Digital Commons Network^™

Eating Peas With One’S Fingers: A Semiotic Approach To Law And Social Norms, Bryan H. Druzin

Bryan H. Druzin

From Informed Consent To Patient Choice: A New Protected Interest, Marjorie Maguire Shultz

Marjorie M. Shultz

No abstract provided.

Reproductive Technology And Intent-Based Parenthood: An Opportunity For Gender Neutrality, Marjorie Maguire Shultz

Marjorie M. Shultz

United States. Some emphasis on the Baby M case.

Debating P. C. On Pc, Marjorie M. Shultz

Marjorie M. Shultz

No abstract provided.

Introduction: The Protection Of Law, L. Mcnamara

Luke McNamara

Who needs law’s protection? Who does law protect? Does law need protection from politicised abuses? Can we restore law to a rightful place in the social? Did it ever have one? These were the provocations of the call for papers for the Australasian Law and Society Conference, on the ambiguous and unsettling theme ‘The Protection of Law’. The works featured in this special issue of Law Text Culture have their origins in two events held at the University of Wollongong in 2006 and 2007. The first was that conference, hosted by the University’s Legal Intersections Research Centre and Faculty of …

Songs Of Innocence And Experience: Dominance Feminism In The University, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Performing Interdependence: Judith Butler And Sunaura Taylor In The Examined Life, Kathryn Abrams

Kathryn Abrams

[...] in this essay I will take my bearings not simply from the film but from the text of the larger conversation, though I will consider the way that that text is given a distinctive form of life through the vehicle of the film. [...] they challenge a range of conventional legal assumptions about the body: I will detail these assumptions, and the ways they are interrogated by this conversation, in Part I. Second, this performance of interdependence points toward new, or at least less familiar, ways of deploying the law, a focus I take up in Part II.

Sex Wars Redux: Agency And Coercion In Feminist Legal Theory, Kathryn Abrams

Kathryn Abrams

No abstract provided.

Restoring A Public Focus To Government-Owned Businesses: Is A Duty To The Public The Answer?, Victoria Baumfield

Victoria Baumfield

Commercialised government business enterprises (GBEs) have proliferated in recent years. In some cases, profitability has been accorded too much prominence, while the public’s concerns are ignored. This paper proposes that the pendulum has swung too far in favour of treating GBEs like regular businesses, with no regard for their public interest functions. Existing accountability measures must be strengthened. The ministerial responsibility model is insufficient to ensure that GBEs are managed in ways that take account of public concerns. Building on the public trust model, new approaches are required to ensure that GBEs do not neglect their duty, as governmental bodies, …

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.

Do Not Disturb: A Practical Guide For What Not To Do Around Cemeteries And Human Remains For The Louisiana Energy And Land Use Practitioner, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.

How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann

Ryan M Seidemann

No abstract provided.

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

You Wouldn’T Download A Car?: How Law-Makers Miss The Point On Internet Piracy, Jason Yoakam

Jason Yoakam

No abstract provided.

When A Robot Can Love - Blade Runner As A Cautionary Tale On Law And Technology, Shulamit Almog

Shulamit Almog

This paper examines Ridley Scott's 1982 film Blade Runner as a cautionary tale relating to the role of law in technology augmented environment.Blade Runner presents a regime that uses law first in order to create beings withe superior abilities and pre-determined longevity, and then to define them as non-human or non-beings, devoid of legal personhood, and thus exploitable.

Indigenous Women And Violence In Colombia Agency, Autonomy, And Territoriality, Clara Irazabal, Marcela Tovar-Restrepo

Clara Irazabal

The violence and de/reterritorializing strategies used by armed groups in Colombia disproportionally affect indigenous peoples, especially indigenous women, whose ethno-gender roles, forms of territoriality, agency, and autonomy are being altered. Conflict and new forms of territoriality restrict the satisfaction of ethno-gender-based material needs and interests, with negative impacts on women’s own and their families’ lives. At the same time, they offer some women new roles, agency, and autonomy and empowerment through individual and collective action. Policy makers should strive to open up these windows of opportunity for indigenous women while protecting them from the depredations of war.

A Cidade E A Copa: Exceções Do Estado E Do Direito Em Favor Da Fifa, Rafael De Oliveira Alves

Rafael de Oliveira Alves

Resumo Este trabalho pretende apresentar elementos para análise da cidade contemporânea e suas transformações para receber um megaevento esportivo: a Copa do Mundo Fifa 2014. O texto apoia-se na sistematização proposta por Edward Soja (2008). Logo, [1] os processos de reestruturação pós-fordistas, [2] a segregação socioespacial e [3] os mecanismos de encarceramento são categorias importantes para compreender as transformações urbanísticas nas cidades que serão sede de jogos de futebol em 2014 no sentido da constituição de um Estado de exceção. Pretendemos identificar as mudanças do Estado e do Direito para atender os interesses da Fifa e do capital. Assim, elencaremos …

The Political And Legal Uses Of Scripture, James W. Watts

James Watts

No abstract provided.

Considering Levitical Food Laws, Jiri Moskala

Jiri Moskala

No abstract provided.

How To Effectively Use Responseware In Asynchronous And Synchronous Environments To Meet The Needs Of Digital Natives.Pdf, Jalae Ulicki

Jalae Ulicki

Through The Court’S Eyes: Judicial Perspectives On The Pretrial Process, Gemma Zanowski

Gemma N. Zanowski

Valuable information on pretrial practice.

Asia And Global Competition Law Convergence, David J. Gerber

David J. Gerber

No abstract provided.

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …

Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo

Nick J. Sciullo

Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …

Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell

kirby farrell

Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.

Bypassing Bias: How Law Reviews Circumvent Favoritism, Allen P. Mendenhall

Allen Mendenhall

Could peer-reviewed humanities journals benefit by having student editors, as is the practice for law reviews? Are student editors valuable because they are less likely than peer reviewers to be biased against certain contributors and viewpoints? Student editors of and contributors to law reviews may seem to be the notable exception, but legal scholarship is different from humanities scholarship in ways I address here, and law reviews suffer from biases similar to those endemic to peer-reviewed journals. Nevertheless, law review submission and editing probably have less systemic bias than peer-reviewed journals, but not because students edit them. Rather, law review …

From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall

Allen Mendenhall

Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …

Courts Should Apply A Relatively More Stringent Pleading Threshold To Class Actions, Matthew Lawrence

Matthew B. Lawrence