Copyright (c) 2009 All rights reserved. http://works.bepress.com/wilson_huhn Recent documents in Wilson R. Huhn en-us Sat, 14 Nov 2009 13:09:50 PST 3600 http://works.bepress.com/wilson_huhn/56 http://works.bepress.com/wilson_huhn/56 Tue, 05 May 2009 10:17:23 PDT Wilson Huhn Constitutional Law http://works.bepress.com/wilson_huhn/55 http://works.bepress.com/wilson_huhn/55 Tue, 05 May 2009 10:06:14 PDT Wilson Huhn Constitutional Law http://works.bepress.com/wilson_huhn/54 http://works.bepress.com/wilson_huhn/54 Tue, 05 May 2009 09:58:01 PDT Wilson Huhn Constitutional Law http://works.bepress.com/wilson_huhn/53 http://works.bepress.com/wilson_huhn/53 Mon, 04 May 2009 08:39:29 PDT The Slaughterhouse Cases, Bradwell v. Illinois, and Cruikshank v. United States, which were all decided between 1873 and 1876, were the first cases in which the Supreme Court interpreted the 14th Amendment. The reasoning and holdings of the Supreme Court in those cases have affected constitutional interpretation in ways which are both profound and unfortunate. The conclusions that the Court drew about the meaning of the 14th Amendment shortly after its adoption were contrary to the intent of the framers of that Amendment and a betrayal of the sacrifices which had been made by the people of that period. In each case the Court perverted the meaning of the Constitution in ways that reverberate down to the present day. Wilson Huhn Legal History Constitutional Law http://works.bepress.com/wilson_huhn/52 http://works.bepress.com/wilson_huhn/52 Mon, 04 May 2009 08:05:31 PDT Wilson Huhn Legal History Abraham Lincoln Constitution http://works.bepress.com/wilson_huhn/51 http://works.bepress.com/wilson_huhn/51 Fri, 16 May 2008 11:10:12 PDT In his 2007 confirmation hearing before the Senate Judiciary Committee considering his nomination to be Attorney General of the United States, Judge Michael Mukasey refused to address the legality of waterboarding. In my opinion there is no reasonable dispute about this matter. The laws of the United States make waterboarding unlawful in no uncertain terms. Wilson R. Huhn Constitutional Law http://works.bepress.com/wilson_huhn/50 http://works.bepress.com/wilson_huhn/50 Wed, 12 Mar 2008 08:26:01 PDT The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers and judges. Huhn introduces each concept separately, and from many parts Huhn develops an intricate and nuanced theory of what law is. Huhn also shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy) and how to weave the different types of arguments together to make them more persuasive. The Second Edition of this book further develops both the theoretical and practical themes of the work. In this edition Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. The book is written in plain language that is easily understood both by lay persons and professionals, and it is organized simply and logically. Reviewers and legal scholars have described the book as "fascinating" and "masterful." The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. Wilson R. Huhn Jurisprudence http://works.bepress.com/wilson_huhn/49 http://works.bepress.com/wilson_huhn/49 Wed, 05 Dec 2007 13:12:08 PST Representative democracy in America faces a serious threat. Our society is becoming increasingly alienated from the political process. A powerful indicator of this is the reduction in voter turnout; participation in presidential elections plummeted from 62.8% in 1960 to 48.9% in 1996. In examining this trend of political alienation in America, it is useful to study the legal premises of the most alienated segment of our body politic: The Patriot Movement.The twin pillars of representative democracy are acceptance of majority rule and respect for the rule of law. The purpose of participating in political activity in a representative democracy is to become part of a majority that is capable of making law. Any segment of society that does not accept as legitimate the law that the majority creates - any group that does not share the norms of majority rule and the rule of law - has no reason to participate in the political life of the community.The Patriot Movement is such a group. The Patriot Movement has contempt for politics and has cut itself off from political debate in this country. Its members reinforce their own beliefs without listening to others. They believe that the national news media is "nothing but the official mouthpiece of the government," and have adopted "alternative system[s] of communication: mail order book services, computer bulletin boards, gun shows, Bible camps, pamphlets, periodicals and short-wave broadcasts . . . ." The alienation of the Patriot Movement is not idiosyncratic. Rather, it is symptomatic of a larger pattern. The Patriot Movement is merely an extreme example of political alienation in American society. In the conclusion of this Article, I describe six ways to counter the political alienation typified by the Patriot Movement, thereby strengthening the processes of representative democracy. Wilson R. Huhn Jurisprudence http://works.bepress.com/wilson_huhn/34 http://works.bepress.com/wilson_huhn/34 Wed, 28 Nov 2007 14:20:55 PST Wilson R. Huhn Legal History Constitutional Law http://works.bepress.com/wilson_huhn/33 http://works.bepress.com/wilson_huhn/33 Wed, 28 Nov 2007 14:15:41 PST Wilson R. Huhn Constitutional Law