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- "infralegal" subjects (1)
- Article III; Federal Courts; adjudicatory practices; non-delegation; “fundamental interests”; separation of powers; judicial power; judicial duty; “post 9/11 constitutionalism”; nonprecedential status rules (1)
- Constitutional Epics (1)
- Constitutional narratives (1)
- Critical theoretical humanties scholarship (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Constitutional Solipsism: Toward A Thick Doctrine Of Article Iii Duty; Or Why The Federal Circuits’ Nonprecedential Status Rules Are (Profoundly) Unconstitutional, Penelope Pether
Penelope J Pether
Constitutional Solipsism is the fourth in a series of articles on aspects of the private judging practices which have come to characterize the U.S. state and federal courts since the late 1950s. The first, Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts, 56 STAN. L. REV. 1435 (2004) gave a critical historical account of the development of the “practices of private judging” in U.S. Courts. Take a Letter, Your Honor: Outing the Judicial Epistemology of Hart v. Massanari, 62 WASH. & LEE L. REV. 1553 (2005), analyzed the development of a distinctive U.S. theory of precedent. Sorcerers, …
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope Pether
What Is Due To Others: Speaking And Signifying Subject(S) Of Rape Law, Penelope Pether
Penelope J Pether
Australian journalist Paul Sheehan's representation of the alleged and convicted immigrant Muslim/Arab rapists he demonises in Girls Like You, like his representation of the rape survivors in that text, has much to tell us about the law's production of rape law's speaking and signifying subjects, "real rape" victims and survivors, false accusers and perpetrators. This article uses a variety of texts, including Girls Like You, recent Australian rape law jurisprudence and legislative reform, texts involving two controversial recent US rape cases — one from Maryland and one from Nebraska — and a recent UK study on attrition in rape prosecutions, …
Language, Penelope Pether
Comparative Constitutional Epics, Penelope Pether
Comparative Constitutional Epics, Penelope Pether
Penelope J Pether
This essay takes up Robert Cover's account, in Nomos and Narrative of Constitutional Epics. Ranging across legal and literary texts including Toni Morrison's Beloved, David Malouf's An Imaginary Life, the Canadian Arar Commission Report, and Bringing Them Home, the Report of the Australian Human Rights and Opportunity Commission's National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families, it concludes that what comparative study of Constitutions and their Epics might yield are brutal truths and the judgements of history, but also insights into how we might make of that unpromising material a nomos and a …
Editor’S Introduction, Symposium On Paul Rabinow’S “Prosperity, Amelioration, Flourishing: From A Logic Of Practical Judgment To Reconstruction: An Account Of His Work With Synberc", Penelope Pether
Penelope J Pether
This is the Editor's Introduction to a special written symposium on Paul Rabinow’s “Prosperity, Amelioration, Flourishing: From a Logic of Practical Judgment to Reconstruction” an account of the “anthropologist of reason’[s]” professional involvement with SynBERC, a critical institution in the field of synthetic biology, which latter, as Rabinow explains, “aims at nothing less than the (eventual) regulation of living organisms in a precise and standardized fashion according to instrumental norms.” Contributors to the symposium are Rabinow himself, Richard Mullender, Ruthann Robson, Ruth Miller, Jose Gabilondo, Pamela Bridgewater, Michael Moreland, David Caudill, and Gary Edmond and David Mercer. The essays collected …