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Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt 2010 University of Tennessee College of Law

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert Blitt

Robert C. Blitt

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs. The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening ...


Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt 2010 University of Tennessee College of Law

Russia’S 'Orthodox' Foreign Policy: The Growing Influence Of The Russian Orthodox Church In Shaping Russia’S Policies Abroad, Robert Blitt

Robert C. Blitt

The government of Russia and the Russian Orthodox Church (ROC) - the country’s predominant religious group - recently underwent back-to-back changes in each institution’s respective leadership. This coincidence of timing has afforded a unique opportunity to reexamine the status of constitutional secularism and church-state relations in the Russian Federation. In the short space of two years, the partnership of President Dmitri Medvedev and Patriarch Kirill has further entrenched a discriminatory three-tiered status system for religious groups and - perhaps more significantly - has generated multiple new channels of influence for the ROC in Russian social and political life, including handing the Church ...


Feminist Movements In Europe, Sara Kimble 2010 DePaul University

Feminist Movements In Europe, Sara Kimble

Sara L Kimble

No abstract provided.


Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt 2010 University of Tennessee College of Law

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert Blitt

Robert C. Blitt

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — motivated in part by the desire to end years ...


The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt 2010 University of Tennessee College of Law

The Bottom Up Journey Of 'Defamation Of Religion' From Muslim States To The United Nations: A Case Study Of The Migration Of Anti-Constitutional Ideas, Robert Blitt

Robert C. Blitt

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is ...


Local History From 8000 Miles Away: Early Colac Court Records In The United States, Arthur Fraas 2010 University of Pennsylvania

Local History From 8000 Miles Away: Early Colac Court Records In The United States, Arthur Fraas

Arthur Mitchell Fraas

This article examines a volume of Colac court records from the mid-nineteenth century now held in the United States. It details the contents of the volume with an eye towards the nature of local justice in early Victoria and the ways in which legal records can provide a window into the past. In addition, the article calls attention to the increasingly global nature of local history studies. In sharing the story of this trans-oceanic ‘discovery’ and its subsequent digitisation, it provides a possible model for future directions in archival research.


New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble 2010 DePaul University

New Professional Opportunities For Women: Nursing, Teaching, Clerical, Sara L. Kimble

Sara L Kimble

No abstract provided.


Card Check Labor Certification: Lessons From New York, William A. Herbert 2010 CUNY Hunter College

Card Check Labor Certification: Lessons From New York, William A. Herbert

William A. Herbert

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee ...


Shakespeare's Place In Law-And-Literature, Allen P. Mendenhall 2010 Huntingdon College; Faulkner University; Supreme Court of Alabama

Shakespeare's Place In Law-And-Literature, Allen P. Mendenhall

Allen Mendenhall

Nearly every Anglo-American law school offers a course called Law-and-Literature. Nearly all of these courses assign one or more readings from Shakespeare’s oeuvre. Why study Shakespeare in law school? That is the question at the heart of these courses. Some law professors answer the question in terms of cultivating moral sensitivity, fine-tuning close-reading skills, or practicing interpretive strategies on literary rather than legal texts. Most of these professors insist on an illuminating nexus between two supposedly autonomous disciplines. The history of how Shakespeare became part of the legal canon is more complicated than these often defensive, syllabus-justifying declarations allow ...


Recent Additions To The Collection - Fall 2010: An Illustrated Guide To The Exhibit, Karen S. Beck 2010 Boston College Law School

Recent Additions To The Collection - Fall 2010: An Illustrated Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2010 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library.


Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar 2010 Hebrew University of Jerusalem

Conjugal Disputes At The Jewish Court Of 18th Century Altona, Noa Shashar

Early Modern Workshop: Resources in Jewish History

Disputes between married couples in 18th century were sometimes brought before the Jewish court ( the Beit-Din). Analysis of protocols of session which dealt with such disputes reveals facts about tensions caused by contemporary family structure and marriage customs as well as about the means which the court applied to enforce policy. The texts presented here are excerpts from one of the protocol books of the Jewish court of Altona. Altona, at the time subject to the Danish King, shared institutions with the neighboring Jewish communities in Hamburg and Wandsbeck, a union which produced several kinds of documents covering a period ...


Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan 2010 Yeshiva University

Regulating Communal Space: Mikvaot In Seventeenth-Century Altona, Debra Kaplan

Early Modern Workshop: Resources in Jewish History

Over the course of a few years in the latter half of the seventeenth century, the community of Altona made several changes in the administration of local ritual baths. A series of entries in the communal pinkas, or logbook, elucidates how the community raised funds from mikvaot, how lay and rabbinic leaders worked together, and how communal leaders regulated ritual space both in homes and in communal space.

This presentation is for the following text(s):

  • Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [50])
  • Pinkas/Communal Logbook of Altona (CAHJP AHW 14 [90])
  • Pinkas/Communal Logbook of Altona (CAHJP ...


Crime And Sacred Spaces In Early Modern Poland, Magda Teter 2010 Wesleyan University

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Magda Teter

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


Libel In Mississippi, 1798-1832, Muriel Ann Everton 2010 University of Southern Mississippi

Libel In Mississippi, 1798-1832, Muriel Ann Everton

Dissertations

The Mississippi Territory officially became part of the United States in 1798. The territory was to be governed under the rules of the Northwest Ordinance, but those who went to govern the area found a culture that required the use of common law to settle the disputes arising from prior governments under other nations. With no precedents on which to rely, disputes led, at first, to dueling and then to libel cases. Both common law and common sense prevailed while many of the disagreements were aired publicly in newspapers. Mississippi’s first printer, Andrew Marschalk, using his First Amendment rights ...


Why The Dreyfus Affair Matters, Louis Begley 2010 University of Pennsylvania

Why The Dreyfus Affair Matters, Louis Begley

Lorraine Beitler Collection of the Dreyfus Affair Distinguished Lecture Series

Novelist and lawyer Louis Begley, author of Wartime Lies, About Schmidt, and Matters of Honor, presents his book Why the Dreyfus Affair Matters (Yale University Press, 2009). Begley investigates the abuses of judicial and military power that led to the persecution of Dreyfus for treason in 1894 and caused bitter divisions in French society for years afterward. His study sheds new light on the Affair and makes clear its continuing significance for contemporary American legal and political debates.

To download a podcast of the lecture, choose one of the additional files below. To view the event poster, select the Download ...


James Wilson And The Scottish Enlightenment, William Ewald 2010 University of Pennsylvania Law School

James Wilson And The Scottish Enlightenment, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


Books And Their Covers: Decorative Bindings, Beautiful Books, Karen S. Beck 2010 Boston College Law School

Books And Their Covers: Decorative Bindings, Beautiful Books, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2010 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on books related to the law with bindings that were decorative or otherwise of historic interest. Publication dates of featured books range from the 15th to the 20th century.


Crime And Sacred Spaces In Early Modern Poland, Magda Teter 2010 Wesleyan University

Crime And Sacred Spaces In Early Modern Poland, Magda Teter

Division II Faculty Publications

This principle of intersection between action and sacredness was shared by both Jews and Christians. Both Christian and Jewish religious elites highlighted differences between sacred. In Catholicism, validation of space required a consecration by a bishop in preparation for the ritual of the Eucharist. Church vessels were viewed as sacred in relation to the Eucharist. The Eucharist defined levels of sacredness. The controversy over the nature of the Eucharist during the Reformation, challenged the notion of Christian sacred place. After the Reformation, in the minds of the church, and in Poland increasingly also in the minds of the secular courts ...


The Right To Arms In The Living Constitution, David B. Kopel 2010 Denver University, Sturm College of Law

The Right To Arms In The Living Constitution, David B. Kopel

David B Kopel

This Article presents a brief history of the Second Amendment as part of the living Constitution. From the Early Republic through the present, the American public has always understood the Second Amendment as guaranteeing a right to own firearms for self-defense. That view has been in accordance with élite legal opinion, except for a period in part of the twentieth century.

"Living constitutionalism" should be distinguished from "dead constitutionalism." Under the former, courts looks to objective referents of shared public understanding of constitutional values. Examples of objective referents include state constitutions, as well as federal or state laws to protect ...


State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer 2010 Denver University, Sturm College of Law

State Court Standards Of Review For The Right To Keep And Bear Arms, David B. Kopel, Clayton Cramer

David B Kopel

Cases on the right to arms in state constitutions can provide useful guidance for courts addressing Second Amendment issues. Although some people have claimed that state courts always use a highly deferential version of "reasonableness," this article shows that many courts have employed rigorous standards, including the tools of strict scrutiny, such as overbreadth, narrow tailoring, and less restrictive means. Courts have also used categoricalism (deciding whether something is inside or outside the right) and narrow construction (to prevent criminal laws from conflicting with the right to arms). Even when formally applying "reasonableness," many courts have used reasonableness as a ...


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