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Full-Text Articles in Law

The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson Jan 2015

The Moral Vigilante And Her Cousins In The Shadows, Paul H. Robinson

Faculty Scholarship at Penn Law

By definition, vigilantes cannot be legally justified – if they satisfied a justification defense, for example, they would not be law-breakers – but they may well be morally justified, if their aim is to provide the order and justice that the criminal justice system has failed to provide in a breach of the social contract. Yet, even moral vigilantism is detrimental to society and ought to be avoided, ideally not by prosecuting moral vigilantism but by avoiding the creation of situations that would call for it. Unfortunately, the U.S. criminal justice system has adopted a wide range of criminal law rules ...


Reform In 1215: Magna Carta And The Fourth Lateran Council, Kenneth Pennington Jan 2015

Reform In 1215: Magna Carta And The Fourth Lateran Council, Kenneth Pennington

Scholarly Articles and Other Contributions

By 1215 King John had lost almost all of his northern continental possessions. The core of the Angevin empire, Normandy, was lost. Anglo-French barons who still held lands in Normandy owed their primary allegiance to King Phillip Augustus, not to King John. The barons and churchmen who remained under his sovereignty chaffed under his rule. It is clear from the document that the barons forced John to sign when they met with John on Runnymede in 15 July 2015, they intended to impose reform on the king. We might sum up their objectives as being the administration of justice and ...


For The Union Makes Us Strong: The İstanbul Metal Workers And Their Struggle For Unionization In Turkey, 1947-1970, Özgür Balkılıç Jan 2015

For The Union Makes Us Strong: The İstanbul Metal Workers And Their Struggle For Unionization In Turkey, 1947-1970, Özgür Balkılıç

Theses and Dissertations (Comprehensive)

ABSTRACT

This study is an examination of the history of organized metal labor in İstanbul, Turkey after the Second World War. It analyzes and displays the complex and intermingled historical processes within which laborers in the private metal sector of İstanbul experienced workplace relations and actively responded to them. In this regard, although recent immigrants to Istanbul were exposed to unfamiliar conditions and labor relations, they attempted to shape those new relations through several means, in particular through the establishment of trade unions. In an effort to provide a comprehensive picture of class formation in the metal sector after the ...


Anzac And Protestant Sectarianism: The Case Of The Rev C T Forscutt, Gregory C. Melleuish Jan 2015

Anzac And Protestant Sectarianism: The Case Of The Rev C T Forscutt, Gregory C. Melleuish

Faculty of Law, Humanities and the Arts - Papers

Why has Anzac captured the Australian national imagination? Is it a substitute for Christianity, a form of civil religion that binds the populace together in a common faith? Is it an expression of Australian nationalism in opposition to the attempts of the British to 'impose' an imperial ideal on Australia?


Reaching Through To The Object: Reenacting Malcolm Le Grice’S Horror Film 1., Lucas M. Ihlein, Louise Curham Jan 2015

Reaching Through To The Object: Reenacting Malcolm Le Grice’S Horror Film 1., Lucas M. Ihlein, Louise Curham

Faculty of Law, Humanities and the Arts - Papers

In July 2014 Teaching and Learning Cinema, an Australian artist group coordinated by Louise Curham and Lucas Ihlein, presented a reenactment of Malcolm Le Grice’s Horror Film 1 (1971) at Canberra Contemporary Art Space. A key work of Expanded Cinema, Horror Film 1 involves a live performer playing with shadows, interacting with the overlapping beams of three 16mm film projectors. Our reenactment was the first time in the work’s 40 year lifespan that it had been performed by anyone other than Le Grice himself. In this paper we offer some reflections on the process of making our reenactment ...


Papuans And Jokowi Are Hostage To Indonesian Politics, Stephen Hill Jan 2015

Papuans And Jokowi Are Hostage To Indonesian Politics, Stephen Hill

Faculty of Law, Humanities and the Arts - Papers

Indonesian President Joko Widodo recently announced the end of the decades-long restriction on foreign journalists in the provinces of Papua and West Papua, Indonesia’s territories in the island of New Guinea. While the president, popularly called Jokowi, says he is committed to human rights in the Papua provinces, the military and police continue to murder Papuans with virtual impunity.


Intellectual Property And Transparency In Trade Negotiations: The Experience Of Thailand, Jakkrit Kuanpoth Jan 2015

Intellectual Property And Transparency In Trade Negotiations: The Experience Of Thailand, Jakkrit Kuanpoth

Faculty of Law, Humanities and the Arts - Papers

This article concentrates on the problem of non-transparency in non-multilateral norm-setting activities in the intellectual property field. It highlights the experience of Thailand in order to show the inability of the general public to participate in decision-making relating to trade negotiations and to access information regarding trade agreements. It explores the issue of transparency in this international norm-setting process that will support the debate on development-oriented policy in order to better understand the socio-economic impacts of trade liberalization.


Social Networks As Sites Of E-Participation In Local Government, Travis Holland Jan 2015

Social Networks As Sites Of E-Participation In Local Government, Travis Holland

Faculty of Law, Humanities and the Arts - Papers

This paper proposes that electronic social network sites (SNS) make visible forms of participatory behaviour to which local governments must respond. Groups and individuals – publics – operating in diverse ways for diverse purposes, propagate and respond to communication by local governments via SNS and, in doing so, practice electronic e-participation. In addition to alternate channels of communication, SNS can facilitate alternate forms of participatory behaviour online, but there is little alignment between public perceptions of these emerging practices and local government behaviours in the same space. The publics seeking to engage with local governments on SNS, expect that their participation should ...


Spectra Of Birds, 2014–15, Madeleine T. Kelly Jan 2015

Spectra Of Birds, 2014–15, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers

In ‘Spectra of Birds’ abstract images of birds spotted in West Wollongong are squeezed or trapped into the rectilinear architecture of empty Tetra Paks. The resulting expressionist distortions – angular in shape as determined by the cartons – are half bird, half cultural object suggesting the continual commodification of nature, a world gradually destroying itself, and the transformation of rubbish. In capitulating to the cartons’ open spouts, the birds embody the phantasmatic property of everyday materials replete with associative meanings of myth and consumerism. Two modes of identity birds/cartons and art/consumer material are sustained simultaneously in a single object. From ...


Feminism And Art: Unexpected Encounters, Susan (Su) Ballard, Agnieszka Golda Jan 2015

Feminism And Art: Unexpected Encounters, Susan (Su) Ballard, Agnieszka Golda

Faculty of Law, Humanities and the Arts - Papers

Since the revolutions of the 1960s, feminism and art have created spaces for thinking and rethinking the links between gender and creativity. Art has been challenged both within and without the frame, as artists and feminists disrupt and complicate pre-established modes of production and representation.


The Senate Committee That Deals With Animal Welfare Is Riding Roughshod Over Dissenting Views, Elizabeth J. Ellis Jan 2015

The Senate Committee That Deals With Animal Welfare Is Riding Roughshod Over Dissenting Views, Elizabeth J. Ellis

Faculty of Law, Humanities and the Arts - Papers

A Senate committee last week effectively killed off a proposal to create an independent animal welfare authority for Australia. Without the committee’s support, the Voice for Animals Bill introduced by the Greens has no hope of being enacted. But the Senate inquiry that preceded the report gave a valuable insight into how animal welfare issues are viewed within our political and wider culture. The inquiry was conducted by the Rural and Regional Affairs and Transport Legislation Committee. Senators who have had direct involvement in livestock industries and/or represent states that are closely aligned with rural agricultural interests played ...


September 17, 2011: Occupy Without Counting, Ian M. Buchanan Jan 2015

September 17, 2011: Occupy Without Counting, Ian M. Buchanan

Faculty of Law, Humanities and the Arts - Papers

The events of September 2011 will probably go down in history in much the same way as the events of May 1968, with no-one being able to decide what, if anything, actually happened.1 Zuccotti Park in New York City briefly flickered in the global consciousness as the spark that threatened to ignite a global revolution, just as the Latin Quarter of Paris had four decades earlier (Buchanan 2008: 7–12). Within a month over 150 Occupy events were taking place all over the world and as one expects these days the movement was even more prominently and diversely represented ...


"A Multi-Stemmed Flower": Reading Sandro Penna In Search Of Modernity, Livio Loi Jan 2015

"A Multi-Stemmed Flower": Reading Sandro Penna In Search Of Modernity, Livio Loi

Faculty of Law, Humanities and the Arts - Papers

Sandro Penna's poetry (1906-1977), is a delicate combination of melancholy and exhilaration, and shows innovation and modernity inside the Italian lyrical tradition. Critically stereotyping Penna's poetry as a flower with no evident stem, meaning no external influences, narrows the depth of his literary corpus. In his notes Penna reveals himself as a voracious reader of modern international literature and critics Roberto Deidier and Pierfranco Bruni pointed out that his evident European influences completely lack investigation. Most criticism though do not seem to acknowledge how close Penna's poetry is to the ideas of "modern" and "new" as fostered ...


Migrant Workers In Contemporary Japan: An Institutional Perspective On Transnational Employment., Hironori Onuki Jan 2015

Migrant Workers In Contemporary Japan: An Institutional Perspective On Transnational Employment., Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers

Migrant Workers in Contemporary Japan is primarily concerned with changes in social institutions within the context of globalization and the implications of these changes for the lifestyles of people living and working in Japanese society.


The Natural Origins Of Content, Daniel D. Hutto, Glenda L. Satne Jan 2015

The Natural Origins Of Content, Daniel D. Hutto, Glenda L. Satne

Faculty of Law, Humanities and the Arts - Papers

We review the current state of play in the game of naturalizing content and analyse reasons why each of the main proposals, when taken in isolation, is unsatisfactory. Our diagnosis is that if there is to be progress two fundamental changes are necessary. First, the point of the game needs to be reconceived in terms of explaining the natural origins of content. Second, the pivotal assumption that intentionality is always and everywhere contentful must be abandoned. Reviving and updating Haugeland’s baseball analogy in the light of these changes, we propose ways of redirecting the efforts of players on each ...


Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton Jan 2015

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

Faculty of Law, Humanities and the Arts - Papers

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4). This column analyses that case, particularly in relation to the ACAT finding that the practitioner's professional misconduct was substantially contributed to by an unsafe system of care, specifically, the failure of Primary Health Care to provide supervision and mentoring for clinicians working at its medical centres. The ...


Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp Jan 2015

Apportionment Of Damages For Contributory Negligence: A Fixed Or Discretionary Approach, James Goudkamp

Faculty of Law, Humanities and the Arts - Papers

In most of the common-law world, legislation provides for damages to be apportioned where the claimant is guilty of contributory negligence. This legislation gives judges considerable latitude to determine the extent to which damages should be diminished for contributory negligence. It imposes what will be called a system of 'discretionary appor- tionment'. This paper draws attention to the fact that, although most common-law juris- dictions are, by virtue of their apportionment legislation, in the thrall of the paradigm of discretionary apportionment, there are many, varied departures from this paradigm. This paper classifies these departures (which will be called 'fixed apportionment ...


Making Camden History, Ian C. Willis Jan 2015

Making Camden History, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers

The story of the construction of the history of the Camden area. There are many versions and they are all correct. They all put their own spin on the way they want to tell the Camden story. Some good, some indifferent, some just plain awful (Facebook, 23 November 2015. https://www.facebook.com/CamdenHistoryNotes1433284970226274/)


From Realism To Romance: The Early Novels, Ika Willis Jan 2015

From Realism To Romance: The Early Novels, Ika Willis

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


The Four Methods Of Financial System Regulation: An International Comparative Survey, Andrew D. Schmulow Jan 2015

The Four Methods Of Financial System Regulation: An International Comparative Survey, Andrew D. Schmulow

Faculty of Law, Humanities and the Arts - Papers

This article provides a description of the four methods of financial system regulation currently in use internationally, with case studies illustrating each system. Analysis is provided of the strengths and weaknesses of each. Research indicates that the "Twin Peaks" system is superior to its peers. However, this article also concludes, by reference to failings observed in "Twin Peaks" arrangements to date, that "Twin Peaks" alone is no panacea against financial crises, or market and consumer abuse. It is merely the best form of regulatory architecture. Other factors, such as the capacity and willingness of the regulators to discharge their mandate ...


Resistiendo Al Mobbing: La Opcion Asertiva, Brian Martin, Florencia Pena Saint Martin Jan 2015

Resistiendo Al Mobbing: La Opcion Asertiva, Brian Martin, Florencia Pena Saint Martin

Faculty of Law, Humanities and the Arts - Papers

No abstract provided.


Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen Jan 2015

Mobile Encounters: Bicycles, Cars And Australian Settler Colonialism, Georgine W. Clarsen

Faculty of Law, Humanities and the Arts - Papers

At the turn of the twentieth century bicycles and motorcars constituted a significant break from organic modes of mobility, such as walking, horses and camels. In Australia, such mechanical modes of personal transport were settler imports that generated local meanings and practices as they were integrated into the material, cultural and political conditions of the settler nation-in-the-making. For settlers, new technologies confirmed their racial superiority and reinforced a collective sense of their own modernity. Aboriginal people frequently expressed fear and epistemological confusion when they first encountered the strange vehicles. Contrary to settler investments in Aboriginal people as outside of the ...


Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri Jan 2015

Intersectionality And Title Vii: A Brief (Pre-)History, Serena Mayeri

Faculty Scholarship at Penn Law

Title VII was twenty-five years old when Kimberlé Crenshaw published her path-breaking article introducing “intersectionality” to critical legal scholarship. By the time the Civil Rights Act of 1964 reached its thirtieth birthday, the intersectionality critique had come of age, generating a sophisticated subfield and producing many articles that remain classics in the field of anti-discrimination law and beyond. Employment discrimination law was not the only target of intersectionality critics, but Title VII’s failure to capture and ameliorate the particular experiences of women of color loomed large in this early legal literature. Courts proved especially reluctant to recognize multi-dimensional discrimination ...


“You Have To Confess”: Rape And The Politics Of Storytelling, Tara Roeder Jan 2015

“You Have To Confess”: Rape And The Politics Of Storytelling, Tara Roeder

Journal of Feminist Scholarship

This article examines the discourse of rape in contemporary culture, paying special attention to the courtroom setting, where rape victims are often required to tell cohesive, linear narratives that underscore their blamelessness if they hope to be believed. Because of deeply entrenched cultural myths about rape, the type of story often required for the successful prosecution of perpetrators may require rape victims to construct narratives that do not accurately reflect their lived experience. Writers such as Susan Brison, Patricia Weaver Francisco, and Alice Sebold engage with the complex politics of rape and its telling in their memoirs. While constructing stories ...


She Had A Name That God Didn’T Give Her: Thinking The Body Through Atheistic Black Radical Feminism, Marquis Bey Jan 2015

She Had A Name That God Didn’T Give Her: Thinking The Body Through Atheistic Black Radical Feminism, Marquis Bey

Journal of Feminist Scholarship

The article attempts to demonstrate the necessity of acknowledging the body when considering the current Black Lives Matter movement, give an account of Black female and trans erasure, and ultimately (re)affirm the lived embodiment of Black, female, and trans bodies, all through an atheistic lens. Atheism here, while indeed denying the existence of gods, has as its primary concern affirming life. Too often is theology, as theologian Anthony Pinn says, “a theology of no-body”; thus atheistic feminist Blackness, as understood here, seeks to entrench the body rather than abstract it. Atheistic feminist Blackness reinscribes and affirms the subjectivity and ...


The Power And Joy Of Derby: Women’S Participation, Empowerment, And Transformation In A Flat-Track Roller Derby Team, John Paul, Sharla Blank Jan 2015

The Power And Joy Of Derby: Women’S Participation, Empowerment, And Transformation In A Flat-Track Roller Derby Team, John Paul, Sharla Blank

Journal of Feminist Scholarship

In what ways do sports make a difference in the lives of the people who play them? In this paper, we employ a sporting feminist perspective to answer this question and detail how women benefit from the sport of roller derby. Our analyses are structured around the themes of the body (exploring examples of bodily empowerment and reconceptualization); the team (highlighting feminist themes of loyalty and team as family); and the crowd (identifying the ways in which derby is “sold” to the crowd, as well as the ways in which athletes use derby to challenge conceptions of beauty, desirability, and ...


From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner Jan 2015

From The Editors, Anna M. Klobucka, Jeannette E. Riley, Catherine Villanueva Gardner

Journal of Feminist Scholarship

No abstract provided.


She Legislates, He Scandalizes: Reenvisioning The Impact Of Political Sex Scandals On Assemblywomen In New York, Hinda Mandell Jan 2015

She Legislates, He Scandalizes: Reenvisioning The Impact Of Political Sex Scandals On Assemblywomen In New York, Hinda Mandell

Journal of Feminist Scholarship

A rash of three political sex scandals within the span of less than two years, from 2012 to 2014, shook the New York State Assembly. All of the sex scandals involved male politicians accused of sexual harassment of female staffers and subordinates. This study investigates how New York State assemblywomen were impacted by the scandals of their male colleagues, exploring the “contagion” of scandals (Adut 2008). Interviews were conducted with eight assemblywomen in 2014, although all 33 assemblywomen serving in the legislature at the time of this research endeavor were invited to participate in a research interview. Findings indicate that ...


Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters Jan 2015

Moving Forward/Looking Back: Reclaiming And Revising Our Feminist Past And Searching For Solidarity, Cassandra Denise Fetters

Journal of Feminist Scholarship

Interweaving personal anecdotes, feminist theory, and literary and popular culture references, this article attempts to provide answers to the question of how we build a social movement and establish solidarity among women while still recognizing and respecting difference. The article traces historical accounts of feminists contending with the “difference impasse” and argues that we should return to and revise the feminist thought that preceded us, weaving together theories from our feminist past with contemporary models, including those of feminist psychoanalyst Jessica Benjamin and her ideas of “mutual recognition” and intersubjectivity. Drawing on fictional accounts from literature by women writers, the ...


A Renewal Of Systems Theory: Using Modern Dynamical Systems As A Qualitative Method For Understanding Relational Power In Late Bronze Age Greece, Timothy W. Barham Jan 2015

A Renewal Of Systems Theory: Using Modern Dynamical Systems As A Qualitative Method For Understanding Relational Power In Late Bronze Age Greece, Timothy W. Barham

Undergraduate Honors Theses

Methods of cultivating relational power greatly shifted between the Late Middle Helladic and the Late Helladic periods. These changes in society manifested in the rise of palaces and the disappearance of smaller societal leaders called Local Elites. Despite these major changes, however, the mechanism of feasting remains consistently used as a method of gaining authority in communities. System Theory has been proposed as a tool of thinking how systems change over time; however, an issue with using this model is that it accounts for change from a macro level, looking at overarching parameters that permeate through periods of change. Further ...