August 15, 2018

Chacon and Jensen on Direct Democracy, Constitutional Reform, and Political Inequality in Post-Colonial America

Mario Chacon and Jeff I. Jensen, both of New York University Abu Dhabi, have published Direct Democracy, Constitutional Reform, and Political Inequality in Post-Colonial America. Here is the abstract.
The ratification of constitutional changes via referendum is an important mechanism for constraining the influence of elites, particularly when representative institutions are biased. While this constitutional mechanism is commonly employed, its use is far from universal. We investigate the determinants of mandatory constitutional referendums by examining the divergence between Northern and Southern U.S. states in the early 19th century. We first explore why states in both regions adopted constitutional conventions as the mechanism for making revisions to fundamental law, but why only Northern states adopted the additional requirement of ratifying via referendum. We argue that due to distortions in state-level representation, Southern elites adopted a norm of discretionary referendums as a mechanism for protecting slave interests. We support our argument with both qualitative and quantitative evidence, including an analysis of votes from various Southern conventions in 1861 on whether to condition secession from the Union on receiving popular ratification.
Download the article from SSRN at the link.

Frye on the Ballard of Harry James Tomkins @brianlfrye

Brian L. Frye, University of Kentucky College of Law, is publishing The Ballad of Harry James Tompkins in the Akron Law Review. Here is the abstract.
On July 27, 1934, Harry James Tompkins lost his arm, supposedly when an unsecured refrigerator car door on a train operated by the Erie Railroad Company hit him in the head. Tompkins won in a $30,000 judgment in federal court, but in Erie v. Tompkins (1938), the United States Supreme Court famously reversed, holding that federal courts sitting in diversity must apply state substantive law, not federal "general common law." While many scholars have studied Erie v. Tompkins, few have studied the facts of the case, and none have questioned Tompkins's account. This article argues that Tompkins and his witnesses were not telling the truth.
Download the article from SSRN at the link.

August 14, 2018

New From Hart Publishing: Sedley on Law and the Whirligig of Time @hartpublishing

New from Hart Publishing: Stephen Sedley, Law and the Whirligig of Time (Hart Publishing, 2018).
For over 30 years, first as a QC, then as a judge, and latterly as a visiting professor of law at Oxford, Stephen Sedley has written and lectured about aspects of the law that do not always get the attention they deserve. His first anthology of essays, Ashes and Sparks, was praised in the New York Times by Ian McEwan for its 'exquisite, finely balanced prose, the prickly humour, the knack of artful quotation and an astonishing historical grasp'. 'You could have no interest in the law,' McEwan wrote, 'and read his book for pure intellectual delight.' The present volume contains more recent articles by Stephen Sedley on the law, many of them from the London Review of Books, and lectures given to a variety of audiences. The first part is concerned with law as part of history - Feste's 'whirligig of time'; the second part with law and rights. The third part is a group of biographical and critical pieces on a number of figures from the legal and musical worlds. The final part is more personal, going back to the author's days at the bar, and then forward to some parting reflections.

Media of Law and the Whirligig of Time 

New From Hart Publishing: Monateri, Dominus Mundi: Political Sublime and the World Order @hartpublishing

New from Hart Publishing: Pier Giuseppe Monateri, Dominus Mundi: Political Sublime and the World Order (Hart Publishing (2018).
This monograph makes a seminal contribution to existing literature on the importance of Roman law in the development of political thought in Europe. In particular it examines the expression 'dominus mundi', following it through the texts of the medieval jurists – the Glossators and Post-Glossators – up to the political thought of Hobbes. Understanding the concept of dominus mundi sheds light on how medieval jurists understood ownership of individual things; it is more complex than it might seem; and this book investigates these complexities. The book also offers important new insights into Thomas Hobbes, especially with regard to the end of dominus mundi and the replacement by Leviathan. Finally, the book has important relevance for contemporary political theory. With fading of political diversity Monateri argues “that the actual setting of globalisation represents the reappearance of the Ghost of the Dominus Mundi, a political refoulé – repressed – a reappearance of its sublime nature, and a struggle to restore its universal legitimacy, and take its place.” In making this argument, the book adds an important original vision to current debates in legal and political philosophy.
Media of Dominus Mundi

New From Hart Publishing: Blackstone and His Critics @hartpublishing

New from Hart Publishing: Blackstone and His Critics (Anthony Page and Wilfrid Prest, eds., 2018).
William Blackstone's Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited well over 10,000 times in American judicial opinions alone. Prominent in recent reassessment of Blackstone and his works, Wilfrid Prest also convened the Adelaide symposia which have now generated two collections of essays: Blackstone and his Commentaries: Biography, Law, History (2009), and Re-Interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (2014). This third collection focuses on Blackstone's critics and detractors. Leading scholars examine the initial reception of the Commentaries in the context of debates over law, religion and politics in eighteenth-century Britain and Ireland. Having shown Blackstone's volumes to be a contested work of the Enlightenment, the remaining chapters assess critical responses to Blackstone on family law, the status of women and legal education in Britain and America. While Blackstone and his Commentaries have been widely lauded and memorialised in marble, this volume highlights the extent to which they have also attracted censure, controversy and disparagement.


 Media of Blackstone and His Critics

CFP: Melbourne Doctoral Forum on Legal Theory

The 11th Melbourne Doctoral Forum on Legal Theory has issued its CFP. This year the theme is Facts, Law, and Critique. The Forum will take place December 4 and 5, 2018 at Melbourne Law School. Here's a link to click for more information. Abstracts are due by September 5, 2018.

August 9, 2018

The Oxford Handbook of Legal History (edited by Markus Dubber and Christopher Tomlins): New From @OxUniPress @MarkusDubber @ArsScripta

New from Oxford University Press: The Oxford Handbook of Legal History (Markus D. Dubber and Christopher Tomlins, 2018) (Oxford Handbooks in Law). Here from the publisher's website is the description of the book's contents.
Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbook>'s focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.

Cover for 

The Oxford Handbook of Legal History






 

Batlan on the Gendered Origins of the Practice of Immigration Law, 1907-1940 @ChicagoKentLaw

Felice Batlan, Chicago-Kent College of Law, has published Deja Vu and the Gendered Origins of the Practice of Immigration Law, 1907-1940. Here is the abstract.
Donald Trump’s administration has provoked crisis after crisis regarding the United States’ immigration policy, laws, and their enforcement. This has drastically affected millions of immigrants in the U.S. and those hoping to immigrate. Stemming from this, immigration lawyers and immigrant advocacy organizations are challenging such policies and providing an extraordinary amount of direct pro bono legal services to immigrants in need. Yet the history of the practice of immigration law has been largely understudied. This article seeks to address this history by closely examining Chicago’s Immigrants’ Protective League between 1910 and 1940. The League provided free counsel to tens of thousands of poor immigrants facing a multitude of immigration-related legal issues during a time when Congress passed increasingly strict immigration laws often spawned by xenophobia and racism. The League, always headed by women social workers, created a robust model of immigration advocacy. Overtime, it combined the everyday legal representation of immigrants, the production of social science research and scholarship about immigration and immigrants, the lobbying of immigration officials and the federal government for better and less restrictive immigration laws, and the provision of a variety of social services to immigrants. It also did so during an era when only a handful of women were professionally trained lawyers. A close and thick reading of the League’s archival documents, manifests how the events of Trump’s immigration policies have a long and painful history. U.S. immigration law and its enforcement have consistently been cruel, inhumane, arbitrary, and capricious. Told from the ground up and focusing upon the day-to-day problems that immigrants brought to the League, one dramatically sees how immigration laws and practices were (and still are) like quicksand – changing and unstable— thwarting the legitimate expectations of migrants, at times, leaving people in a legal limbo, and at other times, destroying lives. The League, in response, participated in creating what would become the practice of immigration law. In doing so, it continually engaged in legal improvisation as it quickly responded to changing laws, rules, policies, and the needs of those trying to immigrate.
The full text is not available for download from SSRN.

August 8, 2018

Weisberg on Cardozo's "Law and Literature": A Guide To His Judicial Writing Style

Richard Weisberg, Cardozo School of Law, has published Cardozo's 'Law and Literature': A Guide to His Judicial Writing Style at 34 Touro Law Rev. 349 (2018). Here is the abstract.
Weisberg traces Judge Cardozo's advice about legal writing to the famous 1925 essay LAW AND LITERATURE and applies it to the judicial opinions and other published works of Cardozo and various other judges.
Download the essay from SSRN at the link.

August 7, 2018

Law, Not Poetry @BarbaraRich_law @Medium

Barbara Rich explains how she became a lawyer, not a poet. Here, for Medium.

CFP: Law, Literature, and Psychoanalysis, 1890-1950, University of Sheffield, April 11-13, 2019 @sheffielduni @thomgiddens



Call For Papers: ‘Literature, Law and Psychoanalysis, 1890-1950’, University of Sheffield, 11-13 April, 2019.

Keynotes:

Ravit Reichman (Brown University)
Lizzie Seal (University of Sussex)
Victoria Stewart (University of Leicester)

Call For Papers:

The twentieth-century was a period of worldwide literary experiment, of scientific developments and of worldwide conflict. These changes demanded a rethinking not merely of psychological subjectivity, but also of what it meant to be subject to the law and to punishment. This two-day conference aims to explore relationships between literature, law and psychoanalysis during the period 1890-1950, allowing productive mixing of canonical and popular literature and also encouraging interdisciplinary conversations between different fields of study. 


The period examined by the conference included: developments in Freudian psychoanalysis and its branching in other directions; the founding of criminology; continuing campaigns and reforms around the death penalty; landmark modernist publications; the ‘Golden Age’ of detective fiction; and multiple sensational trials (Wilde, Crippen, Casement, Leopold and Loeb, to name but a few). Freud’s followers, like Theodor Reik and Hans Sachs, would publish work on criminal law and the death penalty; psychoanalysts were sought after as expert witnesses; novelists like Elizabeth Bowen would serve on a Royal Commission investigating capital punishment; while Gladys Mitchell invented the character of Beatrice Adela Lestrange Bradley as a literary detective-psychoanalyst.
We therefore hope to consider areas including literature’s connection with historical debates around crime and punishment; literature and authors on trial and/or on the ‘psychiatrist's couch’; and literature’s effect on debates about human rights. The event is linked to and partly supported by an AHRC project on literature, psychoanalysis and the death penalty, but the aim of this conference is much wider. Interdisciplinary approaches, especially from fields such as psychoanalysis, philosophy, law or the visual arts, are particularly encouraged. We also welcome papers on international legal systems and texts. All responses are welcome and the scope of our interdisciplinary interests is flexible, with room in the planned programme for strands of work that might be more or less literary. 
Possible topics might include: 
  • psychoanalysis in the real or literary courtroom;
  • literary form and the insanity defence;
  • canonical authors as readers of crime fiction and vice versa;
  • censorship cases;
  • the influence of famous legal cases on literary productions or on psychoanalytic theory;
  • influences of criminology and criminal psychology on literature;
  • representations of new execution methods (for example, the gas chamber and the electric chair);
  • portrayals of restorative versus retributive justice;
  • literary responses to the Universal Declaration of Human Rights;
  • relationships between modernism and Critical Legal Studies (CLS). 

Please send 250 word paper proposals or 300 word proposals for fully formed panels to Katherine Ebury litlawpsy2019@gmail.com by 28th November 2018.

August 6, 2018

New From Routledge: Law and Justice in Japanese Popular Culture @routledgebooks @thomgiddens

New from Routledge: Law and Justice in Japanese Popular Culture: From Crime Fighting Robots to Duelling Pocket Monsters (Ashley Pearson, Thomas Giddens, and Kieran Tranter, eds., 2018). Here's a description of the book's contents.


In a world of globalised media, Japanese popular culture has become a significant fountainhead for images, narrative, artefacts, and identity. From Pikachu, to instantly identifiable manga memes, to the darkness of adult anime, and the hyper-consumerism of product tie- ins, Japan has bequeathed to a globalised world a rich variety of ways to imagine, communicate, and interrogate tradition and change, the self, and the technological future. Within these foci, questions of law have often not been far from the surface: the crime and justice of Astro Boy; the property and contract of Pokémon; the ecological justice of Nausicaä; Shinto’s focus on order and balance; and the anxieties of origins in J- horror. This volume brings together a range of global scholars to reflect on and critically engage with the place of law and justice in Japan’s popular cultural legacy. It explores not only the global impact of this legacy, but what the images, games, narratives, and artefacts that comprise it reveal about law, humanity, justice, and authority in the twenty-first century. 

 Law and Justice in Japanese Popular Culture: From Crime Fighting Robots to Duelling Pocket Monsters (Hardback) book cover
e twenty-first century.

August 5, 2018

Domingo on Contardo Ferrini: A Contemplative Legal Historian

Rafael Domingo, Emory University School of Law; University of Navarra School of Law, is publishing Contardo Ferrini (1859–1902): A Contemplative Legal Historian in Great Christian Jurists in Italian History (Orazio Condorelli and Rafael Domingo eds., Cambridge University Press, 2020) (forthcoming).
A scholar of great originality and deep spirituality, Contardo Ferrini belonged to an outstanding generation of Italian legal historians of Antiquity, who brought to prominence the studies of Roman law just after the establishment of the Kingdom of Italy (1861). Moved by a patriotic feeling and scientific enthusiasm, they tried to wrest intellectual supremacy from Germany. In addition to Ferrini, the most influential representatives of this select group included Vittorio Scialoja, Carlo Fadda, Silvio Perozzi, Salvatore Riccobono, and Pietro Bonfante. Although Scialoja, not Ferrini, was the leader of the group, Ferrini was a very prominent member of it, the most distinguished expert in Roman Byzantine law and criminal law, and probably the one who more properly embodied the notion of Christian jurist. Ferrini lived in a time of strong tensions between church and state due to the Roman question. He was a forerunner of the theology of the universal call to holiness, deeply developed decades later by the Second Vatican Council (1962–1965), and he contributed to linking Christian love, especially for the poor, with the flourishing of human science.
Download the essay from SSRN at the link.

Johns on Critical International Legal Theory @FleurEJ

Fleur Johns, University of New South Wales, Faculty of Law, is publishing Critical International Legal Theory in International Legal Theory: Foundations and Frontiers (Jeffrey L. Dunoff and Mark A. Pollack, eds., Cambridge University Press, 2019, Forthcoming)). Here is the abstract.
This chapter presents an account of three phases of writing and practice in critical international legal theory, after first identifying some braided historico-political fuel lines for these cycles of work. These phases correspond to successive periods of revisionism: a pre-1989 reckoning (dating from the mid-late 1970s) with the non-materialization of the promises of socialist revolution and the disappointments of the cosmopolitan, decolonization, and development projects; a 1989 to 1999 reckoning with the apparent triumph of liberalism/neo-liberalism and the Washington Consensus; and a current phase, dating from approximately the turn of the millennium, of reckoning with the post-Washington Consensus, the renewed spread of authoritarian nationalism/nativism, and the prevalence of casualization and automation. In each of these, critical international legal theory has been marked by certain persistent commitments and proclivities which this chapter will briefly examine, before speculating about some possible galvanizing themes of international legal work in this vein in the future.
Download the essay from SSRN at the link.

August 4, 2018

Toh on Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation

Kevin Toh, University College London, is publishing Authenticity, Ontology, and Natural History: Some Reflections on Musical and Legal Interpretation in Law Under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy (Lisa Crawford, Patrick Emerton, & Dale Smith, eds., Oxford: Hart Publishing)(forthcoming). Here is the abstract.
This paper is an attempt to exploit a set of analogies between music and law. Both the originalist movement in law and the so-called period instrument movement in classical music gathered momentum in earnest in the late 1970’s and the early 1980’s. And both were reactions to earlier traditions of interpretation, in law and music respectively, the traditions that the partisans of the new movements deemed insufficiently faithful to the objects of interpretation. “Authenticity” is a term that musicians and critics often use to talk about the ideal of fidelity in musical performance. Importantly, what kinds of performances count as authentic depends on what properties are constitutive of musical works. The legal analogue of this relation, I believe, should help us to think carefully about originalism, which involves a particular way of conceiving the ideal of authenticity or fidelity in legal interpretation.
Download the essay from SSRN at the link.

August 3, 2018

Henckels on Dishonoring the Australian Flag

Caroline Henckels, Monash University Faculty of Law, is publishing Dishonouring the Australian Flag in volume 44 of the Monash University Law Review (2018). Here is the abstract.
Dishonouring a nation’s flag, usually by way of burning, is a form of protest with provocative symbolism. The selective policing of flag use in Australia reveals much about the culture of flag veneration inculcated in Australian society during since the Howard era. Flag burners have been arrested and prosecuted for the offences of disorderly and offensive behaviour, but those who have employed the flag in support of nationalistic or anti-immigration causes have not attracted such opprobrium. Yet, successive attempts to criminalise flag burning have never resulted in the enactment of flag protection legislation – in part on account of a desire on the part of conservative politicians not to martyrise flag-burners, but also due to the vulnerability of such legislation to legal challenge for incompatibility with the implied freedom of political communication protected by the Constitution. High Court authority suggests that it would be difficult for such legislation to survive Constitutional scrutiny unless the relevant provisions were narrowly tailored to welfare concerns such as public safety or public order, and that an objective of preventing offence cannot be a legitimate reason to suppress political communication.
Download the article from SSRN at the link.

Manderson on From Aestheticizing Politics To Politicizing Art @ANU_Law

Desmond Manderson, ANU College of Law; ANU College of Arts and Social Science; McGill University Faculty of Law, is publishing Here and Now: From Aestheticizing Politics to Politicizing Art in Sensing the Nation's Law: Historical Inquiries into the Aesthetics of Democratic Legitimacy (Mark Antaki, Stefan Huygenbaert, Angela Condello and Sarah Marusek, eds., Springer, 2018) (forthcoming). Here is the abstract.
The nation is not a national construction. It is mediated through representations and particularly through representations with a sensory component. Images therefore are primary means through which a collection identity is established. They serve to constitute myths of belonging; to distinguish friend from enemy, as Schmitt put it. They tell stories; they create models and examples that frame our social existence. But they also generate the icons and symbols whose repetition and familiarity - flags, monuments, even colour combinations - etch habits of feeling and mental associations deep into our psyche.
Download the essay from SSRN at the link. 

July 30, 2018

CFP: Constitutional Legacies of Empire, Workshop: May 23-24, 2019

The University of Glasgow School of Law has published a Call For Papers for a Workshop on Constitutional of Legacies of Empire. The workshop will take place May 23-24, 2019 at the School of Law. Here's a link to the website.

Drink Up! Frye on a Legal History of the Bacardi Cocktail @brianlfrye

Brian L. Frye, University of Kentucky College of Law, has published 'It's Your Right…!': A Legal History of the Bacardi Cocktail. Here is the abstract.
In 1936, the Bacardi Company filed a trademark infringement action in New York state court against two New York bars for serving Bacardi cocktails made without Bacardi rum, and the court granted an injunction. For years afterward, the Bacardi Company used the ruling in its advertisement, proclaiming, "It's your right!" to expect Bacardi rum in your Bacardi cocktail. This article provides a legal history of the Bacardi cocktail and the Bacardi Company's trademark infringement action. An appendix provides a list of historical recipes for the Daiquiri and Bacardi cocktails.
Download the article at the link.

Adams on Japanese Canadians and the Canadian Constitution @ericadams99

Eric M. Adams, University of Alberta Faculty of Law, is publishing Constitutional Stories: Japanese Canadians and the Constitution of Canada  in volume 35 of Australiasian Canadian Studies. Here is the abstract.
Constitutions, and the law and culture they generate, constitute in the broad, diverse, and conflicting stories we tell about places, peoples, and nation states. Significant constitutional anniversaries have always marked an occasion for creating and challenging constitutional stories. The 150th anniversary of Confederation offers an opportunity to reflect on the stories that Canadian constitutional history has to contribute to the country’s broader constitutional narrative and self-understanding. In particular, I explore how significant moments in the constitutional history of Japanese Canadians reveal the relationship between constitutional failure and meaningful moments of constitutional resistance and change. In doing so, we see the capacity of constitutional history, often abandoned by scholars for the more immediate imperatives of contemporary constitutional concerns, as integral to a full understanding of Canadian constitutional law, culture, and politics.
Download the article from SSRN at the link.

Bamzai on Taft, Frankfurter, and the First Presidential For-Cause Removal @adityabamzai

Aditya Bamzai, University of Virginia School of Law, has published Taft, Frankfurter, and the First Presidential For-Cause Removal at 52 University of Richmond law Review 691 (2018).
In the fall of 1912—while one of the most consequential presidential campaigns in United States history raged around them—William Howard Taft, Felix Frankfurter, and a handful of officials within the federal government initiated a process to remove two members of the Board of General Appraisers for inefficiency, neglect of duty, and malfeasance in office. The process culminated in President Taft’s for-cause dismissal of the two members, Thaddeus Sharretts and Roy Chamberlain, on the very last day that he served as President, after he received a report recommending their firing from a “committee of inquiry” that included Frankfurter. Taft’s firing of Sharretts and Chamberlain was the first presidential for-cause removal. To this day, it remains the only time in the history of the nation that the President has expressly removed for cause an executive branch “officer of the United States” whose tenure is protected by statute after providing notice to the officer, holding a hearing, and finding that the statutory predicates for removal have been met. Taft’s action involved decisions by two individuals—Taft himself and Frankfurter—who would go on to become Justices of the United States Supreme Court and to author two of the most consequential opinions on the President's authority to remove subordinates, Myers v. United States and Wiener v. United States. It involved the construction and application of statutory language—“inefficiency, neglect of duty, or malfeasance in office”—that Congress still uses to mark some kind of “independence” from presidential control on behalf of an administrative agency. Echoes of the issues that Taft and Frankfurter confronted in 1913 may be heard in Myers and Wiener, in Justice Sutherland’s opinion for the Court in Humphrey’s Executor v. United States, and in recent controversies over the scope of the President’s power to remove subordinate officers within the executive branch. Despite all of the foregoing, the episode has escaped scholarly attention and been the subject of no relevant legal discussion. No account of President Taft’s removal of the two Board members appears in the various treatments of the President’s removal power, or in the large literatures devoted to Taft and Frankfurter, two towering figures in American legal history. Indeed, it is widely, but mistakenly, assumed that no President has ever removed an officer for cause and that (in the words of the dissenting opinion in Free Enterprise Fund v. Public Co. Accounting Oversight Board) “it appears that no President has ever actually sought to exercise [the removal] power by testing the scope of a ‘for cause’ provision.” As a corrective, this article tells the story of Taft’s for-cause removal of the two general appraisers on his last day in office, following a process started in the midst of his 1912 reelection battle with future President Woodrow Wilson and former President Theodore Roosevelt. It then explores the episode’s implications for present-day understandings of the development of the American administrative state and the doctrine of the separation of powers.
Download the article from SSRN at the link.

Allison on Minimizing Magna Carta and Modernizing Exposition of the Rule of Law in the English Historical Constitution @ElgarPublishing @Elgar_Law

John W. F. Allison, University of Cambridge Faculty of Law, has published Minimising Magna Carta and Modernising Exposition of the Rule of Law in the English Historical Constitution as University of Cambridge Faculty of Law Research Paper No. 48/2018. It is forthcoming in Handbook on the Rule of Law (Christopher May and Adam Winchester, Elgar, 2018). Here is the abstract.
Dicey’s view of the English constitution as historical was traditional, but he promoted, and imported to that constitution, a history that was comparative, critical and modernist. His promotion of history as comparison affected his treatment of Magna Carta and his view of its importance to the rule of law. Provisions of Magna Carta provisions are compared and contrasted with Dicey’s exposition of the rule of law to explain his disdain for Magna Carta’s importance, to show the extent to which his exposition of the rule of law marked its modernisation in the English historical constitution, and to illustrate Diceyan history as comparison. The historical comparison serves as an illustration with which to consider the value of history as comparison - for Dicey in his treatment of Magna Carta and for normative interpretivists in drawing upon his rule of law.

Download the chapter from SSRN at the link. 

Peter Haeberle on Constitutional Theory: Constitution on Culture and the Open Society of Constitutional Interpreters: New From Hart Publishing @hartpublishing

New from Hart Publishing: Peter Haeberle on Constitutional Theory: Constitution as Culture and the Open Society of Constitutional Interpreters: Markus Kotzur, ed., Hart, 2018. Here from the publisher's website is a description of the book's contents.
Peter Häberle, one of the most eminent constitutional lawyers in Germany and beyond, has devoted over four decades of academic work to one central idea: that processes of constitutionalisation are cultural processes and their outcome, the constitution, thus qualifies as an emanation of culture itself. This volume introduces six seminal centrepieces of Häberle's constitutional cosmos to an English-speaking audience. His reflections on “Fundamental Rights in the Welfare State” introduced a “flexible dogmatic of human rights” according to which all human rights can be conceived social rights. “The open society of constitutional interpreters” and the classical piece on “Preambles in the text and context of constitutions” revolutionised constitutional interpretation theory. In his article on human dignity, Häberle paved the way for conceptualising this notion as a textual foundation of constitutional Democracies. The last two papers present the rationale for a cultural concept of constitutions and apply to the European plane, too. This book will allow readers to get to know Peter Häberle as a scholar who wants to discover the world beyond positive law.

Media of Peter Häberle on Constitutional Theory

July 26, 2018

Publication Opportunity: Law and Humanities

Do you have an essay or short article on law and humanities that you would like to publish? Teaching materials in the area that you would like to share? What about poetry, short stories, photographs, or other material related to the subjects of law and the humanities? Here's your opportunity. The newly launched open access, peer-reviewed website Hedgehogs and Foxes is seeking your contributions. Please contact a member of the Board of Editors:


Christine Corcos, Associate Professor of Law, LSU Law Center. Contact her at ccorcos@lsu.edu.

Shubha Ghosh, Professor of Law, Syracuse University School of Law. Contact him at sghosh01@law.syr.edu.

David Ray Papke, Professor of Law, Marquette University School of Law. Contact him at david.papke@marquette.edu.

Cassandra Sharp, Associate Professor of Law, University of Wollongong. Contact her at csharp@uow.edu.au.

Julia Shaw, Professor of Law and Social Justice, Faculty of Business and Law, De Montfort University. Contact her at jshaw@dmu.ac.uk.

If you are interested in becoming a member of the Board of Editors, please send an expression of interest to a member of the Board.


Do You Teach Criminal Law Using Pop Culture? If So, Here's a Publication Opportunity



For a book that is being published later this year by Carolina Academic Press, I am looking for someone to write a short chapter (2,500 words or so) on using movies and TV shows to teach criminal law.  The catch is that the deadline for the chapter is August 15 (the person who was supposed to do this chapter unexpectedly bowed out, hence the reason I am now looking for a fill-in).  However, as the chapter is a “how to” with few footnotes, I think someone could write this piece relatively quickly. If you are interested, please contact me at ccorcos@lsu.edu 


July 25, 2018

Fleming on Two Centuries of Policing Swindles and Humbugs @GeorgetownLaw

Anne Fleming, Georgetown University Law Center, has published Two Centuries of Policing Swindles and Humbugs at 46 Reviews in American History 217 (2018). Here is the abstract.
Since the 1860s, when P.T. Barnum, the self-described Prince of Humbug, practiced his art, much has changed in the way that commercial deception is policed. Yet, humbug remains an important tool for some modern American capitalists. Indeed, the American marketplace has never been nor will ever be entirely cleansed of fraud, as Edward Balleisen reports in his exciting new book, Fraud: An American History from Barnum to Madoff. Fraud chronicles the history of business fraud and its regulation over the past two hundred years, beginning in the early nineteenth century. Unlike previous works that focus on particular fraudsters or incidents of fraud, Balleisen casts a wide net that draws in examples from many corners of the world of commerce, including from the sale of securities, lightning rods, and other home improvement services, appliances, and medicine. An array of "capsule stories" illustrate the many varieties of business fraud and range of antifraud policing efforts over the past two centuries, as well as the similarities in approaches to fighting fraud across different domains of business within each era. Although this method does not yield "clean plotlines" or deep explorations of central figures and events, it serves Balleisen's purpose well, which is to find the enduring patterns and "key inflection points" in the fight against business fraud, in addition to explaining the value of this history for present-day policymaking. Without lingering for long on the question of how we define "fraud," Balleisen provides historians and policymakers with a rich history of the machinery designed to stop and prevent it.
The full text is not available from SSRN.

Grebieniow on Inheritance Law and Roman Law

Aleksander Grebieniow, University of Warsaw, Faculty of Law, Institute for Legal History, has published Inheritance Contracts & Roman Law. Here is the abstract.
The use of inheritance contracts is one of the most controversial issues about the Roman Law. It is not unanimous to whether the Romans knew them, and if so, whether they have practised disposing of one’s assets in the event of death by means of an agreement. It appears that the question can’t be solved without asking, how should we understand the notion of ‘inheritance contracts’. Are the modern concepts compatible with Roman legal experience being not compatible with each other? There are though certain proofs of ‘a contract-oriented way of thinking’ of the Roman jurists. They indeed prohibited some contract having a succession over a third person for an object but were not using a broader concept of inheritance contract. The present paper is meant as a reconsideration of this topic, with particular focus on the justifiability of the research questions which have been asked until now.
The full text is not available for download from SSRN.

Habermacher on Rennard Strickland's Comparison Between Sir William Blackstone and Felix Cohen@adrienhaber

Adrien Habermacher, McGill University Faculty of Law, and McGill University Faculty of Law, Institute of Comparative Law, is publishing 'Felix Cohen Was the Blackstone of Federal Indian Law': Taking the Comparison Seriously is volume 8 of British Journal of American Legal Studies.
This paper explores thoroughly the many facets of Rennard Strickland’s comparison between Sir William Blackstone, author of the 1765-69 COMMENTARIES ON THE LAWS OF ENGLAND, and Felix Cohen, architect of the 1942 HANDBOOK OF FEDERAL INDIAN LAW. It consists in a side by side analysis of both authors’ master works, political and educational projects, as well as general contribution to jurisprudence. It reveals that despite the stark differences between Blackstone’s work on the English common law from his professorship at Oxford in the late 18th century, and Cohen’s endeavors on the US federal law concerning Native Americans as a civil servant at the turn of the 1940’s, there are remarkable similarities in the enterprises of legal scholarship the two jurists took on, the larger political projects they promoted, and their role in the development of legal thought. The idea that “Felix Cohen was the Blackstone of Federal Indian Law” has stylistic appeal and could have been little more than a gracious way to celebrate Cohen. An in-depth comparative examination of legal history and jurisprudence however corroborates and amplifies the soundness of the comparison.
Download the article from SSRN at the link.

July 24, 2018

Cotterrell on Law, Emotion, and Affective Community @QMSchoolofLaw

Roger Cotterrell, Queen Mary School of Law, has published Law, Emotion and Affective Community. Here is the abstract.
How should socio-legal theory conceptualise ‘emotion’ as an aspect of social relations that law addresses? This paper uses a concept of affective community – communal social relations dominated by emotional elements – to analyse basic problems for legal regulation that are typical in social relations founded on emotion. What regulatory challenges does affective community pose that may be unique to it, and how does affective community itself produce, shape or constrain regulation? If relations of community presume a degree of stability (continuity and mutual trust), what, in general, promotes such stability in affective relations and what threatens it? What contribution, if any, can state law make to create or maintain such stable conditions? What general problems exist for state law in intervening in affective community? What kinds of demands can properly be made on law in this area? By developing the idea of affective community and exploring its regulatory implications, this paper sketches a theoretical framework by means of which fundamental questions about relations of law and emotion can be structured.
Download the article from SSRN at the link.

A New Study of the Paranormal in Science Fiction Literature

Damien Broderick has published The Paranormal in Psience Fiction Literature (McFarland, 2018). It's available in paperback and in ebook editions.  He discusses many authors, including Alfred Bester, Robert Heinlein, James Blish, A. E. van Vogt, Lester del Rey, Robert Silverberg, Octavia Butler, Connie Willis, and Joan D. Vinge.

July 23, 2018

CFP for Salzburg Workshop in Legal and Social Philosophy 2018: Deadline July 25, 2018 @KYAlbrecht

CFP Deadline approaching: July 25, 2018: Salzburg Workshop in Legal and Social Philosophy 2018.

SALZBURG WORKSHOP IN LEGAL AND SOCIAL PHILOSOPHY 2018

Legal and social philosophy benefits from the often novel approaches of young scholars—and young scholars need the opportunity to discuss their work with peers as well as with more senior scholars. It is the aim of the “Salzburg Workshop in Legal and Social Philosophy” to facilitate this exchange of ideas in an international setting. These one-day workshops will provide a stimulating and encouraging environment to discuss contemporary issues within the field of legal and social philosophy, which includes theories of jurisprudence, concepts of law and justice, theories of constitutional law and theories of international institutions. Every workshop focusses on a topical issue that is challenging and interesting from the point of view of legal and social philosophy. Situated in the former residence of the archbishop, in the center of the baroque city of Salzburg and surrounded by the scenic mountains of the Alps, the Department of Social Sciences and Economics within the University of Salzburg’s Faculty of Law is the perfect place for this workshop.


The current workshop will take place on October 11th, 2018.

This year's theme is "Fiction and Law."


Via Kristin Albrecht  @KYAlbrecht

Fox on the Anglo-Scots Monetary Union of 1707 @UoELawSchool ‏

David Fox, School of Law, University of Edinburgh, has published The Anglo-Scots Monetary Union of 1707 as Edinburgh School of Law Research Paper No. 2018/24. Here is the abstract.
This article analyses the 1707 monetary union between England and Scotland, seen from a legal historical perspective. The task requires a contextual interpretation of Article XVI of the Treaty of Union but, more especially, a fine analysis of the accounting and administrative documents that implemented the union as a numismatic process. Only when these are understood do the questions of private law emerge from the interstices. The article adds to the emerging literature on the economic history of monetary integration. One theme in the literature is the inter-relationship between political and monetary union. Political union drives monetary union but states that seek to preserve their political autonomy may accept some measure of monetary integration between themselves to facilitate trade relations. Strange as it may now seem, the monetary union of 1707 seemed relatively uncontentious in Scotland at the time. The reason may be that it was incidental to the bigger and more difficult question of political union between the two kingdoms. Unlike the formation of the euro-area nearly 300 years later it did not involve the cession of monetary sovereignty by states that, notionally at least, remained politically sovereign. The main effect of the union was simply to rebase the monetary standard of the currency in Scotland with the currency in England. That had been the goal of the Scottish monetary authorities since 1604, after the regnal union established by James VI/I. In one sense, the union simply restored the long-established status quo.
Download the article from SSRN at the link.

July 20, 2018

"The Music Man" and the Law @LawLibCongress

Jim Martin of the Law Library of Congress investigates legal issues raised in the iconic film The Music Man here in a post for the blog In Custodia Legis. Mr. Martin points out, for example,
One law that appears very early in the movie is when the train that Harold Hill is riding enters Iowa. At that point the conductor announces that “cigarettes illegal in this state,” and removes a cigarette from the hand of one of the passengers. I figured that was just part of the script but the movie is partially correct. 
At the time the movie is set, sometime shortly before World War I, Iowa did indeed ban the sale of cigarettes. Title 33, Chapter 47 of the Iowa Code of 1913 governed the sale and possession of tobacco products in the state. Section 8867 specifically prohibits the sale of cigarettes and papers used to make cigarettes. This provision was adopted in 1896. 
Very entertaining reading.

Biber on The Archival Turn in Law: The Papers of Lindy Chamberlain @UTSLaw

Katherine Biber, University of Technology Sydney, Faculty of Law, has published The Archival Turn in Law: The Papers of Lindy Chamberlain in the National Library of Australia at 36 Sydney Law Review 277 (2018). Here is the abstract.
Lindy Chamberlain is the victim of Australia's most notorious miscarriage of justice; in 1982 she was wrongly convicted of the murder of her baby daughter, Azaria. In the decades following her exoneration, Lindy Chamberlain-Creighton, as she is now known, came to an arrangement with the National Library of Australia to care for the papers she had accumulated as a result of her daughter's death and the legal processes that followed. This article examines the 'Chamberlain Papers' through the lens of materiality and scholarship associated with the 'archival turn' in the humanities, social sciences and information sciences. This approach affords an understanding of documents as objects, artefacts and technologies. Working materially with documents provides new opportunities for legal scholars to understand files, papers, recordkeeping and bureaucracy, and gives legal significance to papers created outside the law.
Download the article from SSRN at the link.

Biber on Evidence in the Museum: Curating a Miscarriage of Justice @UTSLaw

Katherine Biber, University of Technology Sydney, Faculty of Law, is publishing Evidence in the Museum: Curating a Miscarriage of Justice in Theoretical Criminology (2018). Here is the abstract.
After the conclusion of criminal proceedings, criminal evidence sometimes survives in what is described here as an afterlife. In its afterlife, criminal evidence is preserved in various locations; this article explores the museum as a repository for evidentiary exhibits. It examines the case of Lindy Chamberlain, the victim of Australia’s most notorious miscarriage of justice, and the evidence that has survived since her exoneration. Drawing upon interviews with Chamberlain herself, and also the curator of the Chamberlain collections at the National Museum of Australia, this article examines the challenges posed by curating a wrongful conviction.
Download the article from SSRN at the link.

July 19, 2018

Anne Marie McElroy Examines Canada's Former Supreme Court Chief Justice's First Legal Thriller @McElroy_Law @simonschuster

Anne Marie McElroy checks out the law in former Canadian Supreme Court Chief Justice Beverley McLachlin's first novel Full Disclosure (Simon & Schuster, 2018) and gives her verdict on her blog, McElroy Blog, here.

Ms. McElroy points out some inaccuracies, such as that under Canadian law, there's no right to have an attorney present during police interrogation, or that in a first degree murder case, bail is not a simple matter. Other criticisms also seem tied to substantive criminal law. Perhaps Justice McLachlin wasn't a criminal lawyer before going on the bench? (She was a law professor at UBC). But Ms McElroy concludes that "Despite my whining about some creative liberties taken by the author, Full Disclosure was actually a fun read. It included some subtle commentary on sexism in the profession and delays in the courts, and presents a smart protagonist and an engaging plot. And while some have said that the character of Jilly Truitt is based on Marie Henein, I know a lot of spunky thirty-something female defence lawyers who could have just as easily inspired this story, and will hopefully inspire more entertaining (and legally accurate) stories to come."  NB: Marie Henein is a leading Canadian criminal defense lawyer. 

Sounds good to me. Full disclosure: I'm ordering the book. 







Full Disclosure

Gallerani on Lyric and Legal Languages in Contemporary Poems @ArsScripta @GuidoMGallerani

Guido Mattia Gallerani, University of Bologna, has published Beyond Forensic Poetry: Lyric and Legal Languages in Contemporary Poems in Law, Culture, and the Humanities 2018 at 1-21. Here is the abstract.
In the field of Law and Literature studies, contributions on poetry are rare. This article focuses on a selection of contemporary poetic works: Cornelius Eady’s A Brutal Imagination (2001), Frédéric Boyer’s Le Goût du suicide lent (1999), Maurizio Cucchi’s Il disperso (1976) and Corrado Benigni’s Tribunale della mente (2012). Their lyrical shaping of law establishes a difference from the model of “forensic” poetry that can be found in Charles Reznikoff’s Testimony (1978–1979). Through them, this contribution shows how it is possible to challenge a reflection on the language of lyric poetry and that of law at the same time, if we interpret the lyric poetry as a non-narrative discourse.

Download the article at the link.

Via @ArsScripta

July 18, 2018

Sing About It: The Notorious RBG Gets Her Own Recording @NPR

From NPR's Nina Totenberg: Ruth Bader Ginsburg's daughter-in-law, the soprano and composer Patrice Michaels has composed a number of songs based on letters by Martin Ginsburg, the Justice's late husband, as well as other materials. These compositions as well as others by other composers (Lori Laitman, Vivian Fung, Stacy Garrop, and Derrick Wang) are now available on Notorious RBG in Song on James Ginsburg's label Cedille Records.  Professor Laitman holds an M. M. from the Yale School of Music. Professor Fung holds a doctorate from the Juillard School. Professor Garrop earned her doctoral degree from Indiana University, Bloomington. You may recognize Mr. Wang's name from his earlier composition, the opera Scalia/Ginsburg. Mr. Wang holds an M.M. from the Yale School of Music and a J.D. from the University of Maryland School of Law.

More here.

July 13, 2018

Davies on A Grand Game Introduction, or the Rise and Demise of "Sherlock Holmes"

Ross E. Davies, George Mason University Law School; The Green Bag, has published A Grand Game Introduction, or the Rise and Demise of 'Sherlock Holmes' at 2 The Newspapers 25 (2018). Here is the abstract.
On April 12, 1904, “Sherlock Holmes” became a registered trademark of Parker Brothers, one of the biggest makers of card games, board games, and the like in the United States. Of course, that did not mean that Parker Brothers controlled the great man’s name outright. Rather, it meant the U.S. Patent Office had granted the company the right to use the name in the category of “games played with cards.” According to the official report of the registration, Parkers Brothers had been using the words “Sherlock Holmes” in connection with “games played with cards” since February 15, 1904. To the best of my knowledge, that settles the incept date of the first Sherlockian game. (A few days later, Parker Brothers also completed its copyright registration of “Rules for the playing the game of Sherlock Holmes.”) “Sherlock Holmes” suffered a quick fade, at least when compared to some of its contemporaries in Parker Brothers product line. (“Rook” for example, was introduced in 1906 and is still popular today, while “Ping-Pong,” introduced in 1902, has become a generic term for table tennis.) Why was “Sherlock Holmes” so short-lived and then so thoroughly forgotten? Here are two possibilities to consider. First, Parker Brothers may have run into intellectual property problems, despite its trademark and copyright registrations. Second, maybe “Sherlock Holmes” turned out to be a not-very-grand game. Indeed, its defects may well have been obvious to its creators from day one, or close to it. Parker Brothers completed its copyright registration of “Rules for the playing the game of Sherlock Holmes” on April 18, 1904, and a mere five months later the company was back, copyrighting “improved” rules for the game on September 23. This despite the fact that George Parker, the chief game developer for the company, “still played every Parker game over and over again himself, with employees, family and friends to make certain that every wrinkle was ironed out, that confusion was eliminated and that “actual playing qualities” were excellent. Even though he was the very busy head of a good-sized business, he personally wrote the rules for every game the company produced, working over them evening after evening to clarify and simplify them.”
Download the article from SSRN at the link.

Todres on The Trump Effect, Children, and the Value of Human Rights Education @jtodres

Jonathan Todres, Georgia State University College of Law, is publishing The Trump Effect, Children, and the Value of Human Rights Education in volume 56 of the Family Court Review (2018). Here is the abstract.
Since launching his presidential campaign, Donald Trump's rhetoric has often been divisive as well as demeaning of selected groups. This article examines the impact of Trump's rhetoric on children and their communities and explores the role that human rights education can play in responding to Trump and forging broader support for human rights. The article reviews the research on human rights education and considers how human rights education can be embedded in broader efforts to educate children. Using children's literature as a case study, the article argues for the importance of mainstreaming human rights education and meeting children where they are, in order to foster greater recognition of and respect for the rights of all individuals.
Download the article from SSRN at the link.

McAdams on The Cross-Examination of Mayella Ewell @UChicagoLaw @AlaLawReview

Richard H. McAdams, University of Chicago Law School, has published The Cross-Examination of Mayella Ewell at 69 Alabama Law Review 579 (2018). Here is the abstract.
This essay explores one central part of Tom Robinson’s trial in Harper Lee’s To Kill a Mockingbird: Atticus Finch’s cross-examination of Mayella Ewell. The eight- year-old Scout cannot fully understand the strategy and meaning of Atticus’ questions, but the trial supplies enough clues to understand more of Mayella’s life than is generally understood.
Download the article from SSRN at the link.

July 12, 2018

Call For Papers, IRSL, University of Torino, September 19-20, 2019






                                                                                          





IRSL 2019, University of Torino
19-20 September 2019

Hosted by the University of Torino, LabOnt, Circe


THE REASONABLE INTERPRETER
Perspectives on legal and non legal semiotics


Legal normativity is nowadays characterized by many forms. Multi-level governance amplifies this attitude: there are different judges, different courts, and many codes (aesthetic, digital, etc) can now be recalled as valid arguments in legal reasoning. 

The 2019 Roundtable for the Semiotics of Law addresses this plural and many-sided attitude of legal discourse from the perspective of the interpreter of the legal text. What is the role of reasonableness in legal hermeneutics today?

Against this background, the conference will address issues such as: can algorithms be considered as the new topoi of legal science? How are legal semiotics and legal rhetorics interconnected? Is there still room for pathos and ethos within a reasoning that makes reference to big data? Therefore, and, most importantly: how are legal and non-legal semiotics connected today? And can this relationship be traced back to antiquity?


Abstracts of 300 words (max.) should be submitted by March 28th, 2019 to Angela Condello (Organizer) (angelacondello@gmail.com), Paolo Heritier (Organizer) (paolo.heritier@unito.it), Massimo Leone (Organizer) (massimo.leone@unito.it), Jenny Ponzo (Organizer) (jenny.cuk@hotmail.it), and Anne Wagner (President of IRSL) (valwagnerfr@yahoo.com) with participation decisions made by April 15th, 2019.

Selected papers will be invited for publication in a special issue of the International Journal for the Semiotics of Law (Springer: http://www.springer.com/lawjournal11196) or for inclusion in an edited volume.

July 11, 2018

Jarvis on The Maritime Origins of Sherlock Holmes

ICYMI: Robert M. Jarvis, The Maritime Origins of Sherlock Holmes, 49 J. Mar. L. &  Com. 105 (2017). Here's the beginning of yet another of Professor Jarvis's delightful essays.
This year (2018) marks the 125th anniversary of the publication of Dr. (later Sir) Arthur Conan Doyle's The Adventure of the Gloria Scott. Set during Sherlock Holmes's brief time in college, it is one of only two entries in the Holmes canon that occurs before Holmes met Dr. John H. Watson and formed literature's most famous crime-fighting partnership. It also is the story that speaks most directly to maritime lawyers, involving, as it does, a mutiny aboard one ship and a rescue by another. The Gloria Scott is a blackmail tale that clocks in at 7,892 words. Its plot can be summarized as follows. In 1855, an uprising takes place aboard the barque GLORIA SCOTT, an English convict ship headed to Australia. The attack has been arranged and financed by a prisoner named Jack Prendergast, who has organized the convicts, bribed the crew, and smuggled guns onto the vessel. In the midst of the takeover, several of the mutineers get cold feet. Prendergast, although angry, agrees to spare their lives and sets them adrift in a small boat. Moments later, the GLORIA SCOTT blows up when a misdirected bullet (or possibly a match) ignites a barrel of gunpowder. One seaman, named Hudson, survives the explosion and is rescued by the castoffs The next day, the HOTSPUR, a brig bound for Australia, comes upon the boat. The men in it claim to be passengers from a vessel that sank off the coast of Africa and are accepted as such. Upon reaching Sydney, they find work as gold miners, grow rich, and later return to England using their assumed identities.

Masur and McAdams on Police Violence in "The Wire" @jonathanmasur

Jonathan S. Masur and Richard H. McAdams, both of the University of Chicago Law School, are publishing Police Violence in The Wire in the University of Chicago Legal Forum (2018). Here is the abstract.
That police brutality is a common occurrence in HBO’s The Wire does not set it apart from other filmic depictions of police. What is distinctive is the fact that police violence is neither condoned nor relegated exclusively to a few “bad apples.” Instead, The Wire depicts structural causes of police violence by showing how organizational dysfunction leads some of the very best police officers on the force to commit unjustified and inexcusable violence. We explore four structural mechanisms the show depicts: the police code of loyalty: the hyper-masculine need to project power and dominance; the strategic imperatives of the War on Drugs; and a collective action problem among police. The implication of this complex depiction is that the elimination of police brutality requires far more than removal of a few bad officers. We conclude by briefly exploring how police departments might reverse the structural and institutional mechanisms causing police violence.
Download the article from SSRN at the link.

Political Theology and the Contemporary Moment: Beyond the Christian and the Secular: Humboldt University of Berlin Workshop @HumboldtUni


Political Theology and the Contemporary Moment: Beyond the Christian and the Secular
A Two-Day Workshop at the Humboldt University of Berlin

July 5-6, 2018

Humboldt-Universität zu Berlin
Theologische Fakultät
Burgstr. 26, 10178 Berlin
Room 206 (2nd floor)

The workshop is free and open to all. No registration is required.


WORKSHOP SCHEDULE
July 5th
11.00-11.10 Welcome 
Kirill Chepurin (HU Berlin/HSE Moscow) and Alex Dubilet (Vanderbilt) 

11.10-12.00 A Political Theology of Disenchantment 
Marika Rose (Winchester) 

12.00-12.50 An Agenda for Total Disorder: Mysticism and Gnosis in Fanon 
Anthony Paul Smith (LaSalle) 

12.50-14.00 Lunch 

14.00-14.50 Disciplining the Moment 
Linn Tonstad (Yale) 

14.50-15.40 Doing Nothing: Individuation, Subjection, and the Political Theology of Interpellation
Alex Dubilet (Vanderbilt) 

15.40-16.10 Coffee 

16.10-17.00 Secularism and Liberalism: A Conjoined Critique 
Thomas Lynch (Chichester) 

17.00-17.50 Conceptualizing Umma Today (The Ruin of Islamic Community) 
Basit Iqbal (UC Berkeley) 

17.50-18.10 Coffee 

18.10-19.00 You’re On God’s Time Now: On the Accumulative Disjunction of Intensive and Extensive Duration 
Sean Capener (Toronto) 

July 6th
11.10-12.00 Is Romanticism Secular?: Uses of Justification 
Joseph Albernaz (Columbia) 

12.00-12.50 Laying Claim to History: Theology, Literature, and the Reproduction of Racial Belonging
Amaryah Armstrong (Vanderbilt) 

12.50-14.00 Lunch 

14.00-14.50 Is Secularism Christianity? Blumenberg to Anidjar 
Christiane Frey (ICI Berlin) 

14.50-15.40 Modernity and Bliss 
Kirill Chepurin (HU Berlin/HSE Moscow) 

15.40-16.10 Coffee 

16.10-17.00 Zones of Equivocity 
Daniel C. Barber (Pace) 

17.00-17.50 A Matter of Conversion: Derrida and Žižek on Kabbalistic Materialism 
Agata Bielik-Robson (Nottingham) 

17.50-18.10 Coffee 

18.10-19.00 Disappointing Vision: Anarchism, Prophecy and the Archeon 
James Martel (San Francisco State)

Organized by Kirill Chepurin and Alex Dubilet, with the support of Prof. Dr. Rolf Schieder.
Funded by HU Berlin's KOSMOS Program.