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- Professor Ben M Tsamenyi (6)
- Lowell Bautista (5)
- Allen Mendenhall (3)
- David Randall Jenkins, Ph.D. (2)
- Dr. Saumya Uma (2)
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- Felice J Batlan (2)
- Nick J. Sciullo (2)
- Philippe Nonet (2)
- Phillip Johnson (2)
- Adam Arenson (1)
- Arthur Mitchell Fraas (1)
- Cary Federman (1)
- Daniel A Farber (1)
- David Ingram (1)
- Dr Gabriel Garcia (1)
- Dr Jennifer M Nielsen (1)
- Holly Doremus (1)
- Karen H. Rothenberg (1)
- Karen M Tani (1)
- Lisa R Pruitt (1)
- Mark Graber (1)
- Michael S. Green (1)
- Paulo Ferreira da Cunha (1)
- Quentin Hanich (1)
- Richard Mohr (1)
- Sinkwan Cheng (1)
- Suzanna Sherry (1)
- Tessa Kansas (1)
- Tsion Chudnovsky, JD (1)
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Articles 1 - 30 of 46
Full-Text Articles in Arts and Humanities
The Real Legal Realism, Michael S. Green
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes
Cary Federman
The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …
The Origins Of The Modern Mugshot, Tsion Chudnovsky
The Origins Of The Modern Mugshot, Tsion Chudnovsky
Tsion Chudnovsky, JD
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Suzanna Sherry
No abstract provided.
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Felice J Batlan
Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr
Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr
Richard Mohr
Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …
Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass
Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass
Felice J Batlan
No abstract provided.
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
How The Opacity Of The Art World Hinders Those Seeking Restitution.Pdf, Tessa Kansas
Tessa Kansas
Judgment, Philippe Nonet
Do You Sincerely Want To Be Radical, Phillip Johnson
Do You Sincerely Want To Be Radical, Phillip Johnson
Phillip Johnson
No abstract provided.
What Is Positive Law, Philippe Nonet
The Return Of The Christian Burial Speech Case, Phillip Johnson
The Return Of The Christian Burial Speech Case, Phillip Johnson
Phillip Johnson
No abstract provided.
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Quentin Hanich
No abstract provided.
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Making Claims: Indian Litigants And The Expansion Of The English Legal World In The Eighteenth Century, Arthur Fraas
Arthur Mitchell Fraas
This paper explores the British Imperial legal world of the mid-eighteenth century. Within this period, the previously confined spaces of English law and legal institutions became open to an ever widening set of legal subjects, both people as well as places. The paper focuses on what was at the time perhaps England’s most remote and murkily defined legal space, the East India Company (EIC) settlements at Madras, Bombay and Calcutta. The paper shows how a series of legal actors: metropolitan judges, Indian litigants and elite lawyers, first bridged the legal worlds of England and the subcontinent. I argue that by …
Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista
Gaps, Issues And Prospects: International Law And The Protection Of Underwater Cultural Heritage, Lowell Bautista
Lowell Bautista
The protection and preservation of underwater cultural heritage is becoming an increasingly important issue as technologies develop which allow for its exploitation. The UNESCO Convention on the Protection of Underwater Cultural Heritage ("UCH Convention") is an important step in the international regulation of this resource. This paper examines the theoretical and historical antecedents of the UCH Convention, and outlines the Convention's most significant provisions. Specifically, this paper examines how the UCH Convention protects underwater cultural heritage in six areas: internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the continental shelf, and the Area. This paper then …
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista
Lowell Bautista
In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …
The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista
The Legal Status Of The Philippine Treaty Limits In International Law, Lowell Bautista
Lowell Bautista
The fundamental position of the Philippines is that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. The issue of the legal status of the Philippine Treaty Limits in international law has been subject of much academic debate and serious criticisms. This paper will analyse the legal status of the Philippine Treaty Limits …
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
The Philippine Treaty Limits And Territorial Water Claim In International Law, Lowell Bautista
Lowell Bautista
The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the SeaConvention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of …
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista
Lowell Bautista
The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.
A New Introduction To American Constitutionalism, Mark Graber
A New Introduction To American Constitutionalism, Mark Graber
Mark Graber
A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry
Daniel A Farber
No abstract provided.
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Ocean Energy And The Law Of The Sea: The Need For A Protocol, Ben Tsamenyi, Max Herriman
Professor Ben M Tsamenyi
Although fossil fuels are the overwhelming source of energy for the world, and will continue to be so for the foreseeable future, demographic, environmental, political, and economic factors indicate that interest in alternative, renewable sources of energy will grow. There is a need for both global and national policies on ocean energy management. In particular, coastal slates and the energy industry would benefit from guidelines that helped to create a predictable, stable environment in which long-term, high-cost research, development, and investment decisions could be made with confidence. Coastal states have jurisdiction over the maritime zones most relevant to energy production, …
Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich
Current International Law And Practice Regarding The Right Of Hot Pursuit, Jack Mccaffrie, Ben Tsamenyi, Quentin Hanich
Professor Ben M Tsamenyi
No abstract provided.
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Addressing Corruption In Pacific Islands Fisheries: A Report/Prepared For Iucn Profish Law Enforcement, Corruption And Fisheries Project, Ben M. Tsamenyi, Quentin A. Hanich
Professor Ben M Tsamenyi
No abstract provided.
International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle
International Marine Conservation Law And Its Implementation In Australia, G. Rose, Ben Tsamenyi, Alison Castle
Professor Ben M Tsamenyi
No abstract provided.
Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz
Public International Law: An Australian Perspective, Ben Tsamenyi, Sam Blay, Ryszard Piotrowicz
Professor Ben M Tsamenyi
No abstract provided.
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Implementing International Environmental Law In Australia: Queensland V The Commonwealth (Full Court Of The High Court Of Australia, Mason Cj, Brennan, Deane, Dawson Toohey, Gaudron And Mchugh Jj 30june 1989), Ben Tsamenyi, J Bedding
Professor Ben M Tsamenyi
No abstract provided.
Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh
Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh
Karen M Tani
No abstract provided.
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo
Nick J. Sciullo
To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …