Arts and Humanities Commons^™

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but even …

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and the minority—as they …

Reflections On Tom Regan And The Animal Rights Movement That Once Was, Gary L. Francione

Between the Species

No abstract provided.

The First Special Issue Of Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

The Covenant Of Deuteronomy And The Study Of The Ancient Israelite Jurisprudence, Kenneth C. Anyanwu

Seton Hall University Dissertations and Theses (ETDs)

“Happy are those whose way is blameless, who walk in the law of the Lord. Happy are those who keep his decrees, who seek him with their whole heart,who also do no wrong, but walk in his ways. (Psalm 119: 1 – 3)

All through the ages, law and justice has been a condition for a smooth, egalitarian and peaceful society. A society devoid of law and justice is not only unthinkable but a bedlam of chaos, anarchy and disorder. No wonder the ancient Greek philosopher and sage, Aristotle said, “At his best, man is the noblest of all animals; …

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Master's Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.

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 …

Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley

The Goose

Review of Margery Fee's Literary Land Claims: The “Indian Land Question” from Pontiac’s War to Attawapiskat.

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

Publications and Research

No abstract provided.

Exploring The Political Impact Of Literature And Literary Studies In American Government, Taylor Dereadt

Master's Theses and Doctoral Dissertations

This thesis explores the role of literature and practices of literary study in American government. Specifically, it looks at how the President’s Council on Bioethics (PCBE) and the Supreme Court have deliberately embraced the humanities to fulfill their respective responsibilities. I begin by examining the interpretive practices these groups employ, then turn to lists of recommended reading published by the PCBE and Justice Anthony Kennedy. I investigate how their endorsements of texts such as Narrative of the Life of Frederick Douglass, My Antonia, Adventures of Huckleberry Finn, and To Kill a Mockingbird promote certain constructions of traditional American values that …

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 …

Problems With Using Statistics To Justify Institutional Policies, Justin Shin

Senior Projects Spring 2017

It is becoming increasingly common for institutions to use statistics to inform policy decisions. We should be prepared to ask ourselves what regulatory principles should be imposed on institutions that seek to justify certain policies through deference to a statistical analysis. This paper will examine the difficulties that come with using statistics to justify actions, and argue that certain standards of transparency and verifiability should be expected from any institution that seeks to involve a statistical analysis in the formation of policies. I will first use Market Share Liability, an established use of statistics, to draw out what responsibilities an …

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” …

Viking Nobility In Anglo-Saxon England: The Expansion Of Royal Authority Through The Use Of Scandinavian Accommodation And Integration, Lauren Marie Doughty

LSU Doctoral Dissertations

This project seeks to understand the transformative period in Anglo-Saxon England between the ninth to eleventh centuries. During these centuries, Anglo-Saxon kings extended their royal power through the manipulation of Scandinavian ethnicity by using the mechanisms of accommodation, integration and appeasement as well as the incorporation of female royal power. Anglo-Saxon kings such as Alfred the Great, Æthelræd the Unræd, and Cnut were challenged by various hindrances from expressing their full royal authority, including the rise of an independent nobility, economic difficulties and invasions. Despite intrinsic limitations on their rule, kings such as Alfred, Æthelræd and Cnut sought to expand …