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Levels Of Abstraction In Legal Thinking, Michael Evan Gold 2018 Cornell University

Levels Of Abstraction In Legal Thinking, Michael Evan Gold

Articles and Chapters

[Excerpt] This article applies the concept of levels of abstraction to legal thinking. Perhaps the most important use of the concept is to constrain judicial lawmaking in a principled way.

Level of abstraction refers to:

  • the numbers of persons and transactions that generate an issue,

  • the numbers of persons and transactions of which a piece of evidence is true,

  • the numbers of persons and transactions to which an argument applies, and

  • the numbers of persons and transactions that are affected by the resolution of an issue.

In general, the more persons and transactions to which an issue and its resolution ...


Into The Void, Or The Musings And Confessions Of A Redheaded Stepchild Lost In Western Legal History And Found In The Legal Borderlands Of The North American West, Katrina Jagodinsky 2018 University of Nebraska-Lincoln

Into The Void, Or The Musings And Confessions Of A Redheaded Stepchild Lost In Western Legal History And Found In The Legal Borderlands Of The North American West, Katrina Jagodinsky

Faculty Publications, Department of History

At my first American Society for Legal History conference in 2014, I listened with rapt attention as keynote speaker Patty Limerick asked: "Is western history legal history ?" Limerick answered in the affirmative, citing the many ways in which law had defined the North American West. Those of us who teach Western history courses can count the legal acts Limerick recited on our fingers and toes: the 1784 Land Ordinance, the 1787 Northwest Ordinance, the 1790 Trade & Intercourse Act, the 1803 Louisiana Purchase, and every treaty between American Indians and the federal government on one hand; the Missouri Compromises of 1820 and r85o, the Oregon Treaties of I 8 I 8 and I 846, and the series of legal maneuvers ...


Schießbefehl And The Issues Of Retroactivity Within The East German Border Guard Trials, Keegan McMurry 2018 Western Oregon University

Schießbefehl And The Issues Of Retroactivity Within The East German Border Guard Trials, Keegan Mcmurry

Student Theses, Papers and Projects (History)

From 1961 to 1989, 327 people attempting to cross the border from East Germany to West Germany were killed while making the crossing. With the opening of the Berlin Wall in November 1989 and German reunification a year later, German courts began to address whether the border guards, their officers, or political leadership of the former East Germany should be tried for these deaths. If East Germany no longer existed, could West German laws be applied to these cases? This project examines this issue by examining trials that were conducted in the 1990s and the legal sources that examine this ...


Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber 2018 Rochester Institute of Technology

Prosocial Religion And Games: Lost & Found, Owen Gottlieb, Ian Schreiber

Articles

In a time when religious legal systems are discussed without an understanding of history or context, it is more important than ever to help widen the understanding and discourse about the prosocial aspects of religious legal systems throughout history. The Lost & Found (www.lostandfoundthegame.com) game series, targeted for an audience of teens through twentysomethings in formal, learning environments, is designed to teach the prosocial aspects of medieval religious systems—specifically collaboration, cooperation, and the balancing of communal and individual/family needs. Set in Fustat (Old Cairo) in the 12th century, the first two games in the series address laws ...


Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento 2018 The University of Akron

Fornication Prosecutions Beyond The Mainstream Community And The Role Of Community Policing In Early Colonial New England, Bridget Sciscento

Williams Honors College, Honors Research Projects

During the seventeenth century, New England was composed of several independent colonies of varying size and success. In the Puritan and separatist colonies of Massachusetts Bay, New Haven, and Plymouth, entire communities, including “others,” those who were relegated outside of the community on the basis of their status or faith, worked with the theocratical legal system to police sexual morality and preserve social hierarchies that colonists understood to be fundamentally intertwined. This commitment was so strong that these colonies overlooked centuries of English legal custom when drafting harsher fornication laws, relied on the expert testimony of midwives over that of ...


Quotidian Intimidation And Mussolini's Special Tribunal In Istria And The Eastern Borderlands, Maura Hametz 2018 Old Dominion University

Quotidian Intimidation And Mussolini's Special Tribunal In Istria And The Eastern Borderlands, Maura Hametz

History Faculty Publications

The article examines the Special Tribunal for the Defense of the State's use of the "no grounds to proceed" ruling to intimidate anti-fascists and extend the fascist government's power in the Adriatic borderlands. It demonstrates how the Tribunal's judges used their sentencing prerogatives to support repression in Istria and cloak persecution in the mantel of legal action in defense of the state.


Petitioning And The Making Of The Administrative State, Maggie Blackhawk 2018 University of Pennsylvania Law School

Petitioning And The Making Of The Administrative State, Maggie Blackhawk

Faculty Scholarship at Penn Law

The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state ...


Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson 2018 University of Pennsylvania Law School

Crimes That Changed Our World: Tragedy, Outrage, And Reform: Chapter One: 1911 Triangle Factory Fire: Building Safety Codes, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship at Penn Law

This first chapter of the recently published book Crimes That Changed Our World: Tragedy, Outrage, and Reform, examines the process by which the tragic 1911 Triangle Factory Fire provoked enormous outrage that in turn created a local then national movement for workplace and building safety that ultimately became the foundation for today’s building safety codes. What is particularly interesting, however, is that the Triangle Fire was not the worst such tragedy in its day. Why should it be the one that ultimately triggers social progress?

The book has 21 chapters, each of which traces the tragedy-outrage-reform dynamic in a ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin 2018 Winthrop University

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Exclusion And Inclusion In The Legal Professions: Negotiating Gender In Central Europe, 1887-1945, Sara L. Kimble, Marion Rowekamp 2017 DePaul University

Exclusion And Inclusion In The Legal Professions: Negotiating Gender In Central Europe, 1887-1945, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.


Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb 2017 Rochester Institute of Technology

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

Articles

This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team found ...


Introduction: Jewish Gamevironments – Exploring Understanding With Playful Systems, Owen Gottlieb 2017 Rochester Institute of Technology

Introduction: Jewish Gamevironments – Exploring Understanding With Playful Systems, Owen Gottlieb

Articles

The study of Judaism, Jewish civilizationi, and games is currently comprised of projects of a rather small set of game scholars. A sample of our work is included in this issue.


Forced Upon The Account: Pirates And The Atlantic World In The Golden Age Of Piracy, 1690-1726, Nathan Ray 2017 James Madison University

Forced Upon The Account: Pirates And The Atlantic World In The Golden Age Of Piracy, 1690-1726, Nathan Ray

Masters Theses

This thesis discusses an observed phenomenon of ordinary sailors being forced to serve on board pirate ships in the eighteenth century Atlantic World. The main argument is that when pirates lost their connections to land-based communities in the Caribbean at the end of the seventeenth century they attempted to establish the same connections to communities along the North American coast. Pirates in the early eighteenth century ultimately failed to establish lasting connections with colonies in the north and had to force more ordinary sailors to server on their crews in order to survive. Colonial and British trial records were the ...


Ermold Files Paperwork To Challenge Davis, The Morehead News 2017 Morehead State University

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.


Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth 2017 PinkNews

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.


Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari 2017 International Business Times

Who Is David Ermold? Gay Man Enters County Clerk Race After Discrimination, Preeti Maheshwari

Media Collection

No abstract provided.


Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent 2017 Morehead State University

Ermold Filed His Paperwork With Davis, Raycom Media, The Daily Independent

Media Collection

No abstract provided.


Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi 2017 New York Times

Kim Davis Denied Him A Marriage License. He’S Running To Replace Her., Niraj Chokshi

Media Collection

No abstract provided.


Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg 2017 Washington Post

Kim Davis Denied His Right To Marry Another Man. Now David Ermold Is Going To Run Against Her., Eli Rosenberg

Media Collection

No abstract provided.


Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam 2017 Associated Press

Gay Man Denied Marriage License Hopes To Unseat County Clerk, Adam Beam

Media Collection

No abstract provided.


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