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Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Mateo Taussig-Rubbo
Numerous scandals arising from the United States government's increased use of armed private military contractors have drawn attention to the contractors' legally ill-defined position. But the complexity of the contractors' relation to various bodies of law and doctrine - including military law, international law, state tort law, employment law, and sovereign immunity - is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans' imaginings about those who kill and are killed on behalf of the nation. In this understanding, there is a mutually constitutive relationship between …
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
Matthew Steilen
This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker’s …
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Michael Boucai
In the years immediately following the Stonewall riots of June 1969, a period when "gay liberation" rather than "gay rights" described the ambitions of a movement, at least ten same-sex couples across the United States applied or attempted to apply for marriage licenses. All were refused except for two men in Texas, one of whom apparently looked convincing in a miniskirt, a wig, and false eyelashes. Lawsuits ensued in five states, and four made their way to and beyond trial.'
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
Samantha Barbas
In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to sue in tort and recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of "matter concerning the private life of another" would be highly offensive to a reasonable person and the matter is not "of legitimate concern to the public." If the disclosed subject matter is of legitimate public concern, the newsworthiness privilege immunizes the disclosure. However, …
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Samantha Barbas
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …
Response: Interpretation Is Not A Theoretical Issue, Stanley Fish
Response: Interpretation Is Not A Theoretical Issue, Stanley Fish
Stanley Fish
Let me begin by taking up three issues raised by Professor Seaton: (1) the relationship between interpretation and intention; (2) the relationship between literary and legal study; and (3) the relationship between theoretical accounts of a practice-law, literature, or anything else-and the performance of that practice. For Professor Seaton, these and related topics fall under the general rubric of "theories of interpretation," and he promises at the beginning of his paper to explore the theories of interpretation articulated by Dworkin, Fish, and Posner. The first thing to say is that I don't have a theory of interpretation, or, rather, my …
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk
Catherine Fisk
The death of the author was announced in literary circles quite some time ago. Rumors of the author's demise were, in my view, premature. The author isn't dead; he just got a job. Unfortunately, as if in a company-man dystopia, he has been subsumed into the identity of his corporate employer. His disappearance is by now almost complete. Although he has gone on writing, the corporation has become the author of his oeuvre. Yet the desire both to create and to be recognized as a creator is irrepressible. The creative process is both inherently individual and inescapably social. So even …