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The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton Dec 2022

The Dream Of Property: Law And Environment In William T. Vollmann’S Dying Grass And Leslie Marmon Silko’S Almanac Of The Dead, Ted Hamilton

Faculty Journal Articles

This article describes how the law inflects the narration of environmental conflict in William T. Vollmann’s Dying Grass (2015) and Leslie Marmon Silko’s Almanac of the Dead (1991). By focusing on the legal common sense of settler colonialism—its emphasis on private property in land and its subjugation of Indigenous peoples to the guardianship of the state—the article explores the ways in which Vollmann’s and Silko’s novels present counternarratives to the law’s story of justified conquest. Combining a law and literature approach with ecocriticism, this article highlights the importance of the legal imagination in defining human-land relations in the United States. …

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Place And Displacement: The Unsettling Connection Of Women, Property, And The Law In British Novels Of The Long Nineteenth Century, Claudia J. Martin Feb 2018

Place And Displacement: The Unsettling Connection Of Women, Property, And The Law In British Novels Of The Long Nineteenth Century, Claudia J. Martin

Graduate Dissertations and Theses

This study examines how British novels produced during the long nineteenth century, the period from 1750 to 1919, represent thetenuous connection of women to property and place. A paradox of the era was that while women tended to be relegated to theconfines of the domestic realm as daughters, sisters, wives, or widows, it was also a home that they could not or did not own, and in which their continued residence was dependent upon the largesse of others, making them vulnerable to displacement. Thedichotomy between home and homelessness creates the dynamic tension that drives many plots of the long nineteenth …

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Doctrinal Reasoning As A Disruptive Practice, Jessie Allen Jan 2018

Doctrinal Reasoning As A Disruptive Practice, Jessie Allen

Articles

Legal doctrine is generally thought to contribute to legal decision making only to the extent it determines substantive results. Yet in many cases, the available authorities are indeterminate. I propose a different model for how doctrinal reasoning might contribute to judicial decisions. Drawing on performance theory and psychological studies of readers, I argue that judges’ engagement with formal legal doctrine might have self-disrupting effects like those performers experience when they adopt uncharacteristic behaviors. Such disruptive effects would not explain how judges ultimately select, or should select, legal results. But they might help legal decision makers to set aside subjective biases.

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Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen Jan 2017

Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen

Book Chapters

Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …

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A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem Jan 2012

A Law And Literature Approach To Stumped By Debora Threedy, Kristin (Brandser) Kalsem

Faculty Articles and Other Publications

In this response, I will begin by identifying questions and issues about Stumped that might present themselves from law in literature and law as literature perspectives. This analysis will be followed by a discussion of the play from a particular law and narrative approach, one that ideologically is allied with feminist jurisprudence and critical race studies. Finally, I will conclude by examining the play in connection with scholarship on the cultural study of law, specifically emphasizing ways in which law and literature mutually constitute one another as opposed to being distinct categories of knowledge.

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Reasoning From Literature, Jessica M. Silbey May 2010

Reasoning From Literature, Jessica M. Silbey

Jessica Silbey

The “literary turn” in legal studies manifests in many ways in our legal discipline and practice. Be it with the birth of the study of law and literature in the 1980s, the growing attention to narrative theory and storytelling in the law in the 1990s, or the “cultural turn” in legal studies in the 21st century (as some scholars have called the cultural analysis of law), reasoning from literature seems commonplace. And yet it is still marginalized in legal studies as interdisciplinary, not “really law,” and lacking the core persuasive power that legal argumentation and doctrinal analysis do. This Symposium …

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"A Perfect Copy": Indian Culture And Tribal Law, Matthew L.M. Fletcher Jul 2007

"A Perfect Copy": Indian Culture And Tribal Law, Matthew L.M. Fletcher

Matthew L.M. Fletcher

A critical area of American Indian law is the resurgence, restoration, and development of tribal law in Indian Country. Some tribal law is borrowed or transplanted, while other tribal law is based on custom and tradition, but the ultimate purpose of developing a body of law that parallels Anglo-American law is the preservation of American Indian culture. Leech Lake Ojibwe David Treuer’s recent book of literary criticism, Native American Literature: A User’s Guide, offers a startling premise that reaches far beyond literature – American Indian literature that borrows from Anglo-American literary traditions is nothing more than a “copy” of Indian …

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Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler Jan 2002

Theaters Of Pardoning: Tragicomedy And The Gunpowder Plot, Bernadette Meyler

Cornell Law Faculty Publications

This article examines the dramatic character of King James I’s reaction to the 1605 Gunpowder Plot - the first act of terrorism in the West - and his attempts both to inscribe the unprecedented crime within the conventional structure of revenge tragedy and to interpret the event according to a model of tragicomedy indebted to John of Patmos' apocalyptic Revelation. On account of applying these cultural and religious paradigms, the King suggested that Parliament be entrusted with judging the conspirators, thus imaginatively displacing his sovereignty onto it.

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The Constitution As Literature, James Boyd White Jan 1992

The Constitution As Literature, James Boyd White

Book Chapters

Although presumably no one would say that the Constitution offers its readers an experience that cannot be distinguished from reading a poem or a novel, there is nonetheless a sense in which it is a kind of highly imaginative literature in its own right (indeed its nature as law requires that this be so), the reading of which may be informed by our experience of other literary forms. But to say this may be controversial, and the first step toward understanding how such a claim can be made may be to ask what it is we think characterizes imaginative literature …

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Selected Poems On The Law Of Contracts, Douglass Boshkoff Jan 1991