Law Commons^™

Evaluations Of Im/Politeness Of An Intercultural Apology, Wei-Lin Melody Chang, Michael Haugh

Faculty of Law, Humanities and the Arts - Papers (Archive)

This study examines variation in evaluations of im/politeness of a recording of a naturally occurring intercultural apology, focusing in particular on potential cultural differences in these evaluations across speakers of (Australian) English and (Mandarin) Chinese. We first closely analyse the apology itself as a form of social action, and suggest in the course of this analysis that evaluations of im/politeness are closely tied to converging and diverging interpretations of actions and meanings that are interactionally achieved in situated discourse. The results of a survey of evaluations of the apology and follow-up interviews with Australian and Taiwanese informants are then discussed. …

Whie Closets, Jangling Nerves And Biopolitics Of The Public Secrety, Fiona Probyn-Rapsey

Faculty of Law, Humanities and the Arts - Papers (Archive)

Some of the white men in country towns who would specially discriminate against Aborigines by day, under the cover of darkness would slip out to the Aboriginal Reserve or fringe camp looking for sex with Aboriginal women . . . This ambivalence, the jangling coexistence within the same individuals of aversion and attraction, desire and repulsion, itself constitutes one of the raw nerves of race relations.

The Supermarket Play, Luke M. Johnson

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Hollow Mark, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

At three metres in height, the figure of a man looms over the viewer. Painted on two fibreglass resin panels with a thin wash of paint in muted, sombre colours, the man is stretched and anamorphically distorted. His elongated legs seem to enable him to reach towards the sky, so it takes a moment to realize that this is a figure with no head or face, an anonymous figure burdened by two heavy bags of books that bend his back and drag his arms groundward.

Food Stories: Culinary Links Of An Island State And A Continent, Cecilia Y. Leong-Salobir

Faculty of Law, Humanities and the Arts - Papers (Archive)

Foodways has increasingly become an important lens for the analysis of historical, social and cultural studies. Anthropologists and historians in particular view food consumption as ways of understanding cultural adaptation and social grouping. The food practices of a social grouping reveal rich dimensions of people's lives, indicating their sense of identity and their place within the wider community. As well, food is one of the most visible aspects of a community's cultural tradition. It is through food too that a social grouping "borrows" food practices and appropriate food items from other cultures to make them its own. This chapter intends …

Paul Sharrad Reviews Vishvarupa By Michelle Cahill, Paul Sharrad

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Indian interest of this collection of poems is clearly announced in its title: a Sanskrit word meaning the full manifestation of the divine countenance (such as Arjuna experienced in relation to his teacher Krishna in the Bhagavad Gita). It also carries the idea of a manifold of multiple aspects: appropriate for this varied selection of topics. The poems are carefully arranged so that the three main focuses — meditations while bushwalking, a mother reflecting on her life and that of her daughter in suburban Australia, and travels in India — become a varied selection. It’s possible that something gets …

Book Review: Kallendorf, Craig. The Other Virgil: "Pessimistic" Readings Of The Aeneid In Early Modern Culture, Ika Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Other Virgil is introduced as a contribution to the debate within classical scholarship over the historicity of "pessimistic" readings of Virgil’s Aeneid. This debate might at first appear to be a minor intradisciplinary quarrel, but in fact it has important implications for reception study more broadly, raising questions about the historicity of reception (and reading in general) and about the validity of various contemporary methodological approaches to reception and allusion.

El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie

Hispanic Studies Honors Projects

This Honors Project reflects my four years of experiences as a student of the Hispanic Studies Department. The project incorporates my experience and research conducted during my study abroad experience in Argentina, Spanish, and critical study and theory. Throughout the project, I examine the dichotomy between assimilation and liberation as a framework for the LGBTQ movement, and the commonalities in the histories of the three countries. My thesis states that: as a result of globalization and what I call the transatlantic trade of ideas, the LGBTQ movements in Spain, Argentina and the U.S. have all adapted a limited and ultimately …

Associational Privacy And The First Amendment: Naacp V. Alabama, Privacy And Data Protection, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Myth Of The Fully Informed Rational Actor, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Advocacy Revalued, Geoffrey C. Hazard Jr., Dana A. Remus

All Faculty Scholarship

A central and ongoing debate among legal ethics scholars addresses the moral positioning of adversarial advocacy. Most participants in this debate focus on the structure of our legal system and the constituent role of the lawyer-advocate. Many are highly critical, arguing that the core structure of adversarial advocacy is the root cause of many instances of lawyer misconduct. In this Article, we argue that these scholars’ focuses are misguided. Through reflection on Aristotle’s treatise, Rhetoric, we defend advocacy in our legal system’s litigation process as ethically positive and as pivotal to fair and effective dispute resolution. We recognize that advocacy …

On The Study Of Judicial Behaviors: Of Law, Politics, Science And Humility, Stephen B. Burbank

All Faculty Scholarship

In this paper, which was prepared to help set the stage at an interdisciplinary conference held at the University of Indiana (Bloomington) in March, I first briefly review what I take to be the key events and developments in the history of the study of judicial behavior in legal scholarship, with attention to corresponding developments in political science. I identify obstacles to cooperation in the past – such as indifference, professional self-interest and methodological imperialism -- as well as precedents for cross-fertilization in the future. Second, drawing on extensive reading in the political science and legal literatures concerning judicial behavior, …

Are Those Who Ignore History Doomed To Repeat It?, Peter Decherney, Nathan Ensmenger, Christopher S. Yoo

All Faculty Scholarship

In The Master Switch, Tim Wu argues that four leading communications industries have historically followed a single pattern that he calls “the Cycle.” Because Wu’s argument is almost entirely historical, the cogency of its claims and the force of its policy recommendations depends entirely on the accuracy and completeness of its treatment of the historical record. Specifically, he believes that industries begin as open, only to be transformed into closed systems by a great corporate mogul until some new form of ingenuity restarts the Cycle anew. Interestingly, even taken at face value, many of the episodes described in the …

The Unsolved Mysteries Of Causation And Responsibility, Kimberly Kessler Ferzan

All Faculty Scholarship

This article is part of a symposium on Michael Moore's Causation and Responsibility. In Causation and Responsibility, Moore adopts a scalar approach to factual causation, with counterfactual dependency serving as an independent desert basis. Moore’s theory of causation does not include proximate causation. The problem with Moore's argument is that the problems with which proximate causation dealt - how and when to limit cause in fact - remain unresolved. In this paper, I focus on two sets of problems. The first set is the “fit” or categorization problems within the criminal law. I focus on three matches: (1) the fit …

Examining Gender Stereotypes In New Work/Family Reconciliation Policies: The Creation Of A New Paradigm For Egalitarian Legislation, Rangita De Silva De Alwis

All Faculty Scholarship

No abstract provided.

Managing Moral Risk: The Case Of Contract, Aditi Bagchi

All Faculty Scholarship

The concept of moral luck describes how the moral character of our actions seems to depend on factors outside our control. Implications of moral luck have been extensively explored in criminal law and tort law, but there is no literature on moral luck in contract law. I show that contract is an especially illuminating domain for the study of moral luck because it highlights that moral luck is not just a dark cloud over morality and the law to bemoan or ignore. We anticipate moral luck, i.e., we manage our moral risk, when we take into account the possibility that …

"Let 'Em Play" A Study In The Jurisprudence Of Sport, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

Examining The "Stick" Of Accreditation For Medical Schools Through Reproductive Justice Lens: A Transformative Remedy For Teaching The Tuskegee Syphilis Study, Deleso Alford Washington

Journal Publications

The Tuskegee Syphilis Study, like the traditional recounting of the event, failed to acknowledge the direct impact of untreated syphilis in women. Arguably, the most infamous biomedical research study ever performed by the United States government is the Tuskegee Syphilis Study, which occurred between 1932 and 1972 in Macon County, Alabama. The stated purpose of the Tuskegee Syphilis Study was to determine the effects of untreated syphilis on Black men in Macon County, Alabama. Accordingly, historical and legal accounts have primarily told the stories of the male participants of the Study.

However, an overlooked yet important question looms: What about …

Blackmail, Mitchell N. Berman

All Faculty Scholarship

Blackmail - the wrongful conditional threat to do what would be permissible - presents one of the great puzzles of the criminal law, and perhaps all of law, for it forces us to explain how it can be impermissible to threaten what it would be permissible to do. This essay, a contribution to forthcoming collection of papers on the philosophy of the criminal law, seeks to resolve the puzzle by building on, and refining, an account of blackmail that I first proposed over a decade ago, what I termed the "evidentiary theory of blackmail." In doing so, it also critically …

Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Breaching The Mortgage Contract: The Behavioral Economics Of Strategic Default, Tess Wilkinson-Ryan

All Faculty Scholarship

Underwater homeowners face a quandary: Should they make their monthly payments as promised or walk away and save money? Traditional economic analysis predicts that homeowners will strategically default (voluntarily enter foreclosure) when it is cheaper to do so than to keep paying down the mortgage debt. But this prediction ignores the moral calculus of default, which is arguably much less straightforward. On the one hand, most people have moral qualms about breaching their contracts, even when the financial incentives are clear. On the other hand, the nature of the lender-borrower relationship is changing and mortgage lenders are increasingly perceived as …

Human Rights Are Mutual Obligations: The Perceptions Of Pakistani Muslim Women About Rights And Freedom, Rashida Qureshi

Book Chapters / Conference Papers

No abstract provided.

Present At The Resurrection: Islamic Finance And Islamic Law, Haider Ala Hamoudi

Articles

This short paper summarizes an extremely stimulating plenary session, held at the XVIIIth Congress of the International Academy of Comparative Law in Washington DC, dealing specifically with the topic of Islamic finance. The speakers were three renowned leaders in the field. Specifically, they were Kilian Balz, a partner at Amereller who has both practiced extensively in the field, and written about it while at the Harvard Islamic Legal Studies Program at Harvard Law School, Frank Vogel, coauthor of a leading book on Islamic finance and former director of the Islamic Legal Studies Program, and Mahmoud El Gamal, a prolific writer …

Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi

Articles

This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …

When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed

Faculty Scholarship

In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …

Feminism, Power, And Sex Work In The Context Of Hiv/Aids: Consequences For Women's Health, Aziza Ahmed

Faculty Scholarship

This paper examines the involvement of feminists in approaches to sex work in the context of HIV/AIDS. The paper focuses on two moments where feminist disagreement produced results in favor of an "anti-trafficking" approach to addressing the vulnerability of sex workers in the context of HIV. The first is the UNAIDS Guidance Note on Sex Work and the second is the "anti-prostitution pledge" found in the Presidents Emergency Plan for AIDS Relief. This article also examines the anti-sex work position articulated by abolitionist feminists and demonstrates the unintended consequences of the abolitionist position on women's health. By examining the actual …

"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.

Punishment As Contract, Claire Oakes Finkelstein

All Faculty Scholarship

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment, …

The Legitimating Role Of Consent In International Law, Matthew J. Lister

All Faculty Scholarship

According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but …