Law Commons^™

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 …

Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee

Open Educational Resources

From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and …

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …

Property, Bas Van Der Vossen

Philosophy Faculty Books and Book Chapters

"This chapter discusses the nature and value of property rights. It will explain (1) what property rights are, (2) the relationship between private property and economic development, and (3) some objections to structuring societies around such rights. This discussion throughout focuses on the decentralizing nature of private property rights, asking what implications it has from a philosophical, but also social and political, point of view."

Improving Veteran Access; Status Of Operations Of The United States Department Of Veteran Affairs Work-Study Program, Kirk Allen

Electronic Theses, Projects, and Dissertations

The usage status of The U.S. Department Veterans Affairs Work-Study Program is examined. Beneficiary numbers from the Global, Unites States, State, and Local/County perspective are reviewed. While of essential value, the program suffers from a lack of scholarly research and government oversight, and is further hindered by restrictive administrative rules lived first-hand. Research suggests that the program is operating outside of accountability to the taxpayer, presents as unnecessarily/overly-restrictive in accessibility, and is underutilized. The program appears to not be serving all veterans to full potential.

The Work-Study Program is codified in Veterans Benefits', Title 38 United States Code, Part III, …

Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg

University of New Orleans Theses and Dissertations

No abstract provided.

Jus Ad Bellum, Natural Law And The 2003 Invasion Of Iraq, Johnny Davis

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The legality of the invasion of Iraq is a vital question that goes to the heart of international law. The proper legal authority for military force and the overthrow of a sovereign government is the single most important area of international law.[1] This paper will consider whether the invasion of Iraq complied with the original intent of the Founding Fathers for the Constitutional authority to wage war and satisfied the requirements for a Just War under natural law.

Self-Actualization And The Need To Create As A Limit On Copyright, Christopher S. Yoo

All Faculty Scholarship

Personhood theory is almost invariably cited as one of the primary theoretical bases for copyright. The conventional wisdom views creative works as the embodiment of their creator’s personality. This unique connection between authors and their works justifies giving authors property interests in the results of their creative efforts.

This Chapter argues that the conventional wisdom is too limited. It offers too narrow a vision of the ways that creativity can develop personality by focusing exclusively on the results of the creative process and ignoring the self-actualizing benefits of the creative process itself. German aesthetic theory broadens the understanding of the …

The Property Species: Mine, Yours, And The Human Mind, Bart J. Wilson

Economics Faculty Books and Book Chapters

"Arguing that neither the sciences nor the humanities synthesizes a full account of property, the book offers a cross-disciplinary compromise that is sure to be controversial: Property is a universal and uniquely human custom. Integrating cognitive linguistics with philosophy of property and a fresh look at property disputes in the common law, the book makes the case that symbolic-thinking humans locate the meaning of property within a thing. That is, all human beings and only human beings have property in things, and at its core, property rests on custom, not rights. Such an alternative to conventional thinking contends that the …

Human Supremacy As Posthuman Risk, Daniel Estrada

The Journal of Sociotechnical Critique

Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of …

Backing Up Into Advocacy: The Case Of Smartphone Driver Distraction, Robert Rosenberger

The Journal of Sociotechnical Critique

For the last decade, I’ve been studying the topic of the driving impairment of smartphones. While this began as an exclusively academic project, it has increasingly compelled public engagement. One example of this came in an opinion piece I wrote in 2018 in response to a new traffic law. I take the opportunity here to fill out the academic backstory of this particular op-ed, reflect on how this larger project has evolved to include an unanticipated public-facing edge, and abstract some lessons about public writing.

From Protecting To Performing Privacy, Garfield Benjamin

The Journal of Sociotechnical Critique

Privacy is increasingly important in an age of facial recognition technologies, mass data collection, and algorithmic decision-making. Yet it persists as a contested term, a behavioural paradox, and often fails users in practice. This article critiques current methods of thinking privacy in protectionist terms, building on Deleuze's conception of the society of control, through its problematic relation to freedom, property and power. Instead, a new mode of understanding privacy in terms of performativity is provided, drawing on Butler and Sedgwick as well as Cohen and Nissenbaum. This new form of privacy is based on identity, consent and collective action, a …

The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee

St. Mary's Law Journal

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …

The Unwavering Movement: Integrating Reason Into British Penal Code 1730-1823, Rebecca M. Good

International ResearchScape Journal

Between the early 16^th and 18^th centuries, English attitude towards crime and correction were based on the strong held belief that faith and religion were the only cure to immorality. Lawmakers began to threaten citizens with capital punishment for menial crimes such as petty theft and begging. Resulting of a moral panic, lawmakers turned to the deterrence to dissuade citizens from partaking in criminal activity. The list of crimes punishable by death in England rose from 50 offenses in 1688 to over 220 in 1815. This article explains the origins of the Bloody Code and how Enlightenment-Era thought …

The Reliable Revisionist, Caitlyn Schaffer

Philosophy: Student Scholarship & Creative Works

The present text explores how the topic of head and heart is much more complicated than one would expect, according to Paul Henne and Walter Sinnot-Armstrong, contributors of Neuroexistentialism. “Does Neuroscience Undermine Morality” aims at figuring out the problem of which moral judgments we can trust, judgments from one’s head (revisionism) or judgments from one’s heart (conservatism). My hypothesis suggests the opposite of the authors, I believe that if you are a revisionist, your first order intuitions are reliable. After setting the framework, I make three main arguments. (A.) If you are able to self-correct then you can identify errors …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

Autonomy, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

Personal autonomy is a constitutive element of all rights. It confers upon a rightholder the power to decide whether, and under what circumstances, to exercise her right. Every right infringement thus invariably involves a violation of its holder’s autonomy. The autonomy violation consists of the deprivation of a rightholder of a choice that was rightfully hers — the choice as to how to go about her life.

Harms resulting from the right’s infringement and from the autonomy violation are often readily distinguishable, as is the case when someone uses the property of a rightholder without securing her permission or, worse, …

Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes

Honors College Theses

In the later twentieth century, American law attempted to address legacies of unjust treatment of Native Americans though legislation like the Indian Child Welfare Act, which requires considering Native American identity in child custody decisions. This created some complex legal questions about exactly what constituted Native identity. The Supreme Court case, Adoptive Couple v. Baby Girl, exposed a number of problems that arose from determining authentic tribal identity. To offer a more precise analysis of the problem of identity in American law, I will engage in philosophical investigations into the nature of authenticity, bringing in the work of the …

Of Law And Other Artificial Normative Systems, Mitchell N. Berman

All Faculty Scholarship

Different theories of law are situated within different pictures of our normative landscape. This essay aims to make more visible and attractive one picture that reflects basic positivist sensibilities yet is oddly marginalized in the current jurisprudential literature. The picture that I have in mind tries to vindicate surface appearances. It maintains that the social world is densely populated by countless normative systems of human construction (“artificial normative systems”) whose core functions are to generate and maintain norms (oughts, obligations, powers, rights, prohibitions, and the like). The norms that these systems output are conceptually independent from each other, and may …

Kennedy's Legacy: A Principled Justice, Mitchell N. Berman, David Peters

All Faculty Scholarship

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 other work …

The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco

Journal of Vincentian Social Action

In this article we have projected three central objectives: first, to delimit the scope and limits of the recognition granted by the Aristotelian-Thomist tradition to the centrality of the common political good in life and in the fullness of the human being; Secondly, to specify the nature of the present difficulties that has the same possibility of the common reaches, by virtue of the valuation of the diversity projected by the liberal tradition inherited from Modernity; Thirdly, to analyze the impact that the dichotomy common good/diversity has had and continues to have on the way in which intra-organizational conflicts and …

Feeling As Knowing: Trans Phenomenology And Epistemic Justice, B. Lee Aultman

Dissertations, Theses, and Capstone Projects

This dissertation is a critical intervention into the literatures on epistemic and phenomenological claims about trans experiences, and embodied knowledge more generally. It also addresses the conception of ordinary affects, or feelings of self-adjustment in everyday life, and their political implications for trans people. Traditional literatures on the political tend to avoid questions of embodiment and the experiences of everyday life in favor of institutional interpretations of courts, elections, and protest movements. This has become particularly true of scholarship on trans politics and theories of ordinary life. These literatures often reduce political movements to their presumed universal intentions for constitutional …

The Politics Of Wounds, Jonathan Nash

Electronic Thesis and Dissertation Repository

What configuration of strategies and discourses enable the white male and settler body politic to render itself as simultaneously wounded and invulnerable? I contextualize this question by reading the discursive continuities between Euro-America’s War on Terror post-9/11 and Algeria’s War for Independence. By interrogating political-philosophical responses to September 11, 2001 beside American rhetoric of a wounded nation, I argue that white nationalism, as a mode of settler colonialism, appropriates the discourses of political wounding to imagine and legitimize a narrative of white hurt and white victimhood; in effect, reproducing and hardening the borders of the nation-state. Additionally, by turning to …

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …

Our Principled Constitution, Mitchell N. Berman

All Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …

For Legal Principles, Mitchell N. Berman

All Faculty Scholarship

Most legal thinkers believe that legal rules and legal principles are meaningfully distinguished. Many jurists may have no very precise distinction in mind, and those who do might not all agree. But it is widely believed that legal norms come in different logical types, and that one difference is reasonably well captured by a nomenclature that distinguishes “rules” from “principles.” Larry Alexander is the foremost challenger to this bit of legal-theoretic orthodoxy. In several articles, but especially in “Against Legal Principles,” an influential article co-authored with Ken Kress two decades ago, Alexander has argued that legal principles cannot exist.

In …

The Inevitability And Ubiquity Of Cycling In All Feasible Legal Regimes: A Formal Proof, Leo Katz, Alvaro Sandroni

All Faculty Scholarship

Intransitive choices, or cycling, are generally held to be the mark of irrationality. When a set of rules engenders such choices, it is usually held to be irrational and in need of reform. In this article, we prove a series of theorems, demonstrating that all feasible legal regimes are going to be rife with cycling. Our first result, the legal cycling theorem, shows that unless a legal system meets some extremely restrictive conditions, it will lead to cycling. The discussion that follows, along with our second result, the combination theorem, shows exactly why these conditions are almost impossible to meet. …

Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen

All Faculty Scholarship

In an unusual case, Scottish-born painter Peter Doig was accused of wrongfully denying the authenticity of a painting he insisted he did not paint, to the financial detriment of the work’s owner. Doig won the case against him, which commenced in 2013 and continued for three years. United States District Judge Gary Feinerman ultimately ruled that the evidence presented in a week-long trial proved “conclusively” that Doig did not paint the plaintiff owner’s painting. The case raised concerns about whether a living artist should ever be required by law to authenticate a work of art ascribed to him or her …