Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Ahmadis (1)
- Ahmadiyya community (1)
- Alieni juris (1)
- Apology law (1)
- Art and pornography (1)
-
- Bureaucratic law (1)
- Chicano community (Arteaga) (1)
- Corporate economy (1)
- Corporate society (1)
- Corporation law (1)
- Documentary theatre (1)
- Equitable courts (1)
- Flaming Creatures (1)
- Fundamental rights (1)
- Heroic managerialism (1)
- Home rule (1)
- Intellectual effort (1)
- Investment against harm (1)
- Islamic legal reasoning (1)
- Judicial practice (1)
- Legal discipline (1)
- Legal documents (1)
- Legal forms (1)
- Local custom (1)
- Macpherson Inquiry (1)
- Model Business Corporation Act (MBCA) (1)
- Moral agent (1)
- Natural law (1)
- Obscene material (1)
- Obscenity doctrine (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Tradition, Precedent, And Power In Roman Egypt, Ari Bryen
Tradition, Precedent, And Power In Roman Egypt, Ari Bryen
Studio for Law and Culture
This paper is one of a series of preliminary studies that I hope will eventually end in a book-length study of the history of law in the eastern provinces of the Roman Empire. The history of law in the provinces tends to be written in one of two ways: either as the story of how Roman rules and concepts interpenetrate local cultural and legal systems (the history of the many and varied “vulgarizations” of Roman law); or, in the wake of the “Mediterraneanist” paradigms of the twentieth century, as a story of how local communities seek to regulate themselves – …
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Home Rule: Equitable Justice In Progressive Chicago And The Philippines, Nancy Buenger
Studio for Law and Culture
The evolution of the US justice system has been predominantly parsed as the rule of law and Atlantic crossings. This essay considers courts that ignored, disregarded, and opposed the law as the United States expanded across the Pacific. I track Progressive home rule enthusiasts who experimented with equity in Chicago and the Philippines, a former Spanish colony. Home rule was imbued with double meaning, signifying local self-governance and the parental governance of domestic dependents. Spanish and Anglo American courts have historically invoked equity, a Roman canonical heritage, to more effectively administer domestic dependents and others deemed lacking in full legal …
The Fortas Film Festival, Brian L. Frye
The Fortas Film Festival, Brian L. Frye
Studio for Law and Culture
The story of Jack Smith’s film Flaming Creatures and the “Fortas Film Festival” illustrates the dialectic of obscenity. The obscenity doctrine expresses the conventional wisdom that the First Amendment actually protects art, and protects pornography only by extension. But Flaming Creatures and the Fortas Film Festival suggest that obscenity is dialectical. The obscenity doctrine provides the thesis: art protects pornography, by justifying the protection of sexual expression. Flaming Creatures and the Fortas Film Festival provide the antithesis: pornography protects art, by normalizing sexual expression. The history of obscenity law provides the synthesis: art and pornography protect each other. In other …
Regret, Remorse And Accidents: Where The New Apology Laws Go Wrong, Jeffrey S. Helmreich
Regret, Remorse And Accidents: Where The New Apology Laws Go Wrong, Jeffrey S. Helmreich
Studio for Law and Culture
Apologies have proven dramatically effective at resolving conflict and preventing litigation. Still, many injurers, particularly physicians, withhold apologies because they have long been used as evidence of liability. Recently, a majority of states in the U.S. have passed “Apology Laws” designed to lift this disincentive, by shielding apologies from evidentiary use. However, most of the new laws protect only expressions of benevolence and sympathy (such as “I feel bad about what happened to you”). They exclude full apologies, which express regret, remorse or self-criticism (“I should have prevented it,” for example). The laws thereby reinforce a prevailing legal construal of …
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
The Nation And Its Heretics: ‘Muslim Citizenship’, State Power And Minority Rights In Pakistan, Sadia Saeed
Studio for Law and Culture
In 1984, Pakistan’s military ruler General Zia-ul-Haq passed an executive Ordinance that made it a criminal offence for members of the heterodox Ahmadiyya community, a self-defined minority sect of Islam, to refer to themselves as Muslims and practice Islam in public. Ahmadis challenged the 1984 Ordinance in both the Supreme Court and the Federal Shariat Court in Pakistan – in the former on that grounds that the Ordinance violated their constitutionally guaranteed right to freedom of religion and in the latter on the grounds that it violated shari’a. In a clear departure from the Pakistani courts’ earlier rulings on the …
“Corporation Law Is Dead”: The Mystery Of Corporation Law At The Height Of The American Century, Harwell Wells
“Corporation Law Is Dead”: The Mystery Of Corporation Law At The Height Of The American Century, Harwell Wells
Studio for Law and Culture
In 1962, the corporation law scholar Bayless Manning famously wrote that “[C]orporation law, as a field of intellectual effort, is dead in the United States.” Looking back, most scholars have agreed with Manning, concluding that corporation law from the 1940s to the 1970s was stagnant, only rescued from its doldrums by the triumph of the theory of the firm and modern finance in the 1980s. This paper takes a new look at American corporate law during this time, asking why scholars believed corporation law was “dead” at the same time that the American corporation had seized the commanding heights of …
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon
Serving 99 To 149 Years For Wearing Butt-Huggers And Resisting To Subscribe To Cable Tv: The Presence Of The Law In Chicano Theatre, Maria Patrice Amon
Studio for Law and Culture
In the canon of Chicano theatre, the law holds a prominent role; the relationship between Chicanos and the law is a theme explored widely across Chicano theatre in both comedy and tragedy. This paper discusses how the comedy of Chicano theatre conceals the insidiousness of unchallenged racial stereotypes and acts as a safety valve to release the pressures of an abjected community. Yet, where comedy conceals the structure of abjection, drama critically challenges the status quo Chicano drama is capable of questioning the authority of the dominant hegemony over the cultures it oppresses. Beginning from a framing of the law …