The First Century of Right to Arms Litigation

This Article examines state court cases involving the right to arms, during the first century following ratification of the Amendment in 1791. This is not the first article to survey some of those cases. This Article includes additional cases, and details the procedural postures and facts, not only the holdings. The Article closely examines how the Supreme Court integrated the nineteenth century arms cases into Heller and McDonald to shape modern Second Amendment law. Part I briefly explains two English cases which greatly influenced American legal understandings. Semayne’s Case is the foundation of “castle doctrine” — the right to home security which includes the right of armed self-defense in the home. Sir John Knight’s Case fortified the tradition of the right to bear arms, providing that the person must bear arms in a non-terrifying manner. Part II examines American antebellum cases; these are the cases to which Heller looked for guidance on the meaning of the Second Amendment. Part III looks at cases from Reconstruction and the early years of Jim Crow, through 1891. As with the antebellum cases, the large majority of post-war cases are from the Southeast, which during the nineteenth century was the region most ardent for gun control. The heart of gun control country was Tennessee and Arkansas; courts there resisted some infringements of the right to arms, but eventually gave up. Heller and McDonald did not look to the Jim Crow cases as constructive precedents on the Second Amendment.

Closer to life : the work of sari dienes

Like many of her female contemporaries, artist Sari Dienes’s contributions to the art historical dialogue have been largely overlooked in favor of her male counterparts. Often seen as a mentor and mother figure to neo-Dada artists Jasper Johns and Robert Rauschenberg, Dienes was an active member of the New York avant-garde circle surrounding composer/choreographer duo John Cage and Merce Cunningham in the 1950s and 1960s. These social relationships are central to the existing discourse on Sari Dienes, while her work remains little discussed. The fact that her dynamic, ever-changing style lacked aesthetic consistency was commonly lamented by notable figures such as Betty Parsons, however, I argue that Dienes’s diverse oeuvre is unified by her philosophies on art and life. The unification of art and life, denoted clearly by Dienes’s use of the found object, experimentation and chance happenings, and sensory experience, marks her as an innovator and catalyst in the neo-Dada movement as well as in other experimental art endeavors that took place in the aftermath of Abstract Expressionism.

Digital Curation Program of the Digital Public Library of America (DPLA)

The Digital Public Library of America (DPLA) is a digital library that strives to serve the public through digital collections accumulated from a wide variety of partners. Our chosen topic for the DPLA exhibit project is Perspectives on the Vietnam War. The Vietnam War remains a controversial topic of national interest, making it a topic of depth and of many perspectives. Our goals with this exhibit were to gather different perspectives of the war through personal stories, the media, presidential administrations of the war, military personnel, and the general public, including famous figures. We strove to demonstrate the variety of perspectives on the Vietnam War through a variation of digital objects and content that will be engaging for users: both black and white and color photos, videos, and audio files. Furthermore, we wanted to ensure that our digital materials are of high quality, properly documented, and easy to search and find thus all of our objects are from DPLA and are from usable original sources. This poster will describe our processes for organizational, object selection, building our exhibit, attainment of our goals, and detailed steps of our overall operation. The poster will also include details about the minor issues and bumps that occurred while reaching our final product as well as the team members’ perspectives on the project as a whole including: problems, words to for the wise, and triumphs.

Public health lessons for refugee reception: the example of Sidi Bulgayz

Conflicts force millions of people to abandon their homes and flee life-threatening persecution, war, and ethnic and political discrimination. From the end of World War II to the present day, more than 59 million people worldwide have become refugees and displaced persons. Displacement affects people's health, psychological well-being and economic welfare.

Restrictions on Aliens in the United Kingdom, 1914-1919 : a Study of the Origins and Political Background of the Aliens Restrictions Acts of 1914 and 1919.

At first glance the Aliens Restriction Act of 1914, which was introduced and passed on the first day of World War One, seems a hasty and ill-prepared piece of legislation. Actually, when examined in the light of Arthur Marwick's thesis that war is a forcing house for pre-existent social and governmental ideas, it becomes clear that the act was not after all the product of hastily formed notions. In point of fact it followed the precedent of detailed draft clauses produced in 1911 by a sub-committee of the Committee of Imperial Defence established to consider the treatment of aliens in the event of war. Indeed the draft clauses and the restrictions embodied in the 1914 act were strikingly similar to restrictions on aliens legislated in 1793. Hostility to aliens had been growing from 1905 to 1914 and this hostility blossomed into xeno-phobia on the outbreak of war, a crucial precondition for the specifically anti-enemy fears of the time. In 1919 the Aliens Restriction (Amendment) Bill was introduced into parliament to extend temporarily the provisions of the 1914 act thus permitting the Home Secretary to plan permanent, detailed legislation. Two minority groups of MPs with extreme views on the treatment of aliens were prominent in the debates on this bill. The extreme Liberal group which advocated leniency in the treatment of aliens had little effect on the final form of the bill, but the extreme Conservative group, which demanded severe restrictions on aliens, succeeded in persuading the government to include detailed restrictions. Despite its allegedly temporary nature, the Aliens Restriction (Amendment) Act of 1919 was renewed annually until 1971.

Common places, new places. The labour law rhetoric of the crisis. WP C.S.D.L.E. "Massimo D'Antona" .INT - 92/2012

'Common places', as argued in this paper, may at times fulfil a persuasive function. This is the case of messages enshrined in Europe 2020. In the aftermath of an unprecedented economic and financial crisis they may sound like common places. European institutions have given precedence to measures on financial and budgetary stability, thus marginalising social and employment policies. The only promising developments, the 'new places' in labour law, must be searched in the new synergies among employment and cohesion policies. National and subnational levels of decison-making should be favoured in order to attain the delivery of new partnership agreements, supported by European structural funds.

The Discursive double game of EMU reform: the clash of titans between French White Knight and German Iron Lady. Paper presented at the 9th Biennial Conference European Community Studies Association–Canada (ECSA-C), Ottawa, Ontario, April 27-28, 2012

From the Introduction. In the aftermath of the EU’s enlargement towards Central and Eastern Europe, many scholars and observers of European integration were proclaiming that the French-German “engine” of Europe had come to an end. The political legitimacy of French-German initiatives was contested by coalitions of smaller member states and the ‘new Europe’ was calling for new leadership dynamics. However, the experience of the Eurozone debt crisis provided dramatic evidence that no alternative to the Franco-German partnership has yet to emerge in the enlarged EU. In a time of existential crisis, Franco-German initiatives appear to have remained the basic dynamic of integration. However, unlike in the past, agreements on steps forward have proven to be particularly difficult. This is largely due to these countries’ contrasting political economic policy ideas, cultures, and practices....the paper analyses the ideational ‘frames’ of the two leaders while tracing their discursive interactions against changing background conditions since the European debt crisis was triggered by Greece in October 2009 until the last measures taken in 2012 before the French Presidential elections. The empirical analysis is based on a systematic corpus of press conferences and media interviews by Nicolas Sarkozy and Angela Merkel after European summits. It is complemented by a number of press interviews including some given by their respective Finance Ministers) and important speeches in that same period of time.

50 years of the ‘twin engine’. Franco-German reconciliation, European integration and reflections for Asia. EU Centre Singapore Background Brief No. 8, March 2013

On 22 January 2013, French President François Hollande and German Chancellor Angela Merkel gathered in Berlin to celebrate the 50th anniversary of the signing of the Élysée Treaty, the document that ended centuries of rivalry and warfare between their two countries. It is all too easy to forget the importance of Franco-German reconciliation. The 1950 Schuman Declaration, which led to the creation of the European Union’s (EU) predecessor, the European Coal and Steel Community (ECSC), sought to render the prospect of war between France and Germany ‘not only unthinkable but materially impossible’. Over 60 years later, when the EU was awarded the Nobel Peace Prize, the Norwegian Nobel Committee noted that indeed, ‘war between Germany and France is unthinkable’. Halfway around the world in Asia, the other theatre of World War II, tensions between China and Japan have arisen, with Taiwan and South Korea also in the fray. Nationalist movements in these countries have grown. This background brief lays out the issues for a timely reappraisal of the applicability, or otherwise, of the European integration and reconciliation processes to East Asia. The brief seeks to outline the contours of the historic act of Franco-German reconciliation, and its consequences ever since. Starting from a brief look at the history of rivalry and war between the two countries, the brief examines the events leading to the signing of the Élysée Treaty in 1963, and the development of Franco-German exchanges that have cemented the relationship. Difficulties between the countries are also raised. A timescale analysis of the opinion of the two publics is considered, as a measure of the success of Franco-German reconciliation.

The Political and Judicial Life of Metadata: Digital Rights Ireland and the Trail of the Data Retention Directive. CEPS Paper in Liberty and Security No. 65, May 2014

This paper examines the challenges facing the EU regarding data retention, particularly in the aftermath of the judgment Digital Rights Ireland by the Court of Justice of the European Union (CJEU) of April 2014, which found the Data Retention Directive 2002/58 to be invalid. It first offers a brief historical account of the Data Retention Directive and then moves to a detailed assessment of what the judgment means for determining the lawfulness of data retention from the perspective of the EU Charter of Fundamental Rights: what is wrong with the Data Retention Directive and how would it need to be changed to comply with the right to respect for privacy? The paper also looks at the responses to the judgment from the European institutions and elsewhere, and presents a set of policy suggestions to the European institutions on the way forward. It is argued here that one of the main issues underlying the Digital Rights Ireland judgment has been the role of fundamental rights in the EU legal order, and in particular the extent to which the retention of metadata for law enforcement purposes is consistent with EU citizens’ right to respect for privacy and to data protection. The paper offers three main recommendations to EU policy-makers: first, to give priority to a full and independent evaluation of the value of the data retention directive; second, to assess the judgment’s implications for other large EU information systems and proposals that provide for the mass collection of metadata from innocent persons, in the EU; and third, to adopt without delay the proposal for Directive COM(2012)10 dealing with data protection in the fields of police and judicial cooperation in criminal matters.

State-building in Iraq since 2003: the Challenges and Lessons. Jean Monnet Occasional Paper No. 12/2014

Introduction. In 2003, Iraq was invaded by the US coalition forces that ousted Saddam Hussein’s regime from power before occupying the whole country. The intension, declared by the then American George W. Bush, was to ‘build a decent and democratic society at the centre of the Middle East’ that ‘will become a place of progress and peace.’1 In 2014, three years after the withdrawal of the last American soldier, however, it is difficult to overestimate or exaggerate what is at stake. National unity and territorial integrity have never been so seriously threatened since the country is experiencing the internal fighting in its modern history. Many parts of Iraq, including the northern oil city of Kirkuk, long claimed as an integral part of the semi-autonomous region of Kurdistan, are out of the control of the central government. Large areas in the north including the strategic city of Mosul were seized by the fighters of the Islamic State, an Al-Qaeda offshoot, formerly known as ISIS, who threatened to invade the Kurdistan region before being attacked by airstrikes by the US. They proclaimed a caliphate on both sides of the border with Syria, where they also control vast territory.

The Berlin Republic. Evolution of Germany's politics of memory and German patriotism. OSW Point of View, August 2009

Important changes have occurred in recent years in the attitude of a majority of the German elite towards the history of the 20th century and the political identity built on collective memory. Until recently, the sense of guilt for the crimes of the Third Reich and the obligation to remember were prevalent. While these two elements of Germany's memory of World War II are still important, currently the focus increasingly shifts to the German resistance against Nazism and the fate of the Germans who suffered in the war. Positive references to Germany's post-war history also occupy more and more space in the German memory. In 2009, i.e. the year of the 60th anniversary of the Federal Republic of Germany and the 20th anniversary of the fall of Communism, the efforts of German public institutions concentrate on promoting a new canon of history built around the successful democratisation and Germany's post-war economic success. The purpose behind these measures is to build a common historical memory that could be shared by the eastern and western parts of Germany and appeal to Germany's immigrants, who account for a growing proportion of the society.

It's not (only) about Erika Steinbach. Three myths in the German discourse on the resettlements. OSW Point of View, August 2010

The activity of the Federation of Expellees and its chairperson Erika Steinbach, including efforts aimed at establishing the Centre Against Expulsions have been and will continue to be a source of controversy in Germany’s domestic policy, as well as in Polish–German and Czech–German relations. Steinbach has become a central figure in German inter-party conflicts and in disputes with the country’s immediate neighbours. In her efforts to gain more publicity for injustice and suffering in the German past she has resorted to controversial methods and has thus latched onto another stage in the historical debate on the consequences of World War II. This time it is related to and interpreted from the point of view of the German victims. The consequences of the present debate on how Germany suffered during the war do matter and will continue to matter both for Germany itself and for Germany’s relations with its near neighbours. Contrary to popular belief, the debate, still underway and in the shape imposed by Erika Steinbach, is likely to bring some benefit to Poland.

Review of the Economic Development in the Western Balkan States. OSW STUDIES No. 19, 2005-08-10

Foreword. Ten years after the end of the armed conflict, the Western Balkans1 are still being considered as the “land of the unsuccessful policies”. Enormous financial and technical assistance transferred by the International Community has not managed to meet the goals of integrating the region within itself as well as within the European markets. Explanation for this can be found in the consequences of the war and the remnants of the socialist state. The complexity of current institutional/ political arrangements combined with the limited willingness of the regional actors to introduce and implement much of the needed reforms have additionally contributed to the current state of affairs. The economy and politics in the region intertwine to an extent as probably in none of the other post-communist states. Therefore, the paper presents the recent economic performance of the Western Balkan countries in the light of their limited institutional development and lack of efficient regional cooperation. The paper discusses the importance of foreign direct investments’ inflow for the economic growth of the “latecomer” states and presents major drawbacks which limit the influx of the foreign capital to the region. It presents private sector activity and regional cooperation programmes. It discusses the role of the International Community with the main focus on the activities of the European Union. The EU is examined not only as the main aid donor but more importantly as a foreign trade partner. Furthermore, it analyses the impact of the presence of the International Community and their strategies towards the region with the special attention to the EU. Finally, it presents recommendations for the improvement of the economic performance in light of the enhanced political cooperation between the EU and the region.

Afghan Opium and the EU: Fighting the War Economy through Development Cooperation. EU Diplomacy Paper No. 4, 2014

Opium is at the heart of the war economy in Afghanistan, involving a broad range of actors. It generates a sustainable violence cycle and, while international troops withdraw from the country, threatens the Afghan government’s reconstruction efforts. The European Union (EU) plays an important part in the debate on how to deal with this issue. Several counter-narcotics policies have been implemented since 2001 and have mostly failed. This paper looks at these failures and questions the European Union’s ability to help tackle the problem of opium in Afghanistan. It argues that a comprehensive development response, backed by counter-narcotics incentives, could unfasten the spiral of the war economy. It also argues that the EU has developed relevant policies based on poverty alleviation and a structural approach to the opium issue but still lacks the means for action and for donor coordination in order to significantly influence the situation.

PALESTINIAN REFUGEES-HOW CAN A DURABLE SOLUTION BE ACHIEVED? CEPS Middle East Working Paper No. 6, July 2003

From the Introduction. The refugee question is at the core of the conflict between Israel and the Palestinians. Palestinians were first displaced as a direct consequence of the 1948 war and its aftermath. Twenty years later, another wave of Palestinian refugees was created as a consequence of the war during which Israel occupied the West Bank and the Gaza Strip. The purpose of the present paper is to: • deliver a critical analysis of past approaches to deal with the refugee issue in the various attempts to resolve the conflict between Israel and the Palestinians; • discuss lessons to be learned from the settlement and its implementation mechanisms in Bosnia and Herzegovina; and • propose a direction for a long-term strategy for the international community that avoids past pitfalls and could ultimately lead both parties to an agreement.