacles and optical illusions.
Certainly, NAGPRA demonstrates the most …
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
Mcdonald, Dan Allyn, 1905-1974 - Collector (Mss 343), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 343. Correspondence, legal papers, financial records and sundry other documents related to Eugene Scott Brown and his father-in-law, Gilbert Marshall Mulligan, attorneys of Scottsville, Allen County, Kentucky. Also includes stray Allen County court records, research notes related to the Civil War, and records about early telephone service in Allen County.
Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell
Interview With George Mitchell (4) By Andrea L’Hommedieu, George J. Mitchell
George J. Mitchell Oral History Project
Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
Akron Law Faculty Publications
In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …
Law, History, And Feminism, Tracy A. Thomas
Law, History, And Feminism, Tracy A. Thomas
Akron Law Faculty Publications
This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …
Perkins, Nicholas, 1779-1848 (Sc 187), Manuscripts & Folklife Archives
Perkins, Nicholas, 1779-1848 (Sc 187), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 187. Photostat of letter written by Nicholas Perkins from Richmond, Virginia, 19 August 1807 to relative Nicholas Tate Perkins, Williamson County, Tennessee, while he was attending Aaron Burr’s treason trial. Perkins was chiefly responsible for Burr’s capture. Also includes biographical information about Perkins.
Lincoln, Thomas, 1778-1851 (Sc 184), Manuscripts & Folklife Archives
Lincoln, Thomas, 1778-1851 (Sc 184), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 184. Photographs of a $500 bond posted by Thomas Lincoln as constable of Cumberland County, Kentucky. In addition to Lincoln, bond signed by Jesse Gee and Moses Kirkpatrick. Scholars disagree as to whether the signer of this bond was President Abraham Lincoln's father or a cousin.
The Prehistory Of Fair Use, Matthew Sag
The Prehistory Of Fair Use, Matthew Sag
Faculty Articles
This article proceeds as follows: Part I begins with a brief summary of the fêted case Folsom v. Marsh and its place in the development of American copyright law. Folsom v. Marsh has been criticized for expanding copyright protection beyond acts of mere mechanical reproduction to include an abstract concept of the work’s value. Of course, this critique is premised on the belief that the scope of copyright prior to Folsom v. Marsh’s intervention was so narrow that it tolerated almost all secondary works. Part II exposes the frailty of this premise.
Specifically, Part II explores the foundation for the …
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh
Ethnic Cleansing As Euphemism, Metaphor, Criminology And Law, Todd Haugh
All Faculty Scholarship
No abstract provided.
Fur Trade 10: Fur Trade Myths, Acknowledgements, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 10: Fur Trade Myths, Acknowledgements, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 10. Fur Trade Myths, Fiction vs. Fact.
Acknowledgements: Funding, Contributors, Image Credits, and Special Thanks.
Fur Trade 09: Fur Trade Society, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 09: Fur Trade Society, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 9. Interdependence, Mutual Influences, and Métis and Country Wives.
Fur Trade 01: Beaver: Mainstay Of The Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 01: Beaver: Mainstay Of The Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 1. Hunting, Hides, and Hats, Environmental Effects, and Why Beaver?
Fur Trade 08: New France And The Place Of The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 08: New France And The Place Of The Fur Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 8. What Was New France?, More than Profits at Stake, and Imperial Rivals.
Fur Trade 03: Trade Goods 1, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 03: Trade Goods 1, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 3. Material Culture of the Fur Trade and Cloth and Clothing.
Fur Trade 04: Trade Goods 2, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fur Trade 04: Trade Goods 2, Rachel B. Juen, Fort St. Joseph Archaeological Project
Fort St. Joseph Archaeological Project
Panel 4. Firearms and Metal Goods.
0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections
0790: Gil Kleinknecht Collection, 1899-1973, Marshall University Special Collections
Guides to Manuscript Collections
This collection includes materials from Gil Kleinknecht’s personal collection of historic West Virginia and Ohio materials related to police work. The collection also includes Huntington Police Department annual reports, relevant laws and codes, manuals,, and artifacts related to the work of policing in Huntington, West Virginia and the surrounding areas.
To view materials from this collection that are digitized and available online, search the Gil Kleinknecht Papers, 1899-1973 here.