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Full-Text Articles in Law

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 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 …


How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt Sep 2008

How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt

BYU Law Review

No abstract provided.


The Immutability Of Divine Texts, Liaquat Ali Khan Sep 2008

The Immutability Of Divine Texts, Liaquat Ali Khan

BYU Law Review

No abstract provided.


Stephen James On The Battle For Welfare Rights: Politics And Poverty In Modern America By Felicia Kornbluh. Philadelphia: University Of Pennsylvania Press, 2007. 287pp., Stephen James Jun 2008

Stephen James On The Battle For Welfare Rights: Politics And Poverty In Modern America By Felicia Kornbluh. Philadelphia: University Of Pennsylvania Press, 2007. 287pp., Stephen James

Human Rights & Human Welfare

A review of:

The Battle for Welfare Rights: Politics and Poverty in Modern America by Felicia Kornbluh. Philadelphia: University of Pennsylvania Press, 2007. 287pp.


The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell Mar 2008

The Endurance Of Biological Connection: Heteronormativity, Same-Sex Parenting And The Lessons Of Adoption, Annette R. Appell

Brigham Young University Journal of Public Law

No abstract provided.


Discrimination And Inclusivity: Why Apsa Should Not Meet In New Orleans, Martha Ackelsberg, Mary Lyndon Shanley Jan 2008

Discrimination And Inclusivity: Why Apsa Should Not Meet In New Orleans, Martha Ackelsberg, Mary Lyndon Shanley

Human Rights & Human Welfare

The American Political Science Association (APSA) should move the site of its 2012 Annual Meeting from New Orleans for two reasons: first, because the legal recognition and protection of same-sex unions is an issue of human rights and equal citizenship, and second to fulfill its own long-stated commitment not to go to localities with policies that discriminate on the basis of sexual orientation. As a professional organization, it has a responsibility to ensure that every member of the association enjoys the full benefits of membership and an inclusive environment at meetings


Memory And Violence In Israel/Palestine, K. M. Fierke Jan 2008

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.


An Open Letter To The Political Science Community, Daniel R. Pinello Jan 2008

An Open Letter To The Political Science Community, Daniel R. Pinello

Human Rights & Human Welfare

In 2003, the American Political Science Association (APSA) selected New Orleans as the site for its 2012 annual meeting.

In 2004, 78 percent of Louisiana voters (including 54 percent in Orleans Parish) passed the following amendment to their state constitution:

Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and …


Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson Jan 2008

Chaos, Law, And God: The Religious Meanings Of Homosexuality, Jay Michaelson

Michigan Journal of Gender & Law

This Article argues that the religious meaning of homosexuality cannot be explained merely in terms of homophobia, "church and state," or traditional values versus progressive ones. Rather, the regulation of sexuality has a particular religious meaning: sexuality is a primary site in which religious law is engendered, where the lawfulness of religion meets the chaos beyond it. Whether in Biblical times or today, changing the way sexuality is regulated is a threat to the notion of order itself, as construed by Jewish and Christian religion. Arguments about gay rights, same-sex marriage, and related issues are not merely arguments informed by …


Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson Jan 2008

Back To Fundamentals: The Worsening Results Of Ignoring The Social Contract In Baltimore City, John Stinson

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello Jan 2008

A Cross To Bear: The Need To Weigh Context In Determining The Constitutionality Of Religious Symbols On Public Land, Catherine Ansello

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Contemporary Slavery And International Law, Jessica Bell Jan 2008

Contemporary Slavery And International Law, Jessica Bell

Human Rights & Human Welfare

In this essay, the definition of contemporary slavery is derived from Kevin Bales in his book, Disposable People, which states that contemporary slavery is “The complete control of a person, for economic exploitation, by violence, or the threat of violence.” Contemporary slavery includes the slave labor of men, women, and children, forced prostitution, pornography involving both children and adults, the selling of human organs, serfdom, debt bondage, and the use of humans for armed conflict.


Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert Jan 2008

Matthew S. Weinert On Democracy, Minorities, And International Law By Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 Pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Democracy, Minorities, and International Law by Steven Wheatley, Cambridge: Cambridge University Press, 2005. 201 pp.


Gregory J. Moore On The U.N. Secretary General And Moral Authority: Ethics And Religion In International Leadership. Edited By Kent J. Kille. Washington, D.C.: Georgetown University Press. 2007. 370pp., Gregory J. Moore Jan 2008

Gregory J. Moore On The U.N. Secretary General And Moral Authority: Ethics And Religion In International Leadership. Edited By Kent J. Kille. Washington, D.C.: Georgetown University Press. 2007. 370pp., Gregory J. Moore

Human Rights & Human Welfare

A review of:

The U.N. Secretary General and Moral Authority: Ethics and Religion in International Leadership. Edited by Kent J. Kille. Washington, D.C.: Georgetown University Press. 2007. 370pp.


Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman Jan 2008

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.


Germany, Afterwards, Rhoda E. Howard-Hassmann Jan 2008

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.


Choices Matter: Human Rights, Economic Solidarity And The 2012 Apsa Meeting, Michael Goodhart Jan 2008

Choices Matter: Human Rights, Economic Solidarity And The 2012 Apsa Meeting, Michael Goodhart

Human Rights & Human Welfare

I believe that because Louisiana’s constitution violates the human rights of many of our colleagues, the American Political Science Association (APSA) should move its 2012 meeting from New Orleans. If it does not do so, I would urge members to boycott (the same applies to the Southern Political Science Association, which meets annually in New Orleans).


What Happened To Africa?, J. Peter Pham Jan 2008

What Happened To Africa?, J. Peter Pham

Human Rights & Human Welfare

A review of:

The Fate of Africa: From the Hopes of Freedom to the Heart of Despair—A History of Fifty Years of Independence by Martin Meredith. New York: Public Affairs, 2006. 752 pp.


The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan Jan 2008

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

West Virginia Law Review

No abstract provided.