Law Commons^™

Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax

All Faculty Scholarship

Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …

Things Are Seldom What They Seem: Judges And Lawyers In The Tales Of Mark Twain, Lucia A. Silecchia

Scholarly Articles

This article explores the many and varies legal characters that populated the bench and bar in Mark Twain’s work. Judges and lawyers have long captivated the minds and talents of authors, and Twain was a prolific creator of jurisprudential characters. This article’s thesis is that a careful study of Twain’s fiction reveals a disturbing pattern of inconsistency between the conduct of his attorneys and judges and the quality of justice that their actions bring about. In all too many of Twain’s tales, true “justice” is far more likely to be achieved where lawyers and judges violate legal rules through deception, …

Dworkin's Fallacy, Or What The Philosophy Of Language Can't Teach Us About The Law, Michael S. Green

Faculty Publications

No abstract provided.

Class Lecture: Antecedents To The Trc, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A class lecture given by Archbishop Tutu at the University of North Florida.

Speech: No Future Without Forgiveness, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville.

Speech: No Future Without Forgiveness (Version 2), Desmond Tutu

Archbishop Desmond Tutu Collection Textual

A sermon given by Archbishop Tutu at St. John’s Cathedral of Jacksonville. (8 typewritten pages)

Brief Notes, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Handwritten notes on Plaza Hotel stationary. Stationary is printed with " Emeritus Desmond Tutu IN RESIDENCE".

Development Of Catholic Moral Doctrine: Probing The Subtext, M. Cathleen Kaveny

Journal Articles

A discussion on the contribution of Judge John T. Noonan’s works on moral doctrine to the study of Catholic moral theology. Professor Kaveny argues that Noonan’s writings have aided the development of Catholic moral doctrine by examining its rich living history and tradition. She notes that Noonan views the subject as a social historian who is interested in how Catholics have interpreted moral theology over time, tracing continuities and changes in their positions, and as a lawyer who is interested in learning how they have tried to find a balance between human dignity and the common good. Professor Kaveny addresses …

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …

Politicizing The Crime Against Humanity: The French Example, Vivian Grosswald Curran

Articles

The advantages of world adherence to universally acceptable standards of law and fundamental rights seemed apparent after the Second World War, as they had after the First. Their appeal seems ever greater and their advocates ever more persuasive today. The history of law provides evidence that caution may be in order, however, and that the human propensity to ignore what transpires under the surface of law threatens to dull and silence the ongoing self-examination and self-criticism required in perpetuity by the law if it is to be correlated with justice.

This Essay presents one side, the dark side, of the …

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

Scholarly Works

This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism. At …

Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett

All Faculty Scholarship

This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …

Before And After: Temporal Anomalies In Legal Doctrine, Leo Katz

All Faculty Scholarship

Legal doctrine exhibits some striking temporal anomalies, previously not much adverted to. Wrongdoing looked at before it has occurred, and after is has occurred, is apt to look very different. I take up the two key components of wrongdoing seriatim, the harm-portion and the misconduct-portion: the "damage" part and the "liability" part. We tend to look at harm in a harm-agnifying way before it has occurred, and in a harm-inimizing way afterwards. We thus tend to think about negligence and the harm it wreaks in seemingly inconsistent ways. I examine and reject some possible explanations of this. Misconduct too looks …

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Harm, History, And Counterfactuals, Stephen R. Perry

All Faculty Scholarship

No abstract provided.

Speech: At The Crossroads - You Can Make A Difference, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Speech given by Archbishop Tutu for the 5th Avenue Presbyterian Church Capital Grand Campaign. Handwritten and typed versions.

Critical Praxis, Spirit Healing And Community Activism: Preserving A Subversive Dialogue On Reparations, Christian Sundquist

Articles

African-American reparations have the potential to deconstruct racial privilege, promote racial reconciliation, and heal the psychic injuries of the African-American community. However, many models of reparations have given up on the promise of reparations in exchange for the slim possibility of short-term progress.

A subversive dialogue on African-American reparations, however, will inevitably critique equal opportunity, individualism, and white innocence and privilege. Embraced by the majority, and internalized by the African-American community, the principles of individualism, equal opportunity, and meritocracy reinforce white innocence and privilege to the extent that future, current and past inequality are cast as the natural and inevitable …

Augustus Van Wyck (1850-1922), Janet Butler Munch

Publications and Research

Augustus Van Wyck (1850-1922) was a judge and NY gubernatorial candidate.

Abram Stevens Hewitt (1822-1903), Janet Butler Munch

Publications and Research

Abram Stevens Hewitt (1822-1903) was an iron manufacturer, congressman, mayor, and philanthropist.

Mother Jones, Janet Butler Munch

Publications and Research

Mother Jones was a union organizer and activist in the U.S. labor movement. She fought to alleviate the misery of workers in mines, railroad yards, factories, and mills across the country. Her reform efforts led to the abolition of child labor, acceptance of the eight-hour workday, and implementation of Social Security and the minimum wage.

Orwell Y La Revolución Social: Instrucciones En Clave De Fábula Para Domar Al Pequeño Totalitario Que Todos Llevamos Dentro, Luis Gomez Romero

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

I. Nota introductoria: Manifiesto urgente para liberar a Eric Arthur Blair de la prisión a que le han reducido los simplistas

Eric Arthur Blair —niño dotado de un nombre británico como pocos— nació el 25 de junio de 1903 en Montihori, Bengala; hijo de Richard Walmesley Blair, funcionario inglés del Departamento del Opio en el Servicio Civil de la India, y de Ida Blair, de origen francés. Probablemente, algún hipotético lector se estará preguntando por qué tendríamos que guardar memoria de un natalicio que sucedió, al tiempo que escribo estas líneas, casi cien años atrás. Para responder a esta cuestión …

Language Diversity In Europe: Can The Eu Prevent The Genocide Of The French Linguistic Minorities?, Henri A. Jeanjean

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

Introduction:

All references about France, be they about French language, French culture, French arrogance or French cuisine seem to indicate that this country is homogeneous, mono-lingua and mono-cultural. If we consider some of its regions we can note a huge linguistic and cultural diversity: Corsica is Italo-Roman, Brittany is Celtic, Flemish is spoken in the North of France, Alsace is Germanic, the language in the Basque region is pre Indo-European while Catalan and Occitan both form part of the "occitano-roman group, half way between Gallo-Roman and Ibero-Roman." According to the new Atlas of Endangered World Naguages published by UNESCO, all …

Of A 'Contested Ground' And An 'Indelible Stain': A Difficult Reconciliation Between Australia And Its Aboriginal History During The 1990s And 2000s, Lorenzo Veracini

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

This article proposes an interpretative narrative of the evolution of Aboriginal history as a scholarly enterprise during the 1990s and in more recent years. The 1990s were characterised by attempts to synthesise the interpretative traditions resulting from previous decades of scholarly activity. In more recent years, the debate has shifted dramatically, dealing specifically with the genocidal nature of white Australia's policy towards Aboriginal peoples. The most important passages in this process are associated with the 1992 Mabo decision by the Australian High Court and the publication of the Bringing them home report of 1997.

Displaced Mothers Respond: Intergenerational Responsibilities In And Around The Texts Of F.A. And Lily Brett, Gay Breyley

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

Migration to Australia creates a site of encounter. On this site, 'migrants' and 'Australia' respond to and become each other, as they negotiate forms and levels of responsibility for their newly shared site. Citizens and non-citizens who have been displaced from distant sites of violence and persecution respond continually to intersections of current events and previous displacements, of children's questions and revived memories. Such intersections recur in moments of eating, sleeping, working, driving, talking and media consumption, among others, as the meetings of past and present, self and other, 'here' and 'there' suffuse daily interactions. Interactions range from those with …

La Narrativa Italoaustraliana Tra Prima E Seconda Generazione, Gaetano Rando

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

No abstract provided.

Genocide And Colonialism, Ii: Discussing A Recent International Conference On 'Genocide And Colonialism' And Its Implications For Australian Debates, Lorenzo Veracini

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

Lorenzo Veracini reviews a recent international conference on 'Genocide and Colonialism' and its implications for Australian debates.

Promoting The Ideals Of Integration And Diversity. Media Coverage Of Special Olympics Australia, Stephen J. Tanner, Sandy Haswell, Mandy Lake

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

Australia's media organisations have long had an obsession with the exploits of our sporting 'champions', both on and off the field. This coverage is often said to be a response to the demands of a sports-mad nation. In a society in which sport is often considered a symbol of unity and integration, this paper investigates whether the media (1) contributes to the spirit of diversity by covering sport involving people with intellectual disabilities, and (2) encourages greater awareness of disability issues by writing with authority and understanding, or instead promotes elitism by focusing on so-called 'real sports' that feature able-bodied …

From The Golden Courtesan, Shady Cosgrove

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

This is an excerpt from the sixth chapter of Shady Cosgrove's The Golden Courtesan. Set in the 1830s, the novel responds to Charlotte Bronte's Jane Eyre in a Rhysian tradition by exploring the life of Edward Rochester's mistress, Celine Varens. Celine was an opera dancer/courtesan and mother to Adele Varens (the child who inspired Jane's arrival at Thornfield). In this excerpt, Celine and Rochester have been engaged in a turbulent affair and Demi, a rival dancer, has just told Celine of Rochester's wife, Bertha/Antoinette. Celine is also pregnant with Rochester's child.