• Gardner on Why Law Isn't Jazz: A Response @UBSchoolofLaw @buffalolawrev

    Updated: 2023-09-28 19:25:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 28, 2023 Gardner on Why Law Isn't Jazz : A Response UBSchoolofLaw buffalolawrev James A . Gardner , University at Buffalo Law School , has published Why Law Isn't Jazz : A Response , at 71 Buffalo Law Review The Docket D1. Here is the abstract . In a recent article , Professor William Buzbee argues that a richer understanding of the nature of law is possible through comparative , analogical examination of legal work and the art of jazz improvisation . 8221 I argue here , from the perspective of someone who is both a lawyer and a jazz pianist , that jazz improvisation and law are best thought of as distinct practices , and that the analogy obscures more than it reveals .

  • Stanchi on The Rhetoric of Rape Through the Lens of Commonwealth v. Berkowitz @BoydLawUNLV

    Updated: 2023-09-27 14:08:00
    : . skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 27, 2023 Stanchi on The Rhetoric of Rape Through the Lens of Commonwealth v . Berkowitz BoydLawUNLV Kathryn Stanchi , University of Nevada , Law Vegas , School of Law , is publishing The Rhetoric of Rape Through the Lens of Commonwealth v . Berkowitz in the International Journal for the Semiotics of Law . Here is the abstract . United States law and culture have yet to find a constructive and fair way to talk about rape , especially in non-paradigmatic” rape cases like acquaintance or date rape . Particularly on college campuses , acquaintance rape is an ongoing , severe problem . Leading legal minds disagree sharply on how to address it . In part , this polarizing debate

  • Edmonds on Why We Should Stop Talking About Violent Offenders: Storytelling and Decarceration @UMichLaw @nulawreview

    Updated: 2023-09-25 02:06:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 24, 2023 Edmonds on Why We Should Stop Talking About Violent Offenders : Storytelling and Decarceration UMichLaw nulawreview Mira Edmonds , University of Michigan Law School , is publishing Why We Should Stop Talking About Violent Offenders : Storytelling and Decarceration in the Northeastern University Law Review . Here is the abstract . The movement to decarcerate risks foundering because of its failure to grapple with so-called violent offenders , 8221 who make up nearly half of U.S . prisoners . The treatment of people serving sentences for offenses categorized as violent is a primary reason for the continued problem of mass incarceration , despite widespread awareness

  • Baumgartner on The Meaning of "Reasonable": Evidence From a Corpus-Linguistic Study @UZH_ch @kneer @kevin_tobia @CambridgeUP

    Updated: 2023-09-23 20:04:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 23, 2023 Baumgartner on The Meaning of Reasonable Evidence From a Corpus-Linguistic Study UZH_ch kneer kevin_tobia CambridgeUP Lucien Baumgartner and Markus Kneer , both of the University of Zurich , Institute of Philosophy , are publishing The Meaning of Reasonable’ : Evidence From a Corpus-Linguistic Study in The Cambridge Handbook of Experimental Jurisprudence Kevin P . Tobia , ed . Cambridge University Press , Forthcoming Here is the abstract . The reasonable person standard is key to both Criminal Law and Torts . What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors . Hence , laypeople’s understanding of the

  • McMahon on Canada's Laws of White Supremacy

    Updated: 2023-09-20 14:07:00
    Thomas McMahon has published Canada’s Laws of White Supremacy: 1496-1791. Here is the abstract. Is it permitted to say "white supremacy" when discussing Canada's foundational documents and archives? The purpose of this research paper is to identify the key legal documents establishing white supremacy as the foundational doctrine of Canada's legal history. If you refuse to name the problem, you can't begin to solve it. Download the article from SSRN at the link.

  • Hylton on Originalism, Official History, and Perspectives versus Methodologies @BU_Law

    Updated: 2023-09-19 19:54:00
    : , , skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 19, 2023 Hylton on Originalism , Official History , and Perspectives versus Methodologies BU_Law Keith N . Hylton , Boston University School of Law , has published Originalism , Official History , and Perspectives versus Methodologies as Boston Univ . School of Law Research Paper No . 23-34. Here is the abstract . This paper addresses a well-worn topic : originalism , the theory that judges should interpret the Constitution in a manner consistent with the intent of its framers . I am interested in the real-world effects of originalism . The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges . However , another

  • Freedom

    Updated: 2023-09-16 01:50:45
    I am convinced that freedom is an acquired taste, somewhat like dietary preferences. People brought up in a vegetarian households are likely to prefer vegetarian food. People brought up free tend to prefer freedom, and those brought up under command structures, prefer that. Muslims apparently prefer the stifling, humanity-denying strictures of Islam that non-Muslims generally … Continue reading "Freedom"

  • ICYMI: Sherwin on The Narrative Construction of Legal Reality @RKSherwin @NYLawSchool @VTLawReview

    Updated: 2023-09-15 18:31:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 15, 2023 ICYMI : Sherwin on The Narrative Construction of Legal Reality RKSherwin NYLawSchool VTLawReview ICYMI : Richard K . Sherwin , New York Law School , has published The Narrative Construction of Legal Reality at 18 Vt . L . Rev . 681 1994 Here is the abstract . If reality and meaning depend , to a significant extent , on perceptual and cognitive constructions , it becomes of no small interest to learn what interpretive frameworks are at work in specific legal contexts . One way to express this inquiry is to ask : what kinds of stories , and what modes of storytelling , are being used by lawyers , judges , and others within the legal system to construct and convey

  • Across the Universe

    Updated: 2023-09-14 13:53:30
    It’s time to muse about music. The words muse and music are related, as one can guess from the spelling. The big dictionary says that Muse refers to “any of the nine sister goddesses in Greek mythology presiding over song and poetry and the arts and sciences.” That suits me since who wouldn’t be in … Continue reading "Across the Universe"

  • ICYMI: Williams on Blasting Reproach and All-Pervading Light: Frederick Douglass's Aspirational American Exceptionalism @BYULaw

    Updated: 2023-09-12 13:58:00
    : : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 12, 2023 ICYMI : Williams on Blasting Reproach and All-Pervading Light : Frederick Douglass's Aspirational American Exceptionalism BYULaw ICYMI : Lucy Williams , Brigham Young University Law School , has published Blasting Reproach and All-Pervading Light : Frederick Douglass’s Aspirational American Exceptionalism at 9 American Political Thought 369 2020 Here is the abstract . Some scholars critique American exceptionalism as a proud , uncritical orientation . In this article , however , I argue that Frederick Douglass , an outspoken social critic , qualifies as an American exceptionalist thinker . I first identify and theorize two modes of exceptionalist rhetoric :

  • le Dret on Freedom of Testation in the Revolutionary and Napoleonic Legislation @MPIPRIV

    Updated: 2023-09-08 23:17:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 8, 2023 le Dret on Freedom of Testation in the Revolutionary and Napoleonic Legislation MPIPRIV Valentin Pinel le Dret , Max Planck Institute for Comparative and International Private Law , has published Freedom of Testation in the Revolutionary and Napoleonic Legislation at 140 Zeitschrift der Savigny-Stiftung für Rechtsgeschichte : Germanistische Abteilung ZRG GA 278 June 2023 Here is the abstract . Contrary to what one could have deduced from art . 2 and 17 of the Déclaration des droits de l’homme et du citoyen , where property had been elevated as a natural right , imprescriptible , inviolable , and sacred , and art . 537 and 544 of the Code civil , where the owners had

  • Booth on Delegitimizing the Supreme Court: The Lessons of Dred Scott @JBooth_history @UCLaw_Quarterly

    Updated: 2023-09-08 22:59:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 8, 2023 Booth on Delegitimizing the Supreme Court : The Lessons of Dred Scott JBooth_history UCLaw_Quarterly Jonathon Booth is publishing Delegitimizing the Supreme Court : The Lessons of Dred Scott in volume 51 of the UC Law Constitutional Quarterly . Here is the abstract . This Article examines how anti-slavery Republicans delegitimized the Supreme Court in the aftermath of Dred Scott v . Sandford , 60 U.S . 393 1857 and compares this history to contemporary attempts to reform the Court or resist its decisions , focusing particular attention on recent cases regarding abortion rights . After Dred Scott was decided , anti-slavery Northerners and Republican politicians

  • Frazier on The Next Required Law School Course: History of America's Foundings @StThomasLaw

    Updated: 2023-09-07 19:00:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 7, 2023 Frazier on The Next Required Law School Course : History of America's Foundings StThomasLaw Kevin Frazier , St . Thomas University School of Law , is publishing The Next Required Law School Course : History of America’s Foundings in volume 54 of St . Mary's Law Journal . Here is the abstract . The Supreme Court has cited the Federalist Papers hundreds of times to analyze the meaning of the Constitution . The Anti-Federalist Papers , on the other hand , receive few citations in the Court’s opinions . The prevalence of Federalist Paper citations and the dearth of Anti-Federalist references necessitate a similar response from law schools everywhere : a required

  • Rohde and Parra-Herrara on Law as Architecture: Mapping Contingency and Autonomy in Twentieth-Century Legal Historiography @DanEricRohde @nicolasparrah @harvard_law @TheJLPE

    Updated: 2023-09-07 18:05:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture September 7, 2023 Rohde and Parra-Herrara on Law as Architecture : Mapping Contingency and Autonomy in Twentieth-Century Legal Historiography DanEricRohde nicolasparrah harvard_law TheJLPE Dan Rohde and Nicolas Parra-Herrara , both of Harvard Law School , are publishing Law as Architecture : Mapping Contingency and Autonomy in Twentieth-Century Legal Historiography in volume 3 of the Journal of Law and Political Economy . Here is the abstract . This article addresses the power of law to make historical change . We begin by charting a rich debate on law’s autonomy held over the course of the twentieth century , overviewing contributions by Classical Legal Thought , Law and Society ,

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