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Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert

Professor Nan Seuffert

Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …

A Biblical Theology Of Power, Lynn R. Buzzard

Lynn R. Buzzard

No abstract provided.

Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

This paper explores the international law principles relevant to situations of sovereign bankruptcy. The paper argues for these principles to be kept in mind during debate over the handling of situations of actual or pending sovereign debt such as the EU is now experiencing with Greece.

Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren

Mathias Alfred Jaren

The thesis for this essay is that social work, acting for the benefit and welfare of others, can be accomplished effectively by non-lawyers employing an agenda of political and legal interventions. Legal interventions even as uncomplicated as filing an amicus curiae brief for some unknown defendant being prosecuted for an offense against his government can have significant and important long term implications. This thesis is examined in the context of a life devoted to civil liberties - The Life and times of Roger Nash Baldwin.

Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.

Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

The paper explores modern intenational law principles applicable to situations of soverign debt crises and the manner in which such crises should be resolved.

Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid

Ali M Abid

Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …

The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan

Barry Sullivan

Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.

Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta

Jesse Busta

This Note, entitled UNESCO’s Cultural Heritage Lists: Protecting Indigenous Traditional Sports and Games, will be the first to examine fully from a legal perspective a proposal to develop a means for protecting indigenous traditional sports and games, which are a valuable asset to all humanity. Protections are needed for indigenous traditional sports and games due to the harmful effects of globalization and the deviation of today’s people from their ancestors’ traditions. Currently, only tangible cultural heritage and limited intangible cultural heritage are protected by the United Nations Educational, Scientific, and Cultural Organization (“UNESCO”). Cultural heritage forms the backbone of human …

Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser

Mark Strasser

In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …

Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro

Juan Castro

In this paper I will present the historical background of the current Greek economic crisis. I will delve into the causes of the fiscal and current-account deficits since Greece’s euro entry in 2001. In addition to the economic and financial information provided, I will also present cultural aspects and differences between Greece and its surrounding neighbors, primarily Germany, and how moral hazard has exacerbated the conflict. Further I will discuss the legality of the countermeasures and solutions presented and how these encroach upon European Union law treaties. Lastly I will conclude that in order for Greece and Germany to stabilize …

South Hadley Falls: Report On The Public Process, Elizabeth Brabec, Mark Hamin

Elizabeth Brabec

The goals of this design and visioning process were:

• to identify a common vision for the future of South Hadley Falls;

• to identify opportunities for future growth, change and development that are appropriate to the vision; and

• to consider creative visions to identify alternative outcomes.

Spread over a period of months from September 2011 through February 2012, the process was composed of four activities:

1. an initial information gathering phase of documentary research into the history, background and demographics of the community;

2. a visit to and discussions with residents;

3. a community design charrette to discuss …

Dropped In Tripoli; Exploded In New York: Assessing The Collateral Consequences Of Nato’S [Mi]Sleading Intervention In Libya, Eberechi Ifeonu

Eberechi Ifeonu

Few days after the bloodied former Libyan President, Colonel Muammar al-Gaddafi was arrested and hurled into a steaming vehicle and subsequently killed by his captors – an image that not only became an instant hit on YouTube but nearly bested that of the pop sensation, Justin Bieber – NATO announced the end of its “humanitarian mission” in Libya. While the mood in the African region, at best, was that of subdued resignation, in the West, there was a palpable air of accomplishment as leaders and the media celebrated what was regarded as the epiphany of a renewed commitment by the …

A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry

Deana Perry

No abstract provided.

Aesthetics And Human Rights, Winston Nagan, Aitza Haddad

Winston P Nagan

This article seeks to contribute to a better understating of the relationship between aesthetics and fundamental human rights. The initial challenge was to develop a more clarified conception of aesthetics as a social process in order to better mark those aspects of aesthetics that have clear human rights implications. This required us to contextualize the aesthetics process in terms of the generally accepted model of communications theory, and then to deepened the inquiry using this model as the broad architectural foundation for unpacking the social process of aesthetics. These ideas were put into the context of significant contributions from the …

The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott

Ryan W. Scott

The “information sharing” model, a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. Armed with that information, judges can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view, arguing that information sharing suffers from three fundamental weaknesses as an alternative to …

Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman

Kimberly L. Alderman

Government agencies, non-profits, scholars, and advocacy groups alike assert that organized crime dominates the illicit antiquities trade. The illicit antiquities trade has been linked to money laundering, extortion, the drug and arms trades, terrorism and insurgency, and even slavery. This Article considers the connection between organized crime and the illicit antiquities trade, examines known criminal subcultures and evidence of their involvement in the trade, and analyzes lateral cooperation between loosely organized criminal groups. Finally, the Article poses the broader question of whether this lateral cooperation suggests that the antiquities trade as a whole operates as an organized criminal industry.

Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber

Diane Webber

More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …

A Problem Of Power: The Impact Of Modern Sovereignty On The Rule Of Law In Comparative And Historical Perspective, Bruce P. Frohnen

Bruce P Frohnen

No abstract provided.

The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson

Jerry L. Anderson

In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …

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 …