Law Commons^™

Speculative Immigration Policy, Matthew Boaz

Scholarly Articles

This Article considers how speculative fiction was wielded by the Trump administration to implement destructive U.S. immigration policy. It analyzes the thematic elements from a particular apocalyptic novel, traces those themes through actual policy implemented by the president, and considers the harm effected by such policies. This Article proposes that the harmful outcomes are not due to the use of speculative fiction, but rather the failure to consider the speculative voices of those who have been historically marginalized within the United States. This Article argues that alternative speculative visions could serve as a platform for radical imagination about future U.S. …

“Destructive To Judicial Dignity”: The Poetry Of Melville Weston Fuller, Todd C. Peppers, Mary Crockett Hill

Scholarly Articles

Although there have been many debates over the relevant qualifications for a Supreme Court nominee, Fuller’s nomination was the first—and last—time in history where the quality of a nominee’s verse was debated in national and regional newspapers. In this essay, we weigh the merits of two claims leveled against Fuller: (1) he was a mediocre poet, and (2) his penchant for verse colored and polluted his judicial opinions. As judge and jury, we conclude that neither charge is supported by a preponderance of the evidence.

The Creative Legal Histories Of Cervantes And Jurist Antonio De La Peña, Susan Byrne

Department of World Languages Faculty Research

In the Quijote’s intercalated novella titled El curioso impertinente, Miguel de Cervantes narrates the story of a husband inducing his best friend to seduce his wife. This study compares Cervantes’ use of juridical detail in that story with contemporaneous legal arguments and punishments for a husband who acts as procurer for his wife.

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

Faculty Scholarship

No abstract provided.

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …

Rwu First Amendment Blog: Andrew Horwitz's Blog: First Amendment Protects The Right To Give And To Receive 05-23-2017, Andrew Horwitz

Law School Blogs

No abstract provided.

Slides: Synthesis Session: Indigenous Water Symposium, Jason Anthony Robison

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides

Michel Hockx, Internet Literature In China, Xiaoping Gao

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

No abstract provided.

Fish, Food Security And Health In Pacific Island Countries And Territories: A Systematic Literature Review, Karen E. Charlton, Joanna Russell, Emma Gorman, Quentin A. Hanich, Aurelie Delisle, Brooke M. Campbell, Johann D. Bell

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

Background: Pacific Island countries and territories (PICTs) face a double burden of disease, with a high prevalence of household food insecurity and childhood micronutrient deficiencies, accompanied by a burgeoning increase in adult obesity, diabetes and heart disease. Methods: A systematic literature review was undertaken to assess whether increased availability of, and access to, fish improves a) household food security and b) individual nutritional status. Results: A total of 29 studies were reviewed. Fourteen studies identified fish as the primary food source for Pacific Islanders and five studies reported fish/seafood as the primary source of dietary protein. Fish consumption varied by …

Introduction To Law In Literature And Philosophy, Joseph P. Tomain

Faculty Articles and Other Publications

As the title indicates, this is an Introductory Memorandum for a course entitled: Law In Literature and Philosophy. The memorandum begins to explore the themes of the course more particularly it explores the relationships between and among law, literature, and philosophy by posing questions such as: Is the intersection of law and literature limited to stories about law and methods of interpretation? Or is law and literature a movement to reclaim law as part of the humanities rather than as a social science such as economics as Judge Posner questions? Or, does literature, as Professor Martha Nussbaum has written, help …

Course Syllabus (Sp15) Coli 214 Literature & Society: "Societies Of Discipline And Control", Christopher Southward

Comparative Literature Faculty Scholarship

Course description:

Optics is central to the arts of producing human subjects and governing our spatiotemporal deployment of vital forces. Yet, in the transition of societies from industrial to post-industrial modes of production, there seems to have occurred a parallel shift in governmental focus from merely producing and disciplining subjects at the material level to controlling them at the ideological. In this discussion-driven course, we will turn to works of theory and fiction in order to examine the basic tenets of discipline and control and consider the extent to which these social practices diverge and converge in our present era.

Towards A Multilingual National Literature: The Tung Wah Times And The Origins Of Chinese Australian Writing, Huang Zhong, Wenche Ommundsen

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

Australian literature has over the last 50 years witnessed the gradual inclusion of writers and texts formerly considered marginal: from a predominantly white, Anglo canon it has come to incorporate more women writers, writers of popular genres, Indigenous writers, and migrant, multicultural or diasporic writers. However, one large and important body of Australian writing has remained excluded from histories and anthologies: literature in languages other than English. Is this the last literary margin? How might it be incorporated into the national canon, and how might it enhance our understanding of the cross-cultural traffic that feeds into the literature of a …

Changing Lives Through Literature: Implementation & Evaluation, Jackie Lageson, Russell Schutt

Office of Community Partnerships Posters

The CLTL program at the Juvenile probation department works with court involved youth between the ages of 12 – 19 years of age. The program is designed to explore prosocial character themes through the use of literature. The program facilitators select short stories, poems, music lyrics, and/or short films that center around themes for example, respect, love, education, violence, family, friendship, leadership, and the like. The judge, probation officer, facilitators and youth read the literature together, then discuss what the author is trying to get across. Then the level of discussion shifts to what reading do they identify with personally …

The Nation Or The Globe?: Australian Literature And/In The World, Antonio Simoes Da Silva

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

Although far more nuanced and complex than am I suggesting here, I want to take the central thesis in Philip Mead’s ‘Proust at Caloundra’, a review-essay of Robert Dixon and Brigid Rooney’s Scenes of Reading: Is Australian Literature a World Literature? (2013), as a reminder of the importance of the national, and indeed the local, in the transnational turn in literary studies of the last decade or so. As Mead notes, slightly tongue-in-cheek, ‘[a]ll models of the world literary system … are structured according to complex political and cultural geometries and desires, as much as by national cultural genetics. There …

D.H. Lawrence's Plural Jurisprudence: An Enquiry Into Desmond Manderson's Post-Positivist 'Law And Literature', Luis Gomez Romero

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

The border means more than a customs house, a passport officer, a man with a gun. Over there everything is going to be different; life is never going to be quite the same again after your passport has been stamped and you find yourself speechless among the money-changers.

Graham Greene, The Lawless Roads

This article draws on Desmond Manderson's theorisation of ‘law and literature’ in order to undertake a jurisprudential reading of the last two ‘leadership novels’ that D.H. Lawrence published in the 1920s: Kangaroo and The Plumed Serpent. This reading demonstrates the strengths and weaknesses in Manderson's methodology while …

'Simple' Takes On The Supreme Court, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …

"Simple" Takes On The Supreme Court, Robert L. Tsai

Faculty Scholarship

This essay assesses black literature as a medium for working out popular understandings of America’s Constitution and laws. Starting in the 1940s, Langston Hughes’s fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as “Simple” was undereducated, unsophisticated, and plain spoken - certainly to a fault according to prevailing standards of civility, race relations, and professional attainment. Butthese very traits, along with a gritty experience under Jim Crow, made him not only a sympathetic figure but also an armchair legal theorist. In a series of barroom conversations, Simple ably critiqued …

It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri

Common Reading Essay Contest Winners

First Place

Islands Of Multilingual Literature: Community Magazines And Australia’S Many Languages, Michael R. Jacklin

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

Australian literary studies has for some decades recognised the significance and contribution of multicultural writers to the national literary landscape; however, it has shown less interest in the multilingual nature of much of this writing. This article brings into focus a number of Australian magazines in which multilingual literature has been promoted, from the 1920s Brisbane publication The Muses Magazine, to the 1990s multicultural, multilingual women’s magazine Ambitious Friends, which featured creative work in Arabic, Lao, Spanish and Vietnamese. Further illustrations, specific to Vietnamese Australian writing, will be provided from Integration: The Magazine for Vietnamese and Multicultural Issues, published in …

Professionalism And Matthew Shardlake, Alex B. Long

Scholarly Works

This Essay/Book Review examines the Matthew Shardlake series by C.J. Sansom. In particular, it examines the question of whether the sixteenth-century fictional lawyer Shardlake can serve as a role model for twenty-first-century lawyers, both in terms of his ethics and his professionalism. An examination of the Shardlake series as a whole yields some uncertain answers, both as to Shardlake and as to what it means to be an ethical and professional lawyer. This is ultimately part of what makes the series so enjoyable for lawyers.

Preliminary Report On Patent Literature, Search Methodology And Patent Status Of Medicines On The Who Eml 2009, Jon R. Cavicchi, Stanley P. Kowalski

Law Faculty Scholarship

Over the past several decades the World Health Organization (WHO) has produced the Essential Medicines List (EML) to assist countries in deciding what medicines should be essential and available in National Essential Medicine Lists.1 WHO, through the work of regional offices, supports nations using the EML to ensure the quality, availability, and affordability of pharmaceuticals required to promote and advance public health in nations across the globe. However in some cases, access to EML pharmaceuticals might be complicated by existing patents, i.e., where issued, patent rights might pose obstacles to access and inclusion in national EMLs. Indeed, in developed and …

The Cultural Background Of The Legal Imagination, James Boyd White

Book Chapters

I want to speak in this essay about one aspect of the origins of what is often called the law and literature movement in the United States, namely, how it got going. I shall do this by explaining the aims and assumptions of my own early contribution to it in the form of The Legal Imagination (first published in 1973). What I say will thus have some of the features of autobiography, but I hope it will be plain that this story is not really about me but about the state of the culture in which modern law and literature …

Franz Kafka, Lawrence Joseph, And The Possibilities Of Jurisprudential Literature, Patrick J. Glen

Georgetown Law Faculty Publications and Other Works

The purpose of this article is twofold. First, it offers a complementary reading of Franz Kafka’s writings on the law and Lawrence Joseph’s novel Lawyerland. This reading focuses on the distinct perspectives offered by these authors. Whereas Kafka approaches the law from the perspective of the litigant or accused, Joseph’s perspective, through the eyes of his lawyers and judges, is that of the consummate insider. The importance of perspective rests with the fact that although law might constitute an objective system, its experience is inevitably subjective. The absurd malevolence of law in Kafka can thus be rationalized by the system …

Slides: Economic Incentives For Demand Reduction, Christopher Goemans

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University

17 slides

New Adventures Of Old Pauline Law, Tawia Baidoe Ansah

Faculty Publications

This article examines the idea of law within two recent philosophical approaches to a theological text. Giorgio Agamben and Alain Badiou, two postmodern philosophers on the political left, look to the letters of St. Paul for the definition and extraction of the political subject. They look to Paul’s messianism and his conversion to discover, within their own philosophical projects, what is truly political within the Western philosophical tradition, for which Paul’s theology is unconditional. The article focuses on the conception of law that, in turn, derives from these projects. The article suggests that within both, despite the objective rejection of …

Three Ways Of Looking At A Health Law And Literature Class, Jennifer S. Bard, Thomas Wm. Mayo, Stacey A. Tovino

Faculty Journal Articles and Book Chapters

The authors of this Article participated in a panel at the American Society of Law, Ethics & Medicine Conference in 2008 that discussed the use of literary materials in law school to teach medical ethics (and related matters) in a law school setting. Each author comes at the topic from a different perspective based on his or her own experience and background. This Article and the panel on which it was based reflect views on how literature can play a valuable role in helping law students, as well as medical students, understand important legal and ethical issues and concepts in …

March 17, 2008: The Gospel According To Anne Rice, Bruce Ledewitz

Hallowed Secularism

The Gospel According to Anne Rice

Shirley Hazzard And I: The Self, The Writer, The Nation And The World At 'Australian Literature In A Global World', Anne Collett

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

"I don't believe that the best of this country's writers will wish to rest on 'identity': that is, to invite the risk that a work will be praised, and even over-valued, for its Australian associations - however striking their effects - rather than for its greater human truth." (Hazzard, Boyoer Lectures, 28)

Calling For Stories, Nancy Levit, Allen Rostron

Faculty Works

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

The Word And The Law, James Boyd White

Articles

In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …