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Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Troubled Waters: Diana Nyad And The Birth Of The Global Rules Of Marathon Swimming, Hadar Aviram
Hadar Aviram
On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues …
A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry
A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry
Deana Perry
No abstract provided.
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
My “Country” Lies Over The Ocean: Seasteading And Polycentric Law, Allen P. Mendenhall
Allen Mendenhall
This essay considers the implications of the Seasteading Institute upon notions of law and sovereignty and argues that seasteading could make possible the implementation or ordering of polycentric legal systems while providing evidence for the viability of private-property anarchism or anarchocapitalism, at least in their nascent forms. This essay follows in the wake of Edward P. Stringham’s edition Anarchy and the Law and treats seasteading and polycentric law as concrete realities that lend credence to certain anarchist theories. Polycentric law in particular allows for institutional diversity that enables a multiplicity of rules to coexist and even compete in the open …
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
Angela Fernandez
This article is about a fraternal order operating in the first half of the Nineteenth Century in New York called “The Ancient and Honorable Court of Dover.” This group organized a mock trial, probably in 1834, to prosecute one of its members. A prosecutor was appointed and the President of the group gave a long speech. At issue was whether or not non-members could participate in the trial. After a description of these records and an account of their discovery, this article explains who the individuals involved in the trial were, Jacksonian politicians and lawyers with connections to the Custom …
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
Angela Fernandez
This article is about a fraternal order operating in the first half of the Nineteenth Century in New York called “The Ancient and Honorable Court of Dover.” This group organized a mock trial, probably in 1834, to prosecute one of its members. A prosecutor was appointed and the President of the group gave a long speech. At issue was whether or not non-members could participate in the trial. After a description of these records and an account of their discovery, this article explains who the individuals involved in the trial were, Jacksonian politicians and lawyers with connections to the Custom …
'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall
'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall
Allen Mendenhall
Law-and-literature scholars have paid scant attention to E. M. Forster’s oeuvre, which abounds in legal information and which situates itself in a unique jurisprudential context. Of all his novels, A Passage to India (1924) interrogates the law most rigorously, especially as it implicates massive programs of ‘liberal’ imperialism and ‘humanitarian’ intervention, as well as less grand but equally dubious legal apparatuses – jail, bail, discovery, courtrooms – that police and pervert Chandrapore, the fictional Indian city in which the novel is set. The study of law in Anglo-India is particularly telling, if troubling, because India served as ‘a model for …
A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst
A Good Score?: Examining 20 Years Of Drug Courts In The United States And Abroad, Kimberly Y.W. Holst
Kimberly Y.W. Holst
In 2009, we saw the passing of the twentieth anniversary of drug courts in the United States, this timing presents an opportune moment to review the state of drug courts in the United States and the development of drug courts internationally. While the United States has served as a model and a leader in the creation and development of drug courts, countries all over the world have tweaked the United States’ model and have altered the landscape in the structure and development of drug courts. Section II of this article briefly discusses the development and current status of drug courts …
Speech Torts, Deana Ann Pollard Sacks
Speech Torts, Deana Ann Pollard Sacks
Deana A Pollard
Tort liability for speech raises important concerns about federalism, self-government, and autonomy. The Supreme Court has resolved the free speech-tort law conflict in a number of cases by balancing the nature of the speech subject to tort liability against the nature of the state’s interest in imposing tort liability, then “constitutionalizing” the tort to meet First Amendment demands by raising the burden of proof to establish a prima facie case. The Supreme Court has repeatedly denied review of tort liability for speech based on a theory of negligence, and most lower courts have adopted a categorical approach to immunize violent …
“Why Rebottle The Genie?”: Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
“Why Rebottle The Genie?”: Capitalizing On Closure In Death Penalty Proceedings, Jody L. Madeira
Jody L Madeira
Closure, though a term with great rhetorical force in the capital punishment context, has to date evaded systematic analysis, instead becoming embroiled in ideological controversy. For victims who have rubbed the rights lamp for years, inclusion in capital proceedings and accompanying closure opportunities are perceived as a force with the potential to grant wishes of peace and finality. Scholars, however, argue for rebottling the closure genie lest closure itself prove false or its pursuit violate a defendant’s constitutional rights. In order to effectively appraise the relationship of closure to criminal jurisprudence, however, and thus to decide whether and to what …
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Eric A. Engle
This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …
"Nigger": A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Shayne E. Jones, Gregory S. Parks
"Nigger": A Critical Race Realist Analysis Of The N-Word Within Hate Crimes Law, Shayne E. Jones, Gregory S. Parks
Shayne E Jones
On a 2005 summer morning, Nicholas “Fat Nick” Minucci (White) beat Glenn Moore (Black) with a baseball bat and robbed him. During the assault, Minucci repeatedly screamed the N-word. At trial, Minucci’s attorney argued that he had not committed a hate crime. The essence of the defense’s argument was that Minucci’s use of the N-word while assaulting and robbing Moore was not indicative of any bias or prejudice. The defense went on to indicate that Minucci had Black friends, was immersed in Black culture, and employed the N-word as part of his everyday vocabulary. Two Black men—Gary Jenkins (hip hop …
When Obscenity Discriminates, Elizabeth M. Glazer
When Obscenity Discriminates, Elizabeth M. Glazer
Elizabeth M Glazer
When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine’s infliction of first generation, or status discrimination against sexual minorities by conflating “sex” – and the prurient representation of sex that constitutes obscenity – and “sexual orientation.” Civil rights lawyers and scholars have turned their attentions away from “first generation” discrimination,” where groups experience discrimination on the basis of their status, and toward “second generation” discrimination, where groups experience discrimination for failing to downplay or …
When Obscenity Discriminates, Elizabeth M. Glazer
When Obscenity Discriminates, Elizabeth M. Glazer
Elizabeth M Glazer
When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine’s infliction of first generation, or status discrimination against sexual minorities by conflating “sex” – and the prurient representation of sex that constitutes obscenity – and “sexual orientation.” Civil rights lawyers and scholars have turned their attentions away from “first generation” discrimination,” where groups experience discrimination on the basis of their status, and toward “second generation” discrimination, where groups experience discrimination for failing to downplay or …