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Articles 1 - 9 of 9

Full-Text Articles in Jurisprudence

Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon Apr 2011

Co-Organizer: International Conference On The Jurisprudence Of Parenting And The Influence On Culture, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Parenting And The Culture Of Friendship, Scott Fitzgibbon Apr 2011

Parenting And The Culture Of Friendship, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon Dec 2010

Educational Justice And The Recognition Of Marriage, Scott Fitzgibbon

Scott T. FitzGibbon

No abstract provided.


On Constructive Legal Science Then And Now, Uta Bindreiter Dec 2010

On Constructive Legal Science Then And Now, Uta Bindreiter

Uta Bindreiter

No abstract provided.


Gaining Ground: Towards A Discourse Of Posthuman Animality, Anne Louise Schillmoller Dec 2010

Gaining Ground: Towards A Discourse Of Posthuman Animality, Anne Louise Schillmoller

Anne Schillmoller

Edit My Photo Join My Mailing List Edit Author InfoAnne Louise Schillmoller Southern Cross University ■Contact Information Edit Author Background Edit Links Search the Selected Works of Anne Louise Schillmoller Search All Sites User Guide Read Our FAQs Contact Support RSS Feed Print this page Bookmark Update Site Articles Next»Revise WithdrawCancelGaining Ground: Towards a Discourse of Posthuman AnimalityAnne Louise Schillmoller, School of Law and Justice Southern Cross University Abstract The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and …


Money And Rights, Deborah Hellman Dec 2010

Money And Rights, Deborah Hellman

Deborah Hellman

This article looks at when constitutionally protected rights are interpreted by courts to include a concomitant right to spend money to effectuate the underlying right and when they are not. It concludes that there are two strands in our constitutional law: the Integral Strand, in which a right includes the right to spend money and the Blocked Strand, in which it does not.


Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Louise Schillmoller Dec 2010

Gaining Ground: Towards A Discourse Of Posthuman Animality: A Geophilosophical Journey, Anne Louise Schillmoller

Anne Schillmoller

The paper seeks articulate possibilities for a reciprocal ground of animality, a non hegemonic conceptual frontier within which the sovereign terrain of liberal humanism might yield to networks of alliances and reciprocities among human and other animals. The objective is to locate topographies where the conditions of creaturely life may be conceptualised in relational and non anthropocentric terms. It seeks to identify possibilities for a discourse of animality which avoids the haunting spectre of humanism. Specifically, it explore routes which may avoid the dualisms of western thought and identify alternative ways by which animality might be conceptualised and represented. Its …


The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes Dec 2010

The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes

Henry S. Noyes

With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …


Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon Dec 2010

Mapping The Terrain Of Earth Jurisprudence: Landscape, Thresholds And Horizons, Anne Louise Schillmoller, Alessandro Pelizzon

Anne Schillmoller

Earth jurisprudence is an emerging area of law in which the integrity and health of ecosystems become a central concern of human legal and political institutions. In recent years, several countries have proposed constitutional reforms which mandate legal recognition of ecosystems’ ‘right to exist’. In September 2008 Ecuador became the first country in the world to declare constitutional ‘rights of nature’ and to codify a new system of environmental governance. The new laws grant citizens the right to sue on behalf of an ecosystem, even if not injured themselves. As one of the architects of this new legal framework observed, …