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Table Of Contents, 2019 Penn State Law

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication, 2019 Penn State Law

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Masthead 2018-2019, 2019 Penn State Law

Jlia Masthead 2018-2019

Penn State Journal of Law & International Affairs

No abstract provided.


1912 - The Missions And Missionaries Of California, Vol. Ii, Upper California, Part I, General History, Zephyrin Engelhardt, 2019 California State University, Monterey Bay

1912 - The Missions And Missionaries Of California, Vol. Ii, Upper California, Part I, General History, Zephyrin Engelhardt

Franciscan Publications

Volume II was a general accounting of the missions and missionaries in Upper California. Section I addressed the establishment and administration of the missions by Fr. Junípero Serra. Section II covered the administration of Fr. Fermín Francisco de Lasuén and Fr. Estevan Tapis. The author posited that the real object of the conquest and occupation of Alta California was not the establishment of the Catholic faith in California but rather to fund expeditions and secure the land from the Russians and others who were making expeditions in the region. Engelhardt's evidence was the fact that the Spanish government seized ...


1913 - The Missions And Missionaries Of California, Vol. Iii, Upper California, Part Ii, General History, Zephyrin Engelhardt, 2019 California State University, Monterey Bay

1913 - The Missions And Missionaries Of California, Vol. Iii, Upper California, Part Ii, General History, Zephyrin Engelhardt

Franciscan Publications

Volume III, Section I of Engelhardt's series on California missions covers largely the period of 1812 through 1830 addressing the challenges and difficulties facing the missionaries including the scarcity of resources and labor. He described the invasion of Monterey and other ports in Upper California by Hipólte Bouchard in 1818. Section II covers the period of 1830 through 1836 and the secularization of the missions by the Mexican government during which time the missionaries held their posts until either death or the government relieved them of the responsibility of protecting the neophytes against "white rapacity" and the destruction of ...


1915 - The Missions And Missionaries Of California, Vol. Iv, Upper California, Part Iii, General History, Zephyrin Engelhardt, 2019 California State University, Monterey Bay

1915 - The Missions And Missionaries Of California, Vol. Iv, Upper California, Part Iii, General History, Zephyrin Engelhardt

Franciscan Publications

The fourth and final volume in Engelhardt's series on the general history of the California missions and generally concludes with the narrative in the early 1850s time period. The author noted that, "... a cursory view of the situation revealed such un common struggles in behalf of the Indians against military usurpation and colonist cupidity, accompanied and followed by such extraordinary misrepresentations and calumnies, that only a documentary history would satisfy the critical student and intelligent reader. ... The character of the missionaries, their religious and moral principles, their object, methods, resources, successes and reverses were examined and recorded in these ...


1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt, 2019 California State University, Monterey Bay

1908 - The Missions And Missionaries Of California, Vol. I, Lower California, Zephyrin Engelhardt

Franciscan Publications

Volume I of the Missions and Missionaries in California was compiled from original sources and was intended to serve as an introduction to the history of what was referred to as Upper or Alta California. This volume addresses the origin of the missions in Lower California, it's discovery, efforts to colonize the lower peninsula, the endeavors to establish a government, learn the language, introduction of agriculture, failure of the Spanish government to adequately fund the missions, establishment of various missions, the Jesuits decline, the Franciscan period; efforts to establish missions in Upper California by Fr. Junipero Serra, Fr. Palóu ...


Deal Momentum, Cathy Hwang 2019 University of Utah, SJ Quinney College of Law

Deal Momentum, Cathy Hwang

Law, Economics, & Business Workshop

No abstract provided.


Medical Care In Urban Conflict, Kenneth Watkin 2019 U.S. Naval War College

Medical Care In Urban Conflict, Kenneth Watkin

International Law Studies

The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care ...


Vol. 56, No. 05 (February 11, 2019), 2019 Maurer School of Law: Indiana University

Vol. 56, No. 05 (February 11, 2019)

Indiana Law Annotated

No abstract provided.


Waging War Against Corruption In Developing Countries: How Asset Recovery Can Be Compliant With The Rule Of Law, Mat Tromme 2019 Duke Law

Waging War Against Corruption In Developing Countries: How Asset Recovery Can Be Compliant With The Rule Of Law, Mat Tromme

Duke Journal of Comparative & International Law

It is often said that criminals hardly ever mind financial penalties if they get caught, but on the other hand, they fear losing tangible as-sets. This is the underlying rationale for asset forfeiture approaches: forfeiting property can be a powerful detractor for crime and corrup-tion. Assume that John was running a gambling operation or cooking drugs in a room he rented from a house belonging to a retired couple. This case naturally raises a lot of questions (e.g. should the whole house be seized and forfeited, and if so, what would happen to the couple?) and brings into focus ...


Journal Staff, 2019 Duke Law

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.


Fragmented Laws, Contingent Choices: The Tragicomedy Of The Village Commons In China, Shitong Qiao 2019 Duke Law

Fragmented Laws, Contingent Choices: The Tragicomedy Of The Village Commons In China, Shitong Qiao

Duke Journal of Comparative & International Law

Defining the direct conflict between law and social norms as a tragedy and their reconciliation as a comedy, this paper serves as a case study of the mixture of tragedies and comedies of collective land governance in China. The term tragicomedy encapsulates such a mixture. This paper presents two contrasting cases of collective land governance: one village co-op is captured by a mafia and the consequent mafia-style land development business is maintained through violence and the bribing of government officials; the other village co-op from time to time takes actions “in the name of law” in their bargaining for legal ...


Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad 2019 Boston College Law School

Categorizing Wayne's World: The Public Forum Doctrine And Public Access Channels, Michael Molstad

Boston College Law Review

On February 9, 2018, the United States Court of Appeals for the Second Circuit held, in Halleck v. Manhattan Community Access Corp., that a public access channel administered by the Manhattan Community Access Corporation and three of its employees was a public forum. In doing so, the court determined that a complaint against Manhattan Community Access Corporation and those three employees sufficiently alleged state action. The legal status of public access channels has been unsettled since 1996, when the Supreme Court explicitly chose not to decide whether public access channels were public forums in Denver Area Educational Telecommunications Consortium v ...


Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor 2019 Boston College Law School

Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor

Boston College Law Review

On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnology, that forcing specific performance of a trademark license after a contract rejection in a bankruptcy case would be contrary to the plain-language of Section 365(n) of the Bankruptcy Code and conflict with the goal of providing debtors with a “fresh start.” In so doing, the First Circuit joined the Fourth Circuit in a split with the Seventh Circuit, which has characterized a contract rejection as a breach in the context of non-bankruptcy law, therefore not extinguishing any trademark license rights ...


The Rise Of The Extreme Right And The Crime Of Terrorism: Ideology, Mobilization, And The Case Of Golden Dawn, Nadia Banteka 2019 Duke Law

The Rise Of The Extreme Right And The Crime Of Terrorism: Ideology, Mobilization, And The Case Of Golden Dawn, Nadia Banteka

Duke Journal of Comparative & International Law

The past decade has witnessed the rise in popularity of organizations and political parties founded on the extreme nationalism and populism that characterized the interwar period’s fascist and Nazi parties. These organizations have become known as the “alt-right” and include white supremacists, neo-Nazis, neo-fascists, and other extreme right-wing fringe groups. Extreme right-wing political parties have also enjoyed electoral victories while promulgating xenophobia and hatred based on race, religion, ethnicity, nationality, and sexual orientation. This article examines the resurgence of such extreme right-wing political parties and the relationship between right-wing extremism, political parties, and terrorism. The goal of this article ...


Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close 2019 University of Massachusetts - Dartmouth

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close

Tennessee Journal of Law and Policy

Over the last ten decades or so, federal and state education policymakers embraced the use of value added models (VAMs) to evaluate teachers’ performance and make high-stakes employment decisions (e.g., tenure, merit pay, termination of employment). VAMs are complicated statistical models that attempt to estimate a teacher’s contribution to student test scores, particularly those in mathematics and reading. Educational researchers, as well as many teachers and unions, however, have objected to the use of VAMs noting that these models fail to adequately account for variables outside of teachers’ control that contribute to a student’s education performance. Subsequently ...


Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel 2019 Urban Institute

Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel

Tennessee Journal of Law and Policy

Public defenders and other court actors most often engage in behind-the-scene plea negotiating to manage overwhelming workloads and to dispose of cases as quickly and efficiently as possible. In prior work, scholars have documented an increased reliance on plea bargaining and the deleterious impact of the practice on the legal process and the rights of individuals accused of a crime; however, this research has not systematically analyzed the decisions made, and the perspectives of justice of society’s most disadvantaged and arguably most important actors of the court, the defendants. Relying on data collected in a Midwestern public defense system ...


Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson 2019 University of Tennessee, Knoxville

Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson

Tennessee Journal of Law and Policy

Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s ...


Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019), 2019 University of Tennessee, Knoxville

Tennessee Journal Of Law And Policy Volume 13, Issue 2 (Winter 2019)

Tennessee Journal of Law and Policy

No abstract provided.


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