Arts and Humanities Commons^™

Feminism, Law, And Bioethics, Karen H. Rothenberg

Karen H. Rothenberg

Feminist legal theory provides a healthy skepticism toward legal doctrine and insists that we reexamine even formally gender-neutral rules to uncover problematic assumptions behind them. The article first outlines feminist legal theory from the perspectives of liberal, cultural, and radical feminism. Examples of how each theory influences legal practice, case law, and legislation are highlighted. Each perspective is then applied to a contemporary bioethical issue, egg donation. Following a brief discussion of the common themes shared by feminist jurisprudence, the article incorporates a narrative reflecting on the integration of the common feminist themes in the context of the passage of …

September 11th, John Maynard Keynes, Kenneth J. Arrow, And Me: The Nexus, David Randall Jenkins

David Randall Jenkins, Ph.D.

Judicial Martial Law - Appendix, David Randall Jenkins

David Randall Jenkins

No abstract provided.

Judicial Martial Law, David Randall Jenkins

David Randall Jenkins

No abstract provided.

140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Con Law Center Articles and Publications

This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and historians—the …

Trivialising Justice: Reservation Under The Rule Of Law, Ashok Agrwaal

Ashok Agrwaal

The idea for the paper was born out of a consultation called by the Calcutta Research Group (CRG), on critically engaging with the issue of social justice in India. The discussions ranged over a broad spectrum, from the gritty essence of social justice issues in daily life, to theoretical constructs based upon accepted cannons, to the notion of examining the matter afresh, from first principles. After several false starts, I realised that I was allowing the vastness of the issue to overwhelm me. Finally, I decided to choose a theme and strictly adhere to the limitations imposed by my choice. …

The Word And The State, Hadley Ajana

Hadley Ajana

J.M Coetzee’s Waiting for the Barbarians has been widely interpreted as a political allegory about the use of torture in a security state. This interpretation, though valid, limits the story’s significance. The novel has a broader theme that transcends apartheid and European colonization of Africa in the twentieth century. Coetzee broadcasts a universal message: when words are divorced from truth, the law will not serve justice. This insight applies to contemporary America’s War on Terror.

The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …