Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (40)
- Religion (19)
- Social and Behavioral Sciences (17)
- History (15)
- Philosophy (13)
-
- Legal History (9)
- Economics (7)
- Jurisprudence (7)
- Political Science (7)
- Biblical Studies (6)
- Business (6)
- Feminist, Gender, and Sexuality Studies (6)
- Law and Society (6)
- Religious Thought, Theology and Philosophy of Religion (6)
- American Studies (5)
- Race, Ethnicity and Post-Colonial Studies (5)
- Continental Philosophy (4)
- English Language and Literature (4)
- Law and Gender (4)
- Women's Studies (4)
- Christianity (3)
- Civil Rights and Discrimination (3)
- Constitutional Law (3)
- Ethics and Political Philosophy (3)
- History of Art, Architecture, and Archaeology (3)
- Human Rights Law (3)
- International Law (3)
- Other Feminist, Gender, and Sexuality Studies (3)
- Political Theory (3)
- Institution
- Publication Year
- Publication
-
- Allen Mendenhall (3)
- David Randall Jenkins (3)
- Lowell Bautista (3)
- David Randall Jenkins, Ph.D. (2)
- Dr. Saumya Uma (2)
-
- Felice J Batlan (2)
- Nick J. Sciullo (2)
- Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil. (2)
- Adam Arenson (1)
- Alev Dudek (1)
- Ashok Agrwaal (1)
- Atin Basu Choudhary (1)
- C. G. Bateman (1)
- Cary Federman (1)
- Chad M. Bauman (1)
- Daniel A Farber (1)
- David C Taylor Jr (1)
- David Ingram (1)
- Dr Gabriel Garcia (1)
- Dr Jennifer M Nielsen (1)
- Gerald Klingbeil (1)
- Hadley Ajana (1)
- Holly Doremus (1)
- James Watts (1)
- Jiri Moskala (1)
- Jo Ann Davidson (1)
- Karen H. Rothenberg (1)
- Keith Abney (1)
- Lisa R Pruitt (1)
- Mark C Modak-Truran (1)
Articles 1 - 30 of 58
Full-Text Articles in Arts and Humanities
The Real Legal Realism, Michael S. Green
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Cary Federman
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …
Sexual Misconduct, Religion, And Culture, Alev Dudek
Sexual Misconduct, Religion, And Culture, Alev Dudek
Alev Dudek
The Resettlement Of Vietnamese Refugee Religious, Priests, And Seminarians In The United States, 1975–1977, Tuan Hoang
The Resettlement Of Vietnamese Refugee Religious, Priests, And Seminarians In The United States, 1975–1977, Tuan Hoang
Tuan Hoang
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Felice J Batlan
Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr
Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr
Richard Mohr
Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …
Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass
Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass
Felice J Batlan
No abstract provided.
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
Tessa Kansas
Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman
Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman
Chad M. Bauman
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Quentin Hanich
No abstract provided.
'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg
'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg
Matilda Arvidsson
FOREWARD: GARDENS OF JUSTICE
Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg
Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens …
Legitimation, Mark C. Modak-Truran
Legitimation, Mark C. Modak-Truran
Mark C Modak-Truran
This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Lowell Bautista
In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
Lowell Bautista
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 …
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Lowell Bautista
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Robot Ethics: Mapping The Issues For A Mechanized World, Patrick Lin, Keith Abney, George Bekey
Robot Ethics: Mapping The Issues For A Mechanized World, Patrick Lin, Keith Abney, George Bekey
Keith Abney
As with other emerging technologies, advanced robotics brings with it new ethical and policy challenges. This paper will describe the flourishing role of robots in society—from security to sex—and survey the numerous ethical and social issues, which we locate in three broad categories: safety & errors, law & ethics, and social impact. We discuss many of these issues in greater detail in our forthcoming edited volume on robot ethics from MIT Press.
Covenant, Eucharist And Commandment Of Love, Lawrence E. Frizzell D.Phil.
Covenant, Eucharist And Commandment Of Love, Lawrence E. Frizzell D.Phil.
Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil.
Cycle C liturgical readings for the Fifth Sunday of Easter, April 28, 2013: Acts 14:21-27; Ps 148:8-13; Rv 21:1-5; Jn 13:31-35.
This article was previously published in The Catholic Advocate.
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
“Ahead Of The Lawmen”: Law And Morality In Disney Animated Films 1960–1998, Nehal A. Patel
Nehal A. Patel
This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings …
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Professor Ben M Tsamenyi
No abstract provided.
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
How Do We Deal With All The Bodies? A Review Of Recent Cemetery And Human Remains Legal Issues, Ryan M. Seidemann
Ryan M Seidemann
No abstract provided.
The Political And Legal Uses Of Scripture, James W. Watts
The Political And Legal Uses Of Scripture, James W. Watts
James Watts
No abstract provided.
Considering Levitical Food Laws, Jiri Moskala
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …
Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo
Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo
Nick J. Sciullo
Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
From Natural Law To Natural Inferiority: The Construction Of Racist Jurisprudence In Early Virginia, Allen P. Mendenhall
Allen Mendenhall
Science informed American jurisprudence during the age of the Revolution. Colonials used science and naturalism to navigate the wilderness, define themselves against the British, and forge a new national identity and constitutional order. American legal historians have long noted the influence of science upon the Founding generation, and historians of American slavery have casually noted the influence of science upon early American racism as organized and standardized in slave codes. This article seeks to synthesize the work of American legal historians and historians of American slavery by showing how natural law jurisprudence, anchored in scientific discourse and vocabulary, brought about …
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus
Holly Doremus
Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia
Dr Gabriel Garcia
During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …