Other Anthropology Commons^™

Empirical Doctrine, Jessie Allen

Articles

We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet, discussions of empirical studies of judicial behavior sometimes conflate judges’ attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The extent to which legal outcomes are predictable in given contexts is surely testable empirically. But the idea that doctrine’s capacity to produce or limit those outcomes can be measured empirically is fundamentally misguided. The problem is that to measure doctrinal determinacy, …

Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp

All Faculty Scholarship

One reason legal history is more interesting than it was several decades ago is the increased role of interest groups in our accounts of legal change. Diverse movements including law and society, critical legal theory, comparative law, and public choice theory have promoted this development, even among writers who are not predominantly historians. Nonetheless, in my own survey course in American legal history I often push back. Taken too far, interest group theorizing becomes an easy shortcut for assessing legal movements and developments without fully understanding the ideas behind them.

Intellectual history in the United States went into decline because …

Por Una Antropología Del Derecho Más Allá De Los Márgenes., Daniel Quiñonez

Daniel Quiñonez Oré

El presente artículo tiene por finalidad plantear un estudio antropológico del Derecho más allá de los márgenes; esto es, más allá de los temas tradicionales que se han venido desarrollando en la Antropología del Derecho Peruana, a efectos de que mediante la antropología y su método se cuestionen las instituciones jurídicas que se presentan como cotidianas y normalizadas en nuestro contexto.

Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen

Book Chapters

If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …

Experiential Education As Critical Pedagogy: Enhancing The Law School Experience, Spearit, Stephanie Ledesma

Articles

This article examines the shift to greater experiential education in law school through the lens of critical pedagogy. At its base, critical pedagogy is about devising more equitable methods of teaching, helping students develop consciousness of freedom, and helping them connect knowledge to power. The insights of critical pedagogy are valuable for a fuller understanding of experiential education and its potential to affect students in profound ways, particularly as a means of empowerment. Although this is an understudied area of pedagogical scholarship, power relations are at the heart of legal education. Critical pedagogy offers a frame for considering how experiential …

Challenges To Forum Non Conveniens, Ronald A. Brand

Articles

This paper was originally prepared for a Panel on Regulating Forum Shopping: Courts’ Use of Forum Non Conveniens in Transnational Litigation at the 18th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: Tug of War: The Tension Between Regulation and International Cooperation, held at New York University School of Law, October 25, 2012. The doctrines of forum non conveniens and lis alibi pendens have marked a significant difference in approach to parallel litigation in the common law and civil law worlds, respectively. The forum non conveniens doctrine has recently taken a beating. This has come (1) in …

Experiments To Measure The Effects Of Timber Harvesting Equipment On Surface Lithic Scatters, Douglas J. Baughman

All Master's Theses

The importance of cultural resource preservation cannot be overstated; however local economies are at least as important. Due to conservative archaeological site protection practices in Region 5 of the United States Forest Service, the economy of Northeastern California is being adversely affected. In an attempt to help the Forest Service make more informed management decisions and improve the Northeastern California economy, I undertook experiments on the effects of timber harvesting on lithic scatters on Modoc National Forest. The experiments involved placement of 225 glass tiles (proxy lithics) in each of three plots subject to vehicle traffic and log dragging by …

Chimpanzee Personhood: Supporting Scientific Documentation, Jonathan Balcombe

Sentience Collection

The aim of this document is to provide scientific support for granting chimpanzees and bonobos the legal status of persons. The studies summarized here have been selected because they show these species to have levels of awareness, cognition, emotionality and virtue that rivals that of their hominid cousins, Homo sapiens. Chimps, like other great apes, have long-term relationships, grieve the loss of a loved-one, can solve complex puzzles, display a sense of justice, and can learn hundreds of signs and put them together in logical sentences.

Hacia Una Concepción No Ortodoxa De Ordenamiento Jurídico. A Propósito De La Confrontación Entre Monismo Jurídico Y Pluralismo Jurídico, Daniel Quiñonez

Daniel Quiñonez Oré

En este artículo se da cuenta del concepto del pluralismo jurídico, el cual cuestiona la visión positivista del Derecho, bregando por un entendimiento del fenómeno jurídico que rebase el plano normativo, dando cuenta de las distintas formas de producción del Derecho no estatales.

The Role Of The Law In The Availability Of Public Transit And Affordable Housing In Atlanta’S West End, Elliott Lipinsky

ELLIOTT LIPINSKY

The Federal Transit Administration (FTA) is a branch of the U.S. Department of Transportation that administers federal funds and provides technical assistance for the support of locally operated public transit systems. MARTA / Atlanta metro area are part of FTA Region IV (the Southeast). FTA would be involved, for instance, in financing the federal grant monies discussed above. But actual regulation of operations (i.e., what MARTA does each day, or what MARTA will plan to do regionally) is more closely regulated by Georgia agencies.

Until recently, the Atlanta metropolitan area had no powerful central agency to coordinate regional transit. The …

Religion As Rehabilitation? Reflections On Islam In The Correctional Setting, Spearit

Articles

This essay is the keynote lecture from the Muslims in the United States and Beyond symposium at Whittier Law School. The work reflects on the state of research into Islam in prison, including the religion's historic role in supporting inmate rehabilitation and providing a means for coping with life as a prisoner and on the outside.

The Arabs In The (Inter)National, Haider Ala Hamoudi

Articles

This essay is a commentary on an article submitted by Professor Lama Abu-Odeh as part of a special symposium edition contained in Volume 10 of the Santa Clara Journal of International Law. In her piece, Professor Abu-Odeh builds on her earlier work respecting Islamic law but adds a new target to her sites, that of the study of national security. That is, we already knew Professor Abu-Odeh’s view of the typical Islamic law scholar. He is one who is focused either on the resurrection of the shari’a in some sort of reconstructed form or involved in a thoroughly misguided search …

Dream Palaces Of Law: Western Constructions Of The Muslim Legal World, Haider Ala Hamoudi

Articles

Western distortions of the Muslim East nearly always take the same form, irrespective of who in the West is doing the distorting. One common theme can be generally gleaned from any projections of the Muslim East in the West, in any Western country, among nearly every community, including, and perhaps especially, our own academic community. This is the perception of the near ubiquitous role of Islam and, more germane to my remarks, Islamic law, of a historic, medieval kind, in governing the legal order of Muslim states, including Iraq, in a manner that can be entirely distorting. In these brief …

Enforcing Wildlife Protection In China, Peter J. Li

Animal Welfare Collection

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

Animal Ethics And The Law, Bernard E. Rollin

Animal Law and Legislation Collection

Everyone reading this Article is doubtless aware of the woeful lack of legal protection for farm animals in the United States. Not only do the laws fail to assure even a minimally decent life for the majority of these animals, they do not provide protection against the most egregious treatment. As both a philosopher who has helped articulate new emerging societal ethics for animals, and as one who has successfully developed laws embodying that ethic—notably the 1985 federal laws protecting laboratory animals—I will stress the direction we need to move in the future to enfranchise farm animals. I have seen …

International Animal Law, With A Concentration On Latin America, Asia, And Africa, Neil Trent, Stephanie Edwards, Jennifer Felt, Kelly O'Meara

State of the Animals 2005

The status of domestic animal protection laws in Asia, Africa, and Latin America varies, as one might imagine, from country to country. Countries with high per capita incomes are more likely to have a large number of animal protection organizations, whose existence normally leads to the passage of protective legislation.1 The sociopolitical, cultural, and religious backgrounds of each country, as well as previous colonization, also influence whether it has animal protection legislation and whether these laws are enforced. Previous colonization is the case in many former British colonies, which often have very good laws but neither the means nor the …

Progress In Animal Legislation: Measurement And Assessment, Andrew N. Rowan, Beth Rosen

State of the Animals 2005

As the animal movement has gained more political authority and public acceptance, it needs better ways to assess and follow its progress—or lack thereof—towards its goals. In this era, in which nonprofits and funding agencies are demanding better measures of effectiveness, the animal movement needs to examine how it looks at the progress it is (or is not) making in gaining better legal protection for animals.

The Evolution Of Animal Law Since 1950, Steven M. Wise

State of the Animals 2003

Over the last half century, the law has assumed an increasingly important place in animal protection even as it has begun to point in the direction of true legal rights for at least some nonhuman animals. In this chapter I briefly discuss five aspects of the law: anti-cruelty statutes; the necessity of obtaining standing to litigate on behalf of the interests of nonhuman animals; evolving protections for great apes; the movement toward legal rights for at least some nonhuman animals; and the state of legal education concerning animal protection.

Of Diagnoses And Discrimination: Discriminatory Nontreatment Of Infants With Hiv Infection, Mary Crossley

Articles

Evidence of physician attitudes favoring the withholding of needed medical treatment from infants infected with HIV compels a reassessment of the applicability and adequacy of existing law in dealing with selective nontreatment. Although we can hope to have learned some lessons from the Baby Doe controversy of the mid-1980s, whether the legislation emerging from that controversy, the Child Abuse Amendments of 1984, has ever adequately dealt with the problem of nontreatment remains far from clear. Today, the medical and social characteristics of most infants infected with HIV introduce new variables into our assessment of that legislation. At stake are the …

Some Preliminary Thoughts On Permitting Animals To Sue In Contract And Tort, Henry Cohen

Laws and Legislation Collection

Animal protection statutes are of course extremely valuable, and they might be made even more so if they were formulated to give private rights of action to their beneficiaries--the animals themselves. But what I would like to explore here is the idea of extending common law rights of action to animals. Admittedly, permitting animals to sue in contract and tort now seems fanciful, but my hope is that this article will provide an initial step toward bringing it about.

Does Wildlife Have Legal Standing? - The Penguin Case In Patagonia, Pedro Tarak

Laws and Legislation Collection

The Magellan penguin populations in the Patagonian province of Argentina were recently threatened by a proposed joint Japanese-Argentine venture to exploit them on a massive scale. The firm, Hinode Penguin Argentina, wished to begin slaughtering what it termed "excess" penguins, and to process the dead birds into skins for the world market; the carcasses were to be converted to a protein extract for local consumption.

Upon learning about this venture, Argentine conservation groups mobilized their forces quickly- formulating and implementing media campaigns, soliciting scientific opinions from local and worldwide experts, and concocting legal strategies. The legal tactics alone, although initially …

Updating The British Cruelty To Animals Act Of 1876: Can The Center Hold?, Judith E. Hampson

Laws and Legislation Collection

Long experience with unsuccessful attempts by British animal welfare groups to promote private members' bills for reform or rep I a cement of the 1876 Cruelty to Animals Act (Viet. C. 77, 1876) has convinced reformists that achieving this kind of change by lobbying Parliament may be impossible. It was for this reason that a small reformist group- spearheaded by the ex-chairman of the Labour Party, Lord Houghton, and an eminent surgeon, the late Lord Platt- was formed and drafted reform proposals in a document widely known as the Houghton/Piatt Memorandum (paper submitted to the Home Secretary, 1976). This report …

The Changing Concept Of Animals As Property, Vincent P. Mccarthy

Attitudes Towards Animals Collection

Enforced and maintained by a legal superstructure that regulated every aspect of a black [slave's] social, political, economic, and religious life, his property status continued until the middle of the nineteenth century when Congress passed the 13th, 14th, and 15th Amendments to the Constitution, which overturned the Dred Scott decision and recognized that a black human being had legally protectible rights.

There are some signs in recent legal decisions that a similar evolution in the status of animals is taking place: judges are beginning to draw distinctions between animals and property.

But can we ever expect that the courts will …

The Limits Of Legislation In Achieving Social Change, Theodore S. Meth

Laws and Legislation Collection

This paper is about law, not laboratory animals or philosophical ethics. It proceeds from the premise that law is an appropriate, perhaps inevitable, instrument for dealing with ethical issues related to the use of research animals.

History And Development Of Federal Animal Welfare Regulations, Pierre A. Chaloux, Max B. Heppner

Laws and Legislation Collection

In recent years, Congress has passed a number of laws that direct various government agencies to safeguard animal welfare. Our own agency has been involved principally in enforcing the Animal Welfare Act and the Horse Protection Act, and therefore we will limit this discussion to these two laws.

The Animal Welfare Act was passed in 1966 and amended in 1970 and 1976. The Act uses a system of licensing and registration to regulate a number of nonfarm businesses and organizations. These groups are required to provide humane care and treatment to regulated animals, which include hamsters, guinea pigs, rabbits, dogs, …

The Ministry Of Agriculture's Involvement With Animal Welfare, Roy Moss

Agribusiness Collection

Keeping livestock healthy is primarily the responsibility of owners. Indeed, if they did not do so they would certainly not make a profit. Advice on the prevention, treatment and possible cure of disease is the responsibility of the veterinary surgeon. Prevention of physical damage to animals and their adoption of abnormal behavior caused by confinement which prevents them from exercising their inherited behavioral patterns is the joint responsibility of the ethologist, the technologist who designs the confinement system and ancillary equipment, the livestock husbandry specialist, the veterinary surgeon and the owner. If society also decides that there is a need …

Use Of The Legislative Process In Protecting Animals, Hugh Mcnamee

Laws and Legislation Collection

The statements that I shall make in this address are based upon experience gained by me as a lawyer, and as a member of the Ohio House of Representatives. That experience was applied to the successful pioneer attempt to enact the Ohio Rodeo Law of which I was the author and the pilot. Ohio is the first state in which a law has been passed to prohibit certain cruelty practices prevalent in rodeos and thus virtually eliminate them as a medium of public entertainment.

The origin of legislation is in some comprehension of a condition that needs correction by law. …