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Articles 1 - 26 of 26
Full-Text Articles in Arts and Humanities
A New Horizon On Sydney's Urban Frontier: The St Elmo Land Releases, Ian C. Willis
A New Horizon On Sydney's Urban Frontier: The St Elmo Land Releases, Ian C. Willis
Ian Willis
The paper examines a series of land releases by land developer Neil McLean on his farm St Elmo at Campbelltown between 1949 and 1961, which eventually formed a concentric ring around the old town centre. McLean was prescient in his understanding of the needs of Sydney's growth well before the Cumberland County Council designated Campbelltown as a satellite city in 1960. His vision and foresight put into action what the founders of the county plan envisaged as part of Sydney's metropolitan rural-urban fringe well before it happened on the city's urban frontier.
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing
Reflections On Presumed Incompetent: The Intersections Of Race And Class For Women In Academia Symposium - The Plenary Panel, Maritza I. Reyes, Angela Mae Kupenda, Angela Onwuachi-Willig, Stephanie M. Wildman, Adrien Katherine Wing
Angela Onwuachi-Willig
No abstract provided.
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo
Mateo Taussig-Rubbo
Numerous scandals arising from the United States government's increased use of armed private military contractors have drawn attention to the contractors' legally ill-defined position. But the complexity of the contractors' relation to various bodies of law and doctrine - including military law, international law, state tort law, employment law, and sovereign immunity - is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans' imaginings about those who kill and are killed on behalf of the nation. In this understanding, there is a mutually constitutive relationship between …
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
Matthew Steilen
This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker’s …
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai
Michael Boucai
In the years immediately following the Stonewall riots of June 1969, a period when "gay liberation" rather than "gay rights" described the ambitions of a movement, at least ten same-sex couples across the United States applied or attempted to apply for marriage licenses. All were refused except for two men in Texas, one of whom apparently looked convincing in a miniskirt, a wig, and false eyelashes. Lawsuits ensued in five states, and four made their way to and beyond trial.'
Punishing Without Free Will, Luis E. Chiesa
Punishing Without Free Will, Luis E. Chiesa
Luis Chiesa
Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
Samantha Barbas
In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to sue in tort and recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of "matter concerning the private life of another" would be highly offensive to a reasonable person and the matter is not "of legitimate concern to the public." If the disclosed subject matter is of legitimate public concern, the newsworthiness privilege immunizes the disclosure. However, …
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Laws Of Image: Privacy And Publicity In America, Samantha Barbas
Samantha Barbas
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came …
Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman
Recovering Socialism For Feminist Legal Theory In The 21 St Century, Cynthia Grant Bowman
Cynthia Grant Bowman
This Article argues that a significant strand of feminist theory in the 1970s and 1980s — socialist feminism — has largely been ignored by feminist jurisprudence in the United States and explores potential contributions to legal theory of recapturing the insights of socialist feminism. It describes both the context out of which that theory grew, in the civil rights, anti-war, and anti-imperialist struggles of the 1960s, and the contents of the theory as developed in the writings of certain authors such as Heidi Hartmann, Zillah Eisenstein, and Iris Young, as well as their predecessors in the U.K., and in the …
Sydney Modernism, A Recent Awakening, Ian C. Willis
Sydney Modernism, A Recent Awakening, Ian C. Willis
Ian Willis
It is pleasing to see that there has been recent interest in Sydney modernism from a number of prominent Sydney cultural institutions. The origins of modernism can be traced back to the 1880s, while Sydney modernism has be identified from the early years of the 20th century to the 1960s.
Greens Motorcade Museum Park Leppington, Ian C. Willis
Greens Motorcade Museum Park Leppington, Ian C. Willis
Ian Willis
One of the icons of the local area that has long disappeared was the car museum and picnic ground know as Greens Motorcade Museum Park at Leppington on the Old Hume Highway.
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Ian Willis
The story of European settlement in the Cowpastures is intimately connected to the story of the convicts and their masters. This story has not been told and there is little understanding of the role of the convicts in the Cowpastures district before 1840. Who were they? What did they do? Did they stay in the district? The convicts that ended up the in Cowpastures district were part of the 160,000 who were transported to the Australian colonies from England, Wales, Ireland and the British colonies. The convicts were a form of forced labour, with a global history that goes back …
Fortifying The Self-Defense Justification Of Punishment, Zac Cogley
Fortifying The Self-Defense Justification Of Punishment, Zac Cogley
Zac Cogley
Jessicahlawrencemastersportfolio.Pdf, Jessicah Lawrence
Jessicahlawrencemastersportfolio.Pdf, Jessicah Lawrence
Jessicah Lawrence
No abstract provided.
Response: Interpretation Is Not A Theoretical Issue, Stanley Fish
Response: Interpretation Is Not A Theoretical Issue, Stanley Fish
Stanley Fish
Let me begin by taking up three issues raised by Professor Seaton: (1) the relationship between interpretation and intention; (2) the relationship between literary and legal study; and (3) the relationship between theoretical accounts of a practice-law, literature, or anything else-and the performance of that practice. For Professor Seaton, these and related topics fall under the general rubric of "theories of interpretation," and he promises at the beginning of his paper to explore the theories of interpretation articulated by Dworkin, Fish, and Posner. The first thing to say is that I don't have a theory of interpretation, or, rather, my …
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk
Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk
Catherine Fisk
The death of the author was announced in literary circles quite some time ago. Rumors of the author's demise were, in my view, premature. The author isn't dead; he just got a job. Unfortunately, as if in a company-man dystopia, he has been subsumed into the identity of his corporate employer. His disappearance is by now almost complete. Although he has gone on writing, the corporation has become the author of his oeuvre. Yet the desire both to create and to be recognized as a creator is irrepressible. The creative process is both inherently individual and inescapably social. So even …
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Religious Freedom In Faith-Based Educational Institutions In The Wake Of 'Obergefell V. Hodges': Believers Beware, Charles J. Russo
Charles J. Russo
Solicitor General Donald Verrilli’s fateful words, uttered in response to a question posed by Justice Samuel Alito during oral arguments in Obergefell v. Hodges,2 likely sent chills up the spines of leaders in faith-based educational institutions, from pre-schools to universities. In Obergefell, a bare majority of the Supreme Court legalized same-sex unions in the United States. Verrilli’s words, combined with the outcome in Obergefell, have a potentially chilling effect on religious freedom. The decision does not only impact educational institutions—the primary focus of this article—but also a wide array of houses of worship. Other religiously affiliated …
Banishment, Transportation And A Penal Settlement, Ian C. Willis
Banishment, Transportation And A Penal Settlement, Ian C. Willis
Ian Willis
On January 26, 1788 a group of sailing ships unloaded their human flotsam and jetsam in Sydney Cove. Amongst those who were landed were souls who were part of the dark story of banishment and exile that dates back to Roman times. The foundation of the Australian nation was just one part of a global story of forced human suffering that is still going on today.
Flood Free Crossing Via Macarthur Bridge, Ian C. Willis
Flood Free Crossing Via Macarthur Bridge, Ian C. Willis
Ian Willis
One of the most important pieces of economic and social infrastructure in the Macarthur area is the Macarthur Bridge. The bridge is also one of the most significant pieces of engineering heritage in the Camden local government area. It provides a highlevel flood free crossing of the Nepean River which can isolate the township of Camden when the numerous low-level bridges in the area are flooded - the Cowpasture Bridge (Camden), the Cobbitty Bridge and the Menangle Bridge.
Dignity, Vol 2, Issue 1, 2017., Donna M. Hughes Dr.
Dignity, Vol 2, Issue 1, 2017., Donna M. Hughes Dr.
Donna M. Hughes
A Breath Of Fresh Air, Ian C. Willis
A Breath Of Fresh Air, Ian C. Willis
Ian Willis
Fresh air was the order of the day for patients at the newly opened Carrington Centennial Hospital for Convalescents and Incurables at Camden in 1890. The hospital followed the latest methods in medical practice and building architecture from Victorian England based on the writings and approach advocated by Florence Nightingale.
Suburbia, Gentrification And Jews, Michael Lewyn
Suburbia, Gentrification And Jews, Michael Lewyn
Michael E Lewyn
'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell
'Listen To What You Say': Rwanda’S Postgenocide Language Policies, Lynne Tirrell
Lynne Tirrell
Freedom of expression is considered a basic human right, and yet most countries have restrictions on speech they deem harmful. Following the genocide of the Tutsi, Rwanda passed a constitution (2003) and laws against hate speech and other forms of divisionist language (2008, 2013). Understanding how language shaped “recognition harms” that both constitute and fuel genocide also helps account for political decisions to limit “divisionist” discourse. When we speak, we make expressive commitments, which are commitments to the viability and value of ways of speaking. This article explores reasons a society would decide to say, “We don’t talk that way …
Finding The Sovereign In Sovereign Immunity: Lessons From Bodin, Hobbes, And Rousseau, David Schraub
Finding The Sovereign In Sovereign Immunity: Lessons From Bodin, Hobbes, And Rousseau, David Schraub
David Schraub
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Daredevil: Legal (And Moral?) Vigilante, Stephen E. Henderson
Stephen E Henderson
Sexuality In The Time Of War, Or, How Rape Became A Crime Against Humanity, Sharon Sliwinski
Sexuality In The Time Of War, Or, How Rape Became A Crime Against Humanity, Sharon Sliwinski
Sharon Sliwinski