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Of Penguins and Polar Bears Shapero Rare Books 93
OF PENGUINS AND POLAR BEARS Shapero Rare Books 93 OF PENGUINS AND POLAR BEARS EXPLORATION AT THE ENDS OF THE EARTH 32 Saint George Street London W1S 2EA +44 20 7493 0876 [email protected] shapero.com CONTENTS Antarctica 03 The Arctic 43 2 Shapero Rare Books ANTARCTIca Shapero Rare Books 3 1. AMUNDSEN, ROALD. The South Pole. An account of “Amundsen’s legendary dash to the Pole, which he reached the Norwegian Antarctic Expedition in the “Fram”, 1910-1912. before Scott’s ill-fated expedition by over a month. His John Murray, London, 1912. success over Scott was due to his highly disciplined dogsled teams, more accomplished skiers, a shorter distance to the A CORNERSTONE OF ANTARCTIC EXPLORATION; THE ACCOUNT OF THE Pole, better clothing and equipment, well planned supply FIRST EXPEDITION TO REACH THE SOUTH POLE. depots on the way, fortunate weather, and a modicum of luck”(Books on Ice). A handsomely produced book containing ten full-page photographic images not found in the Norwegian original, First English edition. 2 volumes, 8vo., xxxv, [i], 392; x, 449pp., 3 folding maps, folding plan, 138 photographic illustrations on 103 plates, original maroon and all full-page images being reproduced to a higher cloth gilt, vignettes to upper covers, top edges gilt, others uncut, usual fading standard. to spine flags, an excellent fresh example. Taurus 71; Rosove 9.A1; Books on Ice 7.1. £3,750 [ref: 96754] 4 Shapero Rare Books 2. [BELGIAN ANTARCTIC EXPEDITION]. Grande 3. BELLINGSHAUSEN, FABIAN G. VON. The Voyage of Fete Venitienne au Parc de 6 a 11 heurs du soir en faveur de Captain Bellingshausen to the Antarctic Seas 1819-1821. -
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THE BROWN MOMENT IN TAIWAN: MAKING SENSE OF THE LAW AND POLITICS OF THE TAIWANESE SAME-SEX MARRIAGE CASE IN A COMPARATIVE LIGHT Ming-Sung Kuo & Hui-Wen Chen+ The Taiwan Constitutional Court (TCC) recently issued a landmark decision in Interpretation No. 748 (the Same-Sex Marriage Case), declaring the definition of marriage as a gender-differentiated union of a man and a woman under the Civil Code unconstitutional and setting the stage for Taiwan to become the first in Asia to legalize same-sex marriage. This decision has been compared to Obergefell v. Hodges. However, reading Obergefell in the broad context of the gay rights movement and the role of judicial review in Taiwanese constitutional politics, we challenge this analogy. Due to the discrepancy between the social movement and the law in the fight for constitutional rights for gays and lesbians in Taiwan, the Same-Sex Marriage Case is Taiwan’s Brown v. Board of Education moment in her constitutional law and politics. To make sense of the law and politics of the Same Sex Marriage Case, we evaluate its political context and the text and style in its reasoning. We observe a discrepancy between law and politics in the pursuit of the constitutional rights of gays and lesbians in Taiwan. The rise of same-sex marriage to the top of the antidiscrimination agenda resulted from the continuous effort of gay rights activists, while the TCC watched this movement from the sidelines until the Same-Sex Marriage Case. This case thus mirrors Brown in two respects. First, the role of the TCC has been publicly questioned after its Brown-like contentious decision on the issue of same-sex marriage. -
The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law Calvin R
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 1990 The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law Calvin R. Massey UC Hastings College of the Law, [email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Recommended Citation Calvin R. Massey, The Anti-Federalist Ninth Amendment and Its Implications for State Constitutional Law, 1990 Wisconsin Law Review 1229 (1990). Available at: http://repository.uchastings.edu/faculty_scholarship/1130 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. THE ANTI-FEDERALIST NINTH AMENDMENT AND ITS IMPLICATIONS FOR STATE CONSTITUTIONAL LAW CALVIN R. MASSEY* The ninth amendment has, of late, been the focus of much academic re- flection. In this Article, Professor Massey provides a provocative thesis regarding the intended purposes and uses of the ninth amendment. Professor Massey con- tends that the amendment is one of substance, guaranteeing the existence of citizens' rights, both created and preserved in state constitutions. Although in recent years the ninth amendment' has become the topic of considerable academic commentary,2 for the most part courts have ignored the amendment as a source of substantive constitutional rights.3 This general lack of attention, however, has been distinguished * Associate Professor of Law, University of California, Hastings. I express my ap- preciation to the National Association of Attorneys General, at whose annual seminar on state constitutional law I delivered a preliminary version of these thoughts. -
Human Rights and the Ninth Amendment: a New Form of Guarantee Jordon J
Cornell Law Review Volume 60 Article 3 Issue 2 January 1975 Human Rights and the Ninth Amendment: a New Form of Guarantee Jordon J. Paust Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Jordon J. Paust, Human Rights and the Ninth Amendment: a New Form of Guarantee, 60 Cornell L. Rev. 231 (1975) Available at: http://scholarship.law.cornell.edu/clr/vol60/iss2/3 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. HUMAN RIGHTS AND THE NINTH AMENDMENT: A NEW FORM OF GUARANTEE Jordon J. Paustt We hold these truths to be self-evident: that all men are created equal; that they are endowed, by their Creator, with certain unalienableRights; that among these are life, liberty, and the pursuit of happiness. THE DECLARATION OF INDEPENDENCE, 1776 Even those who are aware only of the two instances of substan- tial and violent human rights deprivation which occurred in Bang- ladesh a few years ago and in much of Nazi-controlled Europe over a quarter of a century ago should readily recognize the intense interdependency that exists between peace and the effec- tive realization of fundamental human values. Such a recognition has been made by the United Nations,' and the United Nations Charter contains a related pledge of the United States and all other member nations to take joint and separate action in cooperation with the UN for the effective implementation of a "universal respect for, and observance of, human rights and fundamental freedoms for all."' 2 Not only has it been recognized that human rights and peace are interdependent, but many observers have also noted an increasing interdependency among all people which should form the basis for a cooperative concern for the rights of others. -
Written Constitutions and Unenumerated Rights
Written Constitutions and Unenumerated Rights ERIC SLAUTER ^ I ^HE NINTH AMENDMENT to the Constitution ofthe United I States, which declares that the 'enumeration in the Con- .L stitution, of certain rights, shall not be construed to deny or disparage others retained by the people,' raises an obvi- ous problem for the practice of text-centered constitutional his- tory. While scholars bave traced the origins of most ofthe rights protected in the first ten amendments, sometimes devoting whole books to individual clauses, to date no one has written a similar study of tbe Ninth Amendment. It is easy to understand why. The enumerated rights of free speech or a free press present concrete objects for historical analysis, but because the nature and scope of the Ninth Amendment is itself subject to debate, it has not been especially clear what a prehistory of unenumerated rights would, should, or could examine. Political and legal scholars, to be sure, have attended to the im- mediate context ofthe production ofthe Ninth Amendment and have tried to provide a sense of the content of its protections. Legislative histories focus especially on James Madison's propo- sals for amendments in June 1789 and on changes made to those proposals in Congress later that summer. Turning from the pro- cess by which the text was formulated to the question of what rights the Ninth Amendment was designed to protect, some legal commentators see rights not enumerated in the Constitution as ERIC St^^trrEH is an assistant professor of English at the University of Chicago. Copyright © 2007 by American Antiquarian Society 277 278 American Antiquarian Society enumerated somewhere else. -
Development and Achievements of Dutch Northern and Arctic Cartography
ARCTIC’ VOL. 37, NO. 4 (DECEMBER 1984) P. 493.514 Development and Achievements of Dutch Northern and Arctic Cartography. in the Sixteenth and Seventeenth :Centuries GUNTER. SCHILDER* ther north, as far as the Shetlands the Faroes, in line with INTRODUCTION and the expansion of the Dutch .fishing and trading areas. The During the sixteenth and .seventeenth. centuries, the Dutch Thresmr contains a number of coastal viewsfrom the voyage made. a vital contribution to. the mapphg of the northern and around the North Capeas far as ‘‘Wardhuys”. Although there arctic regions, and their caPtographic work piayed a decisive is no mapofthis region, there is.a map of the coasts of Karelia part in expanding. the ,geographical .knowledgeof that time. and Russia to the east of the White Sea asfar as the Pechora, Amsterdam became the centre.of international map production accompanied by a text with instructionsfor navigation as far as and the map trade. Its Cartographers and publishers acquired Vaygach and Novaya Zemlya (Waghenaer, 1592:fo101-105). their knowledge partly from the results of expeditions fitted A coastal view.of the latter is also given.s The fact that Wag- out by theirfellow countrymen and, partlyfrom foreign henaer had access to original sources is shown by the inclusion voyages of discovery. This paper will describe the growing- in the Thresoor of the only known accountof Olivier Brunel’s Dutch..awarenessof .the northern and arctic regions. stage by voyage to-NovayaZemlya in 1584 (Waghenaer, ‘1592:P104).6 stage and region by region, with the aid of Dutch. maps. Anotherimportant document is WillemBiuentsz’s map of northern Scandinavia, which extends as faras the entrance to THE PROGRESS OF DUTCH KNOWLEDGE IN THE NORTH .the White Sea, and shows.al1 the reefs and shallows(Fig. -
The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet
Florida State University Law Review Volume 30 Issue 2 Article 8 2003 The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet Janet Dolgin [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Janet Dolgin, The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet, 30 Fla. St. U. L. Rev. (2003) . https://ir.law.fsu.edu/lr/vol30/iss2/8 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW DISABILITY EQUALITY AND PRENATAL TESTING: CONTRADICTORY OR COMPATIBLE? Adrienne Asch VOLUME 30 WINTER 2003 NUMBER 2 Recommended citation: Adrienne Asch, Disability Equality and Prenatal Testing: Contradictory or Compatible?, 30 FLA. ST. U. L. REV. 315 (2003). FLORIDA STATE UNIVERSITY LAW REVIEW THE IDEOLOGICAL CONTEXT OF THE DISABILITY RIGHTS CRITIQUE: WHERE MODERNITY AND TRADITION MEET Janet Dolgin VOLUME 30 WINTER 2003 NUMBER 2 Recommended citation: Janet Dolgin, The Ideological Context of the Disability Rights Critique: Where Modernity and Tradition Meet, 30 FLA. ST. U. L. REV. 343 (2003). THE IDEOLOGICAL CONTEXT OF THE DISABILITY RIGHTS CRITIQUE: WHERE MODERNITY AND TRADITION MEET JANET DOLGIN* I. BEYOND THE LAW: THE ABORTION DEBATE AND DISABILITY RIGHTS................ 346 II. MATTERS OF MORALS / MATTERS OF LAW ........................................................... 348 A. The Ideological Context of Debate................................................................ 348 B. The Ideological Context: The Debate About Family................................... -
Made in Taiwan: Alternative Global Models for Marriage Equality
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2019 Made in Taiwan: Alternative Global Models for Marriage Equality Stewart Chang University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Comparative and Foreign Law Commons, Constitutional Law Commons, and the Sexuality and the Law Commons Recommended Citation Chang, Stewart, "Made in Taiwan: Alternative Global Models for Marriage Equality" (2019). Scholarly Works. 1260. https://scholars.law.unlv.edu/facpub/1260 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. MADE IN TAIWAN: ALTERNATIVE GLOBAL MODELS FOR MARRIAGE EQUALITY Stewart Chang* Abstract This Article comparatively analyzes the judicial decisions that led to same-sex marriage equality in Taiwan, South Africa, and the United States. After first evaluating the structural mechanisms that led Taiwan to become the first Asian nation to legalize same-sexmarriage through Interpretation No. 748 of the Taiwan Constitutional Court, this Article then draws comparisons to how marriage equality was similarly affected through a delayed imposition of the court order in South Africa to allow the legislature an opportunityto rectifythe law in Minister of Home Affairsv. Fourie, and finallyconsiders how these approaches provide equally viable and more inclusive alternativesto the incrementaliststrategy employed by ayg rights activists in the United States that resulted in Obergefellv. Hodges. In the United States, same-sex marriage equality was accomplished through an incrementalist approach that recommends a certain ordering/or judicial lawmaking- that societal values must change and evolve first, and action by the Court follows after to reflect the change in societal morals. -
Judicial Opinions, Speeches, Writings
Report of the Center for Reproductive Rights on the Nomination of Judge Brett Kavanaugh to be Associate Justice of the United States Supreme Court August 30, 2018 TABLE OF CONTENTS EXECUTIVE SUMMARY …………………………………………………………………..…1 I. BACKGROUND …………………………………………………………………….…..3 A. Nomination ……………………………………………………………………..…...3 B. Biography ……………………………………………………………………..…….3 II. JUDGE KAVANAUGH’S REPRODUCTIVE RIGHTS RECORD……………..…..4 A. Abortion…………………………………………………………………………...….4 1. Garza v. Hargan (2017) …………………………………………………...…5 a. Three-Judge Panel Decision …………………………………..……6 b. En Banc Decision ………………………………………………..…..7 2. Writings and Speeches ……………………………………………………..10 B. Contraception …………………………..……………..……………..……………..13 Priests for Life v. Health & Human Services (2015) …………………........14 C. Maternal Health ……………..……………..……………..………………………..17 1. Seven-Sky v. Holder (2011) ……………..……………..…………………….18 2. Writings ……………..……………..……………..……………..……….......18 CONCLUSION ……………..……………..……………..……………..……………………...19 i EXECUTIVE SUMMARY The Center for Reproductive Rights uses the power of law to advance reproductive rights as fundamental human rights around the world. For over 25 years, our game-changing litigation and advocacy work—combined with our unparalleled expertise in the use of constitutional, international, and comparative human rights law—has transformed how reproductive rights are understood by courts, governments, and human rights bodies. Through our work on five continents, we have played a key role in securing legal victories before national courts, United Nations Committees, and regional human rights bodies on reproductive rights issues including access to life-saving obstetrics care, contraception, maternal health and safe abortion services, as well as the prevention of forced sterilization and child marriage. In the United States, we litigate extensively in federal and state courts to ensure reproductive health services are available across the country. Since our founding, we have been involved in every major Supreme Court case on abortion rights. -
Foreign Law, Integrity and the 9Th Amendment
Foreign Law, Integrity and the 9th Amendment Jeremy Raphael I. Introduction Throughout the past century of our legal culture, federal courts have affirmed through various rulings that unenumerated rights exist and are equally as important as enumerated rights. The common way judges have justified the existence of these unenumerated rights has been through the due process clauses of the 5th and 14th amendment. Thus, most legal challenges dealing with rights brought before our Supreme Court have involved substantive due process, a principle that aims to protect individuals from majoritarian policy enactments that exceed the limits of government authority. This doctrine of legal reasoning has brought about a positive expansion of civil liberties, particularly within the realm of privacy.1 However, the method, while popular among jurists, does not always give strong support for the pre-institutional existence of fundamental rights.2 Looking elsewhere in our Constitution for a justification of protecting moral rights provides 1 See Griswold v. Connecticut, 381 U.S. 479, 501 (1965); Eisenstadt v. Baird, 405 U.S. 438 (1972); Roe v. Wade, 410 U.S. 113 (1973); Lawrence v. Texas, 539 U.S. 558 (2003) 2 See John Hart Ely, Democracy and Distrust: A Theory of Judicial Review 18 (1980); see John Harrison, Substantive Due Process and the Constitutional Text, 83 VA. L. REV. 493, 552 (1997) (offering a detailed analysis of various arguments by which substantive due process might be derived from the constitutional text, but concluding that "the textual plausibility of the various derivations of substantive due process are uniformly negative" and that none of them provides "a natural understanding of the language"). -
T Avel Technology Rganisation
T avel Technology rganisation Ill Ill Medieval Europe Papers of the 'Medieval Europe Brugge 1997' Conference Volume 8 edited by Guy De Boe & Frans Verhaeghe LA.P. Rapporten 8 Zellik 1997 I.A.P. Rapporten uitgegeven door I edited by Prof Dr. Guy De Boe T avel echnology ganisation in Medieval Europe Papers of the 'Medieval Europe Brugge 1997' Conference Volume 8 edited by Guy De Boe & Frans Verhaeghe I.A.P. Rapporten 8 Zellik 1997 Een uitgave van het Published by the Instituut voor het Archeologisch Patrimonium Institute for the Archaeological Heritage W etenschappelijke instelling van de Scientific Institution of the Vlaamse Gemeenschap Flemish Community Departement Leefmilieu en Infrastructuur Department of the Environment and Infrastructure Administratie Ruimtelijke Ordening, Huisvesting Administration of Town Planning, Housing en Monumenten en Landschappen and Monuments and Landscapes Doomveld Industrie Asse 3 nr. 11, Bus 30 B -1731 Zellik- Asse Tel: (02) 463.13.33 (+ 32 2 463 13 33) Fax: (02) 463.19.51 (+ 32 2 463 19 51) DTP: Arpuco. Seer.: M. Lauwaert & S. Van de Voorde. ISSN 1372-0007 ISBN 90-75230-09-5 D/1997 /6024/8 08 TRAVEL, TECHNOLOGY AND 0RGANISATION - VERKEERSTECHNOLOGIE EN REIZEN TRANSPORTS ET VOYAGES - VERKEHRSTECHNOLOGIE UND REISEN was organized by Karel Vlierman werd georganiseerd door Hubert De Witte fut organisee par wurde veranstaltet von Preface The medieval world is often perceived as a fairly onwards but also of wrecks dating from Early Modem closed and static society where traffic and travelling times illustrate the point. The technological develop was fairly limited apart from such exceptions as the ments they reflect and which can often be identified Scandinavian regions in the Viking Age and the and documented only through archaeological evidence growing international trading systems which charac deserve attention not only because of their significance terize the development of the economic world parti for trade and exchange but also because they reveal cularly from the 12th century onwards. -
Unenumerated Rights
OKLAHOMA LAW REVIEW VOLUME 62 WINTER 2010 NUMBER 2 BLACKSTONE’S NINTH AMENDMENT: A HISTORICAL COMMON LAW BASELINE FOR THE INTERPRETATION OF UNENUMERATED RIGHTS JEFFREY D. JACKSON* Table of Contents Introduction .............................................. 167 I. Historically Construing the Ninth Amendment: Whose Views Are Important? ............................................ 172 II. The Ninth Amendment in Context: Whose Rights? . 175 A. The English Constitution and the Rule of Law . 176 B. The Influence of Natural Law ............................ 179 C. The Framing ......................................... 185 D. The Ratification....................................... 188 III. Whose Common Law? ................................... 200 IV. What Does It Mean?..................................... 212 A. Some Conclusions..................................... 214 B. And Some Criticisms................................ 220 Conclusion ............................................... 222 Introduction The Ninth Amendment explicitly states that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”1 This seems to clearly indicate that there are * Associate Professor of Law, Washburn University School of Law. I would like to thank Bill Rich, Bill Merkel, John Bickers, Linda Elrod, Aida Alaka, and Joe McKinney for their helpful comments and input on this article. Thanks also to Washburn University School of Law for its research support, and to Angela Carlon, J.D., 2009, and Karl Wenger, J.D., 2008, for their research and input. 1. U.S. CONST. amend. IX. 167 168 OKLAHOMA LAW REVIEW [Vol. 62:167 rights other than those in the text of the Constitution that should be recognized as constitutional. Further, the United States Supreme Court has recognized a number of unenumerated rights under a variety of rationales.2 Nevertheless, the question of how to identify and give form to these rights still continues to pose problems for judges, lawyers, and legal scholars alike.