Social and Behavioral Sciences Commons^™

Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad

Papers, Posters, and Presentations

In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.

Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus far to …

Vermeule Unbound, Philip A. Hamburger

Faculty Scholarship

My book asks Is Administrative Law Unlawful? Adrian Vermeule answers “No.” In support of his position, he claims that my book does not really make arguments from the U.S. Constitution, that it foolishly denounces administrative power for lacking legislative authorization, that it grossly misunderstands this power and the underlying judicial doctrines, and ultimately that I argue “like a child.”

My book actually presents a new conception of administrative power, its history, and its unconstitutionality; as Vermeule has noted elsewhere, it offers a new paradigm. Readers therefore should take seriously the arguments against the book. They also, however, should recognize that …

Early Prerogative And Administrative Power: A Response To Paul Craig, Philip A. Hamburger

Faculty Scholarship

What does English experience imply about American constitutional law? My book, Is Administrative Law Unlawful?, argues that federal administrative power generally is unconstitutional. In supporting this conclusion, the book observes that eighteenth-century Americans adopted their constitutions not only with their eyes on the future, but also looking over their shoulder at the past – especially the English past. This much should not be controversial. There remain, however, all sorts of questions about how to understand the English history and its relevance for early Americans.

In opposition to my claims about American law, Paul Craig lobs three critiques from across the …

Courtroom To Classroom: Judicial Policymaking And Affirmative Action, Dylan Britton Saul

Political Science Honors Projects

The judicial branch, by exercising judicial review, can replace public policies with ones of their own creation. To test the hypothesis that judicial policymaking is desirable only when courts possess high capacity and necessity, I propose an original model incorporating six variables: generalism, bi-polarity, minimalism, legitimization, structural impediments, and public support. Applying the model to a comparative case study of court-sanctioned affirmative action policies in higher education and K-12 public schools, I find that a lack of structural impediments and bi-polarity limits the desirability of judicial race-based remedies in education. Courts must restrain themselves when engaging in such policymaking.

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.

The Structure And Evolution Of The Academic Discipline Of Law In The United States: Generation And Validation Of Course-Subject Co-Occurrence (Csco) Maps, Peter A. Hook

School of Information Sciences Faculty Research Publications

This dissertation proposes, exemplifies, and validates the usage of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. CSCO is defined as course-subjects taught in the same academic year by the same teacher. This work is premised on the assumption that in the aggregate and for reasons of efficiency, faculty members teach course-subjects that are topically similar to one another. To exemplify and validate CSCO, more than 112,000 CSCO events were extracted from the annual directories of the American Association of Law Schools covering nearly eighty years of law school teaching in the United States. The CSCO …

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

On The Connection Between Law And Justice, Anthony D'Amato

Faculty Working Papers

What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …

Book 30 Jan 1944 - Nov 1945

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Books sent to war prisoners; concerned about returned members of Armed Forces “pouring” into schools and colleges; End of World War II.

Book 29 July 1942 - Dec 1943

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Alumni joining army; Female law students; War Effort Blackouts force library to close early at times; reports of alumni missing/killed in Europe; War Labor Conference.

Book 28 July 1, 1941 - June 24, 1942

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Attack on Pearl Harbor on December 7, 1941; United States enters World War II; Dean goes to Chattanooga for a war conference; blackouts for war effort.

Book 27 July 1940-June 1941

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: A woman in the class of first year students using law library; Discussion of orientation classes in law school- law faculty wanting no orientation since professional school.

Book 26 July 1, 1939 - June 30, 1940

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Harsh winter; considering facilitating the use of personally owned typewriters; Seniors drafted up a letter to the President protesting his lack of neutrality in public utterances; Chain letter circulated by 1^st year student about keeping US out of war.

Book 25 July 1, 1938 - June 30, 1939

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Mention of new Supreme Court building in Washington; funeral of Dean Massey; law library closed in afternoons during football games.

Book 24 July 1937 - June 1938

College of Law Library History

Francis Apperson has joined library staff as Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Discussion how UT one of first law libraries to permit circulation; Constitution’s 150^th Anniversary.

Book 23 July 29, 1936 - June 30, 1937

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Law school closed while President comes through Knoxville; dedication of Ferris Hall; petition to increase open hours of library; Increasing library staff hours and schedule to 40 hours a week with vacation and student assistants.

May 1, 1933 - June 30, 1933

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: UT observes daylight savings hours; Controversy about daylight savings.

Oct. 1, 1931 - June 30, 1932

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: One professor mentions that all of the “poor students” have been “eliminated” from his class due to cost of school; girl law students begin to regularly use the law library; Justice Holmes retires; State Bar Exam held in Knoxville.

May 19, 1931 - Sept 30, 1931

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. These librarians spent their days assisting patrons, binding books, record keeping, obtaining new material for the library and writing. Records indicate attendance, what students were studying and events in the community.

Book 14 July 1929 - June 1930

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Judge Swiggart of State Supreme Court used library Oct. 12, 1929; Night school begins.

Book 13 Sept 1928 - June 1929

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Library use greatly increasing; details decisions made to improve and expand the library, working with the Knoxville Bar Association.

Book 12 Sept 1927 - Aug 1928

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: Bar Library Members and Lawyers using; students required to register their hours spent in the library; October 5, 1927 exercises at Jefferson Hall in honor of Governor Peay; Judge McKinney of Court of Appeals used Library Oct 6, 1927; Judge Grafton Green Chief Justice of Tennessee Supreme Court used library on Oct 16, 1927; Judge Portrum of Civil Court of Appeals used library Juan 17, 1928.

Book 11 Mar - Sept 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: 1927 Rules of Knoxville Bar Library Association.

Book 10 Sept 1926 - Mar 1927

College of Law Library History

Eliza Lucy Ogden and Helen Turner continue to oversee the law library. Notable events: School closed for East Tennessee Teacher’s Association meeting; law library moves to Tennessee Hall; Knoxville Bar Library books all moved to University of Tennessee Law Library.