Arts and Humanities Commons^™

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen

Dr Jennifer M Nielsen

Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …

An Observation On The Supreme Court Decision Of Prayer In Public Schools, Engel Vs. Vitale, David C. Taylor Jr

David C Taylor Jr

This paper explores areas of the 1962 Supreme Court decision of Engel vs. Vitale on the subject of Prayer in public schools. There will be a discussion of the historical background, the arguments given, and the support given for the basis of the Court’s decision. There will also be a discussion on the dissenting view of the Court, and a discussion of whether or not this was a liberal or conservative approach to interpreting the Constitution of the United States.

Holmes And Dissent, Allen P. Mendenhall

Allen Mendenhall

Holmes saw the dissent as a mechanism to advance and preserve arguments and as a pageant for wordplay. Dissents, for Holmes, occupied an interstitial space between law and non-law. The thought and theory of pragmatism allowed him to recreate the dissent as a stage for performative text, a place where signs and syntax could mimic the environment of the particular time and place and in so doing become, or strive to become, law. Holmes’s dissents were sites of aesthetic adaptation. The language of his dissents was acrobatic. It acted and reacted and called attention to itself. The more provocative and …

The Balanced Scorecard: An Intentional Academic Fraud?, David Randall Jenkins

David Randall Jenkins

The Kaplan and Norton 1992 Balanced Scorecard was intentionally structured to aid an Informal Capital Market Cartel in search of the next John Maynard Keynes.

'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 …

Reducing The Impact Of Ethnic Tensions On Economic Growth – Economic Or Political Institutions?, Atin Basu Choudhary, Jim Bang, Michael Reksulak

Atin Basu Choudhary

We use a standard growth regression model and show that ethnic tensions reduce per capita growth rates. We also find evidence that “good” economic and political institutions improve per capita growth rates. More importantly, good economic institutions mitigate the effect of ethnic tensions on per capita growth while good political institutions do not. Consequently, it is foremost capitalist freedom that promotes peace and development.

Law As Referent, Craig G. Bateman

C. G. Bateman

In this article I suggest that “the Law,” (hereinafter the LAW) can be most functionally understood as a conglomeration of referent ideals which emanate from the minds of law creators, and are the source of what we regularly understand as laws. I separate from the concept of the LAW the usual suspects of constitutions, codes, acts, and charters, etc. I separate these from their inceptional ideals and suggest we ascribe a label to these familiar kinds of categories such as “lower order laws,” being careful to confine our discussions of them with the exclusive use of a small “l” (law), …

The Decalogue Before Mount Sinai, Jo Ann Davidson

Jo Ann Davidson

No abstract provided.

Addressing Domestic Violence Through The Law: A Guide To - The Protection Of Women From Domestic Violence Act, 2005, Saumya Uma

Dr. Saumya Uma

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

Dred Scott Vs. The Dred Scott Case: History And Memory Of A Signal Moment In American Slavery, 1857-2007, Adam Arenson

Adam Arenson

The Dred Scott Case centered on the Scott family—Dred and Harriet, and their daughters Eliza and Lizzie—but in the recorded history, after March 6, 1857 the Scotts suddenly fade, as if their lives ended that day in the courthouse. They did not. Elsewhere I have examined how the Dred Scott decision catalyzed the transformation of St. Louis politics, turning Missouri toward gradual emancipation just as the South’s proslavery advocates were declaring victory. And I have described how the Scotts’ lives were recovered to memory through the actions spearheaded by their descendents. Here I chronicle how the legacies of the Dred …

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.

Law, Economics, And Religion, Vikas Kumar

Vikas Kumar

No abstract provided.

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.

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.

"Dirty Hands Revisted: Morality, Torture, And Abu Ghraib", Scott R. Paeth

Scott R. Paeth

No abstract provided.

Transgressive Sanctity: The Abrek In Chechen Culture, Rebecca Gould

Rebecca Gould

The ancient tradition of the abrek (bandit) was developed into a political institution during the second half of the nineteenth and early twentieth century by Chechen and other Muslim peoples of the Caucasus as a strategy for dealing with the overwhelming military force of Russia's imperial army. During the Soviet period, the abrek became a locus for oppositional politics and arguably influenced the representations of violence and anti-colonial resistance during the recent Chechen Wars. This article is one of the first works of English-language scholarship to historicize this institution. It also marks the beginning of a book project entitled A …

La Morte Come Pena: Law, Death Penalty, And State Of Exception, Maurizio Vito

Maurizio Vito

My paper deals with a peculiar form of the State of Exception, namely the one that came to light with the death penalty, when this punishment first appeared in Italy during the Middle Ages. In his book La morte come pena. Saggio sulla violenza legale, Italo Mereu analyzes the main reasons that led to its introduction into the Italian penal system up to the moment in which, some six centuries later, it was banned. The point I will make is that a state punishment, such as the death penalty is possible only if the law opens up a space that …

Environmentalism In Indonesian Politics, Robert Cribb

Robert Cribb

Environmential politics emerged in Indonesia during the autheoritarian Suharto era. Rather than being a reaction to Suharto's predatory approach to the environment, many environmental policies were closely tied to the managerial, technocratic and campaign-oriented approach of the New Order.

Between Law And Grace: Ritual And Ritual Studies In Recent Evangelical Thought, Gerald Klingbeil

Gerald Klingbeil

No abstract provided.

No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt

Lisa R Pruitt

Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country’s large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms’ incentives to integrate …

Rosalind Mitchison, The Old Poor Law In Scotland, Michael Graham

Michael F. Graham

No abstract provided.

Education By Example: A Motif In Joseph And Maccabee Literature Of The Second Temple Period, Lawrence E. Frizzell D.Phil.

Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil.

In Jewish tradition the five books of Moses hold the place of honor in Israel's sacred writings as the Torah or "instruction" of God. Some people, even in ancient times, seemed to emphasize the legislative teachings or commandments, so the Greek translators chose the word "Nomos" or "Law" to render Torah. Indeed, laws provide the practical norms whereby people guide their lives and teach their offspring. However, in most cultures legislation has its complement in inspiring narratives. Heroes and heroines of times long past are presented as worthy of imitation. They exemplify the ideal that offers a synthesis about the …

Post-Tefra Holding Company Strategies, David Randall Jenkins

David Randall Jenkins, Ph.D.