Law Commons^™

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

The Real Legal Realism, Michael S. Green

Popular Media

No abstract provided.

''Get Your Asphalt Off My Ancestors!'': Reclaiming Richmond's African Burial Ground, Mai-Linh Hong

Faculty Journal Articles

By treating spatial conflict as one way communities wrestle with the memory and legacy of slavery, this article unites critical landscape analysis, a tool of legal geography, with legal and cultural analysis and recent scholarship on African American reparations. A slave cemetery lay beneath a parking lot in Shockoe Bottom, a neighborhood of downtown Richmond that was once a major slave-trading hub. In recent years, controversy arose over the site’s use, generating racially charged local debate and two failed lawsuits seeking to preserve the site. This article examines the significance of the African Burial Ground controversy by analyzing its symbolic, …

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Preparing Law Graduates For Rural And Regional Practice: A New Curriculum-Based Approach, Amanda Kennedy, Theresa Smith-Ruig, Richard Coverdale, Caroline Hart, Reid Mortensen, Claire Macken, Trish Mundy, Jennifer Nielsen

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

This paper documents the development of a curriculum-based approach to prepare law graduates for employment in rural and regional areas in Australia. The project was prompted by survey data which indicates that there are widespread difficulties in attracting lawyers to rural and regional areas. Further literature research and assessment of current practice revealed that employment as a lawyer in a rural or regional context is characterised by distinct challenges and opportunities; however, the tertiary curriculum does little to prepare students for practice in these areas, despite being well positioned to do so. This led to the creation of a publicly …

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

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

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted

Explainer: The Law Of The Sea And Asylum Seekers, Sam Bateman

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

Prime minister Tony Abbott said on Monday he expects Jakarta to take responsibility for the asylum seekers that Australian authorities rescue in Indonesia’s search and rescue zone. He claims this is the international law of the sea – but this is only half right.

What the law of the sea actually says on this issue can be found in the 2006 amendments to the International Convention on Maritime Search and Rescue, known as the SAR Convention. The amendment to Chapter Three of the convention says the country responsible for the region in which the search and rescue takes place shall …

The Thomas Kelly Case: Why A ‘One-Punch Law’ Is Not The Answer, Julia Quilter

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

Last July, Sydney teenager Thomas Kelly was king-hit and killed by Kieran Loveridge in a senseless act of alcohol-fuelled violence. When Loveridge pleaded guilty to manslaughter in September, expectations were high that he would receive a hefty prison term. However, the sentence of four years minimum jail – handed down last Friday – sparked immediate outrage.

While Loveridge was in fact sentenced to a total of six years for Kelly’s manslaughter and seven years and two months when the other assaults committed the same night were included, the punishment still didn’t seem like it had fit the crime. A sense …

Taking Hints From Hogwarts: Uow's First Year Law Immersion Program, Cassandra E. Sharp, Margaret A. Bond, Trish Mundy, Karina Murray, Julia Quilter

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

The first year of law school is a challenging time: adapting to new surroundings; making new friends; absorbing new ideas, and developing new ways of learning, thinking, speaking and performing – all with the added pressure of high academic achievement. This paper explores the important role of modern law teachers as guides and mentors for the students’ transformative journey.

As experienced first year teachers in the LLB program, the authors have devoted considerable efforts to developing a program that facilitates s smooth transition for law students. We believe law teachers have a unique opportunity as well as a responsibility to …

Book Review: Desmond Manderson: Kangaroo Courts And The Rule Of Law. The Legacy Of Modernism. Routledge, Abingdon 2012., Luis Gomez Romero

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

Kangaroo Courts represents the height of the recent work that Desmond Manderson has developed around the nexus between ‘law and literature’ and the rule of law. Manderson’s approach to this matter is unique in taking seriously both literary theory and the aesthetic aspects of literary texts—strange though it may seem, this is an authentic revolution in the field of law and literature. Manderson rightly observes that back to their very origins the discourses constructed around the conjunction of ‘law and literature’ have suffered from two structural weaknesses: first ‘a concentration on substance and plot’ and second ‘a salvific belief in …

Talkin ‘Bout Law’S Generations: Pop Culture, Intellectual Property And The Interpretation Of Case, Marett Leiboff

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

This article takes a very different path through which to explore the challenges affecting and shaping innovation and communications law. It reports on a facet of an empirical pilot study into generational differences in legal interpretation that revealed the porosity and friability of doctrine. The article focuses on one facet of the study apposite to this special issue: a fleeting reference by Finkelstein J to icons of pop culture in an otherwise unremarkable passing off I misleading and deceptive conduct case - Hansen v Bickfords - involving the marketing of an energy drink. As the responses of lawyer and law …

Peace Studies War – Boycotting Israel For The Sake Of International Law?, Gregory L. Rose

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

This article considers the current boycott of Israeli academics by the Sydney Centre for Peace and Conflict Studies (CPACS) - an affiliate of the University of Sydney - arguing that the boycott suppresses academic freedom, does not promote international law or peace, and is fundamentally racist. It was written in answer to an argument in defence of the boycott recently posted on the Australian-government supported website "The Conversation" by CPACS lecturer Paul Duffill (Jan. 15), who argued "the International Court of Justice ruled in July 2004 that Israel is occupying Palestinian territory in violation of international law", and therefore "a …

Legislative Implementation Of The Law Of The Sea Convention In Australia, Warwick Gullett

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

All States with marine and maritime interests need to ensure that their domestic laws enable them to meet their obligations, and to take advantage of the rights afforded to them, under the international law of the sea. This body of international law is structured around one of the most extensive and widely ratified international treaties: the United Nations Convention on the Law of the Sea ('LOSC').1 This paper reviews the general process by which obligations and rights in international treaties become part of domestic law and then examines Australia's experience in incorporating into its domestic law three broad areas of …

Roundtable Discussion Transcript: The Legal And Ethical Limits Of Technological Warfare Symposium, February 1, 2013, University Of Utah, S.J. Quinney College Of Law, Amos N. Guiora, Harry Soyster, David R. Irvine, Geoffrey S. Corn, James Jay Carafano, Claire O. Finkelstein, Laurie R. Blank, Monica Hakimi, George R. Lucas, Trevor W. Morrison, Frederic Megret

All Faculty Scholarship

The Utah Law Review brought in a panel of experts for a symposium on the legal and ethical limits of technological warfare. This roundtable discussion crystalized the issues discussed throughout the symposium. The collective experience and diversity of viewpoints of the panelists produced an unparalleled discussion of the complex and poignant issues involved in drone warfare. The open dialogue in the roundtable discussion created moments of tension where the panelists openly challenged each other’s viewpoints on the ethics and legality of drone warfare. The discussion captured in this transcript uniquely conveys the diversity of perspectives and inherently challenging legal and …