Law Commons^™

Welcoming The Stranger: Abrahamic Hospitality And Its Contemporary Implications, Ori N. Soltes, Rachel Stern, Endy Moraes

Religion

Embracing hospitality and inclusion in Abrahamic traditions

One of the signal moments in the narrative of the biblical Abraham is his insistent and enthusiastic reception of three strangers, a starting point of inspiration for all three Abrahamic traditions as they evolve and develop the details of their respective teachings. On the one hand, welcoming the stranger by remembering “that you were strangers in the land of Egypt” is enjoined upon the ancient Israelites, and on the other, oppressing the stranger is condemned by their prophets throughout the Hebrew Bible.

These sentiments are repeated in the New Testament and the Qur’an …

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 Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson

Geifman Prize in Holocaust Studies

How art museums approach NLA is important today because much of the public relies on museums for their education. NLA cases are especially controversial because they are not only legal battles, but ethical ones so museums have to be extra careful approaching them. Even if the museum has won the legal battle the public may not see them as winning the ethical one therefore they might want to avoid displaying this information to the public. However, as we can see with the previous websites, it actually looks worse for museums not to be open and honest about their NLA pieces …

Law Library Blog (April 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Stretching Out: Species Extinction And Planetary Aesthetics In Contemporary Art, Su Ballard

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

There is madness in species extinction. The horn has been removed from the last male northern white rhino on earth and he has two armed guards 24 hours a day. The huia in New Zealand were killed off by the desire for white-tipped tail feathers in Victorian hats. We fear the extinction of rhinos, we mourn the extinction of the huia, yet we might need reminding to also show concern for the extinction of the dung beetle. This paper looks at the ways that artists are engaging with these difficult events. By placing Gayatri Spivak's call for a planetarity of …

Old Sites, New Visions: Art And Archaeology Collide In Cyrus, Christopher J. Barker, Diana Wood Conroy

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

Over the past two decades Australian archaeologists have been slowly uncovering the World Heritagelisted ancient theatre site at Paphos in Cyprus. The Hellenistic-Roman period theatre was used for performance for over six centuries from around 300 BC to the late fourth century AD. There is also considerable evidence of activity on the site after the theatre was destroyed, particularly during the Crusader era.

Reflections On Motion Picture Evidence, Brian L. Frye

Law Faculty Scholarly Articles

Courts have long admitted motion pictures as evidence. But until recently, making motion pictures was expensive and cumbersome. Today, making motion pictures is cheap and easy. And as a result, people make so many of them. As Cocteau predicted, the democratization of motion pictures has enabled people to create new forms of motion picture art. But it has also enabled people to create new forms of motion picture evidence. This article offers a brief history of motion picture evidence in the United States, and reflects on the use of motion picture evidence by the Supreme Court.

If It’S Broke, Fix It: Fixing Fixation, Megan M. Carpenter

Law Faculty Scholarship

The fixation requirement, once an intended instrument for added flexibility in copyrightability, has become an unworkable standard under modern copyright law. The last twenty-five years have witnessed a dramatic expansion in creative media. Developments in both digital media and contemporary art have challenged what it means to be fixed, and cases dealing with these works reveal how inapposite current interpretations of fixation are for these forms of expression. Yet, getting fixation “right” is important, for it is often the juridical threshold over which idea becomes expression. Thus, we must enable fixation to help define the parameters of creative expression while …

Silent Protest And The Art Of Paper Folding: The Golden Venture Paper Sculptures At The Museum Of Chinese In America, Sandra Cheng

Publications and Research

Housed in the Museum of Chinese in America is the Fly to Freedom collection of paper art, which were produced by a traditional folk method of Chinese paper folding. The 123 paper works were created by detainees of the Golden Venture, a freighter used to smuggle undocumented immigrants into the U.S. On the evening of June 6, 1993, the ship ran aground off the Rockaways in New York City and nearly 300 migrants, gaunt from the four-month ordeal at sea, poured out of the cramped windowless hold of the vessel. Several drowned that night, a few escaped, but the majority …

Reframing Pictures: Reading The Art Of Appropriation, Liz Linden

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

No abstract provided.

Code Of Best Practices In Fair Use For The Visual Arts, College Art Association, Patricia Aufderheide, Peter Jaszi

Copyright, Fair Use, Scholarly Communication, etc.

The mission of the College Art Association (CAA) is to promote the visual arts and their understanding through advocacy, intellectual engagement, and a commitment to the diversity of practices and practitioners. CAA contributes to the visual arts profession as a whole through scholarly publications, advocacy, exchange of research and new work, and the development of standards and guidelines that reflect the best practices of the field. The Code of Best Practices in Fair Use for the Visual Arts is based on a consensus of professionals in the visual arts who use copyrighted images, texts, and other materials in their creative …

Trace 2015: Biennial Exhibition And Art Auction In The Streets Of 4101 (Broken Memories), Madeleine T. Kelly

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

Her art explores the materiality of images – in particular painting, as an earthen testimony figured from the ground that speaks of the primal frontiers of art, such as material transformation, as well as environmental contingencies. In this context, her work avoids dogmatism by depicting protean and rubric worlds.

Book Review: Constructing An Avant Garde: Art In Brazil, 1949-1979 By S. Martins, Michael Leggett

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

To anyone unfamiliar with the interventions made by avant-garde artists into the art world and occasionally wider society during the middle of the 20th century, this volume delivers a very readable account. The artists, the objects they made and the discussions they generated are selected here in relation to the particular practices and contexts emergent in Brazil following the chaos of World War II (during which the country remained neutral). In keeping with a historiographical approach—rather than an art historical account—the author introduces an initial group of Brazilian artists attracted to ideas concerned with the nature of the object in …

Travels With My Art: Moya Dyring And Margaret Olley, Melissa J. Boyde

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

Moya Dyring (1909–1967) was born in Melbourne where she studied at the National Art School. After a successful solo show of her early experimental cubist paintings, she travelled to France where she remained for most of her life. From 1949 Dyring lived in an apartment/studio on the Ile Saint-Louis, a small island on the Seine behind Notre Dame. The apartment became widely known as Chez Moya - an Australian salon in the heart of Paris. Over the next two decades Dyring hosted a transient coterie of Australian artists at Chez Moya. Margaret Olley was one of the young artists who …

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

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

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …

Feminism And Art: Unexpected Encounters, Susan (Su) Ballard, Agnieszka Golda

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

Since the revolutions of the 1960s, feminism and art have created spaces for thinking and rethinking the links between gender and creativity. Art has been challenged both within and without the frame, as artists and feminists disrupt and complicate pre-established modes of production and representation.

Signal Eight Times: Nature, Catastrophic Extinction Events And Contemporary Art, Su Ballard

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

Human animals bought up in the Western tradition tend to describe their encounters with other species as exchanges of power, and when confronted with extinction rush to the defence of the species at risk. This essay documents a different approach to the defence of nature. Basing itself on the work of six contemporary artists and drawing on the thought of Donna Haraway and Gregory Bateson I show how it is possible to comprehend the catastrophic extinction of birds in New Zealand by thinking about ecology. I argue that rather than defend nature, these artworks stage small moments of encounter, which …

Contemporary Indigenous Art, Ian A. Mclean

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

A new exhibition of the NGV's collection of Indigenous and Torres Strait Islander art explores Indigenous art history and culture from the early nineteenth century to now. Situating this display within broader contemporary art issues, Professor Ian McLean sheds light on the art market's recent past and potential future.

Book Review: The Art Of Censorship In Postwar Japan. Studies Of The Weatherhead East Asian Institute. By Kirsten Cather, Rowena G. Ward

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

The practice of censorship is a divisive issue that is often justified on moral reasons rather than aesthetic or legalistic ones. It is perhaps because of the claims to morality rather than to the law that it is relatively rare for censorship (or more accurately in Japan’s case, obscenity) to be the subject of criminal trials. Yet, in Japan, from the occupation years through to the present day, there has been on average one high profile censorship trial per decade. In The Art of Censorship in Postwar Japan, Kirsten Cather considers seven such censorship trials held between the 1950s and …

From Camp To Gay To Queer: David Mcdiarmid And Hiv/Aids Art, Marcus O'Donnell

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

At the end of July, Melbourne hosted the 20th International AIDS Conference. A huge red AIDS 2014 sign perched on the Swanston Street Bridge between Flinders Street Station and the Melbourne Concert Hall.

The Global AIDS Village was in action at the other end of Southbank with a variety of displays from HIV/AIDS organisations from all over the world. One of the many associated events was the marvellous exhibition of gay artist David McDiarmid’s work, When This You See Remember Me. It is still on display at the National Gallery of Victoria (NGV).

For a brief moment the HIV/AIDS epidemic …

A Robot Walks Into A Room: Google Art Project, The New Aesthetic, And The Accident Of Art, Susan (Su) Ballard

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

On the 1st February 2011 Google unleashed the Google Art Project, a new way to engage with the major collections of the world’s art galleries. With the Google Art Project came a new way of viewing, not just art but the other objects that inhabit art galleries. Google Art Project depends on a robot looking machine. This aesthetic machine is a different form of digital material that has entered into what have for a long time been quiet still spaces for human, and not machine contemplation. With an equal focus on the spaces between things as much as on the …

Blogging As Art, Art As Research, Lucas Ihlein

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

Since 2003, I have used a blog to collect and publish my ideas about art and social engagement, or to write short accounts of artworks I have witnessed and participated in (Ihlein 2003). What motivates me to blog in this way is the desire to leave behind an experiential document of ephemeral art practices. Conceptual art, performance art, Happenings, Fluxus events and Expanded Cinema: all these constitute important moments in avant-garde art history which I 'know' only by accessing fragmentary, in complete archival documents - photographs, videotapes, artists' statements. For artists working today, these archives make a significant contribution to …

Philology, Or The Art Of Befriending The Text, Ika Willis

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

This essay examines the 1960s/1970s' transformation of the text as an object of reading, and argues for an equivalent transformation of philology as a practice of reading. I focus on the oscillation between reading as literacy (the capacity to recognize and decipher a given language) and reading as interpretation (the capacity to respond to the text). This oscillation itself results from an irreducible ambiguity in the text: both a stable verbal artifact with a determinable form and a bearer of indeterminate meaning. Reading Roland Barthes's critique of philology and Ursula Le Guin's science-fictional paean to its possibilities ('The Author of …

New Australian Art Song For Low Voice, Lotte Latukefu

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

World Premieres were given of the following songs:

Bitter Cold; The Ghost Road; Autumn Thoughts- composer- Larry Sitsky At the Triton's Call- composer- May Howlett

The Churchie Art Award For Emerging Artists, Teo Treloar

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

In contemporary art and culture, we are living within a constant flood of images, diluting our attention spans. Wollongong-based artist Teo Treloar would like to challenge our state, and to bring us back to central focus. He practices in painting and drawing, usually within an intimate scale, and uses a muted colour palette and minimal, relaxed tones.

Being In The Moment: Art And Mindfullness (Urban Abstractions), Marcus O'Donnell

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

NTI’s third art exhibition will continue to explore and develop the conversation and related themes of Australian Artists in the Asian Century. being in the moment: art and mindfulness will feature contemporary local artists whose works respond to teachings about mindfulness, and the concepts of attention and awareness.

The Art Of Transformation, Sarah B. Miller

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

No abstract provided.

Re-Enacting Performance Art, Lucas M. Ihlein, Chris Hewitt, Andrea Saemann

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

Lucas Ihlein’s re-enactment work has primarily revolved around Expanded Cinema from British artists of the 1970s. Working with Louise Curham as “Teaching and Learning Cinema”, Ihlein’s approach involves a carefully annotated and documented re-invention of the original works, paying particular attention to the technological specificity of film, video and digital media.

Engaging Aboriginal Art From The Idea Of Australia, Ian A. Mclean

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

In writing the first national history of Australian art Bernard Smith was instrumental in inventing the idea of an Australian national culture. In this respect his histories should be understood in the context of a wider postcolonial – or at least post-empire – discourse that shaped the idea of Australia after the world wars. Galvanizing the many threads of this discourse was the idea of an independent nation state. What role did Aboriginal art have in this discourse? As a committed Marxist Smith had a great deal of sympathy for the downtrodden, including Aborigines. However the idea of the nation …