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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 …
Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores
Who Shot Ya: Rap Beef "Diss" Tracks And The First Amendment., Andres Flores
ANDRES FLORES
The purpose of this Article is to add to the volume of scholarly work in the area of First Amendment protections for rap artists who create so called “diss” songs aimed at disrespecting their competitors and their possible liabilities for such songs. It is evident that rap music has become a permanent part of popular music, and as the market grows smaller and competition gets tougher rap artists must find new ways to break into the industry and stay relevant. One of the ways rap artist do this is by creating a controversy with other, more established rappers. These tactics …
Anton Chekhov’S “Home” And “A Visit To Friends”: The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood
Anton Chekhov’S “Home” And “A Visit To Friends”: The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood
James Downing Redwood
The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …
Anton Chekhov's "Home" And "A Visit To Friends": The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Redwood
James Downing Redwood
The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …
Anton Chekhov's "Home" And "A Visit To Friends": The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood
Anton Chekhov's "Home" And "A Visit To Friends": The Dichotomy Between The Personal And The Professional, Or The Lawyer Subjectified And Objectified, James Downing Redwood
James Downing Redwood
The busy life of the practicing attorney is proverbial and leaves but little room and time for the demands of home. Further, it is equally well known that the lawyer’s training emphasizes the objective over the subjective, the rational and logical over the emotional and personal. This article analyzes two short stories by the renowned Russian author Anton Chekhov, both of which give the reader a practicing lawyer attempting to reconcile the demands of the office with those of the home. In one story the attorney harmonizes the two by becoming more personal and “subjectified,” while in the other work …
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 …
Property, Persona, And Publicity, Deven R. Desai
Property, Persona, And Publicity, Deven R. Desai
Deven R. Desai
This article focuses on a paradox latent within the nature of creative phenomenon: although one can find strong arguments for control over intangible creations during one’s life, these arguments falter if not fail after the creator dies. Two interconnected problems posed by the growth of online creation illustrate the problem. First, unlike analog creations, important digital creations such as emails are mediated and controlled by second parties. Thus although these creations are core intellectual property, they are not treated as such and service providers terminate or deny access to people’s property all the time. In addition, when one dies, some …
Property, Persona, And Publicity, Deven R. Desai
Property, Persona, And Publicity, Deven R. Desai
Deven R. Desai
This article focuses on two interconnected problems posed by the growth of online creation. First, unlike analog creations, important digital creations such as emails are mediated and controlled by second parties. Thus although these creations are core intellectual property, they are not treated as such and service providers terminate or deny access to people’s property all the time. In addition, when one dies, some service providers refuse to grant heirs access to this property. The uneven and unclear management of these creations means that historians and society in general will lose access to perhaps the greatest chronicling of human experience …