Law Commons^™

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

Law Library Blog (June 2016): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Copyright In A Nutshell For Found Footage Filmmakers, Brian L. Frye

Law Faculty Popular Media

Found footage is an existing motion picture that is used as an element of a new motion picture. Found footage filmmaking dates back to the origins of cinema. Filmmakers are practical and frugal, and happy to reuse materials when they can. But found footage filmmaking gradually developed into a rough genre of films that included documentaries, parodies, and collages. And found footage became a familiar element of many other genres, which used found footage to illustrate a historical point or evoke an aesthetic response.

It can be difficult to determine whether found footage is protected by copyright, who owns the …

Law, Responsibility, And The Sciences Of The Brain/Mind, Stephen J. Morse

All Faculty Scholarship

This chapter is a submission to the Oxford Handbook of Law and the Regulation of Technology edited by Roger Brownsword. It considers whether the new sciences of the brain/mind, especially neuroscience and behavioral genetics, are likely to transform the law’s traditional concepts of the person, agency and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. After reviewing the law’s concepts, misguided challenges to them, and the achievements of the new sciences, the chapter confronts the claim that these sciences prove that we are really not agents and that …

Exploits Of A Helicopter Tv Journalist, Jerry Foster

ERAU Prescott Aviation History Program

Jerry Foster was the first TV helicopter pilot/reporter in the country; the first to go live over the scene of a breaking story. High speed police chases; devastating floods and daring rescues now splashed all over cable TV, started in the early 1970s in Phoenix. Hear this fascinating story from a remarkable aviator who won the Harmon Trophy for his flying exploits. What he pioneered would later be copied by medical and law enforcement agencies throughout the country leading to the saving of countless lives.

The Scapegoat, Katherine Ludwig

Geifman Prize in Holocaust Studies

This essay responds to a claim made in the aftermath of an Anti-Semitic attack. It discusses the treatment of Jews in Europe around the time of the Holocaust and what may have motivated this treatment.

Retired U.S. Ambassador David Greenlee Presents Birkett Williams Lecture At Ouachita, Rachel Gaddis, Ouachita News Bureau

Press Releases

Ouachita Baptist University recently hosted retired U.S. Ambassador David Greenlee as a Woodrow Wilson Visiting Fellow. During his stay April 4-6 Greenlee led discussions in both honors and faculty colloquiums, spoke in several classes and presented the Birkett Williams Lecture.

The Woodrow Wilson Visiting Fellows, a program which brings prominent and diverse professionals to college campuses, coordinated Greenlee’s visit. Greenlee served as U.S. ambassador to Bolivia (2003-06) and Paraguay (2000-03) and spent a total of 32 years in foreign service.

[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach

Speaker Remarks

Magna Carta did not emerge de novo in its fully fledged state in the late spring of 1215. The list of baronial demands, made on behalf of the kingdom as a whole, were born out of grievances that, in some cases, dated back more than a century. University of New Hampshire Professor of History David Bachrach discusses several key clauses of the Magna Carta as well as why this document was a touchstone for major political change.

Exhibit On Historical Accord Makes Debut At Law School, David Brooks

Media Coverage

Newspaper article from Concord Monitor newspaper dated April 12, 2016. The article includes a description of the Magna Carta: An Enduring Legacy, 1215-2015 exhibit and symposium, as well as remarks by the University of New Hampshire School of Law Library Director Sue Zago. In addition to details about the exhibit, the article features historic information on the Magna Carta as well as some interesting examples of its present day influence.

Registered Savings Plans And The Making Of Middle Class Canada: Toward A Performative Theory Of Tax Policy, Lisa Philipps

Articles & Book Chapters

Politicians across Canada’s political spectrum strive to position themselves as defenders of the middle class, and tax policy is a prime vehicle for making this pitch. Any tax reform proposal can be examined critically to evaluate its likely distributional impacts and how well these map onto specific definitions of the middle class. This article attempts, however, a different project. Drawing on the ideas of Judith Butler, it analyzes instead how tax policy produces middle-class identity through the very process of claiming to advance middle-class interests. The case study for this purpose is the rise of tax incentives for saving as …

“Magna Carta: Enduring Legacy 1215-2015” Traveling Exhibit To Display At Unh School Of Law From April 11 Through April 22, 2016, Matthew Jenks

Publicity Materials

University of New Hampshire School of Law Library blog post written by Cataloging Librarian Matthew Jenks. This short article describes the content of the exhibit, lists viewing hours, and provides information on the symposium event held April 12, 2016. The exhibit sponsors and organizers of the symposium are listed at the end of the article.

2016 Research Week, Linda Gardiner, David Owerbach

Office of Research Institutional Research and Scholarship

RESEARCH WEEK 2016 TABLE OF CONTENTS

ADMINISTRATION RESEARCH COMMITTEES ACTIVITY SCHEDULE

LETTERS OF ENDORSEMENT

GENERAL SESSION

FACULTY, STAFF, AND STUDENT POSTER PRESENTATIONS

FACULTY AND STUDENT ORAL PRESENTATIONS

The Germans And Their Nazi Past: To What Extent Have They Accepted Responsibility?, Martin Hille

Center for the Study of Ethics in Society Papers

No abstract provided.

Rhetoric Vs Reality: Public Opinion On Immigration In The United States, Elizabeth M. Belair

Student Publications

The United States has a rich and interesting history of immigration. The country itself was created by waves of immigrants who came from across the globe. Although immigration has always existed in the U.S., the number of immigrants coming to the United States has increased during the 21st century, and as a result, a controversial debate surrounding the consequences of immigration has emerged. In this paper I examine how Americans view the debate on immigration, specifically focusing on what affects public opinion on this topic. I find that shifts in public opinion do not reflect changes in immigration patterns but …

An Enduring Legacy: A Symposium On The Magna Carta, University Of New Hampshire School Of Law

Symposium Publicity Materials

Small poster advertising An Enduring Legacy: A Symposium on the Magna Carta held on April 12, 2016 at the University of new Hampshire School of Law Library. This event was organized by several student groups: The American Constitution Society, the Federalist Society, and the Student Bar Association.

“Magna Carta: Enduring Legacy 1215-2015” On Display At Unh School Of Law, University Of New Hampshire School Of Law

Publicity Materials

Page from the University of New Hampshire School of Law web site with details about the hours and location of the exhibit Magna Carta: An Enduring Legacy, 1215-2015.

[Magna Carta Symposium Invitation], University Of New Hampshire School Of Law

Symposium Publicity Materials

Symposium invitation and program of events for An Evening Celebrating the Signing of the Magna Carta held at the University of New Hampshire School of Law on April 12, 2016. The event featured a reception followed by remarks by UNH Professor of History David Bachrach and Professor of Law Marcus Hurn.

Exhibits, Concord Monitor

Media Coverage

Event listing for the exhibit Magna Carta: An Enduring Legacy, 1215-2015 from the print version of the Concord Monitor newspaper.

An Enduring Legacy: A Symposium On The Magna Carta, University Of New Hampshire School Of Law

Symposium Publicity Materials

University of New Hampshire School of Law web page announcement for a symposium held at UNH Law on April 12, 2016 in celebration of the 800^th anniversary of the signing of the Magna Carta. The symposium included a reception followed by featured remarks by UNH Professor of History David Bachrach and Professor of Law Marcus Hurn.

Vivas Nos Queremos: Feminicidio En Bolivia, Taslim Tavarez Garcia

Independent Study Project (ISP) Collection

Bolivia uno de los países en latinoamérica que tiene una gran cantidad de feminicidios o mujeres asesinadas por hombres debido a su género y relación afectiva. Hay muchos problemas sobre las violaciones de derechos humanos que sufren las mujeres en razón de género. Con el enfoque de derechos de las víctimas y sus familiares, esta investigación pretende descubrir si ellas, tienen acceso a justicia en el sistema judicial de Bolivia . Específicamente analizando el efecto de antes y después de la ley 348: La Ley Integral Para Garantizar a Las Mujeres Una Vida Libre de Violencia. A través de una …

Proceso Identitario: La Vinculación Entre La Autoadscripción De Jóvenes Chinos-Argentinos En Buenos Aires, Argentina Y Las Oportunidades Laborales, Experiencias Educativas Y La Conservación Del Idioma Chino, Cassiopeia Lee

Independent Study Project (ISP) Collection

The purpose of this research is to analyze the identity processes of Chinese/Taiwanese-Argentinean young people in Buenos Aires, Argentina and connect their self-identifications with experiences and decisions related to education, careers, and cultural preservation. The narrative of Chinese and Taiwanese immigrant experience in Argentina traditionally focuses on the role of these immigrants in the supermarket sector of the economy, emphasizing conflict between the immigrant community and Argentinean natives and the isolation of the Chinese community perpetuated by the role the children of these immigrants played as translators and workers especially during the years between the 1970s and the 1990s. This …

Protecting The Right To Life Of The Internally Displaced: An Examination Of Encampment And Its Effects On The Communities In Unyama And Koro Sub-Counties In Gulu District, Northern Uganda, Ashley Alessandra

Independent Study Project (ISP) Collection

This study examines the period of encampment in Northern Uganda, as related to the Lord’s Resistance Army conflict, and the effects that encampment has had on communities in Gulu District through present day. The objectives of this study include; to examine the process of displacement, to analyze whether displaced persons were accorded the right to security during the encampment period, to analyze the effects that encampment has had on communities during the return period, through present day, and to examine the ways in which various actors have attempted to address such effects. This analysis is conducted through a human rights …

Song Of The Dzopa: A Case Study Of Traditional Farming, Food, And, Isabella Pezzulo

Independent Study Project (ISP) Collection

In a plane high above the snow-capped jagged peaks and cracked earth of Ladakh, I stared down below with awe, wondering how people ever coaxed life from the soil in this mountain-desert landscape. The intention of this study is to see how traditional subsistence farming actually takes place and the social settings formed by these practices. Living in the village of Tar for a little over twenty days allowed me to observe the age-old practices in which nourishment is produced and community formed through working the land. Working with my hands and resting with cups of butter tea alongside villagers …

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

In God We Trust, Andrew C. Nosti

SURGE

Almost everywhere I turn I can hear someone saying, “America is a Christian nation!” likely yelled or grumbled with impressive, and sometimes concerning, aggression. I can’t go through a week without this phrase popping up, usually closely accompanied by the notion that America’s founding has roots in Christian principles. [excerpt]

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Virgil Hawkins: Educator & Civil Rights Activist, Hardaway Law Firm, Virgil Hawkins Historical Society, Virgil Hawkins Bar Association Of Polk County, Black Filmmakers Of Central Florida, Kathleen High School Video And Tv Production Team, Alpha Phi Alpha Fraternity, Inc. Mu Zeta Lambda Chapter

Oral Histories, Presentations, and Videos

Virgil Darnell Hawkins was an African-American trailblazer. Through and by way of his unrelenting effort to become a Florida lawyer, the Jim Crow laws, that once kept Florida's African Americans from attending the white public universities and colleges, were eventually abolished. This paved the way for the end of discrimination in Florida's schools of higher learning and opened the way for African Americans to attend state universities and colleges.

This program and presentation honor Mr. Virgil Darnell Hawkins.

Myanmar- A New Law For A New Era, Mahdev Mohan

Research Collection Yong Pung How School Of Law

On 5 January, Myanmar’s parliament enacted the Arbitration Law 2016 – Union Parliament Act No. 5 of 2016 – which repeals and replaces the Myanmar Arbitration Act 1944 and represents an important step forward in creating a legal environment that is attractive for investment and commerce.

The Legal Limits Of “Yes Means Yes”, Paul H. Robinson

All Faculty Scholarship

This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …