Arts and Humanities Commons^™

Judgment, Philippe Nonet

Philippe Nonet

No abstract provided.

Do You Sincerely Want To Be Radical, Phillip Johnson

Phillip Johnson

No abstract provided.

What Is Positive Law, Philippe Nonet

Philippe Nonet

No abstract provided.

The Return Of The Christian Burial Speech Case, Phillip Johnson

Phillip Johnson

No abstract provided.

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …

Book Reviews, Usawc Parameters

The US Army War College Quarterly: Parameters

No abstract provided.

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 …

Justice Done: Outlawry Crimes In Medieval Iceland, Sarah Stapleton

Theses, Dissertations and Capstones

Examining the Grágás and sagas of Medieval Iceland demonstrates that the laws which governed Medieval Iceland were both strict and lawbreakers were punished ruthlessly when those laws were broken. Despite this, the laws protected the injured party and the families, dependents, and mortgagees of outlaws. Outlawry crimes were broken into main categories: honor crimes, violent crimes, and crimes of wealth. By examining the Grágás and sagas one can see how the laws manifested themselves in Icelandic society.

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: …

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 …

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 …

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.

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.

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.

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.

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 …

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.

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …