Law Commons^™

In Impartiality We Trust: A Commentary On Government Aid And Involvement With Religion, Thomas J. Cleary

University of Massachusetts Law Review

Ultimately, because true neutrality is not possible, nearly all government interaction with religion is to some degree friendly or hostile. One could argue, therefore, that government interaction with religion is inherently friendly or hostile in nature. As a consequence, establishing neutrality as the ideal misses the mark and has produced a swinging pendulum in the Supreme Court’s jurisprudence. At one end of its arc the pendulum produces hostility towards religion and at the other end of the arc it produces friendliness towards religion. This is reflected in case law and in both early and modern government practices. Ultimately, the pendulum …

The Legacy Of Colonialism: Law And Women's Rights In India, Varsha Chitnis, Danaya C. Wright

Danaya C. Wright

The relationship between nineteenth century England and colonial India was complex in terms of negotiating the different constituencies that claimed an interest in the economic and moral development of the colonies. After India became subject to the sovereignty of the English Monarchy in 1858, its future became indelibly linked with that of England's, yet India's own unique history and culture meant that many of the reforms the colonialists set out to undertake worked out differently than they anticipated. In particular, the colonial ambition of civilizing the barbaric native Indian male underlay many of the legal reforms attempted in the nearly …

"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles

Fletcher V Miles Mr

Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.

This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …

Artifactualities: Biopolitics And Settler Colonial Liberalism, Michael R. Griffiths

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

How does one conceive the settler colony within the framework of a globalizing, transnational geopolitical order? An initial question that could function as a precondition to locating settler colonial space within the global late liberal order might proceed in the following phrasing: how are we to conceive nation-states made up predominantly of Europen-descended settlers?

Shaming And Sanitation In Indonesia: A Return To Colonial Public Health Practices?, Susan Engel, Anggun Susilo

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

Adequate sanitation is vital to human health, yet progress on the Millennium Development Goal for sanitation has been slow and the target is likely to be missed by one billion people. Indonesia has the third highest number of people of any country in the world without access to sanitation and, like most developing countries, it is devoting insufficient resources to the issue. In rural areas, rather than providing additional funding, the government - with support of the World Bank - has promoted the Community-Led Total Sanitation (CLTS) approach, which uses social mobilization to encourage people to construct their own latrines. …

Tone It Down A Bit!: Euphemism As A Colonial Device In Australian Indigenous Studies, Colleen Mcgloin

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

In a previous article discussing the politics of language in Australian Indigenous Studies teaching and learning contexts, my colleague and I stated our objective in writing that article was to ‘‘instill’’ a sense of the importance of the political nature of language to our student body (McGloin and Carlson 2013). We wanted to engage students in the idea that language, as a conduit for describing the world, is not a neutral channel for its portrayal or depiction; rather, that it is a political device that is often a contributing force to racism and the perpetuation of colonial violence.While reviews of …

Law And The Structure Of Power In Colonial Virginia, William E. Nelson

Valparaiso University Law Review

No abstract provided.