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Articles 1 - 10 of 10
Full-Text Articles in Law
Judging Genocide In Rwanda: Lay Judges And Mass Prosecutions In Local Courts, Chakravarty Chakravarty
Judging Genocide In Rwanda: Lay Judges And Mass Prosecutions In Local Courts, Chakravarty Chakravarty
Studio for Law and Culture
The motivations, attitudes and behaviors of the quarter million lay judges who ran the mass prosecutions for genocide is a curiously under-studied topic in the growing literature on the local gacaca courts in Rwanda. The state would have failed to prosecute thousands of citizens without the cooperation of these judges. Yet this post-genocide Tutsi-dominated authoritarian state allowed these courts to run more or less independently and left this all-important task in the hands of lay judges. The judges too volunteered to work without compensation. Who were the judges? Why did they agree to take on the social and economic risks …
“Willing Victims” And “Innocence Unguarded”?: Ambiguous Volition, Perishable Promises, And Disavowed Consent In Fielding’S Amelia, Nicole M. Wright
“Willing Victims” And “Innocence Unguarded”?: Ambiguous Volition, Perishable Promises, And Disavowed Consent In Fielding’S Amelia, Nicole M. Wright
Studio for Law and Culture
This paper examines Henry Fielding’s novel Amelia (1751) as a prescient literary contemplation of the temporality of consent. The novel’s preoccupation with impulsive consent and fluctuations of intention is set against a background of shifting legal standards concerning the imperishability of consent. Characters feel bound by norms discouraging the retraction of consent. Amelia’s private sexual episodes prepare the reader to deliberate over crises of accountability in non-sexual public settings (the criminal justice system, the gambling den, Vauxhall, and elsewhere). Modern-day legislation and university sexual codes enshrining the stepwise gauging of consent derive from such early reappraisals of the duration of …
Demanding The Angels’ Share: Intellectual Property And Spiritual Organization In The Urantia Foundation, Andrew Ventimiglia
Demanding The Angels’ Share: Intellectual Property And Spiritual Organization In The Urantia Foundation, Andrew Ventimiglia
Studio for Law and Culture
This article explores the role that intellectual property plays as it shapes the circulation and use of ‘The Urantia Book,’ a divinely revealed text published in 1955 and embraced by a community of believers. For many modern spiritual communities – of which the Urantian community is a telling example – their coherence no longer lies in a centralized institution like the church but instead in a shared dedication to sacred texts and other religious media. Thus, intellectual property has become an effective means to administer the ephemeral beliefs and practices mediated by these texts. This article explores a number of …
Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall
Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy J. Sepinwall
Studio for Law and Culture
When a corporation commits a crime, whom may we hold criminally liable? One obvious set of defendants consists of the individuals who perpetrated the crime on the corporation’s behalf. But according to the responsible corporate officer (RCO) doctrine – a doctrine that is growing more widespread – the state may also prosecute and punish those corporate executives who, although perhaps lacking “consciousness of wrongdoing,” nonetheless have “a responsible share in the furtherance of the transaction which the statute outlaws.” In other words, the RCO doctrine imposes criminal liability on the executive who need not have participated in her corporation’s crime; …
Nature, Nurture, Narrative, Law: The Wellesley Case, Oliver Twist, And The Victorian Anxiety About Parentage, Sarah Abramowicz
Nature, Nurture, Narrative, Law: The Wellesley Case, Oliver Twist, And The Victorian Anxiety About Parentage, Sarah Abramowicz
Studio for Law and Culture
Charles Dickens’s Oliver Twist heralded the popularity in Victorian England of a new type of novel, the novel of child development, that traced the experience of displaced child protagonists as they found their place in the world by working out their relationships with a series of parents and parent-figures. At the same time, the newly prominent field of English child custody law began to articulate why and how parentage matters for a developing child. An examination of one of the first highly publicized English custody disputes, Wellesley v. Beaufort, brings out some of the concerns about parentage at work …
The Administration Of Genius: Expertise And The Patent Bargain, Kara W. Swanson
The Administration Of Genius: Expertise And The Patent Bargain, Kara W. Swanson
Studio for Law and Culture
This Article investigates the role of the patent clerk in the nineteenth century development of the patent system to provide a new history of the foundational metaphor of the patent system, the “patent bargain.” The “patent bargain” refers to the exchange represented by each issued patent, in which the inventor reveals a novel idea in return for a limited-term monopoly to exploit that idea. Today, critiques of the patent system focus on whether the patent bargain is a good deal, that is, whether the economic interests of inventors and the public are served by issued patents. Drawing upon nineteenth-century patent …
The Aesthetics Of Affirmative Action, Brian Soucek
The Aesthetics Of Affirmative Action, Brian Soucek
Studio for Law and Culture
Justice Thomas’s dissent in Grutter v. Bollinger — which dismissed diversity as an “aesthetic” — highlighted the Supreme Court’s least-discussed rationale for affirmative action in higher education: the claim that visible diversity in elite institutions bolsters those institutions’ “perceived legitimacy.” This Article takes seriously that claim, and Thomas’s critique, as distinctively aesthetic arguments about the role of appearances in public life. By distinguishing the perceived legitimacy argument from others made on behalf of affirmative action, the Article traces for the first time its origins, scope, and unacknowledged popularity. By identifying the aesthetic logic of the Court's argument and drawing on …
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
The Power To Destroy: Discriminatory Property Assessments And The Struggle For Tax Justice, Andrew W. Kahrl
Studio for Law and Culture
High assessments on African American-owned land became a common, if often invisible, feature of Jim Crow governance. Discriminatory modes of property taxation served as a weapon of social control, an instrument of land speculation and redevelopment, and a vehicle for the unequal distribution of public services. This essay traces the strange career of the property tax from the period of Reconstruction to the age of Jim Crow, situating racial differentials in the assessment and collection of ad valorem taxes within the broader framework of white supremacist governance, and provides a case study of property tax discrimination in civil rights-era Mississippi. …
“You Will See My Family Became So American”: Immigration, Racial Visibility, And Specular Citizenship, Sherally Munshi
“You Will See My Family Became So American”: Immigration, Racial Visibility, And Specular Citizenship, Sherally Munshi
Studio for Law and Culture
This paper explores the vexed relationship between legal form and personhood that arises in the context of Indian immigration and naturalization in the early twentieth century. In 1932, Dinshah P. Ghadiali received notice that the government was seeking to cancel his citizenship on grounds of “racial ineligibility.” In his self-published writing about the trial, Ghadiali wondered whether he been singled out for persecution by professional rivals. In fact, he had been caught in a larger campaign to denaturalize citizens of Indian origin after the Supreme Court, in United States v. Bhagat Singh Thind (1923), determined that “Hindus” were racially ineligible …
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Can Moving Pictures Speak? Silent Film, Free Speech, And Social Science In Early 20th Century Law, Jennifer Petersen
Studio for Law and Culture
When the Supreme Court was first confronted with a First Amendment case involving film, it was confronted with a difficult and fascinating question: were silent films speech? The decision in the case, Mutual v. Ohio (1915), famously answered no. The decision is usually understood to be part of a tradition of interpretations of the First Amendment as applying primarily to political opinion; in this reading, film was not protected because it was entertainment and/or commerce. However, Mutual also contains a set of arguments about the nature of film as more akin to action than to speech — arguments embedded in …