Arts and Humanities Commons^™

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.

International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner

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

The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …

Male Same-Sex Relations In Socialist China, Wenqing Kang

History Faculty Publications

No abstract provided.

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

All Faculty Scholarship

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.

Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass

All Faculty Scholarship

No abstract provided.

Theatricalizing Law, Marett Leiboff

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

To theatricalize law is to ask lawyers to be aware and responsive to the world that creates them and to be conscious of worlds beyond words. For the theatrical reminds us that law has to see as well as to interpret, and that seeing occurs through the body, even more so than the intellect. Reviewing the work of some of the key scholars whose work engages with the concept of theatricalizing law, this article challenges the presumption of dramatic verities and certainties as the mark of an effective critical form in law. Instead, to think law theatrically challenges knowledge, expectations, …

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

Salafism, Wahhabism, And The Definition Of Sunni Islam, Rob J. Williams

Honors Program: Student Scholarship & Creative Works

My capstone deals with the historical definition of Sunni Islam, and how it has changed in approximately the past 200 years. Around 1800, Sunni Islam was pretty clearly defined by an adherence to one of four maddhabs, or schools of law: the Hanafi, Maliki, Shafi’i, and Hanbali schools and are all based in nearly a millennium of legal scholarship. Since 1800, however, numerous reform movements have sprung up which disavow previous scholarship and interpret Islamic law their own way. However, certain reformist groups, such as Traditionalist Salafis and Wahhabis, claim that their version of Islam is the only “pure” …

The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye

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

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have …

'Civil Wars: A History In Ideas' By David Armitage (Review), Zachary C. Shirkey

Publications and Research

No abstract provided.

The Office, Jessie Anderson, Lauren Sasha Clemmer, Caitlyn Denning, Sara Ferrufino, Daniel Greco, Joshua Harris, Amber Kier, Erika Queme, Sarah Rosa, Hannah Russell, Webb Smith, Katelyn Takacs, Emily Wallis, Chase Alex Watkins, Jordan Wright, Megan Zewe, Courtney Wooten

Student Publications

This newsletter was created by the Fall 2016 Honors English Class from Stephen F. Austin State University. Throughout the semester students were asked to define and interpret the terms "work" and "labor." Through our individual research on different aspects of work and labor, we hope to expand the general spectrum of what encompasses these topics. Works and labor are two important aspects of our culture. They are umbrella terms that encompass many occupational fields and serve as a uniting factor in modern-day society. Aspects of work and labor are observable in an assortment of environments, whether it be through schoolwork …

My Dreaming - Boobera Lagoon - Gamilaroi Country, Phil Duncan, Thawun Birru, Gomeroi Nation

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

2 pages (includes color illustrations)

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

A Critical Analysis Of The Public Sphere: How The Lgbtq Movement Utilizes And Occupies Space In Morocco, Katherine Hirsch

Independent Study Project (ISP) Collection

This paper examines the nature of the LGBTQ movement in Morocco in relation to the theoretical concept of the public sphere. Specifically, it explores what spaces LGBTQ organizations, which do not have access to the public sphere in Morocco, occupy in order to pursue activism. Theory surrounding the public sphere and collective social movements is very much based on a Western perspective, despite claims of universalism. Western theory defines modern social movements by collective action, a unified movement, occupying and the public sphere as a site of resistance. However, this fails to recognize the fact that many people in semi-authoritarian …

Divergent Evolution In The Law Of Torts: Jurisdictional Isolation, Jurisprudential Divergence And Explanatory Theories, James Goudkamp, John Murphy

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

Since the fi rst wave of law-and-economics scholarship in the United States in the early 1970s, scholars have spent a tremendous amount of time trying to come to grips with tort law from a theoretical perspective. Richard Posner was on the crest of that wave, and his voluminous writings 1 revolutionised how tort law is understood. He contended that tort law (as well as the law generally) is best explained on the ground that it maximises societal wealth. Posner, writing together with William Landes, asserted that ' the common law of torts ' should be accounted for ' as if …

"Bush Law 101": Realising Place And Conscious Pedagogy In The Law Curriculum, Amanda Kennedy, Trish Mundy, Jennifer Nielsen

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

In 2012, a team of academics from six universities worked on an OLT-funded project, ‘Rethinking Law Curriculum: developing strategies to prepare law graduates for practice in rural and regional Australia’. The project was motivated by the declining proportion of lawyers being attracted to and remaining in practice in rural and regional Australia. The main outcome of the project was an open education resource designed to sensitise students to the realities of the rural and regional legal practice context in the form of a customisable curriculum package that can be embedded as components within existing units of study, or developed as …

The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room

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

Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between 'intoxication' and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes …

Land And Law In The Age Of Enterprise: A Legal History Of Railroad Land Grants In The Pacific Northwest, 1864-1916, Sean M. Kammer

Department of History: Dissertations, Theses, and Student Research

Federal land subsidies to railroad corporations comprised an important part of the federal government’s policies towards its western land domain in the middle decades of the nineteenth century. In all, Congress granted over a hundred million acres to railroad corporations to subsidize construction of a transcontinental railway network. Long after the last such grant in 1871, these land grants continued to incite political contests in Congress and state legislatures and legal disputes in communities across the West. By the end of the century, railroad corporations had become manifestations not just of the threatening growth of corporate power in the United …

Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia

Honors Scholar Theses

In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

Anti-Zionism In The Courts Is Not Kosher Law, Gregory L. Rose

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

A German court in Wuppertal held last month that an arson attack on a synagogue causing fire damage was not anti-Semitism but political expression. Also in February, five youths who vandalised 300 Jewish graves and a Holocaust monument in Alsace, France, claimed that the action was not motivated by anti-Semitism.

In general, an attack specifically targeting Chinese would be considered anti-Chinese. Only in an exceptional case, it might not be. Why is the exceptional case becoming the rule for Jews, so that targeting Jews as a group is generally not anti-Jewish but “political”?

Legal artifice is being constructed to make …

Questioning Law’S Capacity, Fleur Beaupert, Linda Roslyn Steele

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

The past ten years have witnessed an increased public awareness of the marginalisation and discrimination experienced by people with disability in the Australian legal system, and an associated proliferation of law reform reports on disability law.

The Refugee Limbo: Negotiating The Bar Of Australian Law, Benjamin Hightower

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

Often refugees and asylum seekers are said to be in some sort of limbo: physical, social, and/or legal. This article picks apart the limbo-concept through the expanded metaphor of the Limbo dance; a performance that illustrates an ‘inner history’ that evolved from the conditions aboard the slave ships of the Middle Passage. ‘Playing‘ the Limbo allows the experiences of the slaves to be reenacted: due to the limited space and terrible conditions, slaves had to arch their backs in order to fit inside the ship’s hulls. They had to remain limber or limba before they could re-emerge on the other …

The Moral Choice Of Infamous: Law And Morality In Video Games, Michael Barnett, Cassandra E. Sharp

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

With increasing capacity for real-life simulation, high definition graphics, and complex interactive narrativity, video games now offer a high level of sophisticated engagement for players, which contribute significantly to their widespread popular support. As an extremely prevalent sub-culture of new media, they also provoke jurisprudential investigations. This article acknowledges the culturally constructed nature of playing video games, and helps to explore the normative expectations of law that might be facilitated by the narrative structures inherent within the game itself. It does so by exploring one game series within this framework and asks what meaning can be transformed about issues of …

Through The Looking Glass: The Framing Of Law Through Popular Imagination, Cassandra E. Sharp

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

It has been 150 years since the first publication of Lewis Carroll’s acclaimed children’s fiction Alice’s Adventures in Wonderland,2 and it remains a book that is appreciated widely across culture for its unique representation of the world. Indeed, the enduring quality of both Alice’s Adventures in Wonderland and Through the Looking Glass,3 is evident in the way they have inspired creations of art, theatrical performances,4 judicial decision-making,5 cinematic portrayals,6 videogame plot development,7 and of course, the desire for adventure.

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

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

Following the onset of the Asian Financial Crisis the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries they have disentangled themselves from the conditionality of the IMF and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. This article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF's influence, and explores the potential consequences of the rise of middle-income nations for Law and Development.

Capitalism, Regulation Theory And Australian Labour Law: Towards A New Theoretical Model, Brett Heino

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

This article employs the methodology of the Parisian regulation approach to periodise Australian capitalism into distinct models of development. Within such models, labour law plays a key role in articulating the abstract capitalist need to commodify labour-power with the concrete realities of class struggle. Given the differential ordering of social contradictions and the distinct relationship of social forces within the fabric of each model of development, such formations will crystallise distinct regimes of labour law. This is demonstrated by a study of the two successive models of development that have characterised Australian political economy since the post-Second World War era: …

Facilitating The Participation Of Children In Family Law Processes, Felicity Bell

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

This Discussion Paper was prepared as part of a larger research project, Facilitating the Participation of Children in Family Law Processes, being conducted by the Centre for Children and Young People at Southern Cross University in partnership with Legal Aid NSW.

Institutional Influences On The Parameters Of Criminalisation: Parliamentary Scrutiny Of Criminal Law Bills In New South Wales, Luke J. Mcnamara, Julia Quilter

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

Within criminalisation scholarship, there has been little engagement with the work of ‘real-world’ mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales (‘NSW’) Legislation Review Committee’s findings and recommendations in relation to all criminal law bills during the period 2010–12 and assesses the impact of the Committee’s recommendations on the passage of bills through the NSW Parliament. It considers whether the potential for scrutiny committees to play an effective role in delineating the legitimate boundaries of criminalisation is realised in practice.

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

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

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …