Law Commons^™

Why Reproductive Health Rights Should No Longer Be A Partisan Issue: A Call To Invest In Family Planning, Sofia Waterhouse

University of Miami Inter-American Law Review

The concepts of family planning and reproductive health rights are often obscured by the controversy that surrounds the topic of abortion. This controversy has substantially impacted the U.S.’s outlook on reproductive health rights and its support toward family planning organizations, often limiting funding and aid depending on each administration’s political views. While international law has recognized the importance of reproductive health rights and the necessity of family planning programs, the U.S. continues to fall be-hind when it comes to promoting such rights. This article calls for a bipartisan effort to end these regressive and harmful anti–abortion policies so that the …

Law School News: Rwu Law Home To 'Stellar Faculty': Princeton Review 02/02/2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Library Blog (November 2021): Legal Beagle's Blog Archive, Roger Williams University School Oflaw

Law Library Newsletters/Blog

No abstract provided.

Is “Vital Motion” A Halakhic Concept?, Ira Bedzow, Noam Stadlan, John Loike

Touro Law Review

No abstract provided.

Death Be Not Strange. The Montreal Convention’S Mislabeling Of Human Remains As Cargo And Its Near Unbreakable Liability Limits, Christopher Ogolla

Dickinson Law Review (2017-Present)

This article discusses Article 22 of the Convention for the Unification of Certain Rules for International Carriage by Air (“The Montreal Convention”) and its impact on the transportation of human remains. The Convention limits carrier liability to a sum of 19 Special Drawing Rights (SDRs) per kilogram in the case of destruction, loss, damage or delay of part of the cargo or of any object contained therein. Transportation of human remains falls under Article 22 which forecloses any recovery for pain and suffering unaccompanied by physical injury. This Article finds fault with this liability limit. The Article notes that if …

Law Library Blog (April 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

Rights In Property And Property In Rights: Privacy, Contract And Ownership Of The Body In Anglo-American Political And Constitutional Thought, Gary L. Garrison

Doctoral Dissertations

This dissertation examines the history of the idea that people possess property rights in their own bodies. I also argue such rights are an alternative foundation on which to base the right to privacy recognized by the Supreme Court in 1965. The Court found privacy to exist in an admittedly nebulous "penumbras formed by emanations" from other parts of the Bill of Rights. I argue that privacy can be grounded on property rights as well.many founders, Madison asserted property rights in bodies of others (slaves) and similar ownership interests in wives and children. Modern notions of property are far more …

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.

17th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2015, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Corporate Speak And “Collateral Recruitment”: Surfing The Student Body, Colleen Mcgloin

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

‘‘Corporate speak,’’ the language of neoliberalism, has for so long been integrated into higher education institutions that many academics greet new terms wanly with the tedium of overkill; academic practice is scrutinized and regulated through terms such as performance indicators, benchmarking, service providers, and clients. As part of a discursive field where ideological shifts continue to apply marketized frames of reference as neoliberalism tightens its grip, new terms and phrases are commonplace.

Towards A Jurisprudence Of The Embodied Mind - Sarah Lund, Forbrydelsen And The Mindful Body, Marett Leiboff

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

As Erika Fischer-Lichte remarked, the great Polish theatre theorist Jerzy Grotowski redefined the notion of the body of the actor as an embodied mind, as a responsive and responding self. Conversely, law abjures the body, its interpreters – lawyers and scholars – inured in practices of rationality, reason and logic, or mindful disembodiment. Travelling through the Danish capital, encountering Danes real and fictitious to illustrate how much we function through our bodies, this essay suggests that we are better and more effective legal interpreters as embodied minds, rather than disembodied minds. But this is not mindless embodiment, a mere reflex …

Supreme Court, Bronx County, People V. Barnville, David Schoenhaar

Touro Law Review

No abstract provided.

The Dialectics Of Vulnerability: Breast Cancer And The Body In Prognosis, Nadine Ehlers

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

This paper argues that breast cancer prognosis potentially produces a circular dialectic in which a) the subject is compelled to perceive the body as vulnerable and separate (alien) to the self, and the treatments required make the body more vulnerable, more alien and b) this is held in tension with the fact that the very alienation and heightened vulnerability of the body in breast cancer treatment is productive; it collapses the boundaries through which the body and self are understood, often demands a conscious intimacy of/with the body, and points to critical enactments and understandings of embodied subjectivity. I use …

The Right To Posthumous Bodily Integrity And Implications Of Whose Right It Is, Hilary Young

Marquette Elder's Advisor

The law protects posthumous bodily integrity by allowing people to decide what will happen to their bodies after death. This article asks whose rights these laws intend to protect: the rights-holders could consist only of living individuals whose bodies will become the corpses at issue or could include the dead themselves. Whether rights to posthumous bodily integrity belong only to the living or survive death leads to three types of insight. First, the reasons for protecting posthumous bodily integrity are different depending on who the rights-bearers are. Second, to the extent that some laws are more consistent with an approach …

What's Feminism Got To Do With It? Examination Of Feminism In Women's Everyday Lives, Claire Carter

Journal of Feminist Scholarship

In recent decades there has been considerable debate about the role and meaning of feminism in younger women's lives. Feminism can be understood as an empowering discourse, fostering critical awareness and resistance to dominant social norms. However, it can also be experienced as regulatory and disciplinary, clearly defining who and what constitutes a "good" feminist. Utilizing Michel Foucault's principle of care of the self, this paper analyzes women's body practices in relation both to women's interpretation of feminism and to dominant feminist discourses. The complexities of negotiating diverse social identities, as well as women's desire for a happier life and …

Target: Biomedicine And Racialized Geo-Body-Politics, Shiloh Krupar, Nadine Ehlers

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

On August 1, 1896, W. E. B. Du Bois began a fifteen-month sociological study of "forty thousand or more people of Negro blood . . . living in the city of Philadelphia." Commissioned by the University of Pennsylvania, and eventually published as The Philadelphia Negro: A Social Study (1899), this work is widely recognized as the first great empirical book on black life in American society. Part of Du Bois' study included an analysis of the health conditions of Philadelphia's black population and might be seen as an example of a race-specific biopolitics of health. For Michel Foucault, biopolitics is …

Civil Rights Reform And The Body, Tobias Barrington Wolff

All Faculty Scholarship

Discrimination on the basis of gender identity or expression has emerged as a major focus of civil rights reform. Opponents of these reforms have structured their opposition around one dominant image: the bathroom. With striking consistency, opponents have invoked anxiety over the bathroom -- who uses bathrooms, what happens in bathrooms, and what traumas one might experience while occupying a bathroom -- as the reason to permit discrimination in the workplace, housing, and places of public accommodation. This rhetoric of the bathroom in the debate over gender-identity protections seeks to exploit an underlying anxiety that has played a role in …

The Right To Be Fat, Yofi Tirosh

Yofi Tirosh

Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …

The Body In Social Context: Some Qualifications On The "Warmth And Intimacy" Of Bodily Self-Consciousness, Shaun Gallagher

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

In this paper I examine William James' concept of the 'warmth and intimacy' of bodily self-consciousness and relate it to recent attempts to recast bodily self-consciousness in strictly neural terms. James takes bodily 'warmth and intimacy' to solve a number of problems related to the material and spiritual aspects of self and personal identity. He mentions but does not fully explore the possible disruptions in the bodily sense of ownership that can come about as the result of experimental and pathological circumstances, and that would have to qualify such solutions. I argue that an explanation in strictly neuroscientific terms does …

Loi N° 156, Du 13 Juillet 1948, De Protection Du Corps Maternel, Matthieu Forlodou

Matthieu Forlodou

Le document fournit une proposition de traduction en français de la loi japonaise n° 156, du 13 juillet 1948, de protection du corps maternel.

It’S Time To Replace Tsa’S John Pistole Because Of His Lack Of Conflict Resolution Skills, Christopher C. Cooper Dr.

Christopher C. Cooper Dr.

In order to be a solid Law Enforcement leader, one must possess excellent social skills. Included should be expertise in interpersonal conflict resolution. Yes, Pistole has an obligation to keep travelers safe; however, Pistole also has an obligation to guard children from being groped by TSA employees. Pistole has an obligation to allow men and women to be free from exploitation by TSA workers. Since we are country characterized by Democracy, Pistole has an obligation to do what the people ask when the request is reasonable. This obligation extends to all of our federal elected officials. Let us commend the …

The Body Of The Mind: Embodied Cognition, Law, And Justice, Adam Benforado

Saint Louis University Law Journal

No abstract provided.

Dangerous Terrain: Mapping The Female Body In Gonzales V. Carhart, B. Jessie Hill

Faculty Publications

The body occupies an ambiguous position within the law. It is, in one sense, the quintessential object of state regulatory and police power, the object that the state acts both upon and for. At the same time, the body is often constructed in legal discourse as the site of personhood - our most intimate, sacred, and inviolate possession. The inherent tension between these two concepts of the body permeates the law, but it is perhaps nowhere more prominent than in the constitutional doctrine pertaining to abortion. Abortion is one of the most heavily regulated medical procedures in the United States, …

Embracing The Commodification Of Human Organs: Transplantation And The Freedom To Sell Body Parts, Mark J. Cherry

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Over My Dead Body: Multicultural Social Cohesion In Veronica Mars, Debra Dudek

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

This paper argues that Veronica Mars foregrounds the notion that multiculturalism is a "field of accumulating whiteness," to borrow Ghassan Hage's phrase, and that multicultural cohesion exists primarily when Brown and Black bodies gain cultural and symbolic capital by accumulating Whiteness.

8th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2006, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Weighty Speech: Addressing Body Size In The Classroom, Yofi Tirosh

Yofi Tirosh

The politics of body size has been the topic of intriguing feminist work. Although in my view this issue is still undertheorized, I have long sought for a way to bring what does exist in the literature into my academic activities. The opportunity arose when, as a graduate student at the University of Michigan in 2001, I taught an undergraduate mini-course in the women's studies program, which I named Weight as a Cultural Question.

This essay discusses two pedagogical challenges I faced while teaching a class. Both questions deal with the extent to which it is productive to talk about …

6th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2004, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

5th Annual Open Government Summit: Access To Public Records Act & Open Meetings Act, 2003, Department Of Attorney General, State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.