62 research outputs found

    Who Are The People? : The Seventh Circuit Extends Second Amendment Rights to Undocumented Immigrants

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    Undocumented immigrants within the United States are human. Whether they exist as people protected by the Bill of Rights is another question entirely. The Second Amendment states the right of the people to keep and bear arms, shall not be infringed. The phrase the people appears in the First, Second, Fourth, Ninth, and Tenth Amendments to the United States Constitution, among other places in the United States\u27 most sacred documents. However, courts have rarely defined the people, except in the Fourth and—recently—Second Amendment contexts. In United States v. Verdugo–Urquidez, the Supreme Court held that the Fourth Amendment protects people, such as undocumented immigrants within the United States, so long as they can show substantial connections with the United States. In August 2015, the Seventh Circuit created a circuit split by applying the substantial connections test from the Fourth Amendment to the Second Amendment. In United States v. Verdugo–Urquidez, a grand jury indicted Mariano Meza–Rodriguez under a federal firearms law for being an undocumented immigrant in possession of a firearm. He challenged the indictment, arguing that the district court\u27s denial of his motion to dismiss violated his Second Amendment right to bear arms. The Seventh Circuit applied the Fourth Amendment Verdugo–Urquidez substantial connections test to the Second Amendment context. So long as undocumented immigrants in the United States have developed substantial connections with the United States, the Second Amendment confers to them a right to bear arms. Applying the test, the Seventh Circuit held that Mr. Meza–Rodriguez had a Second Amendment right to bear arms permissibly restricted by a federal firearms law. In contravention of the Supreme Court\u27s reading of the people in the Fourth Amendment context in Verdugo–Urquidez, three federal circuit courts have not extended that reading of the people to the Second Amendment. Unlike the other circuits, the Seventh Circuit followed a consistent reading of the people and aligned with Supreme Court language in other contexts to provide a superior interpretation of the people

    Who Are The People? : The Seventh Circuit Extends Second Amendment Rights to Undocumented Immigrants

    Get PDF
    Undocumented immigrants within the United States are human. Whether they exist as people protected by the Bill of Rights is another question entirely. The Second Amendment states the right of the people to keep and bear arms, shall not be infringed. The phrase the people appears in the First, Second, Fourth, Ninth, and Tenth Amendments to the United States Constitution, among other places in the United States\u27 most sacred documents. However, courts have rarely defined the people, except in the Fourth and—recently—Second Amendment contexts. In United States v. Verdugo–Urquidez, the Supreme Court held that the Fourth Amendment protects people, such as undocumented immigrants within the United States, so long as they can show substantial connections with the United States. In August 2015, the Seventh Circuit created a circuit split by applying the substantial connections test from the Fourth Amendment to the Second Amendment. In United States v. Verdugo–Urquidez, a grand jury indicted Mariano Meza–Rodriguez under a federal firearms law for being an undocumented immigrant in possession of a firearm. He challenged the indictment, arguing that the district court\u27s denial of his motion to dismiss violated his Second Amendment right to bear arms. The Seventh Circuit applied the Fourth Amendment Verdugo–Urquidez substantial connections test to the Second Amendment context. So long as undocumented immigrants in the United States have developed substantial connections with the United States, the Second Amendment confers to them a right to bear arms. Applying the test, the Seventh Circuit held that Mr. Meza–Rodriguez had a Second Amendment right to bear arms permissibly restricted by a federal firearms law. In contravention of the Supreme Court\u27s reading of the people in the Fourth Amendment context in Verdugo–Urquidez, three federal circuit courts have not extended that reading of the people to the Second Amendment. Unlike the other circuits, the Seventh Circuit followed a consistent reading of the people and aligned with Supreme Court language in other contexts to provide a superior interpretation of the people

    English and Pictish Terms for Brooch in an 8th-century Irish Law-Text

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    THIS paper seeks to draw to the attention of archaeologists, art historians, and others interested in material culture, some hitherto overlooked references to brooches in Old Irish legal texts of the 8 th and 9 th centuries. Of particular interest in these references is the fact that they include Old English and Pictish words for brooches, showing an awareness on the part of the Irish intelligentsia of the elite metalworking of their neighbours in the British Isles. The extent to which this borrowed terminology reflects an appreciation of English and Pictish brooch-types different from the Irish pseudo-penannular of the 8 th century is also discussed

    Network analysis of the Viking Age in Ireland as portrayed in Cogadh Gaedhel re Gallaibh

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    Cogadh Gaedhel re Gallaibh (‘The War of the Gaedhil with the Gaill’) is a medieval Irish text, telling how an army under the leadership of Brian Boru challenged Viking invaders and their allies in Ireland, culminating with the Battle of Clontarf in 1014. Brian’s victory is widely remembered for breaking Viking power in Ireland, although much modern scholarship disputes traditional perceptions. Instead of an international conflict between Irish and Viking, interpretations based on revisionist scholarship consider it a domestic feud or civil war. Counterrevisionists challenge this view and a long-standing and lively debate continues. Here, we introduce quantitative measures to the discussions.We present statistical analyses of network data embedded in the text to position its sets of interactions on a spectrum from the domestic to the international. This delivers a picture that lies between antipodal traditional and revisionist extremes; hostilities recorded in the text are mostly between Irish and Viking—but internal conflict forms a significant proportion of the negative interactions too

    From Picts to Parish: Stable isotope evidence of dietary change at medieval Portmahomack, Scotland

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    YesIn this study, period-specific dietary trends, along with socio-economic and religious influences on foods consumed by Pictish and medieval inhabitants from Portmahomack are investigated. Bone collagen from human adults (n = 137) and fauna (n = 71) were analysed for stable carbon and nitrogen isotope ratios to enable dietary reconstructions of the whole adult skeletal assemblage. Adult mean δ13C and δ15N values from all periods (6th to 17th century) were −19.5‰ ± 1.3‰ and 13.3‰ ± 1.7‰ respectively. A diachronic change in diet between early medieval Pictish lay and monastic communities (periods 1–3) and the later medieval parish layfolk (periods 4–5) was found that suggests changing socio-economic and religious influences, along with age and gender differences in diet that reflect possible divisions in labour and status. Faunal data also reflected a diachronic change in diet, most likely related to a change in animal husbandry practices over time. This is the first large-scale study on the Portmahomack assemblage and presents new isotope data to provide a more comprehensive insight into Pictish and medieval subsistence patterns, along with evidence of how religious and social foci may influence diet over time. Such comprehensive investigations can only be adopted by analysing the whole skeletal assemblage, providing robust faunal baselines and inter- and intra-site comparisons. Most importantly, this significant new evidence fundamentally changes our knowledge of diet and subsistence in medieval Scotland and the potential influences therein.Supported by grants from the NERC Isotope Geosciences Facility Steering Committee (IP‐1302‐0512), the Arts and Humanities Research Council (AH/I019103/1), and Historic Scotland (AMJ/4208/4)

    Creating and curating an archive: Bury St Edmunds and its Anglo-Saxon past

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    This contribution explores the mechanisms by which the Benedictine foundation of Bury St Edmunds sought to legitimise and preserve their spurious pre-Conquest privileges and holdings throughout the Middle Ages. The archive is extraordinary in terms of the large number of surviving registers and cartularies which contain copies of Anglo-Saxon charters, many of which are wholly or partly in Old English. The essay charts the changing use to which these ancient documents were put in response to threats to the foundation's continued enjoyment of its liberties. The focus throughout the essay is to demonstrate how pragmatic considerations at every stage affects the development of the archive and the ways in which these linguistically challenging texts were presented, re-presented, and represented during the Abbey’s history

    Aspects of early Irish ecclesiastical organisation

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    THESIS 2853.1THESIS 2853.

    English and Pictish Terms for Brooch in an 8th-century Irish Law-Text

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    THIS paper seeks to draw to the attention of archaeologists, art historians, and others interested in material culture, some hitherto overlooked references to brooches in Old Irish legal texts of the 8 th and 9 th centuries. Of particular interest in these references is the fact that they include Old English and Pictish words for brooches, showing an awareness on the part of the Irish intelligentsia of the elite metalworking of their neighbours in the British Isles. The extent to which this borrowed terminology reflects an appreciation of English and Pictish brooch-types different from the Irish pseudo-penannular of the 8 th century is also discussed

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    pp. 199-20
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