Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, 2018 Seattle University School of Law
"Beauty Is Truth And Truth Beauty": How Intuitive Insights Shape Legal Reasoning And The Rule Of Law, Stephen M. Maurer
Seattle University Law Review
Scientists have long recognized two distinct forms of human thought. “Type 1” reasoning is unconscious, intuitive, and specializes in finding complex patterns. It is typically associated with the aesthetic emotion that John Keats called “beauty.” “Type 2” reasoning is conscious, articulable, and deductive. Scholars usually assume that legal reasoning is entirely Type 2. However, critics from Holmes to Posner have protested that unconscious and intuitive judgments are at least comparably important. This Article takes the conjecture seriously by asking what science can add to our understanding of how lawyers and judges interpret legal texts. The analysis is overdue. Humanities scholars ...
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, 2018 University of California, Berkeley
A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou
Claremont-UC Undergraduate Research Conference on the European Union
In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for irregular ...
Are Boycotts, Shunning, And Shaming Corrupt?, Scott Altman
University of Southern California Legal Studies Working Paper Series
This article argues that boycotts, shunning, and shaming are sometimes corrupt because they create incentives that undermine important individual aims, enticing people into acting for inappropriate reasons. They harm targets by undermining belief formation, or by impeding efforts at living authentically, deterring targets from declaring their beliefs in public or from pursuing projects that they believe important. They are corrupt because they make their targets willing participants in undermining their own aims, subverting their individual ambitions not to allow money or social pressure to influence their beliefs and their most important actions. Although individuals must sometimes take responsibility for maintaining ...
Owning The Land: Four Contemporary Narratives, 2018 University of Illinois College of Law
Owning The Land: Four Contemporary Narratives, Eric T. Freyfogle
Florida State University Journal of Land Use and Environmental Law
Our 1997-1998 Distinguished Lecturer authored an Essay addressing property ownership questions in view of four contemporary narratives of land ownership. This Essay discusses in turn the libertarian narrative of individual autonomy, the more traditional narrative of property focused on economic opportunity, a community-centered narrative that understands property as an evolving tool to meet community needs, and a biocentric narrative that looks to the land itself to prescribe the rules on how it can be used. This discussion begins reviewing these tales with the one that has stirred up the most controversy lately, the narrative of autonomy. It is in this ...
The History, Meaning, And Use Of The Words Justice And Judge, 2018 Texas Fifth Court of Appeals
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
St. Mary's Law Journal
The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge.
Although justice and ...
Anthony Kennedy: A Most Principled Justice, 2018 University of Pennsylvania Law School
Anthony Kennedy: A Most Principled Justice, Mitchell N. Berman, David Peters
Faculty Scholarship at Penn Law
After three decades on the Court, Justice Anthony Kennedy remains its most widely maligned member. Concentrating on his constitutional jurisprudence, critics from across the ideological spectrum have derided Justice Kennedy as “a self-aggrandizing turncoat,” “an unprincipled weathervane,” and, succinctly, “America’s worst Justice.” We believe that Kennedy is not as bereft of a constitutional theory as common wisdom maintains. To the contrary, this Article argues, his constitutional decisionmaking reflects a genuine grasp (less than perfect, more than rudimentary) of a coherent and, we think, compelling theory of constitutional law—the account, more or less, that one of has introduced in ...
Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, 2018 Texas A&M University School of Law
Weird Science: The Empircial Study Of Legal Writing/Describing Law’S Enterprise: Moving From Theory To Research Question To Research Design And Implementation, Brian Larson
How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), 2018 Texas A&M University School of Law
How We Built A Scholarly Working Group Devoted To Classical Legal Rhetoric (And How You Can Do The Same Thing With Other Legal Writing Subjects), Brian Larson, Kirsten K. Davis, Lori D. Johnson, Ted Becker, Susan E. Provenzano
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, 2018 Texas Thirteenth Court of Appeals
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
St. Mary's Journal on Legal Malpractice & Ethics
The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.
The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and ...
Debt Stigma And Social Class, 2018 Seattle University School of Law
Debt Stigma And Social Class, Michael D. Sousa
Seattle University Law Review
For as long as creditors have been extending credit to consumer debtors, Western society has stigmatized those individuals who failed to repay their financial obligations or who found themselves swamped by unmanageable debt. Over the past three decades, scholars have studied whether the stigma surrounding indebtedness and bankruptcy has declined or increased in American society, mainly due to the sharp spike in consumer bankruptcy filings during the 1990s. These studies have resulted in a general debate over whether debt stigma still exists in society. Absent from the scholarly literature to date is an exploration of whether debtors from different social ...
When At Loggerheads With Customary International Law: The Right To Run For Public Office And The Right To Vote, Thompson Chengeta
Brooklyn Journal of International Law
Many populist demagogues in America and Europe have spoken; and continue to speak; against human rights in their campaigns for political office. This article discusses the factors that have contributed to the current wave of populism; and the nature of the challenges that are presented by populism to democracy; human rights; and constitutionalism from an international human rights law perspective. It also focuses on President Donald Trump; who was voted President of the United States; even after he clearly and publicly indicated his support for torture and his intentions to approve it in the United States. To that end; the ...
The Architecture Of Law: Building Law In The Classical Tradition, 2018 University of Oklahoma
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
Brian M McCall
Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, 2018 West Virginia University College of Law
Using The Master’S Tool To Dismantle His House: Derrick Bell, Herbert Wechsler, And Critical Legal Process, William Rhee
Concordia Law Review
This Article retells the life stories of Derrick Bell, a founder of Critical Race Theory, and Herbert Wechsler, a founder of the Legal Process School, to suggest a synthesis of their often conflicting paradigms—Critical Legal Process. Critical Legal Process’s fundamental question is whether the Master’s tool, the so-called rule of law, can be considered—in the words of Wechsler’s most famous article—a genuine “neutral principle.” Can the Master’s favorite tool be repurposed to dismantle the very house it built? Can the same rule of law that was abused to build the racist Jim Crow ...
Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, 2018 Center on Wrongful Convictions, Bluhm Legal Clinic, Northwestern University Pritzker School of Law
Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard
Northwestern Journal of Law & Social Policy
No abstract provided.
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, 2018 University of Maryland Francis King Carey School of Law
Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson
Maryland Law Review
No abstract provided.
Fiction In The Code: Reading Legislation As Literature, 2018 William and Mary Law School
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Georgia State University Law Review
One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.
Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...
The Limits Of Natural Law Originalism, 2018 University College, University of Oxford
The Limits Of Natural Law Originalism, Mikolaj Barczentewicz
Notre Dame Law Review Online
In Enduring Originalism, Jeffrey Pojanowski and Kevin C. Walsh outline how originalism in constitutional interpretation can be grounded in modern natural law theory as developed by John Finnis. Their argument to that effect is powerful and constitutes a welcome addition both to natural law theory and to originalist theory. However, the authors chose to present their account as a superior alternative to, or modification of, the “positive” (“original law”) originalism of Stephen Sachs and William Baude. It is that aspect of the paper that I focus on in this short Essay. Contrary to their strong claims in that direction, Professors ...
What Can We Learn From Vulnerability Theory?, 2018 Bowling Green State University
What Can We Learn From Vulnerability Theory?, Phillip Rich
Martha Albertson Fineman frames philosophies of justice, freedom, equality, and human nature alongside original insights about the role of vulnerability and institutions in people’s lives to argue for increased government intervention. The conglomeration of these ideas form vulnerability theory, an emerging legal theory providing a loose framework for evaluating and creating public policy. The following article can be broken down into two parts. The first part defines vulnerability theory by identifying, evaluating, and discussing the interaction among the five major components of vulnerability theory: the rejection of the liberal subject in favor of a vulnerable subject, the universality and ...
Fiction In The Code: Reading Legislation As Literature, 2018 William & Mary Law School
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...