Law Commons^™

Patching The Ark: Improving Legal Protection Of Biological Diversity, Holly Doremus

Holly Doremus

Critiques the species-by-species approach of the 1973 Endangered Species Act (ESA) and discusses more holistic alternatives; US.

Understanding Imf Stand-By Arrangements From The Perspective Of International And Domestic Law: The Experience Of Venezuela In The 1990s, Gabriel Garcia

Dr Gabriel Garcia

During the 1990s, international financial institutions such as the World Bank and the International Monetary Fund (IMF) promoted the so-called 'Washington Consensus'. One of the premises of the consensus was that developing countries needed to embrace a market economy and build a legal system supportive of the rule of law in order to promote progress and defeat poverty. The onset of financial crises across South America and the inability of governments to deal with problems derived from this financial meltdown provided the proitious conditions for the IMF to implement its agenda of promoting a market economy and the rule of …

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

States' Rights Apogee, 1760-1840, Ryan Setliff

Masters Theses

America's states' rights tradition has held much influence since the ratification of the U.S. Constitution in 1788. In late 1798, in response to the Federalist administration's adoption of the Alien and Sedition Acts, the Virginia and Kentucky Resolutions were formally adopted by the legislatures of Virginia and Kentucky respectively. These resolutions set a lasting precedent for state interposition and nullification. As well concurrence with these doctrines can be found in the Virginia Resolves of 1790, the constitutional debates of 1787-1790, and all throughout the colonial-revolutionary period of the 1760s to 1780s. In time, the Virginia and Kentucky Resolutions would gain …

Dealing With The Dilemmas: Integrity, Knowledge And Research, Jennifer M. Nielsen

Dr Jennifer M Nielsen

Based on a paper presented at the Australasian Law Teachers Association Annual Conference, Victoria University of Wellington, Wellington, New Zealand, 4-7 July 1999 - stimulating debate amongst legal academics on the critique raised by indigenous Australians of 'pseudo-white experts' of western-oriented research methods and of research done 'about them' - little questioning or discussion within the literature by Australian academics of the ethics process in research or examination of ethics of research on indigenous issues - only a small number of those undertaking research into indigenous people are themselves indigenous Australians - the indigenous critique remains misunderstood by or unknown …

The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre

Between the Species

This article develops an ethical construct of “respectful use” to govern the conduct of humans toward animals. The scope of the terms “use” and “respectful” are developed. Some guidelines for the discernment of respectful use of animals are suggested. Then the status of animals within the legal system is briefly considered. Within the law, the socially defined key term is “unnecessary” rather than respectful. Finally, the newer legal standard of duty of care is shown to be approaching the ethical concept of respectful use.

Constitution Day 2012: The American Judiciary, Robert Berry

Librarian Publications

Robert Berry, research librarian for the social sciences at the Sacred Heart University Library, has written an essay about the role of the American Judiciary in interpreting laws of the United States government. The essay was written for the occasion of Constitution Day 2012 at Sacred Heart University.

Ensuring The Preservation Of Submerged Treasures For The Next Generation: The Protection Of Underwater Cultural Heritage In International Law, Lowell Bautista

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

In a historic moment that culminated almost a decade of negotiations, the Convention on the Protection of the Underwater Cultural Heritage (UCH Convention) was adopted on 2 November 2001.2 The UCH Convention is the fourth international instrument dealing with cultural heritage adopted under the aegis of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the first one specifically addressing the protection of underwater cultural heritage (UCH) in international law.3 The UCH Convention is the first universal instrument that exclusively deals with the preservation of UCH in international waters. The UCH Convention builds upon and addresses the gaps of …

Law, Philosophy, And Civil Disobedience: The Laws' Speech In Plato's 'Crito', Steven Thomason

Articles

Plato's 'Crito' is an examination of the tension between political science, a life devoted to the rational discourse and the critique of politics, and the demands of allegiance and service to the city. The argument Socrates makes in the name of the laws is not just meant to persuade Crito. Rather, it is a philosophic defense of the city itself, the philosophic response to Socrates' own speech in the Apology defending philosophy. This speech reveals the dangers and problems of a life devoted to philosophy when reason is directed to politics and calls into question the values and way of …

'Placing' The Other: Final Year Law Students' 'Imagined' Experience Of Rural And Regional Practice Within The Law School Context, Trish Mundy

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

This paper discusses the partial findings from a research study involving a narrative analysis of in-depth interviews with twelve final year law students. The research explored student attitudes to, and perceptions of, legal practice in rural, regional and remote (RRR) communities – that is, their ’imagined experience’. The research findings suggests that, at least in the context of the non-regional law school, the rural/regional is both absent and ‘other’, revealing the ‘urban-centric’ nature of legal education and its failure to adequately expose students to rural and regional practice contexts that can help to positively shape their ‘imagined’ experience. This paper …

Detention Of Non-State Actors Engaged In Hostilities: The Future Law – Summary Report, Gregory L. Rose

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

On 15 and 16 December 2011 a conference and workshop were held at the Institute for Transnational and Maritime Security in the Faculty of Law at the University of Wollongong. The conference and workshop were funded by the Australian Civil–Military Centre under a research grant to the university, and the aim was to explore emerging law relating to the detention of non-state actors engaged in hostilities. Discussion centred on legal aspects of the power to detain, processes for transferring a detainee to either another armed force or the local law enforcement authorities, and the legal regimes applicable to this category …

The Importance Of The Local In A Global Age: A Comparative Analysis Of Networking Strategies In Postgraduate Law Research Teaching, Linda Roslyn Steele, Rita Shackel, Felicity Bell

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

Research indicates that postgraduate research students, and particularly those researching in law, feel isolated socially and academically from one another, and from scholarly life. Postgraduate research students are now more globally connected because of technology. Yet opportunities to connect with colleagues locally, to share and reflect on research findings, methods and experiences are insufficient. This paper reports on the preliminary stages of a project led by legal and criminological scholars to establish a postgraduate student network that is interdisciplinary, interfaculty and cross institutional in structure with a specific focus on ‘crim*’ related studies including criminology, criminal law and criminal justice. …

Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr

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

Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …

Perverts,’ ‘Terrorists,’ And Business As Usual; Fantasies And Genealogies Of U.S. Law, Penelope J. Pether

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

The indefinite detention camp at Guantánamo Bay, Cuba, is exceptional in diverse ways. It is not only the postmodern exemplar of the jurisdiction of exception into which, Raphael Gross has argued, Carl Schmitt’s political theory conjured a paradigm of nation and other rooted in anti-Semitism and other supremacist doctrines of hatred, which moved from theory to praxis in the death camps of the Shoah; it also embodies what I have called the New American Exceptionalism of the post-9/11 era. In that iteration, the U.S. makes imperialist war in the pattern of the Crusades, accompanied in the contemporary domestic political realm …