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2009

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Full-Text Articles in Law

Interview With David Emery By Mike Hastings, David F. Emery Dec 2009

Interview With David Emery By Mike Hastings, David F. Emery

George J. Mitchell Oral History Project

Biographical Note
David Farnham Emery was born on September 1, 1948, in Rockland, Maine. His father was a bookkeeper, accountant, and golfer (he also played baseball for the University of Pennsylvania), and his mother was a nurse. Both parents served in the military during World War II, his father as a staff sergeant and his mother as an officer. He grew up in a Republican family and attended Worcester Polytechnic Institute in Worcester, Massachusetts from 1967-1970. He was elected to the Maine legislature immediately after graduation, during the Vietnam War. In 1974, he was elected as a U.S. congressman ...


Interview With Tony Buxton By Andrea L’Hommedieu, Anthony 'Tony' W. Buxton Dec 2009

Interview With Tony Buxton By Andrea L’Hommedieu, Anthony 'Tony' W. Buxton

George J. Mitchell Oral History Project

Biographical Note
Anthony “Tony” Wayne Buxton was born in Augusta, Maine, on December 19, 1946, and grew up in Readfield, Maine. His father, Wayne Wilson Buxton, an artist and writer, and his mother, Margaret (Murray) Buxton, an artist and teacher, both came from Philadelphia, Pennsylvania. Tony attended Bowdoin College, being graduated in 1968, then served in the Army from 1968-1970. He received his law degree from Franklin Pierce Law Center in 1978 and began working for the firm Preti, Flaherty, Beliveau & Pachios in 1980. He co-founded the Energy Law Institute. Tony has served on both the Democratic State Committee and the Democratic Party as treasurer and chair. He was heavily involved in several of George Mitchell's political campaigns in 1974, 1982, and 1988.

Summary
Interview includes discussion of: Buxton’s first impressions of Mitchell; Mitchell's run for chair of the Democratic National Committee; Mitchell’s 1974 Maine gubernatorial campaign and the dynamics ...


Feminism, Law, And Bioethics, Karen H. Rothenberg Dec 2009

Feminism, Law, And Bioethics, Karen H. Rothenberg

Karen H. Rothenberg

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of ...


The Doctrine Of Religious Freedom, W. Cole Durham Jr. Dec 2009

The Doctrine Of Religious Freedom, W. Cole Durham Jr.

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on April 3, 2001.


Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki Dec 2009

Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki

Vol. 2: Service & Integrity

This address was given at the J. Reuben Clark Law Society Conference at Pepperdine University in Malibu, California, on February 16, 2007.


And With All Thy Mind, John W. Welch Dec 2009

And With All Thy Mind, John W. Welch

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on September 30, 2003.


How Do We Practice Our Religion While We Practice?, Thomas B. Griffith Dec 2009

How Do We Practice Our Religion While We Practice?, Thomas B. Griffith

Vol. 2: Service & Integrity

This address was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on November 19, 2003.


Words Of Hate, Words Of Love, Constance K. Lundberg Dec 2009

Words Of Hate, Words Of Love, Constance K. Lundberg

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on March 11, 2003.


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot


Regulatory Theory, Matthew D. Adler Dec 2009

Regulatory Theory, Matthew D. Adler

Faculty Scholarship at Penn Law

This chapter reviews a range of topics connected to the justification of government regulation, including: the definition of “regulation”; welfarism, Kaldor-Hicks efficiency, and the Pareto principles; the fundamental theorems of welfare economics and the “market failure” framework for justifying regulation, which identifies different ways in which the conditions for those theorems may fail to hold true (such as externalities, public goods, monopoly power, and imperfect information); the Coase theorem; and the different forms of regulation.


What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks Dec 2009

What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks

Taunya Lovell Banks

Film . . . has been used effectively to shape public perceptions about the criminal justice system. . . . [and] the documentary form has power to convict or release a defendant, as well as to disclose the positive and negative aspects of the criminal justice system. . . . Three articles on this subject appear in this issue of the UNIVERSITY OF MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS and add to this body of scholarship. . . .Our goal was to foster a series of dialogues among and between a number of individuals: filmmakers....


Interview With Brendan Melley By Brien Williams, Brendan G. Melley Dec 2009

Interview With Brendan Melley By Brien Williams, Brendan G. Melley

George J. Mitchell Oral History Project

Biographical Note
Brendan G. Melley was born on July 3, 1963, in Hartford, Connecticut, to Joseph Melley, Jr. and Rita Murphy Melley. He attended Providence College in Rhode Island and was commissioned to the Infantry in the Army upon graduation, where he served seven years active duty. In 1993, he began working for Booz Allen Hamilton in Washington, DC. He worked for the Defense Intelligence Agency in Washington and then the President’s Foreign Intelligence Advisory Board. In 2000, he worked with Mitchell on the Sharm el-Sheikh International Fact-Finding Committee to support peace and stability in the Middle East. At ...


Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom


Interview With Jason Grumet By Brien Williams, Jason S. Grumet Dec 2009

Interview With Jason Grumet By Brien Williams, Jason S. Grumet

George J. Mitchell Oral History Project

Biographical Note
Jason S. Grumet was born February 25, 1967, in Rochester, New York, to Gerald and Madeleine Grumet. After high school, he spent a year traveling North America through a program with the National Audubon Society Expedition Institute. He received an environmental studies degree from Brown University and then worked for the New York State Department of Environmental Conservation. He attended Harvard Law School and ran an organization that worked for the Northeast State Air Pollution Control officials. At the time of this interview, he was president of the Bipartisan Policy Center.

Summary
Interview includes discussion of: Mitchell and ...


Interview With Jim Mitchell By Andrea L’Hommedieu, James 'Jim' F. Mitchell Dec 2009

Interview With Jim Mitchell By Andrea L’Hommedieu, James 'Jim' F. Mitchell

George J. Mitchell Oral History Project

Biographical Note
James F. “Jim” Mitchell was born on January 4, 1961, in Waterville, Maine, to Robert and Janet Mitchell. Mitchell worked as a teacher and coach in Ellsworth, Maine, and volunteered to work on local legislative races; he also worked on Ken Hayes’s congressional campaign against Olympia Snowe in 1988. He served as the Democratic state chairman during the Clinton administration; in 1994, he resigned as state chairman to run for Congress. Jim Mitchell is a nephew of George Mitchell. At the time of this interview, Jim was a lobbyist in Augusta, Maine, and remained active in politics ...


Interview With Bob Graham By Brien Williams, Daniel 'Bob' Robert Graham Dec 2009

Interview With Bob Graham By Brien Williams, Daniel 'Bob' Robert Graham

George J. Mitchell Oral History Project

Biographical Note
Daniel Robert “Bob” Graham was born November 9, 1936, in Florida. In 1959 he received a degree in political science from the University of Florida, and he earned a law degree from Harvard University in 1962. He was elected to the Florida House of Representatives in 1966 and to the Florida State Senate in 1970. He served as governor of Florida from 1979-1987 and as U.S. senator from 1987-2005. While in the Senate, he served as chair of the Senate Intelligence Committee. In 2004, he ran unsuccessfully in the Democratic presidential primary race. Since 2005, he has ...


Religiosidad, Democracia, Laicismo, Antonio-Carlos Pereira-Menaut Dec 2009

Religiosidad, Democracia, Laicismo, Antonio-Carlos Pereira-Menaut

Antonio-Carlos Pereira-Menaut

In the discussion on religion-democracy-secularism, several Catholic authors make some mistakes. Firstly, they accept a historical «mea culpa» that is not always well founded, and they accept to discuss on State’s terms. They also indulge in «Eurocentrism», and undervalue certain factors in the conflict: the State’s «vocation of Church», Sovereignty, the displacement of politics towards what is personal and the loss of public validity of three important visions: the specific nature of politics, the basic agreement, and the general legal mass of rules and fundamental principles.


Introduction, Christine M. De Matos Dec 2009

Introduction, Christine M. De Matos

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

It was during the seasonal change from summer to autumn that I first landed in Tokyo as a naïve 21 year old, ready to embark on a working holiday adventure. I had no Japanese language skills, no knowledge of Japanese history or culture beyond western clichés and stereotypes, and 1000 yen in my pocket. When I think back to this time I am amazed at the courage (or was it denial and ignorance?) I must have had; I am even more surprised to remember the emotion I experienced, for as soon as I set foot in that great cosmopolitan city ...


Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe Dec 2009

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter ...


“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato Dec 2009

“Consolidating The New Position (1938-1940)”: A Study Of The Tenure Of Robert H. Jackson: March 5, 1938 To January 18, 1940, Nicholas John Stamato

Dissertations - ALL

Robert H. Jackson’s service as Solicitor General has attained mythic status, prompting academics and commentators consistently to rate him as one of the greatest appointees to that office. In part, his stature reflects his extraordinary skill as an attorney. In some measure, Jackson’s legend draws upon the Supreme Court’s growing liberalism, which occurred upon his watch. As Peter Ubertaccio argues in his history of the office, Learned in the Law and Politics, the stature of the Solicitor General suffered during the early 1930s, when the court generally ruled against the government, then improved as the court sided ...


Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo Dec 2009

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard ...


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim of the « Citizen Constitution » to ...


Interview With Martha Pope And David Pozorski By Brien Williams, Martha Pope, David R. Pozorski Nov 2009

Interview With Martha Pope And David Pozorski By Brien Williams, Martha Pope, David R. Pozorski

George J. Mitchell Oral History Project

Biographical Note
Martha Pope was born in Newcastle, Pennsylvania, and grew up in Connecticut. She attended the University of Connecticut, majoring in sociology with minors in psychology and statistics and in art. She earned a master’s degree in art education at Southern Connecticut University. She taught art for five years in elementary and junior high school, and then she moved to Washington, D.C. and started work on Capitol Hill. She worked for Senator John Culver, and when Culver lost his bid for reelection, Senator Mitchell kept her on as Environment and Public Works Committee staff focusing on fish ...


Interview With Brett O’Brien By Diane Dewhirst, Brett O'Brien Nov 2009

Interview With Brett O’Brien By Diane Dewhirst, Brett O'Brien

George J. Mitchell Oral History Project

Biographical Note
Brett O’Brien was born on January 27, 1963, in Inglewood, California, to William and Rosalie O’Brien. He spent most of his youth in San Diego and attended Harvard, graduating in 1985. He worked for the American University in Cairo, Egypt, completed a master’s program at the London School of Economics, and then worked at the Congressional Research Service in foreign affairs and national defense. He worked for Congressman Jim Bates from San Diego, California, as a legislative assistant in foreign affairs. He began working for George Mitchell on the Democratic Policy Committee as a researcher ...


Interview With Bob Rozen (2) By Diane Dewhirst, Robert 'Bob' M. Rozen Nov 2009

Interview With Bob Rozen (2) By Diane Dewhirst, Robert 'Bob' M. Rozen

George J. Mitchell Oral History Project

Biographical Note
Robert Martin “Bob” Rozen was born on December 11, 1955, in Richmond, Kentucky, to Morris and Rosalyn (Eilenberg) Rozen. He majored in Soviet studies at Miami University (Ohio), graduating in 1977; he earned his law degree at George Washington University. He interned for Senator Wendell Ford as a legislative assistant for the Senate Finance Committee and then continued to work for him after law school. He also earned a master’s in tax law from Georgetown University. He worked on Senator Mitchell’s staff addressing tax, trade, and financial service issues.

Summary
Interview includes discussion: capital gains; Mitchell ...


Interview With Kermit Lipez By Mike Hastings, Kermit V. Lipez Nov 2009

Interview With Kermit Lipez By Mike Hastings, Kermit V. Lipez

George J. Mitchell Oral History Project

Biographical Note
Kermit Victor Lipez was born August 18, 1941, in Philadelphia, Pennsylvania, to Abraham Hyman Lipez and Beatrice (Mayerson) Lipez. He was graduated from Haverford College in 1963 and took his law degree from Yale Law School in 1967. In 1990, he obtained a master of laws degree from the University of Virginia School of Law. He began his legal career in the Civil Rights Division of the U.S. Dept. of Justice (1967-1968) before serving as special assistant and legal counsel to Maine Governor Ken Curtis (1968-1971). From 1971 to 1972, he served as a legislative aide to ...


Interview With Brian Kilroy By Andrea L’Hommedieu, Brian J. Kilroy Nov 2009

Interview With Brian Kilroy By Andrea L’Hommedieu, Brian J. Kilroy

George J. Mitchell Oral History Project

Biographical Note
Brian Joseph Kilroy was born on November 22, 1955, to Robert and Constance Ann (Greaney) Kilroy in Lewiston, Maine, and grew up in Delaware. He received his undergraduate degree from the University of Delaware and a master’s degree from the University of Maine. His father’s parents were Francis and Jane Kilroy, both from Portland. Francis Kilroy and George Mitchell, Sr. were brothers. Brian’s grandmother, Jane, served as a Democrat in the Maine legislature and on the Democratic National Committee.

Summary
Interview includes discussion of: Kilroy family background; George Mitchell’s father; Jane Kilroy’s career ...


Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks Nov 2009

Troubled Waters: Mid-Twentieth Century American Society On "Trial" In The Films Of John Waters, Taunya Lovell Banks

Taunya Lovell Banks

In this Article Professor Banks argues that what makes many of filmmaker John Waters early films so subversive is his use of the “white-trash” body—people marginalized by and excluded from conventional white America—as countercultural heroes. He uses the white trash body as a surrogate for talk about race and sexuality in the early 1960s. I argue that in many ways Waters’ critiques of mid-twentieth century American society reflect the societal changes that occurred in the last forty years of that century. These societal changes resulted from the civil rights, gay pride, student, anti-war and women’s movements, all ...