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2008

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Full-Text Articles in Law

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg Dec 2008

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg

George J. Mitchell Oral History Project

Biographical Note
Richard A. “Rich” Arenberg, the son of Bernard and Mary Arenberg, was born on October 16, 1945, in Norwich Connecticut. He was a campus activist during his undergraduate years at Boston University, and worked on some local campaigns, including the campaign of Tom Atkins, the first African American city councilor in Boston. He received a Ph.D. in political science also from Boston University and has a background in survey research. He worked as the issues director for Paul Tsongas’s first congressional campaign in Massachusetts and continued on Tsongas’s congressional and Senate staff until Tsongas retired from the Senate …


Interview With Steve Hart By Brien Williams, W. 'Steve' Stephen Hart Dec 2008

Interview With Steve Hart By Brien Williams, W. 'Steve' Stephen Hart

George J. Mitchell Oral History Project

Biographical Note
Walter Stephen Hart was born January 17, 1955, in Washington, DC, to Peter William Hart and Mary Jane Strauss Hart; his parents were librarians. He attended Arizona State University, where he earned a degree in mass communications. He worked at a radio station in New Hampshire and covered the 1980 presidential primaries. He returned to school at Ball State, graduating with a degree in journalism and a minor in public relations, after which he moved to Maine, where his wife was working. He worked for Maine congressional candidate Phil Merrill in the 1982 primary, and after Merrill lost …


Interview With Lee Lockwood By Brien Williams, Lee E. Lockwood Dec 2008

Interview With Lee Lockwood By Brien Williams, Lee E. Lockwood

George J. Mitchell Oral History Project

Biographical Note
Lee Enfield Lockwood was born February 17, 1946, in Cumberland, Maryland, to Sarah and Sam Enfield. She grew up in Houston, Texas, attending a local public elementary school and a private high school. She was graduated from Duke University in 1968 with a major in political science. She moved to Washington, DC, and was hired onto Senator Muskie’s staff. She worked for Muskie from 1969 to 1978, first sorting and reading the mail and eventually handling speech writing and legislation. She worked for Senator Mitchell when he was majority leader, handling correspondence in his Senate office from 1989-1993. …


Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy Dec 2008

Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy

Antoinette Rouvroy

Loin du phantasme spectaculaire d’une “maléabilité” génétique de l’être humain, et nonobstant les discours grandiloquants qui ont accompagné la très coûteuse exploration du génome humain, la “nouvelle génétique humaine” ne révèle ni ne porte atteinte à l’essence de l’être humain (encore faudrait-il qu’une telle essence puisse jamais être définie), mais révolutionne notre perception des causes des smilitudes et variations au sein de l’espèce humaine. Le néologisme ‘généticisation’ désigne la contamination progressive des discours sociétaux (médicaux, juridiques, politiques, sociologiques,...) par une logique réductionniste et essentialiste faisant des gènes la cause privilégiée sinon exclusive des variations inter-personnelles et inter-communautaires au sein de …


Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy Dec 2008

Writings: Syrian American Women’S Club December 4, 2008, Edna Louise Saffy

Saffy Collection - All Textual Materials

Speeches: Presented to the Syrian American Women’s Club December 4, 2008 by Dr. Edna Saffy.


The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson Dec 2008

The Judicial Behavior Of Justice Souter In Criminal Cases And The Denial Of A Conservative Counterrevolution, Scott P. Johnson

The University of New Hampshire Law Review

[Excerpt] “The following article documents the judicial career of Justice David Souter from his time served as an attorney general and state judge in New Hampshire until his recent tenure on the U.S. Supreme Court. Based upon his written opinions and individual votes, Justice Souter clearly has evolved into a more liberal jurist than ideological conservatives would have preferred in the area of criminal justice. Over the course of his judicial career, Justice Souter has gained respect as an intellectual scholar by attempting to completely understand both sides of a dispute and applying precedent and legal rules in a flexible—albeit …


The Moral Justification For Journalism, Sandra L. Borden Dec 2008

The Moral Justification For Journalism, Sandra L. Borden

Center for the Study of Ethics in Society Papers

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


The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett Dec 2008

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …


Liberdade, Ética E Direito, Paulo Ferreira Da Cunha Nov 2008

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.


Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen Nov 2008

Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen

George J. Mitchell Oral History Project

Biographical Note
Joan (Speed) Pedersen was born on February 11, 1940, in Boston, Massachusetts. Her mother was a legal secretary for an attorney’s office and her father worked in distribution for Firestone Tire. She grew up in West Roxbury, a heavily Irish Catholic part of Boston. She married and moved to Cape Cod, and later to Maine. From 1982-1984, she worked in Senator Mitchell’s field office in Lewiston, Maine, serving constituents. She later worked for Senator William S. Cohen and Representative John E. Baldacci.

Summary
Interview includes discussion of: growing up in Boston in the 1940s and 1950s; work as …


Interview With Christine Williams By Brien Williams, Christine G. Williams Nov 2008

Interview With Christine Williams By Brien Williams, Christine G. Williams

George J. Mitchell Oral History Project

Biographical Note
Christine G. Williams was born January 20, 1952, in Boston, Massachusetts, to Adelaide and Donald Williams, a Methodist minister. She earned a degree in history from Boston University. As a VISTA volunteer she taught on the Rosebud reservation in South Dakota before returning to New England to teach at Brunswick High School in Brunswick, Maine, for the 1975-1976 school year. Subsequently, after teaching in New Hampshire for four years, she was hired by George Mitchell’s U.S. Senate office in 1982 and worked there until 1994, focusing on health care issues in the latter years. She later went to …


Interview With Charlie Jacobs By Andrea L’Hommedieu, Charles 'Charlie' Jacobs Nov 2008

Interview With Charlie Jacobs By Andrea L’Hommedieu, Charles 'Charlie' Jacobs

George J. Mitchell Oral History Project

Biographical Note
Charles “Charlie” Jacobs was born on May 10, 1948, in St. Stephen, New Brunswick. His parents, Isabelle and Stephen Jacobs, were both teachers. He lived mainly in Buxton, Maine, until the age of ten, when his family moved to Bethel. He attended Gould Academy and the University of Maine, Orono, graduating in 1971. At Orono, Jacobs became politically active, joining the student government and supporting Eugene McCarthy’s presidential bid in 1968. After graduation, he worked for Governor Ken Curtis, serving on the Governor’s Council until it was abolished in 1976. He then worked on Senator Muskie’s 1976 Senate …


A Lesson On Homophobia And Teasing, Eva Goldfarb Nov 2008

A Lesson On Homophobia And Teasing, Eva Goldfarb

Department of Public Health Scholarship and Creative Works

Homophobia and gay-related teasing are already present among young children. This lesson introduces the term “prejudice” and places the concept of homophobia within the context of bullying and teasing with which 8–11-year-olds are already familiar. The lesson builds empathy as children think about and discuss how they have felt when they have been teased or called a name and how they think people in gay or lesbian families would feel. The lesson celebrates the lives of gay and lesbian people as it celebrates diversity among all people and families. Children are encouraged to think about the diversity within their own …


Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy Nov 2008

Plus On Est Observé, Moins On Est Sensible Aux Atteintes À La Vie Privée, Antoinette Rouvroy

Antoinette Rouvroy

Voir ce qui se passe dans sa rue, sur une plage aux Maldives ou au Nord-Kivu, au mètre près et en teps réel, ou presque. C'est le pari de e-Corce, un concept d'observation de la terre imaginé par l'agence spatiale française. Super Google Earth ou Big Brother?


Interview With Leon Billings By Brien Williams, Leon G. Billings Nov 2008

Interview With Leon Billings By Brien Williams, Leon G. Billings

George J. Mitchell Oral History Project

Biographical Note
Leon Billings was born in Helena, Montana, on November 19, 1937. His parents, Harry and Gretchen Billings, were progressive journalists. He was graduated from high school in Helena, Montana, in 1955 and then attended Reed College for one year in Portland, Oregon. He completed his undergraduate studies and took graduate courses toward an M.A. at the University of Montana. Billings worked as a reporter and organizer for farm groups in Montana and California. He met his first wife, Pat, in California; they married in Montana and moved to Washington, D.C., on January 4, 1963. While in Washington, Billings …


Interview With Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci Nov 2008

Interview With Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci

George J. Mitchell Oral History Project

Biographical Note
Tom Bertocci was born in Lewiston, Maine, on February 17, 1945. His father was Salvatore Theodore “Ted” Bertocci, the son of Italian immigrants who came to the United States in 1912. Two of Tom’s uncles became professors at Bates College, where they met Ed Muskie. Tom’s father worked at Bath Iron Works, and met Tom’s mother, Margaret True Allen of Auburn, Maine, through his brothers. Tom was graduated from Morse High School and Wesleyan University. He became involved with the Chewonki Foundation during his college years, when he worked there as a camp counselor. He taught history at …


Interview With Jeanne Hollingsworth By Mike Hastings, Jeanne Hollingsworth Nov 2008

Interview With Jeanne Hollingsworth By Mike Hastings, Jeanne Hollingsworth

George J. Mitchell Oral History Project

Biographical Note
Jeanne Hollingsworth was born in McCook, Nebraska, on September 18, 1948, to Barbara (Davis) and John Robert Hollingsworth. She spent her early years in Holbrook, Nebraska, on her father’s cattle ranch with five siblings. The family moved to Kearney, Nebraska, when she was twelve, and from there they moved to Kitchener-Waterloo, Canada, where Jeanne attended high school and her father was in the furniture business. She attended North Georgia Military College for two years and became interested in politics because of the Vietnam War and the peace movement. She traveled for some years between Maine and Georgia, finally …


Yes We Did, Photograph Nov 2008

Yes We Did, Photograph

Textual material from the Rodney Lawrence Hurst, Sr. Papers

MoveOn.org print.


Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2008

Clark Memorandum: Fall 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Now He Belong To The Ages: Memorializing Abraham Lincoln, Jonathan Jeffrey Nov 2008

Now He Belong To The Ages: Memorializing Abraham Lincoln, Jonathan Jeffrey

SCL Faculty and Staff Publications

Reviled by many of his fellow Kentuckians while he was president, Abraham Lincoln became Kentucky’s, and America’s, idol during the 20th century. The Commonwealth is home to a growing list of notable Lincoln memorials. This article examines the history and folklore surrounding a number of these monuments.


Exacerbating Injustice, Stephanos Bibas Nov 2008

Exacerbating Injustice, Stephanos Bibas

All Faculty Scholarship

This brief essay responds to Josh Bowers' argument that criminal procedure should openly allow innocent defendants to plead guilty as a legal fiction. Though most scholars emphasize the few but salient serious felony cases, Bowers is right to refocus attention on misdemeanors and violations, which are far more numerous. And though the phrase wrongful convictions conjures up images of punishing upstanding citizens, Bowers is also right to emphasize that recidivists are far more likely to suffer wrongful suspicion and conviction. Bowers' mistake is to treat the criminal justice system as simply a means of satisfying defendants' preferences and choices. This …


Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif Nov 2008

Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif

Research Collection School of Social Sciences

This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …


Reynolds, Charles H., 1924-1996 (Sc 1778), Manuscripts & Folklife Archives Oct 2008

Reynolds, Charles H., 1924-1996 (Sc 1778), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1778. Tributes to Charles H. Reynolds, justice of the Kentucky Supreme Court, on his death. Includes eulogy by Chief Justice Robert F. Stevens, funeral homily by his son Rev. James Patrick Reynolds, and a resolution adjourning the Kentucky State Senate in his memory. Also includes a subsequent tribute by his son Mike Reynolds at the unveiling of his portrait at the Warren County Justice Center.


Rowan, John, 1773-1843 (Sc 1787), Manuscripts & Folklife Archives Oct 2008

Rowan, John, 1773-1843 (Sc 1787), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1787. Photocopy of will of prominent Kentucky jurist and Congressman John Rowan, written 28 June 1840 in Louisville, Kentucky.


2008 Scholars And Artists Bibliography, Rajshehkar G. Javalgi Dr., Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library Oct 2008

2008 Scholars And Artists Bibliography, Rajshehkar G. Javalgi 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. Rajshekhar Javalgi was the guest speaker.


Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon. Oct 2008

Program: Jacksonville Urban League 35th Anniversary Equal Opportunity Luncheon.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

An Equal Opportunity Luncheon on Wednesday, October 29, 2008 at the Hyatt Regency Jacksonville Riverfront.


Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai Oct 2008

Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai

Robert L Tsai

This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …


Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs Oct 2008

Ua12/2/1 College Heights Herald, Vol. 84, No. 16, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

  • Paul, Corey. Fights & Frenzy
  • Day, Michelle. Gunfire Unconfirmed, Investigation Continues
  • Hale, Marianne. Campus, Community Voice Concerns
  • Timeline of Events
  • Slitz, Alex. A Thousand Words – Charus Changchit
  • Howerton, Christina. Enrollment Increases 2.6 Percent
  • Howerton, Christina. Task Force Explores Ways to Make College Cost Less
  • Gadbois, Chris. Rudeness Isn’t an Issue with Shuttle Drivers
  • Bonneau-Kaya, Chrystal. Objectification of Women is Dehumanizing, Wrong
  • Schwab, Edmond. Learn the Background of the Financial Troubles
  • Bybee, Sarah. Please Slow Down and Watch Out for Pedestrians
  • Cawthorn, Shawna. Poor Football …


Draft For Harmless Use: Gleaning From Fields Of Copyrighted Works - 2008, Wendy J. Gordon Oct 2008

Draft For Harmless Use: Gleaning From Fields Of Copyrighted Works - 2008, Wendy J. Gordon

Scholarship Chronologically

My inquiry is into whether harmless uses of property should give the property owner a right to sue. Under current law, harmless trespasses to land and to copyrights and patents do indeed give rise to liability. Should they? Neither moral philosophy, political science nor economics deals well with the harmless free-rider. The possibility I'm exploring-- just exploring at this stage-- is the following: that where inexhaustible products like information become a primary source of value, our institutions might serve us better if instead of mandating payment for harmless use via legal compulsion, payment for harmless use be left to the …


Interview With Charlie Micoleau By Andrea L’Hommedieu, Charles 'Charlie' J. Micoleau Oct 2008

Interview With Charlie Micoleau By Andrea L’Hommedieu, Charles 'Charlie' J. Micoleau

George J. Mitchell Oral History Project

Biographical Note
Charles J. “Charlie” Micoleau was born on February 2, 1942, in Englewood, New Jersey. He attended Bowdoin College, graduating in 1963. He earned a master’s degree in international relations at Johns Hopkins University in 1965 and received his J.D. from George Washington University in 1977. Micoleau worked in Maine for an anti-poverty program in 1965, and eventually worked his way into the Maine Democratic Party ranks. He was a scheduler for Senator Muskie’s 1970 campaign and was his administrative assistant from 1975 to 1977. From 1984 through 1992, he was a member of the Democratic National Committee. At …