Law Commons^™

Forty-Five Years Of Law And Literature: Reflections On James Boyd White's "The Legal Imagination" And Its Impact On Law And Humanities Scholarship, Elizabeth Mertz, Robert P. Burns, Matthew Anderson, Jack L. Sammons, Thomas D. Eisele, Linda L. Berger, Linda Ross Meyer, Dvid Gurnham

Faculty Articles and Other Publications

This special section of Law and Humanities focuses on the 45th anniversary edition of James Boyd White’s The Legal Imagination: a book that was groundbreaking when it first appeared in 1973 (since it is generally credited as having initiated the ‘law and literature’ movement) and that remains a hugely important resource today. White’s approach to legal scholarship and education - reading law’s instruments, its rhetoric and concepts alongside, above, below and in-between literary works and criticism - opened up a new world of intellectual possibilities. Realization of these possibilities has come in the form of the growth and flourishing, not …

Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons

Faculty Scholarship

Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …

Beauchamp, Hiram Jett, 1833-1881 - Relating To (Sc 2849), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 2849. Resolution of sympathy, 5 January 1881, by officers and members of the Bowling Green, Kentucky bar on the death of Hiram J. Beauchamp on 1 January 1881. Includes a sketch of Beauchamp’s life.

Bates, James Preston, 1810-1877 - Relating To (Sc 2850), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid, scan and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 2850. Resolution of sympathy of a committee of the Bowling Green, Kentucky bar on the death of James P. Bates on 30 November 1877. Includes a sketch of Bates’s life.

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

All Faculty Scholarship

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and …

Letter To Editor Indiana Magazine Of History, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Letter responding to comparison of Guantanamo bay terrorist detainees with the noted Indiana Civil War case of Lambdin Milligan, ultimately decided by the U.S. Supreme Court, who was detained by Union military authorities during the Civil War for his pro-confederate activities and tried by a military court.

Book Review: Hugh Jackson: Australians And The Christian God: An Historical Study, Josip Matesic

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

Hugh Jackson’s Australians and the Christian God is a valuable first attempt to articulate the historical relationship of Australians to the Christian God. Although this book contains some discussions that may serve to stimulate further investigation, its major shortcoming is that it is simply too short and therefore covers its subject matter only superficially.

A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee

All Faculty Scholarship

Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to …

96th Connecticut College Commencement Address, Noah Feldman

Commencement Addresses

Noah Feldman, the Bemis Professor of International Law at Harvard Law School, speaks to the Class of 2014 of transitions.

Keynote Address At 'The 7th Apb Theatre School Directors Conference & Theatre Festival', Janys Hayes

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

To The Shanghai Theatre Academy, The Directors of the Asia Pacific Bureau, To UNESCO’s International Theatre Institute, and all the students participating in this APB Theatre Schools’ Festival. Welcome. NI How!

I am honoured to address this widely experienced company of theatre exponents here today.

Thank you to the APB for inviting us from the University of Wollongong to participate in this year’s Festival. (Wollongong by the way is an indigenous name that means ‘the sound of the sea’).

Stovall, Bartholomew W., 1759-1841 - Estate Of (Sc 2835), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2835. Holographic transcript of a Tennessee Supreme Court case, Logan D. Key vs. William Stovall, et al., related to the settlement of Bartholomew W. Stovall’s estate.

Improving Sexuality Education: The Development Of Teacher-Preparation Standards, Elissa M. Barr, Eva Goldfarb, Susan Russell, Denise Seabert, Michele Wallen, Kelly L. Wilson

Department of Public Health Scholarship and Creative Works

BACKGROUND: Teaching sexuality education to support young people’s sexual development and overall sexual health is both needed and supported. Data continue to highlight the high rates of teen pregnancy, sexually transmitted diseases, including human immunodeficiency virus (HIV) infections, among young people in the United States as well as the overwhelming public support for sexuality education instruction. In support of the implementation of the National Sexuality Education Standards, the current effort focuses on better preparing teachers to deliver sexuality education. METHODS: An expert panel was convened by the Future of Sex Education Initiative to develop teacher-preparation standards for sexuality education. Their …

Partisan Gridlock In The Contiguous States: Credit Ratings, Economic Stability, And The Ramifications Of Political Competitiveness, Polarization, And Party Control In U.S. State Legislatures, 1992-2010, Logan Nee

Honors College

Today’s complex sociopolitical context features an increasing determent of fundamental bipartisan principles and negotiation at both the federal and state levels of government. A competitive political environment akin to post-Civil War times, amplified by growing partisan polarization and politicians’ quest for party allegiance and self-reward, pervasively discourages productive compromising efforts to work across the isle. We believe this hinders government’s sole and rather straightforward fiscal duty: to provide stable, healthy, and predictable economic conditions for its constituents. Credit ratings offer a window into the interaction of public policy, political uncertainty, and economic performance, which all lie at the nucleus of …

"Not Just A Common Criminal": The Case For Sentencing Mitigation Videos, Regina Austin

All Faculty Scholarship

Sentencing mitigation or sentencing videos are a form of visual legal advocacy that is produced on behalf of defendants for use in the sentencing phases of criminal cases (from charging to clemency). The videos are typically short (5 to 10 minutes or so) nonfiction films that explore a defendant’s background, character, and family situation with the aim of raising factual and moral issues that support the argument for a shorter or more lenient sentence. Very few examples of mitigation videos are in the public domain and available for viewing. This article provides a complete analysis of the constituent elements of …

Impacts Of Gender Inequality And Poverty On Trafficking In Women, Jihye Park, Cara Rabe-Hemp

Graduate Research - Criminal Justice

Women represent approximately 75% of human trafficking victims. This study reviews what is and is not known about human trafficking and what might be accomplished in future research.

The Idea Of Democracy In The Early Republic, Keith Whittington

Schmooze 'tickets'

No abstract provided.

American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein

Schmooze 'tickets'

No abstract provided.

Legend Tripping: Haunted Fun Or Potential Juvenile Delinquency And Death, Gordon A. Crews Phd

Criminal Justice Faculty Research

On August 7, 2013, one juvenile was killed and 10 others were seriously injured when their truck crashed in Clay County, West Virginia. These juveniles, after drinking heavily, were investigating the Appalachian legend of the “Haunted Chimneys around Booger Hole”. The concept of legend tripping is at least as old as Mark Twain's The Adventures of Tom Sawyer, which contains several accounts of adolescents visiting allegedly haunted houses and caves said to be the “lairs of criminals”. This paper examines the extent and dangers of juvenile legend tripping across the United States. Many examples of cases will be given.

Pete Seeger: A Life Of Song, And The Power Of ‘We’, Anthony Ashbolt

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

We Shall Overcome became the theme song of the American civil rights movement in the 1960s. It is most identified with Pete Seeger, the great American musician who died January 27.

Yet as Arlo Guthrie put it this week: “Of course he passed away. But that doesn’t mean he’s gone."

Because I Am, Ann M. Sasala

SURGE

Why?

“Because I am a Republican!”

Why?

“Because I am a Democrat!”

Why?

“Because I am a Christian!”

Why?

In America, religion and politics are not merely taboo dinner topics; it is strongly advised that you don’t discuss either one in nearly all situations. [excerpt]

Salmon, James M., 1834-1904 (Sc 1251), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid only for Manuscripts Small Collection 1251. Fee book kept by James M. Salmon while serving as a constable in Metcalfe County, Kentucky, from 1860-1864. Some personal accounts are included, as well as a summons, 1857, and a business note, 1888.

Freedom Of Conscience As Religious And Moral Freedom, Michael J. Perry

Faculty Articles

In another essay being published contemporaneously with this one, I have explained that as the concept "human right" is understood both in the Universal Declaration of Human Rights and in all the various international human rights treaties that have followed in the Universal Declaration's wake, a right is a human right if the rationale for establishing and protecting the right-for example, as a treaty-based right-is, in part, that conduct that violates the right violates the imperative, articulated in Article i of the Universal Declaration, to "act towards all human beings in a spirit of brotherhood." Each of the human rights …

Research Week 2014, Linda Gardiner

Office of Research Institutional Research and Scholarship

No abstract provided.

Poverty Knowledge, Coercion, And Social Rights: A Discourse Ethical Contribution To Social Epistemology, David Ingram

Philosophy: Faculty Publications and Other Works

In today’s America the persistence of crushing poverty in the midst of staggering affluence no longer incites the righteous jeremiads it once did. Resigned acceptance of this paradox is fueled by a sense that poverty lies beyond the moral and technical scope of government remediation. The failure of experts to reach agreement on the causes of poverty merely exacerbates our despair. Are the causes internal to the poor – reflecting their more or less voluntary choices? Or do they emanate from structures beyond their control (but perhaps amenable to government remediation)? If both of these explanations are true (as I …

Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele

Faculty Articles and Other Publications

In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.

Law And Fiction In Medieval Iceland: The Story In The Gragas Manuscripts, Thomas J. Mcsweeney

Studio for Law and Culture

Medieval Icelandic law has been appropriated for modern purposes as diverse as creating a history for European democracy and proving that a libertarian legal system can work in practice. It has been put to so many modern uses because it presents us with a picture of the Icelandic Commonwealth (ca. 930-1262) as a society of free and relatively equal farmers who operated with no king, no nobility, and minimal government. The laws represent Iceland as an exceptional polity, strikingly different from the monarchies and hierarchical societies that dominated Western Europe in the middle ages. This exceptionalism resonates strongly with modern …

Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes

Journal Publications

No abstract provided.

Opening Borders: African Americans And Latinos Through The Lens Of Immigration, Maritza I. Reyes

Journal Publications

African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in office, his executive policy of granting temporary protection to DREAMers solidified his lead among Latino voters in 2012. Both elections showed the power that minority groups can exert when they vote in support of the candidate. If the demographic changes continue as currently estimated, African Americans and Latinos will contribute in large …

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt

Faculty Articles

America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives—Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully co-opted the framers’ earlier concerns of a standing army and passed a criminal statute—the 1878 Posse …