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Affect Theory, The Perceived Impact Of Judicial Diversity, And The Gender Pay Gap In The Irish Legal Profession, Caoimhe Kiernan

Books/Book Chapters

This chapter investigates how affect theory can be used as a framework when examining judicial diversity, along with how affect theory can be used to help explore the impact of increasing gender diversity on the Irish bench. This chapter will first examine the current gender pay gap in the Irish legal profession, the status of women in Ireland throughout the 20th Century, recount the women’s movement of the 1960’s and 1970’s and discuss the appointment of the first women judges to Irish courts. Affect theory will then be explored, including how affect theory can be applied as a framework when …

Full Issue: Fall 2023

DePaul Magazine

In DePaul Magazine's fall 2023, President Robert L. Manuel unveils his Designing DePaul road map to position the university for monumental impact. We also highlight an innovative program that merges law and tech, an initiative centering humanities in collaborative, community-based interactions, and the ascendance of soprano Janai Brugger (SOM '05) on the international opera stage.

Infrostructure(S): Administering Information, Kali Murray

Buffalo Law Review

This Article, Infrostructure(s): Administering Information, considers how authoritative entities generate, manage, and produce informational structures, facilities, and architectures that support market creation and creative economy decision-making between private parties and entities. The term infrostructure, as opposed to other terms, such as infostructure and infosphere, suggests that infrostructures play vital roles in modern democratic life including producing new information resources, facilitating private transactions between private parties, and building the administrative state.

This Article is divided into two parts. Part I discusses how information regulation is mediated through information forms and information systems with a focus on the materialities of information forms …

On The Place Of Self-Defense In Public Life: A Hobbesian Critique Of The Supreme Court’S Second Amendment, Rafi Reznik

Brigham Young University Journal of Public Law

Contemporary Second Amendment law, which originated with the famous Heller decision (2008) and reached a new peak with Bruen (2022), relies on an implicit political theory. This article uncovers and critiques that theory. I argue that the Supreme Court’s Second Amendment jurisprudence positions interpersonal self-defense, and more generally individual response to crime, at the heart of the meaning of American citizenship. The paradigmatic citizen for whom state institutions should be designed is a self-defender, because, per the Court’s interpretive methodology, this is what the American people want. This line of cases thus attempts one of the most challenging feats of …

Law School Announcements 2023-2024, Law School Announcements Editors

Announcements

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Suffering In Search Of A Methodological Frame: Interdisciplinarity In The Context Of The Gendered Impact Of Climate Migration, Becky Jacobs

William & Mary Environmental Law and Policy Review

In this essay, the author places the gendered impact of climate migration within the methodological frame of scholars such as geographers Sylvia Winters and Doreen Massey, historian Achille Mbembe, philosopher Gilles Deleuze, philosopher and psychoanalyst Félix Guattari, and anthropologist Tim Ingold. The author discusses the importance of interdisciplinarity and describes the gender-specific risks related to climate displacement before delving into theory.

Context At The Periphery: The Rise Of The Critical-Contextual Legal Education Reform Movement, Cara R. Shaffer

Cardozo Journal of Equal Rights & Social Justice

The article argues that legal education must reform by integrating critical-contextual approaches to address declining critical thinking skills and better prepare students for contemporary legal practice. It emphasizes the need to move beyond the traditional Langdell case method, which separates doctrinal learning from practical and contextual understanding, and highlights the importance of interdisciplinary perspectives in legal training.

Queer Crises: Movements From Queerness And Feelings Of White Religion In The United States, Austin Williams Miller

Communication ETDs

Anchored by contemporary crises surrounding queer and trans people in the United States, I employ movements from queerness within an affective queer phenomenological framework to understand how arrangements of “white religion” (Schaefer, 2015, p. 63), a process whereby U.S. American Christian forms escape ideology into religious affective economies in the United States, relegate queer people “to the background… to sustain a certain direction” (Ahmed, 2006, p. 31). I assemble a queer rhetorical context analyzing white religious space in documentary film, secular sexual regulation through contemporary U.S. legal contexts around marriage, and settler colonial Christian nationalist political imaginations to critique how …

American Exceptionalism As/In Constitutional Interpretation, Lucy Williams

Georgia Law Review

American exceptionalism—the idea that America is superior, chosen, and tasked with a unique mission—is a foundational part of America’s political culture. Its themes regularly appear in political speeches, at campaign rallies, and at national celebrations. But exceptionalism also appears frequently in another, less obvious place: Supreme Court opinions. Scholars and pundits routinely scour these opinions to identify the jurisprudential theories and political leanings that drive case outcomes. But as yet, legal scholars have paid little attention to the exceptionalist themes in the Court’s case law. Some legal scholars study the ways American constitutional law is distinctive, or exceptional, when compared …

Gender In Cultural History: Gender And Education, Dimitra Kalodimou, Maria Kapalika

Journal of Research Initiatives

The position of women in the oldest societies has often occupied the scientific community, which is a great reason to study it. Today's societies put tremendous effort into highlighting the importance of women's contribution. In this text, we will deal with the position of women in the recording of history, with women’s presence within the historical sources as well as the roles held in family business and education. In addition, the gradual changes regarding women's recovery in society will be presented and highlighted. The first steps to improve women's image started in Europe and continued worldwide. The critically studied articles …

Organizing And Communicating Health: A Culture-Centered And Necrocapitalist Inquiry Of Groundwater Contamination In Rural West Bengal, Parameswari Mukherjee

USF Tampa Graduate Theses and Dissertations

As a discursive point of praxis, this dissertation project seeks to record knowledge from below around the overlaps between health, water and health interventions emerging from rural communities located in North 24 Parganas and Purulia in West Bengal that are disproportionately impacted by water-insecurity. My dissertation also documents how multiple-stakeholders such as local NGOs, international NGOs, non-profits, and donor agencies organize access to safe water and health interventions for the water-insecure communities located in North 24 Parganas and Purulia. The integration of the CCA and necrocapitalism afford theoretical and methodological guidance in this dissertation to help document the localocentric stories …

Book Review: Kumar, Ashwani. (Ed.). (2022). Engaging With Meditative Inquiry In Teaching, Learning, And Research: Realizing Transformative Potentials In Diverse Contexts. New York, Ny: Routledge., Giovanni Rossini Phd

Journal of Contemplative and Holistic Education

Book Review of following text:

Kumar, Ashwani. (Ed.). (2022). Engaging with Meditative Inquiry in Teaching, Learning, and Research: Realizing Transformative Potentials in Diverse Contexts. New York, NY: Routledge.

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Cleveland State Law Review

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Entextualización Del Discurso Político En Colombia. Análisis Glotopolítico Del Proceso De Escritura De La Constitución De 1991, Jorge Luis Alvis-Castro

Dissertations, Theses, and Capstone Projects

Although constitutions are part of the canon of disciplinary writings, along with grammar books and etiquette manuals, and are also central texts in the processes of formation and consolidation of Latin American nation-states, to date, they have not been sufficiently explored in their social and linguistic processes of discursive elaboration. With a glottopolitical approach, this research examines the social, communicative and ideological components involved in the writing process of the Colombian Constitution of 1991, developed in a context of State crisis and violence aggravated by narco-terrorist attacks. Using the concept of entextualization, which refers to the process of extracting discourse …

What If Critical Race Theory Were Just A Legal Theory? A Christian Critique, Timon Cline, Neil Shenvi

Liberty University Law Review

The national debate over Critical Race Theory (CRT) continues to grow and deepen. Some Christians seemingly find CRT legitimate, useful, and nonthreatening to Christian theological commitments. This view is incorrect. CRT is in fundamental conflict with Christianity due to its misguided perspectives on law, morality, truth, and justice. Although CRT is more than “just a legal theory,” this article examines CRT’s legal origins and outlook, showing the inevitable tension between its claims and a Christian understanding of reality. This article also calls attention to several policy proposals suggested by CRT scholars to demonstrate how they are incompatible with Christian views …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

Law School News: Commencement 2023: Rwu Graduates Urged To 'Work Hard And Dream Big Dreams' 5-19-2023, Jill Pais, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

2023 Roger Williams University School Of Law Commencement, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

A Path For Cooperation Between Law Schools In China And The United States, Bryant Walker Smith, Ying Wang, Leighton Carlock, Karman Lucero

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

College Professors As Servant Leaders: Promoting Student Dignity In The Classroom, Garfield R. Benjamin

Journal of Vincentian Social Action

The COVID-19 pandemic brought great disparities to society as a whole. In the education sector, teachers were forced to deliver content while exploring new ways to do so through new or unfamiliar technologies, working in various modalities, while keeping students engaged. This change called for instructors to be flexible, be aware, have empathy, have foresight, build community, communicate, and care for students in this new, mostly virtual, environment. This research explores the idea of college educators as servant leaders by examining definitions of servant leadership, exploring how a servant leader empowers those they lead in times of crisis, examining implications …

Political Theory And The Volunteer: Lessons From Kahn’S Ethnography Of ‘Our Unhappy Politics’, Benjamin Berger

All Papers

This article offers a reading of Paul Kahn’s Democracy in Our America that places this intimate “work of local political theory” in a central position in the landscape of his political thought. The article argues that the figure of the volunteer, as it appears in the volume, holds a space for love and meaning—and for political happiness—that secures for it a critical role in the system of beliefs and practices that sustain self-government in the United States. That framing draws the volunteer into relationship with Kahn’s thinking about the family, the veteran, and law. But it also means that the …

Discretion And The Rule Of Law: The Significance And Endurance Of Vagrancy And Vagrancy-Type Laws In England, The British Empire, And The British Colonial World, Christopher Roberts

Duke Journal of Comparative & International Law

This article explores the history of vagrancy laws in England, the British Empire, and the British colonial world, the significance of those laws, the various challenges that were made to vagrancy laws in the twentieth century, and the limits of those challenges to date. While vagrancy laws preceded the nineteenth century, the 1824 Vagrancy Act in England set a new model, which proved extremely influential around the world over the following centuries. Between the early nineteenth and the early twentieth centuries, vagrancy laws were adopted or reformulated almost everywhere the British left a footprint. The laws that were adopted covered …

Bearing Witness: Testimony And Transitional Justice In The Aftermath Of Mass Violence, Stephen Cody, Eric Stover

Suffolk University Law School Faculty Works

The act of telling one’s story in a post-conflict setting—whether as a witness testifying in a criminal trial, recounting events before a truth commission, or speaking up at a community meeting—demands resolution and courage. This chapter explores the role testimony plays in transitional justice processes after mass violence. Psychological, social, and political factors, as well as the nature of the violence itself, influence witness testimony and memorialisation. Collective memories of violence evolve as societies pass through processes of social reconstruction and community reckoning. The chapter provides guidance to court investigators and researchers about the complexities of survivors’ testimonies and the …

Replacing Notorious: Barret, Ginsburg, And Postfeminist Positioning, Calvin R. Coker

Faculty and Staff Scholarship

This essay offers a rhetorical reading of Amy Coney Barrett’s confirmation hearings to make sense of how widespread outrage over replacing the late Ruth Bader Ginsburg with a conservative idealogue was resolved through the invocation of postfeminist motherhood. I argue that GOP Senators and Barrett herself positioned her nomination as the achievement of feminist goals, justified through rhetorics of choice and the idealization of (white) motherhood. These strategies cement Barrett as the logical and defensible successor to both Ginsburg’s seat and her legacy of feminist work. I conclude with the implications of this circulation of postfeminist motherhood, with focus on …

Giving The Fourth Amendment Meaning: Creating An Adversarial Warrant Proceeding To Protect From Unreasonable Searches And Seizures, Ben Mordechai-Strongin

University of Michigan Journal of Law Reform

For at least the past 40 years, police and prosecutors have had free reign in conducting illegal searches and seizures nominally barred by the Fourth Amendment. The breadth of exceptions to the warrant requirement, the lax interpretation of probable cause, and especially the “good faith” doctrine announced in U.S. v. Leon have led to severe violations of privacy rights, trauma to those wrongly searched or seized, and a court system overburdened by police misconduct cases. Most scholars analyzing the issue agree that the rights guaranteed by the Fourth Amendment—to be free from unreasonable search and seizure—have been severely eroded or …

Teaching Slavery In Commercial Law, Carliss N. Chatman

Michigan Journal of Race and Law

Public status shapes private ordering. Personhood status, conferred or acknowledged by the state, determines whether one is a party to or the object of a contract. For much of our nation’s history, the law deemed all persons of African descent to have a limited status, if given personhood at all. The property and partial personhood status of African-Americans, combined with standards developed to facilitate the growth of the international commodities market for products including cotton, contributed to the current beliefs of business investors and even how communities of color are still governed and supported. The impact of that shift in …

James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack

Articles

No abstract provided.

Fighting The Illicit Antiquities "Artworld": A Critical Approach To The Heritage Laws Of Guatemala, Irene Marti Gil

LSU Doctoral Dissertations

This dissertation examines the suitability of the legal framework for the protection of cultural heritage in Guatemala, which is the country of origin for over thirty percent of the Maya objects traded in the antiquities market, and proposes strategies that improve the effectiveness of the law. To examine the heritage laws enforced by the Republic of Guatemala, I implement linguistic anthropological methods of qualitative research.

Discourse Analysis, Critical Discourse Analysis, and Conceptual Analysis on the national heritage policies of Guatemala reveal the existence of ontological problems regarding the conceptualization of heritage as a monolithic entity reflecting a State-led narrative with …

In Memory Of Edward Said, Essam Fattouh

BAU Journal - Society, Culture and Human Behavior

Tim Brennan’s recent biography of Edward Said entitled Places of Mind: A life of Edward Said (2022) is a tribute to a critic, musician, activist and humanist of world caliber whose life and work continue to inspire millions of readers. This review takes a look at Brennan’s scholarly methodology in mapping Said’s life and work, but also highlights the various domains in which Said the intellectual excelled. The review further calls attention to the intersection between literature and politics, between criticism and classical music, between philosophy and innovative literary theories in Said’s legacy; a legacy so rich it continues to …

The Intersection Of Academic Freedom And Trigger Warnings, Ashleigh Maldonado

Journal of Multicultural Affairs

The purpose of this policy brief is to explore the intersection of academic freedom and trigger warnings. The author argues that the vague language within academic freedom policies and the blurred lines between judicial jurisdiction over first amendment rights and institutional jurisdiction over academic freedom policies sets the stage for future limitations on teachers’ rights within the classroom. Te author also argues that while much attention is given to the academic freedoms of instructors, more attention should be afforded to the academic freedoms of students when considering their requests for trigger warnings.