Law Commons^™

Law And Its Limits: Ethical Issues In Mary Shelley’S Frankenstein Or, The Modern Prometheus, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

The law and literature movement is frequently associated with the use of literary images of law as a point of reflection upon the ethical obligations of lawyers. Mary Shelley’s Frankenstein (1818)—the story of a young scientist whose unorthodox experiments end up creating the famed “monster”—is not, at first glance, a likely candidate for that enterprise. However, Dr. Frankenstein’s ambition and ruthless pursuit of knowledge has become a contemporary image of science out of control and the need for ethical limitations on scientific progress. Consequently, the novel raises currently important issues of regulating science and technology. Given the lawyer’s ethical obligation …

The Book I Never Got To Read: A Tale Of Book Censorship, Courtney Everett

Emerging Writers

From the expression of authors to sharing perceptions of the world, the use of literature has been one of the most common ways of teaching students for generations. However, with opposing viewpoints and conflicting ideas, literary censorship has continued to become an issue among communities for longer than people realize, and it brings harm to humanity over time. This essay discusses the recent conflict of banning books in communities and its affect on students.

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but even …

“I Must Tell The Whole World”: Septimus Smith As Virginia Woolf’S Legal Messenger, Riley H. Floyd

Indiana Law Journal

This Note explores the disjunctive moral gap between a civilian ethic of mutual responsibility and the laws of war that eschew that ethic. To illustrate that gap, this Note conducts a case study of Virginia Woolf’s rendering of shell shock in her 1925 novel Mrs. Dalloway. The war put mass, mechanized killing at center stage, and international law permitted killing in war. But Woolf’s character study of Septimus Smith reveals that whether war-associated killing is “criminal” requires more than legal analysis. An extralegal approach is especially meaningful because it demonstrates the difficulty of processing and rationalizing global conflict that plays …

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

Indigenous Water Justice Symposium (June 6)

Presenter: Jason Robison, University of Wyoming

15 slides

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 …

Michel Hockx, Internet Literature In China, Xiaoping Gao

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

No abstract provided.

Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.

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 …

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 …

Globalised Cartographies Of Being: Literature, Refugees And The Australian Nation, Antonio Simoes Da Silva

Tony Simoes da Silva

This chapter considers the figure of the refugee as the displaced individual through the reading of a number of Australian literary works, which explore displacement 'as an extreme case of a more general modern condition - the powerlessness of the individual caught in the grip of vast collective purposes', to borrow Ian Watt's (1959: 218) comments on World War II prisoners of war. Through a critical reading of selected works aimed both at children and adult readers, I consider the role textual representation can play in creating a different understanding of the subject positions of the mass of individuals arriving …

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

Michael Jacklin

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 …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

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 …

Chapter 01: Anthropology Of Law As A Science - Prefatory Materials, Wolfgang Fikentscher

Wolfgang Fikentscher

Inclusive online updates jan10. Chapter 1 redefines the position of legal anthropology within the social sciences. A new definition of law for anthropological purposes is sought, and in this context authority as an indispensable conceptional element of law is discussed in a new light. The relationship of law and justice will appear in a new light. Legal pluralism willo show two separable dimensions. Among the social science aspects of anthropology, empirical thinking and guidance by models are being contrasted and related to Pre-socratic, Platonic and Kantian epistemology.

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)

Boston And New York: The City Upon A Hill And Gotham, Shaun O'Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins

Law Faculty Scholarship

No abstract provided.

The Jurisprudence Of Jane Eyre, Anita L. Allen

All Faculty Scholarship

No abstract provided.

The Constitution As Literature, James Boyd White

Book Chapters

Although presumably no one would say that the Constitution offers its readers an experience that cannot be distinguished from reading a poem or a novel, there is nonetheless a sense in which it is a kind of highly imaginative literature in its own right (indeed its nature as law requires that this be so), the reading of which may be informed by our experience of other literary forms. But to say this may be controversial, and the first step toward understanding how such a claim can be made may be to ask what it is we think characterizes imaginative literature …

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …