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Articles 1 - 30 of 99
Full-Text Articles in Arts and Humanities
Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath
Pregnancy Denied, Pregnancy Rejected In Stephanie Daley, Susan Ayres, Prema Manjunath
Susan Ayres
This article offers a reading of Hilary Brougher’s film Stephanie Daley (2006), in which a teen is accused of murdering her newborn (neonaticide). Brougher depicts a “phenomenology of unwanted pregnancy” and an example of therapeutic jurisprudence. Part One examines Brougher’s treatment of the “shadow side of pregnancy,” and highlights barriers to the empathetic treatment of neonaticide. Part Two emphasizes the process of therapeutic jurisprudence as experienced by the two main characters. Brougher’s film provides a social narrative and phenomenology that may influence laws and legal responses and enlarge social understanding of unwanted pregnancy.
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia
Dr Gabriel Garcia
Judgment, Philippe Nonet
Do You Sincerely Want To Be Radical, Phillip Johnson
Do You Sincerely Want To Be Radical, Phillip Johnson
Phillip Johnson
No abstract provided.
What Is Positive Law, Philippe Nonet
Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter
Submission Letter To The Nsw Sentencing Council, David Brown, Julia Quilter
David C. Brown
Re: Bail - Additional show cause offences We refer to the Attorney General's request for the Sentencing Council to consider a proposal to make amendments to the Bail Act 2013 (NSW) ('the 2013 Act') and specifically the Terms of Reference regarding the addition to the categories of offences for which the accused must 'show cause' before bail may be granted. The specific addition under consideration is with respect to an accused charged with a serious indictable offence committed: • while subject to a good behaviour bond, intervention program order, intensive correction order; • while serving a sentence in the community; …
The Return Of The Christian Burial Speech Case, Phillip Johnson
The Return Of The Christian Burial Speech Case, Phillip Johnson
Phillip Johnson
No abstract provided.
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Translation, Power Hierarchy, And The Globalization Of The Concept “Human Rights”: Potential Contributions From Confucianism Missed By The Udhr, Sinkwan Cheng
Sinkwan Cheng
This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human …
Empathy And Judgment, Thomas Morawetz
Empathy And Judgment, Thomas Morawetz
Thomas H. Morawetz
Martha C. Nussbaum, Poetic Justice: The Literary Imagination and Public Life. Boston: Beacon Press, 1996. Pp. xvii, 137. $20. Reclaiming the place of philosophy as a metadiscipline, philosophers have once more assumed the role of mediating boundary disputes among other disciplines. As the boundaries and shapes of various disciplines have grown vague and controversial, that role has become particularly significant and particularly quixotic as well. Those who play this role have many audiences. Some speak primarily to, and about, scholars. Others concern themselves with pedagogy. Still others think about the impact of the disciplines on public officials and public affairs. …
Becoming Belafonte: Black Artist, Public Radical, Judith Smith
Becoming Belafonte: Black Artist, Public Radical, Judith Smith
Judith E. Smith
A son of poor Jamaican immigrants who grew up in Depression-era Harlem, Harry Belafonte became the first black performer to gain artistic control over the representation of African Americans in commercial television and film. Forging connections with an astonishing array of consequential players on the American scene in the decades following World War II—from Paul Robeson to Ed Sullivan, John Kennedy to Stokely Carmichael—Belafonte established his place in American culture as a hugely popular singer, matinee idol, internationalist, and champion of civil rights, black pride, and black power.
In Becoming Belafonte, Judith E. Smith presents the first full-length interpretive …
America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
America's Forgotten Constitutions: Defiant Visions Of Power And Community, Robert Tsai
Robert L Tsai
The U.S. Constitution opens by proclaiming the sovereignty of all citizens: "We the People." Robert Tsai's gripping history of alternative constitutions invites readers into the circle of those who have rejected this ringing assertion--the defiant groups that refused to accept the Constitution's definition of who "the people" are and how their authority should be exercised. America's Forgotten Constitutions is the story of America as told by dissenters: squatters, Native Americans, abolitionists, socialists, internationalists, and racial nationalists. Beginning in the nineteenth century, Tsai chronicles eight episodes in which discontented citizens took the extraordinary step of drafting a new constitution. He examines …
Predictions And Nudges: What Behavioral Economics Has To Offer The Humanities, And Vice-Versa, Anne Dailey, Peter Siegelman
Predictions And Nudges: What Behavioral Economics Has To Offer The Humanities, And Vice-Versa, Anne Dailey, Peter Siegelman
Peter Siegelman
Richard H. Thaler and Cass R. Sunstein, Nudge: Improving Decisions About Health, Wealth, and Happiness. New Haven: Yale University Press, 2008. Pp. 304. $26.00. Dan Ariely, Predictably Irrational: The Hidden Forces That Shape Our Decisions. New York: HarperCollins, 2008. Pp. 280. $25.95. The informed law and humanities reader can hardly fail to be aware that the field of economics has undergone a "behavioral revolution" over the past several decades, and that this revolution has spilled over into the legal academy. Open an economics journal these days and you are likely to find any number of articles billing themselves as "behavioral" …
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
The Road To Mass Democracy: Original Intent And The Seventeenth Amendment, Christopher Hoebeke
Christopher H Hoebeke
Until 1913 and passage of the Seventeenth Amendment to the United States Constitution, US senators were elected by state legislatures, not directly by the people. Progressive Era reformers urged this revision in answer to the corruption of state "machines" under the dominance of party bosses. They also believed that direct elections would make the Senate more responsive to popular concerns regarding the concentrations of business, capital, and labor that in the industrial era gave rise to a growing sense of individual voicelessness. Popular control over the higher affairs of government was thought to be possible, since the spread of information …
Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou
Rtop's Second Pillar: The Responsibility To Assist In Theory And Practice In Solomon Islands, Charles Hawksley, Nichole Georgeou
Nichole Georgeou
This paper explores the implementation of a regional capacity-building program in Solomon Islands, a state that experienced significant violence and political tension between 1998 and 2003. The July 2003 intervention of the Regional Assistance Mission to Solomon Islands (RAMSI) is a useful and relevant case study for understanding the operationalization of Pillar II of RtoP, which the authors have termed the “Responsibility to Assist” (RtoA). While RAMSI has not consciously adopted RtoP language in its operations, the rationale for the intervention included humanitarian as well as wider regional security concerns. The mission’s emphasis on developing the state’s capacities in policing …
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Arthur Mitchell Fraas
This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …
Marriage Rights For Transgender People In Hong Kong: Reading The W Case, John Nguyet Erni
Marriage Rights For Transgender People In Hong Kong: Reading The W Case, John Nguyet Erni
Professor John Nguyet Erni
Beyond Judicial Populism, Anil Kalhan
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia
Ahmed E SOUAIAIA
The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.
In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …
Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley
Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley
Winston E. Langley
Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.
Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg
Emergent Public Discourse And The Constitutional Debate In Tunisia: A Critical Narrative Analysis, Nathaniel Greenberg
Nathaniel Greenberg
The appointment of the Minister of Industry, the so-called “technocrat” Mehdi Jomaa, to form a caretaker government in Tunisia on the eve of the revolution’s third anniversary, threw into stark relief the country’s complex struggle for democracy following the January 14 revolution. The announcement came in the wake of the Islamist party Ennahdha’s sudden renunciation of the Prime Minister’s office in September, ostensibly a sign of cooperation in the face of mounting criticism surrounding the government’s failure to investigate the assassinations of two political opposition figures. A number of Western media outlets, including the New York Times, quickly absorbed the …
Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank Neri, Peter Kell, Chris Gibson, Gordon Waitt, Frank Stillwell
Power To The People: Building Sustainable Jobs In The Illawarra: A Report For The South Coast Labour Council, Mike Donaldson, Scott Burrows, Ann Hodgkinson, Frank Neri, Peter Kell, Chris Gibson, Gordon Waitt, Frank Stillwell
Chris Gibson
13 Februrary, 2009 Green Jobs Illawarra – Outline Brief South Coast Labour Council – Regional Employment Strategy This is a brief of the regional green jobs strategy for consideration at the meeting of the multi-disciplinary group at the University of Wollongong. Naturally the Labour Council welcomes suggestions about the strategy and its implementation. Objective To develop, promote and implement a regional strategy to create jobs in the green and other emerging industries which will form one (important) part of the region’s response to the expected job losses caused by the global economic crisis.
The Legal Ethics Of Radical Individualism, Thomas Shaffer
The Legal Ethics Of Radical Individualism, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Christian Theories Of Professional Responsibility, Thomas Shaffer
Christian Theories Of Professional Responsibility, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny
Development Of Catholic Moral Doctrine: Probing The Subtext, M. Kaveny
M. Cathleen Kaveny
No abstract provided.
Courting Power, Anil Kalhan
A New Introduction To American Constitutionalism, Mark Graber
A New Introduction To American Constitutionalism, Mark Graber
Mark Graber
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Brooklyn Law School: The First Hundred Years, Jeffrey Morris
Brooklyn Law School: The First Hundred Years, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris
Jeffrey B. Morris
No abstract provided.