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[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike Nov 2019

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …


In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz Jan 2018

In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …


Sources In Legal Positivist Theories, David Lefkowitz Jan 2017

Sources In Legal Positivist Theories, David Lefkowitz

Philosophy Faculty Publications

The debate about positivism in general legal theory or in the international legal scholarship manifests so many different, if not conflicting, meanings of positivism—even among legal positivists themselves—that the debate about legal positivism has proved almost unfathomable and unintelligible.

No other approach to theorizing international law is more closely associated with and dependent upon the development of an account of its sources than is positivism. The explanation for this is a simple and familiar one: if there is any thesis regarding (p. 324) law that we can uncontroversially associate with the label ‘legal positivism’, it is the view that a …


What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz Jan 2017

What Makes A Social Order Primitive? In Defense Of Hart’S Take On International Law, David Lefkowitz

Philosophy Faculty Publications

The widespread antipathy to Hart's description of international law as a simple or primitive social order, one that lacks a rule of recognition and therefore does not qualify as a legal system, rests on two misunderstandings. First, the absence of a division of labor in identifying, altering, applying, and enforcing law is as much, if not more, central to Hart's understanding of what makes a society primitive as is the absence of any secondary rules at all. Second, it is primarily in terms of the presence of such a division of labor and the implications it has for the ontology …


Glimpses Of Marshall In The Military, Kevin C. Walsh May 2016

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.


The Legitimacy Of International Law, David Lefkowitz Jan 2016

The Legitimacy Of International Law, David Lefkowitz

Philosophy Faculty Publications

The conduct of international affairs is subject to three kinds of normative standards. The first of these is prudence or rational self-interest, and its most common manifestation in international affairs involves reference to a state's national interest as a basis for defending or critiquing its international conduct. Justice provides a second metric for assessing the international conduct of states, and sometimes other actors, and a set of normative concepts including freedom, equality and fairness with which to argue for or against particular acts or policies. Law, including both international law and the foreign law of particular states, provides the third …


Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz Jan 2016

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …


Blame And The Criminal Law, David Lefkowitz Jan 2015

Blame And The Criminal Law, David Lefkowitz

Philosophy Faculty Publications

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be …


Autonomy, Residence, And Return, David Lefkowitz Jan 2015

Autonomy, Residence, And Return, David Lefkowitz

Philosophy Faculty Publications

This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersession of rights of return to T only provide evidence that the unjustly displaced have abandoned their rights to reside there, or would do so if given a just opportunity …


Giving Up On Moral Truth Shall Set You Free: Walzer On Relativism, Criticism, And Toleration, David Lefkowitz Jan 2015

Giving Up On Moral Truth Shall Set You Free: Walzer On Relativism, Criticism, And Toleration, David Lefkowitz

Philosophy Faculty Publications

Morality, Michael Walzer contends, is plural, subjective, and concrete, a multitude of moralities or moral ways of life created over time by the members of distinct historically situated communities. This entails that we must abandon the familiar notion of moral truth, according to which at least some claims of the form ‘it is wrong to ϕ’ are true in virtue of their tracking or reflecting objective and universal moral principles binding on all moral agents as such. Many of Walzer’s critics take this implication to constitute a reductio ad absurdum refutation of Walzer’s relativist meta-ethics. But what precisely do we …


[Introduction To] Universal Rights And The Constitution, Stephen A. Simon Jan 2014

[Introduction To] Universal Rights And The Constitution, Stephen A. Simon

Bookshelf

Are constitutional rights based exclusively in uniquely American considerations, or are they based at least in part on principles that transcend the boundaries of any particular country, such as the requirements of freedom or dignity? By viewing constitutional law through the prism of this fundamental question, Universal Rights and the Constitution exposes an overlooked difficulty with opinions rendered by the Supreme Court, namely, an inherent ambiguity about the kinds of arguments that count in constitutional interpretation, which weakens the foundations of our most cherished rights.

Rejecting current debates over constitutional interpretation as flawed, Stephen A. Simon offers an innovative framework …


The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon Jan 2008

The Slave, The Fetus, The Body: Articulating Biopower And The Pregnant Woman, Kevin Kuswa, Paul Achter, Elizabeth Lauzon

Rhetoric and Communication Studies Faculty Publications

Many slaveholders attempted to justify the institution of slavery in the United States by claiming that the practice of slavery was actually in the interests of the slaves themselves. Not only are these arguments invalid because they justify inhumane treatment and the imprisonment of innocent human beings, they also contain a dangerous paternalism (a “speaking for”) that has not vacated the social sphere. Indeed, this same logic—the notion that bodies can be regulated and controlled for their own protection—is presently being used to speak for the fetus in order to justify fetal rights. Borrowing from Berlant (1997), these fetal rights …


Radical Labor In A Feminine Voice: The Rhetoric Of Mary Harris 'Mother' Jones And Elizabeth Gurley Flynn, Mari Boor Tonn Jan 2008

Radical Labor In A Feminine Voice: The Rhetoric Of Mary Harris 'Mother' Jones And Elizabeth Gurley Flynn, Mari Boor Tonn

Rhetoric and Communication Studies Faculty Publications

Two women in particular, Mary Harris “Mother” Jones and Elizabeth Gurley Flynn, earned stature as labor movement legends. Jones persists as an icon for contemporary champions of progressive causes. Separated in age by nearly six decades, both gained reputations for their “leather-lunged” and militant oratory, their disarming fearlessness, and their uncanny talent for captivating the minds and hearts of audiences regardless of sex or ethnicity. Some observers have linked the pair through what Marx termed “the feminine ferment” of the movement. “The fiery example of Mother Jones had one conspicuous follower,” note Lloyd Morris, “Elizabeth Gurley Flynn.”


The French Intrigue Of James Cole Mountflorence, Jud Campbell Jan 2008

The French Intrigue Of James Cole Mountflorence, Jud Campbell

Law Faculty Publications

In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …


African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins Jan 2005

African Americans And Aboriginal Peoples: Similarities And Differences In Historical Experiences, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference brought together some of the more significant actors in the Civil Rights arena—including Gary Orfield, Julian Bond, Antonia Hernandez, Glenn Loury, William Julius Wilson, and Gerald Torres—to reflect on the dynamics of residential segregation, racial identity, institutional barriers to racial integration, inequalities in higher education, and, or …


The Perverse Paradox Of Privacy, Gary L. Mcdowell Jan 2005

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …


Delaney Amendment, Eric S. Yellin Jan 2003

Delaney Amendment, Eric S. Yellin

History Faculty Publications

In 1958, U.S. Representative James Delaney of New York added a proviso to the 1938 Federal Food, Drug, and Cosmetic Act declaring that the Food and Drug Administration cannot approve any food additive found to induce cancer in a person or animal.


Operation Rescue, Eric S. Yellin Jan 2003

Operation Rescue, Eric S. Yellin

History Faculty Publications

Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.


Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin Jan 2003

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.


Force And Colonial Development In Eastern Uganda, Carol Summers Jan 2002

Force And Colonial Development In Eastern Uganda, Carol Summers

History Faculty Publications

This article explores why and how administrators and missionaries in Eastern Uganda came to associate progress and development with the need to whip, coerce, and imprison women, developing new institutions for the violent control of wives that went far beyond more common patterns of informal patriarchal control. New Native Courts took over from husbands in arranging for troublesome wives to be whipped. New mission associations of church, teachers’ and evangelists’ groups, and church men’s groups worked to establish Christian patriarchal control over wives who rejected husbands and Christ. Both officials and missionaries understood clearly that the government and missions needed …


Book Review: The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Terryl Givens Jan 2002

Book Review: The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Terryl Givens

English Faculty Publications

Polygamy makes for fascinating social history and for best-selling potboilers as well. This study by Sarah Barringer Gordon, who teaches both law and history at the University of Pennsylvania, is the first attempt to write a full-length legal history of “the Principle.” It turns out that even in this dry-as-dust genre, polygamy fuels a very dynamic story indeed, one that reveals the rich malleability of the Constitution, the endless resourcefulness of determined guardians of public morality, and the resilience of a peculiar people committed to the practice of plural marriage.


Homicide And History, Edward L. Ayers Jan 1992

Homicide And History, Edward L. Ayers

History Faculty Publications

Violence seems more threatening today than in the relatively recent past. For centuries, crime was kept out of sight. The "criminal classes" were segregated from the rest of society. Newspapers, police, and courts paid relatively little attention to crimes among the poor. Today, things are different: television news thrives on scenes of flashing lights, distraught parents, and bloody sidewalks. Police continually patrol parts of town they used to ignore. Modern transportation permits members of the "dangerous classes" to range more widely than before. As a result, the general population is far more aware of violence now than in the past.


Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers May 1990

Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers

History Faculty Publications

Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.


Prisons, Edward L. Ayers Jan 1989

Prisons, Edward L. Ayers

History Faculty Publications

American penitentiaries developed in two distinct phases, and southern states participated in both. Virginia, Kentucky, Maryland, and Georgia built prisons before 1820, and between 1829 and 1842 new or newly reorganized institutions were established in Maryland, Tennessee, Georgia, Louisiana, Missouri, Mississippi, and Alabama. Only the Carolinas and Florida resisted the penitentiary before the Civil War.


The Evolution Of The Statute Of Uses And Its Effects On English Law, Timothy L. Martin Jan 1981

The Evolution Of The Statute Of Uses And Its Effects On English Law, Timothy L. Martin

Honors Theses

The separation of the lay and ecclesiastical courts complicated the law of succession as they drew a distinction between real and personal property. Laws pertaining to land were molded by royal courts of common law and equity, whereas laws relevant to succession of chattels were based on Roman and canonical law as interpreted by the ecclesiastical courts.