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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 ...


“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus Dec 2009

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre ...


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 ...


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.


The Role Of The United States Congress In American Foreign Policy Toward South Africa: A Case Study Of South African Transition From Aprtheid To Democracy And Congressional Participation (1980-1995), Ogugua E. Nwobu Dec 2009

The Role Of The United States Congress In American Foreign Policy Toward South Africa: A Case Study Of South African Transition From Aprtheid To Democracy And Congressional Participation (1980-1995), Ogugua E. Nwobu

ETD Collection for AUC Robert W. Woodruff Library

The United States Constitution divides the authority over U S. foreign affairs between the President and Congress. Both institutions, the executive and legislative, share in the making of foreign policy and each plays important roles that are different but often overlap. The United States Congress (House of Representatives and Senate), regarded as the tribune of the people, has often been a sounding board for popular discontent and malaise over some controversial foreign policies such as the Vietnam War, Iran Contra and South Africa. Since the 1960s the U. S. Congress has often dra strength from its discontent with the executive ...


The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar Dec 2009

The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar

William & Mary Law Review

This Article explores an underappreciated legacy of the Supreme Court’s (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court’s opinion—which declares that the “spirit” of a statute should trump its “letter”—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion’s lengthy second half. In that second half, the Court tells ...


Suboptimal Executive Privilege, Stephen C. N. Lilley Dec 2009

Suboptimal Executive Privilege, Stephen C. N. Lilley

BYU Law Review

No abstract provided.


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 ...


Rfk And The Jfk Assassination: Bobby Never Bought The Lone-Gunman Theory, Donald E. Wilkes Jr. Nov 2009

Rfk And The Jfk Assassination: Bobby Never Bought The Lone-Gunman Theory, Donald E. Wilkes Jr.

Popular Media

One of the myths propagated by defenders of the Warren Commission and the Warren Commission Report is the canard that President John F. Kennedy's brother Robert accepted the commission's conclusion, embodied in its Report, that JFK's assassination was committed by a lone gunman, Lee Harvey Oswald, and that there was no conspiracy behind the president's murder.


Interview With Ed King By Brien Williams, Edward 'Ed' L. King Nov 2009

Interview With Ed King By Brien Williams, Edward 'Ed' L. King

George J. Mitchell Oral History Project

Biographical Note
Edward L. “Ed” King was born November 7, 1928, in Fort Worth, Texas, to Edgar L. and Zula Mae (Birch) King. He served in the Army during World War II and the Korean War and was a career officer from 1945 to 1969. He became executive director of the Coalition for National Defense and Military Policy and testified often before the U.S. House and Senate. He was hired by Senator Mike Mansfield, and in 1975 he became Maine Senator Bill Hathaway’s administrative assistant. He also worked for Senators Tsongas, Byrd, and Mitchell, focusing most specifically on ...


Treaty Compliance And Violation, Beth A. Simmons Nov 2009

Treaty Compliance And Violation, Beth A. Simmons

Faculty Scholarship at Penn Law

International law has enjoyed a recent renaissance as an important subfield of study within international relations. Two trends are evident in the recent literature. First, the obsession with theoretical labels is on the decline. Second, empirical, especially quantitative, work is burgeoning. This article reviews the literature in four issues areas — security, war, and peace; international trade; protection of the environment; and human rights — and concludes we have a much stronger basis for assessing claims about compliance and violation now than was the case only a few years ago. Still, the literature suffers from a few weaknesses, including problems of selection ...


Interview With Alan Simpson By Brien Williams, Alan K. Simpson Nov 2009

Interview With Alan Simpson By Brien Williams, Alan K. Simpson

George J. Mitchell Oral History Project

Biographical Note
Alan K. Simpson was born September 2, 1931. He attended Cody, Wyoming, public schools and the University of Wyoming, taking a B.S. degree in 1954 and a law degree in 1958. In 1954, he married Susan Ann Schroll, who was a fellow student at the University of Wyoming. He practiced law in Cody, held positions as assistant attorney general and city attorney, and was a United States Commissioner from 1959-1969. He was elected to the Wyoming House of Representatives from 1964-1977. Subsequently, he served in the U.S. Senate as a Republican representing Wyoming from 1979-1997, first ...


Interview With Deb Cotter By Brien Williams, Deborah 'Deb' Cotter Nov 2009

Interview With Deb Cotter By Brien Williams, Deborah 'Deb' Cotter

George J. Mitchell Oral History Project

Biographical Note
Deborah “Deb” Cotter was born on November 7, 1967, in New York City. She grew up in Waterville, Maine, where her father was president of Colby College and her mother worked in the Career Development Office. She attended Wells College and received a degree in Russian studies. After graduating, Cotter worked in George Mitchell’s personal office in Washington, D.C., for four years as receptionist, legislative correspondent, and legislative aide on agricultural, fisheries, and environmental issues. After Mitchell retired, she moved to the Senate Historical Office as a research assistant and earned her master’s degree in ...


Interview With Angus King By Andrea L’Hommedieu, Angus S. King Nov 2009

Interview With Angus King By Andrea L’Hommedieu, Angus S. King

George J. Mitchell Oral History Project

Biographical Note
Angus Stanley King, Jr. was born March 31, 1944, in Virginia. His father, Stanley King, was a lawyer in Alexandria and worked as U.S. commissioner and federal magistrate. Angus was active in the civil rights movement, especially in regard to schooling. He was graduated from Dartmouth in 1966 and received his law degree from the University of Virginia in 1969. He worked as a legislative assistant to Senator William D. Hathaway on education, labor, and transportation policy before entering private law practice in Brunswick, Maine, from 1975 to 1983. He hosted the public broadcasting television program Maine ...


Election Law, Christopher R. Nolen Nov 2009

Election Law, Christopher R. Nolen

University of Richmond Law Review

No abstract provided.


The Citizens Were Heard, Donna M. Hughes Dr. Oct 2009

The Citizens Were Heard, Donna M. Hughes Dr.

Donna M. Hughes

Congratulations to the citizens of Rhode Island and national anti-trafficking advocates for the legislative victory in Rhode Island. This past week, the Rhode Island Assembly passed an unprecedented pieces of legislation that will protect victims from sex industry predators and give law enforcement the tools they need to arrest pimps, traffickers, and “johns.” 


Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz Oct 2009

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

In stunning culmination of a David-Goliath struggle that, at least until lately, few believed the David side had the slightest chance of winning, the Rhode Island legislature enacted three major anti-trafficking bills last night that the Governor will soon sign into law. 


Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony On Prostitution Bill, Senate Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a bill that will give Rhode Island the prostitution law it needs to combat the growing sex industry and sex trafficking. 

Many letters and reports have been written describing the problems that decriminalized prostitution has created for Rhode Island. We know that women from foreign countries are here in the spa-brothels. We know that U.S teens are trafficked here from other states. We know there is much evidence of sex trafficking in the Asian spa-brothels and strip clubs. 


When And How (If At All) Does Law Constrain Official Actions?, Frederick F. Schauer Oct 2009

When And How (If At All) Does Law Constrain Official Actions?, Frederick F. Schauer

Sibley Lecture Series

University of Virginia Harrison Distinguished Professor of Law Frederick Schauer delivered the University of Georgia School of Law's 105th Sibley Lecture. Schauer's lecture titled "When and How (If at All) Does Law Constrain Official Action?" took place Wednesday, Oct. 28, at 4:30 p.m. in the Hatton Lovejoy Courtroom. According to Schauer, although Americans claim to live in a country whose decisions are highly influenced by law and courts, the reality may be quite different. "Across the political spectrum officials and public figures are politically and reputationally rewarded for doing the right thing even if it violates ...


Interview With David Durenberger By Brien Williams, David F. Durenberger Oct 2009

Interview With David Durenberger By Brien Williams, David F. Durenberger

George J. Mitchell Oral History Project

Biographical Note
David F. Durenberger was born August 19, 1934, in St. Cloud, Minnesota. He attended St. John’s University and the University of Minnesota Law School, graduating in 1959. Beginning in 1966, he was chief of staff to Minnesota Governor Harold LeVander. In 1978, he won a special election to finish the unexpired term of Senator Hubert Humphrey, was reelected twice, and held the seat until 1995. He served as chairman on the Select Committee on Intelligence, was vice chair of the Pepper Commission, and had a special interest in issues involving health care. At the time of this ...


Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr. Oct 2009

Testimony For Trafficking Bill, Rhode Island House Judiciary Committee, Oct 2009, Donna M. Hughes Dr.

Donna M. Hughes

I am here to support a trafficking bill that will do two things: 
1) Criminalize forced labor as a form of human trafficking. 
2) Make it easier to prosecute sex trafficking of minors by removing the requirement to prove force, fraud, or coercion. 


Interview With Carole Cory By Brien Williams, Carole S. Cory Oct 2009

Interview With Carole Cory By Brien Williams, Carole S. Cory

George J. Mitchell Oral History Project

Biographical Note
Carole Cory was born September 14, 1970, in Nashua, New Hampshire, to Mitchell staffer Gayle (Fitzgerald) Cory and Donald Bruce Cory. Buzz Fitzgerald was her uncle and Gayle Cory’s brother. She worked for Senator Paul Wellstone between 1997-2002. At the time of this interview, she was systems administrator for U.S. Senator Patty Murray.

Summary
Interview includes discussion of: family background and connection to Maine; extensive discussion of her mother’s (Gayle Cory’s) family, childhood and positions with Senators Muskie and Mitchell in the U.S. Senate and her time as postmaster of the Senate Post ...