Legal Studies Commons^™

Mexico: The Case For Creation Of A National Court Of Human Rights, Nauhcatzin T. Bravo-Aguilar

LLM Theses and Essays

The continuing oppression and violation of human rights in Mexico is predicated on the abuse of executive power, suppression of the powers of the Comision Nacional de Derechos Humanos (the National Commission for the Protection of Human Rights), and the usurpation of the authority of the judiciary. This thesis conducts a comparative analysis of the protection of human rights under the Constitution of the United States, the German Basic Law, and the Constitution of Mexico. It analyses the concept of the judicial review of executive and legislative powers and advocates for the establishment of a National Court of Human Rights …

Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii

Scholarly Works

Rhetorical Knowledge in Legal Practice and Critical Legal Theory has just been published by the University of Alabama Press as part of its series, Rhetoric, Culture and Social Critique. My central themes are that rhetorical knowledge - however imperfectly pursued and attained - is a feature of social life; that rhetorical knowledge plays an important role in legal practice; and that legal critique is appropriately grounded by the normative injunction to maximize the generation of and reliance on rhetorical knowledge in the administration of justice by legal actors. If nothing else, I want to make clear that by recovering and …

Contributors: Vol 20 No. 3, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 20 (1997): Pacific Studies Full Issue 3

Vol. 20 No. 3 (1997): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Consumer Debt, Alcohol Use, And Domestic Violence In Guam, Thomas K. Pinhey, Daniel A. Lennon, Nicholas A. Pinhey

Pacific Studies

Using community-level economic and crime data derived from secondary sources, this brief study explores the relationships between consumer debt, alcohol use, and domestic violence in Guam for the years 1982 through 1993. The results of the analysis indicate that higher levels of consumer debt are strongly related to greater alcohol consumption and domestic violence, thus suggesting that “financial strain” may be an important variable for understanding patterns of substance abuse and family violence in Guam. The implications of these results for theory and future research on substance abuse and domestic violence are also discussed.

Vol. 20 No. 3 (1997): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 20, No 3 Edition of the Pacific Studies Journal

Psychosocial Factors Differentiating Marijuana Users From Nonusers In Guam, Thomas K. Pinhey

Pacific Studies

No abstract provided.

Inhalant Abuse In The Pacific Islands: Gasoline Sniffing In Chuuk, Federated States Of Micronesia, Mac Marshall, Rocky Sexton, Lee Insko

Pacific Studies

No abstract provided.

Self-Overcoming In Foucault's Discipline And Punish, Ladelle Mcwhorter

Philosophy Faculty Publications

Prisons are veritable universities of crime. Within them young offenders learn both the values and the techniques of hardened criminals. In addition to these lessons in professional ethics and theory, aspiring criminals also get hands-on experience within prison walls, for prisons are also centers of criminal activity: drug and arms trafficking, rape, gang warfare, and murder. And, like all good universities, prisons help their proteges make the contacts they need to further their budding careers.

Grounds For Political Judgment: The Status Of Personal Experience And The Autonomy And Generality Of Principles Of Restraint, Kent Greenawalt

San Diego Law Review

This Article addresses three perplexing problems about proposed principles of self-restraint for political decision and advocacy within liberal democracies. It considers the nature of convictions that are based on highly personal experiences and asks what their political status should be. It explores the subtle relationship between proposed principles of restraint and overarching religious and other comprehensive views. It argues that a plausible principle of restraint must appeal to people with various religious and other comprehensive views and must be suited to the particular conditions of a given society.

The Place Of Religious Argument In A Free And Democratic Society, Robert Audi

San Diego Law Review

This Article provides an account of the notion of a religious argument, distinguishes several roles of religious arguments in a liberal democracy, and defends a set of principles for their proper use in such a society. The author argues that it is appropriate that citizens apply a kind of separation of church and state in their public use of religious arguments, especially in advocating laws or public policies that restrict liberty. More specifically, the author contends that whatever religious arguments one may have in such cases, one should also be willing to offer, and be to a certain extent motivated …

Religious Morality And Political Choice: Further Thoughts--And Second Thoughts--On Love And Power, Michael J. Perry

San Diego Law Review

This is an Article written by the author of the book Love and Power: The Role of Religion and Morality in American Politics. In this Article, he returns to an inquiry already addressed in Love and Power. He asks the question: should Americans accept an ideal of political choice according to which a citizen ought not make a controversial political choice if the choice cannot be defended without relying on a religious belief that at least some opponents of the choice reject? The author responds with a resounding no, arguing that we should not accept such a political ideal. He …

Constructing An Ideal Of Public Reason, Lawrence B. Solum

San Diego Law Review

In deciding to what ideal citizens should aspire in political debate, some people contend that an ideal of political morality should mirror the freedom of expression. This Article undertakes the construction of an ideal of public reason. It begins with an investigation of the term "public reason." The author considers various possibilities for an ideal or normative standard of public reason. As each option is considered, some possible formulations are discarded and additional specifications are added. He concludes with the ideal that is constructed through this process of elaboration, evaluation, and elimination.

Liberalism, Religion And The Unity Of Epistemology, Larry Alexander

San Diego Law Review

This Article focuses on the relation between liberalism and religion. Professor Alexander argues that liberalism is itself just a sectarian view on the same level as the religious and other views that it purports to be neutral about and to tolerate. The Article shows that liberalism is a rejection of all illiberal religious tenets. It further contends that liberalism cannot make out its case for excluding religious arguments from shaping public policy. It concludes that to the extent liberalism is defined by or rests on the insulation of public policy from religious views, liberalism is undermined by its failure to …

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.

Rascals In Paradise: Urban Gangs In Papua New Guinea, Nand E. Hart Nibbrig

Pacific Studies

No abstract provided.

Trends In Homicide Among African-Americans, Wornie L. Reed

Trotter Review

Homicide is a particularly significant phenomenon for African Americans because it is the leading cause of death for young black men and women. Blacks, who make up some 12% of the population in the country, account for 44% of all murder victims. Thus, reducing homicide deaths among American population groups, particularly among young black males, is a growing public concern. The term homicide refers to any killing of one person by another. In this chapter the phenomenon and the changing trends of homicide among African Americans over the past 30 to 40 years will be examined.

Crime, Drugs, And Race, Wornie L. Reed

Trotter Review

The crime and criminal record statistics of black Americans are frightening; and they keep getting worse. These figures, of course, give us pause. Yet, it must be kept in mind that none of these figures demonstrates that blacks as a race are more prone to crime. Rather, the figures show that the average black person in the United States is more likely than the average white person to be so situated in the social structure that he or she is more likely to be involved in crime, with an even higher likelihood of being arrested, convicted, and imprisoned.

African-Americans And The Administration Of Justice, E. Yvonne Moss, Roy Austin, Nolan Jones, Barry A. Krisberg, Hubert G. Locke, Michael L. Radelet, Susan Welch

Trotter Review

The status of African Americans in relationship to the administration of justice has improved since the 1940s. Significantly, however, researchers continue to find racial discrimination and racial disadvantage operating in various aspects of the criminal justice process in numerous jurisdictions. Such findings are unacceptable in a society that claims to honor equal justice under law.

This article is reprinted from Summary, Volume 1 of the Assessment of the Status of African-Americans series, published in 1990 by the William Monroe Trotter Institute, University of Massachusetts at Boston, and edited by Wornie L. Reed. Materials included in the article were adapted …

Ua12/2/1 Magazine, Wku Student Affairs

WKU Administration Documents

Special magazine edition of the College Heights Herald.

• Poore, Chris. The Jovial Judge – District Court Judge Tom Lewis
• White, Douglas. Dealing with Death
• White, Douglas. Hospice Eases Death Crisis
• Albrecht, Dana. Friends Forever – short story

The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas And Ricoeur, Francis J. Mootz Iii

Scholarly Works

This paper provides a detailed account of Gadamer's philosophical hermeneutics and its relationship to contemporary problems in legal theory. I first demonstrate that Gadamer's approach charts a course between the inflated claims of critical legal studies and the subjectivism of the law and literature movement. I then interrogate the hermeneutical approach from the perspective of Habermas's critical theory. I conclude that Ricoeur's intervention in the Gadamer-Habermas debate helps significantly to draw out the critical elements of Gadamer's work. I conclude by developing new model of legal practice and theory grounded in the textuality of law.

The Moral Dilemma Of Positivism, Anthony D'Amato

Faculty Working Papers

I think there has been an advance in positivist thinking, and that advance consists of the recognition by MacCormick, a positivist, that positivism needs to be justified morally (and not just as an apparent scientific and objective fact about legal systems). But the justification that is required cannot consist in labelling "sovereignty of conscience" as a moral principle, nor in compounding the confusion by claiming that positivism minimally and hence necessarily promotes sovereignty of conscience. We need, from the positivists, a more logical and coherent argument than that. Until one comes along, I continue to believe that positivists inherently have …

Ua68/13/4 Bowling Green, Vol. 6, No. 1, Kelly Thompson Chapter, Public Relations Student Society Of America

Student Organizations

Magazine produced by senior seminar class in public relations with the Kelly Thompson Chapter of the Public Relations Student Society of America and students in the WKU Department of Journalism.

Regular features include:

• Reflections
• Business
• Art
• Community Service
• Reminiscing
• Curiosities
• Entertainment

This issue includes articles:

• Combs, Susan. Unique Shop in Old Barn - Glass Place
• Fowler, Holly. Celebrate Christmas Many Ways
• Reagan, Stan. City Police Nigh Shift - More Than a Joy Ride
• Jones, Paige. Bonding, Brightening Without Pain - Dr. Jerry Blevins

Ua12/2/1 College Heights Herald Magazine, Wku Student Affairs

WKU Administration Documents

Special magazine published by the College Heights Herald. This issue contains articles:

• Halicks, Richard. Life & Death in the County Jail – David Suddarth III
• One Night Stand – Warren County Jail
• Eblen, Tom. Spirits of Defeat
• Stinnett, Roger. Wondrous: Bowling Green Also Has Its 7 Marvels
• Halicks, Richard. Campus Buildings Offer Prehumous Honors
• Likeness, Steve. Western Runaround – WKU Monopoly Game

Alternative Living Situation For Indian Youth, Colleen Lynn Langer Yost, Lloyd Blackstone Pinkham

Dissertations and Theses

This thesis includes a proposed program that is designed to provide alternatives for Indian youth, allow for the creation of a residential treatment facility for the diagnosis, placement, and treatment of Indian juvenile delinquents, establish reporting and operating procedures with various courts, and help reduce the delinquent behavior of the resident youth.

The Balfour Declaration And International Law, Thomas Noreuil

Masters Theses

An American general who formerly headed the United Nations Truce Supervision Organization in Palestine stated recently: "The American mind is being manipulated as far as Palestine is concerned." He was referring to Zionist manipulations. My own experiences with the Zionist Organization of America, which refused to answer any of my requests for varied information, confirm the general's charge. My own acquaintance with the Palestine problem has revealed that the equities involved in the area have been buried under a mass of distortion, misinformation and insidious propaganda which have misrepresented the actual facts and veiled the historical and legal truth to …

Photo Essay: On The Street, John G. Hopper

IUSTITIA

When people speak of crime in the streets, they invariably refer to cold statistics or a report from a governmental agency as a source of information. There is however another source of information on the subject-that of personal experience. It is the unique experience that urban police sometimes refer to as being "on the street". The following is this photographer's impression of spending several winter nights on the streets with an urban police force.

0116: Scrapbooks (Crime), 1874-1892, Marshall University Special Collections

Guides to Manuscript Collections

Scrapbook consisting of newspaper clippings, flyers, broadsides and posters related to crimes in the late 19th century. Scrapbook is believed to have been compiled by the late James W. Kinnarney (1866 (?) - 1963), a former Louisville, KY police officer.

A Comparison Of Incarcerated And Non-Incarcerated Women Based On The M.M.P.I., Rose Marie Carter

Masters Theses

The field for research on women offenders provides an extensive opportunity for scientific investigation. Many writers (Gibbons, 1971; Cunningham, 1964; Sutherland, 1968) have discussed the causes of crime and their resulting social implications. Organized mass presentations of the movement of crime among women is negligible. Today female incarcerates make up approximately 11 per cent (Lerner, 1972) of the total number in state and federal penitentiaries. Previous research (Cunningham, 1964) on female felons found poor self-concept, excessive dependency and pathological emotionality to be a consistent pattern in women criminals. Other research (Apfeldorf, 1971; Guze, 1959) found criminal and non-criminal groups could …