Arts and Humanities Commons^™

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 …

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

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 …

Milton's Visionary Obedience, Timothy Irish Watt

Open Access Dissertations

This dissertation is a study of the work of John Milton, most especially of his late poems, Paradise Lost, Paradise Regained, and Samson Agonistes. The early poetry, the prose tracts, and Christian Doctrine are considered in their developmental relation to those late poems. The question my study addresses is this: What does Milton mean by obedience? The critical approach used to address the question is as much philosophical-theological as it is literary. My project seeks to understand the shaping role of Milton's theology on his poetry: that is, to attempt to recreate and understand Milton's thinking on …

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.

Law Formalizes Long Union, Liz Boardman

Lesbian Gay Bisexual Transgender Queer Center

NARRAGANSETT — On Saturday, W. Lynn McKinney and Ronald Margolin of Narragansett met with a wedding planner.

The men have considered themselves married since 1979, but now, with the passage of the civil union law, they can legally tie the knot in Rhode Island.

Issues In Conductive Argument Weight, Thomas Fischer, Rongdong Jin

OSSA Conference Archive

The concept of conductive argument weight was developed by Carl Wellman and later by Trudy Govier. This concept has received renewed attention recently from another informal logician, Robert C. Pinto. Argument weight has also been addressed in recent years by theorists in AI & Law. I argue from a non-technical perspective that some aspects of AI & Law’s approach to argument weight can be usefully applied to the issues addressed by Pinto. I also relate some of these issues to the work of argument theorist Harald Wohlrapp.

Rethinking Legal Retribution, Stephen Parsley

Philosophy Theses

In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.

Robot Ethics: Mapping The Issues For A Mechanized World, Patrick Lin, Keith Abney, George Bekey

Philosophy

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.

Marriage, Power, And The Law In Jaime Humberto Hermosillo's Esmeralda Comes By Night, Osvaldo Di Paolo

disClosure: A Journal of Social Theory

No abstract provided.

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.

Science In Law: Reliance, Idealization & Some Calvinist Insights, David S. Caudill

Pro Rege

Dr. David S. Caudill presented this paper at the Calvinism for the 21st Century Conference at Dordt College, April 2010.

Republicanism And The Foundations Of Criminal Law, Richard Dagger

Political Science Faculty Publications

This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

The Senatus Consultum Ultimum And Its Relation To Late Republican History, Scott Shump

Summer Research

The Late Roman Republic was a period of internal violence and social instability. In response to these crises, the Senate repeatedly passed the senatus consultum ultimum, the ultimate decree of the Senate. This decree empowered magistrates to protect the state through extralegal powers. This decree manifested itself during this period as a method to preserve the power of the traditional elite of the Roman Senate through casting social, political and economic problems as military threats, justifying violent resolution. Thus, the senatus consultum ultimum is a significant aspect of Late Republican politics and serves as a case-study for the symptoms …

Evaluating Women’S Labour In 1990s Japan: The Changing Labour Standards Law, Kirsti Rawstron

Faculty of Arts - Papers (Archive)

This article outlines the legislative changes regarding Japanese working women in the 1990s, specifically the changes to the Labour Standards Law. Th is Law was altered in 1997 (effective 1999) by the removal of a number of provisions known as the Women’s ‘Protection’ Provisions (josei hogo kitei). These gender-specifi c provisions restricted Japanese women from working particular jobs and hours, and limited overtime and holiday work. The role of these gender-specifi c provisions is examined through a collection of articles from four of Japan’s mainstream daily, widely-circulated newspapers: the Asahi Shinbun, the Mainichi Shinbun, the Nihon Keizai Shinbun, and the …

Changing Media Understandings Of Gender Relations: Japan's Equal Employment Opportunity Law In 1985 And 1997, Kirsti Rawstron

Faculty of Arts - Papers (Archive)

This paper examines the portrayal of gender relations and issues in theJapanese media through a case study of discussions in mainstreamnewspapers surrounding the introduction in 1985 of the Equal EmploymentOpportunity Law (EEOL) in Japan. This law was introduced as part of Japan's ratification of the United Nations Convention on the Elimination of AllForms of Discrimination Against Women (CEDAW). The debate surroundingthe changing EEOL is examined through articles from three mainstreamdaily national newspapers, notably the Asahi Shinbun, the Nihon KeizaiShinbun and the Yomiuri Shinbun. The articles reflect and reinforce thechanging cultural understanding of gender relations in Japan over thisperiod. The newspapers …

Engendering Injustice: Drug Laws, Drug Economies, And The Marginalization Of Women In New York State, Kate Mcgee

American Studies Senior Theses

On November 8, 1983, Elaine Bartlett left her apartment in Harlem, and headed to Grand Central Station. There, she met her boyfriend, Nate. They were headed to the Monte Mario Hotel in Albany. To any bystander, they may have looked like any other couple. But Elaine Bartlett knew different. That’s because she had a four-ounce bag of cocaine stuffed down the front of her pants. In 1983, Bartlett was a twenty-six year old woman with four children. A male friend, George Deets—although she knew him as Chris at the time—told her that if she delivered the drugs, she could earn …

Where The Evidence Leads: Teaching Gothic Novels And The Law, Diane Hoeveler

English Faculty Research and Publications

No abstract provided.

Gaps In The Implementation Of Environmental Law At The National, Regional And Global Level, Gregory L. Rose

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

Networked integrated and adaptive approaches to implementation and compliance may be the signature of the emerging generation of environmental law.

The first generation of environmental law saw the creation of specialist environmental administrations and the introduction of a suite of laws for them to administer on environmental impact assessment, pollution control, wilderness conservation and threatened species conservation. This was the generation of the 1972 Stockholm Conference on the Human Environment.

The second generation of environmental law saw a shift in focus to sustainable development, reflecting the increased participation of developing countries in international diplomatic initiatives on the environment. It signified …

Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari

Political Science & Global Affairs Faculty Publications

Nigeria has a long history of violation of human rights. It is commonly believed that human rights violations in Nigeria have colonial roots. In an effort to consolidate and expand their power, the British colonial masters grossly violated the rights of the people in Nigeria. But even 50 years after independence, the Nigerian citizens continue to face constant violations of their basic rights. After independence, Nigeria has experienced a mix of periods of military and civilian rule. The military rule in Nigeria became a symbol of complete authoritarianism. After every military coup, the government suspended the constitution and, thus, absolved …

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

Contingent Constellations: Frederick Douglass And The Fact Freedom, Tomohiro Hori

LSU Doctoral Dissertations

Reading the celebrated Narrative (1845) of Frederick Douglass (1817-95) as well as his second autobiography My Bondage and My Freedom (1855) alongside the theories of freedom including Immanuel Kant’s and G. W. F. Hegel’s among others, this dissertation examines the process through which the young American slave Douglass discovers the idea of freedom and turns it into the primary object of his pursuit to the point that he stakes his life in his famed battle with the overseer Edward Covey. The experience of hearing other slaves’ voices—such as Aunt Hester’s cries and slave songs—opens his eyes to the darkest reality …

'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 …