Theory of Sovereignty In the Hebrew Bible

Geoffrey P. Miller, New York University School of Law, has published Sovereignty and Conquest in the Hebrew Bible, as NYU School of Law, Public Law Research Paper No. 10-61. Here is the abstract.

This article examines the Hebrew Bible’s theory of sovereignty with special reference to the book of Joshua. The author conceives of sovereignty as the exclusive and absolute control over territory. The sovereign is “all Israel” – the biblical analogue to “we the people.” The territory is the land promised to the Patriarchs and partially conquered by Joshua in the war of conquest. Israel’s title to this territory is established vis-à-vis foreign nations by boundary agreement (Aram), partition (Ammon and Moab), abandonment (Edom), and renunciation (Egypt); its right to dispossess the prior inhabitants is based on theories of conquest, capacity, appropriation, grant, promise, purchase and contract. Israel’s control over territory is explored in narratives describing the allocation of the Promised Land. The author’s approach is pragmatic rather than programmatic, stressing the value of fair procedures and recognizing arguments for distributive justice based on merit, equality, productivity, expectations and need. The author argues that a property distribution, even if fair ex ante, must also be accepted as reasonable ex post.

Download the full text from SSRN at the link.

Documentary Films, Law and Justice

Cynthia D. Bond, The John Marshall Law School, has published Documenting Law: Reality & Representation on Trial. Here is the abstract.

Documentary films frequently address issues of social and political injustice; thus, however indirectly, implicating law as their subject. Documentary film and legal process also frequently share formal similarities as they both seek to reconstruct actual events through representational techniques. Thus, notions of the truth are deeply overdetermined in documentary films about law. To most lay spectators, such documentaries are truth-seeking systems (documentary film) depicting a truth-seeking system (law). Thus, it is particularly useful to analyze the impressions of law lay spectators gain (or confirm) from these films since, given the truth claims of documentaries, spectators may more fully trust images of law in them than in fiction film. Documentaries engage different strategies in ignoring, negotiating, or acknowledging the overdetermined sources of truth they contain. First, many documentaries mount a competing narrative of truth, contesting the ability of legal processes to adequately find the truth (a dynamic this article dubs “Film vs. Law”). Alternatively, documentaries may contest law’s truth claims without fully supplanting them with their own purportedly superior access to truth (“Film and Law”). These films both critique the truth claims of the legal process while acknowledging the inevitably open-ended and provisional nature of the events they reference. Finally, documentaries may underline the shared representational techniques of law and film to reveal the vexed nature of accessing the truth in both realms (“Film = Law”). These three documentary strategies are defined in part by the stylistic choices the films make, and by the on- and off-screen performance of the filmmaker’s relationship with his or her subject. Yet regardless of a particular documentary film style, the notion of the truth of depicted events is an inescapable element of the documentary narrative.

Download the full text from SSRN at the link.

Summer Institute in Legal History and Post-Doc at Wisconsin

Hurst Summer Institute in Legal History at Wisconsin


Next two week biennial session will take place in June 2011; apply by 1/15/11.

Complete information and application instructions can be found at

http://law.wisc.edu/ils/hurst_institute.htm



The Hurst Summer Institute in Legal History is a biennial event sponsored by the Institute for Legal Studies at the University of Wisconsin Law School in conjunction with the American Society for Legal History (ASLH). A committee appointed by the ASLH reviews applications from early-career faculty members, doctoral students with completed or nearly completed dissertations, and recent J.D. graduates demonstrating interest in an academic career with a focus on legal history, and selects 12 promising scholars as Institute Fellows. The Fellows come to Madison for two weeks in June to participate in daily seminars, meet other legal historians, and analyze and discuss each others work. Each biennial Institute is organized and chaired by senior legal historians and includes visiting scholars who lead specialized sessions.



The purpose of the Hurst Summer Institute is to advance the approach to legal scholarship fostered by J. Willard Hurst in his teaching, mentoring, and scholarship. The Hurst Summer Institute assists scholars from law, history, and other disciplines in pursuing research in legal history. It also develops teaching skills by deepening the understanding of legal history and developing methods for incorporating it into the law school and undergraduate history curriculum. More importantly, it provides junior faculty a unique opportunity to work closely over an extended period of time with distinguished senior faculty and thus continue the tradition of excellence in research, teaching, and mentoring others. Finally, the Hurst Institute establishes relationships and cultivates a network of scholars for mutual support throughout their careers.

______________________________________________________________



Law and Society Post-Doctoral Fellowship at Wisconsin

One-year fellowship for early-career scholars who work in the "law and society" tradition and who will be competing for university-level teaching jobs in the U.S. market.

For 2011-12 academic year, apply by 1/7/11.

Complete information and application instructions can be found at:

http://law.wisc.edu/ils/lawandsocietyfellowship.html



The Institute for Legal Studies of the University of Wisconsin Law School will appoint a post-doctoral fellow for the 2010-11 academic year. We invite applications from scholars who are in the early (pre-tenure) stage of their career or whose careers have been interrupted or delayed. Eligibility is limited to humanities or social science scholars who work in the law and society tradition, for example, anthropologists, economists, historians, political scientists, and sociologists. Advanced ABD graduate students may apply, but the PhD must be completed before beginning the fellowship. The stipend will be $25,000, plus a research allowance of $5,000 and benefits that include health insurance.



The fellowship is designed to support a scholar at an early stage in his or her career when, under prevailing circumstances, career pressures or teaching responsibilities might divert the individual away from research. At the Institute, the Fellow will be able to devote most of his or her time to research and writing and will find a sympathetic and critical audience to support that work. Fellows are expected to be in full-time residence in Madison, to organize and lead a colloquium for graduate students, and to participate in the intellectual life of the Institute, which includes lectures, workshops, and conferences.



This fellowship is intended for early career social science and humanities scholars whose research contains a strong legal component and who plan to compete for a University teaching position in the U.S. market. Non-US citizens may apply, but must meet the stated criteria.



Howard S. Erlanger

Director, Institute for Legal Studies



Professor of Sociology &

Voss-Bascom Professor of Law

University of Wisconsin - Madison

New Law and the Humanities Books From Ashgate Publishing

New books available or due out soon from Ashgate Publishing:

Cathrine O. Frank, Law, Literature, and the Transmission of Culture in England, 1837-1925 (2010)

Christopher Frank, Master and Servant Law: Chartists, Trade Unions, Radical Lawyers and the Magistracy in England, 1840-1865 (2010)

Kelly Hager, Dickens and the Rise of Divorce: The Failed Marriage Plot and the Novel Tradition (2010)


Henry Ansgar Kelly, Law and Religion in Chaucer's England (2010) (Variorum Collected Studies Series; CS957)

Dennis R. Klinck, Conscience, Equity and the Court of Chancery in Early Modern England (2010)

Bridget M. Marshall, The Transatlantic Gothic Novel and the Law, 1790-1860 (January 2011)

Call For Papers

1st Global Conference


Queer Sexualities

13th to 15th May 2011

Warsaw, Poland



Call for Papers

20 years since the reclamation of the word 'queer'

by the LGBTQ community this conference would like to take a closer look at broad themes of queer sexualities through time and space, non-normative sexual constructions and queer sexual identities from a diverse range of perspectives by scholars working in various academic disciplines. Yet our meaning of the word queer is not limited to the non-mainstream sexuality as we opt for inclusion of 'unusual'

heterosexual practices into the 'queer domain' in order not to discriminate but understand, include and accept.



Papers, reports, work-in-progress and workshops are invited on issues related to the following themes:



* the role of historical forces in shaping queer

sexuality(ies)

* historiography of queer sexualities

* the politics of queer sexualities

* queertopias and the politics of gender

* queer identities/sexualities in literature and art

* queer sexualities and the body - literary and non-literary

* representations and resistances of non-normative corporeality

* beyond queer sex and sexuality

* queerotica vs. queerporn

* queer sexualities and performativity

* queer sexualities and age

* queer sexualities and theory (queer theory, straight queer theory,

* sexuality studies, disability studies, feminist perspective, fat studies etc.



The Steering Group particularly welcomes the submission of pre-formed panel proposals. Papers will also be considered on any related theme.

300 word abstracts should be submitted by Friday 26th November 2010. If an abstract is accepted for the conference, a full draft paper should be submitted by Friday 1st April 2011.



300 word abstracts should be submitted

simultaneously to both Organising Chairs; abstracts may be in Word, WordPerfect, or RTF formats with the following information and in this

order:



a) author(s), b) affiliation, c) email address, d) title of abstract, e) body of abstract.

E-mails should be entitled: QS1 Abstract Submission.



Please use plain text (Times Roman 12) and abstain from using footnotes and any special formatting, characters or emphasis (such as bold, italics or underline). We acknowledge receipt and answer to all paper proposals submitted. If you do not receive a reply from us in a week you should assume we did not receive your proposal; it might be lost in cyberspace! We suggest that you look for an alternative electronic route or resend.



Organising Chairs



Malwina Degórska (Conference Leader)

English Department

University of Szczecin

Szczecin, Poland

E-mail: mdegorska@gmail.com



Barbara Braid

English Department,

University of Szczecin,

Szczecin, Poland

E-mail: barbara.braid@gmail.com



Rob Fisher

Network Founder and Network Leader,

Inter-Disciplinary.Net, Oxfordshire, United Kingdom.

E-mail: qs@inter-disciplinary.net



The conference is part of the At the Interface programme of research projects. It aims to bring together people from different areas and interests to share ideas and explore various discussions which are innovative and exciting. All papers accepted for and presented at the conference will be eligible for publication in an ISBN eBook. Selected papers may be developed for publication in a themed hard copy volume(s).



For further details about the project please visit:

http://www.inter-disciplinary.net/at-the-interface/gender-and-sexuality/queer-sexualities/
For further details about the conference please visit:


http://www.inter-disciplinary.net/at-the-interface/gender-and-sexuality/queer-sexualities/call-for-papers/

"Outlaw" Debuts

The Blog of Legal Times takes aim at Outlaw, Jimmy Smits' new legal drama on NBC. Pow! Smash! Bam! Generally, BLT doesn't like the new show. Here's an excerpt.

Maybe it was when Jimmy Smits' character, Supreme Court Justice Cyrus Garza, got into an argument with a comely American Civil Liberties Union lawyer who was picketing a public appearance of his -- followed shortly by the two of them sleeping together.

Or maybe it was the scene in which a U.S. senator ominously threatens Garza with impeachment or bodily injury if he votes a certain way on a pending case. Or it could have been a dozen other scenes in which NBC's new show "Outlaw," which aired last night, asks viewers not just to suspend their disbelief but throw it out the window. The show in every way seemed to fulfill most critics' expectations, which were that 'Outlaw' is a stinker that won't and shouldn't last longer than it takes to say non compos mentis.

Other reviews here: from the Sun-Sentinel; from the Seattle Post-Intelligencer; from the New York Post; from the Boston Herald.

I decided to watch the premiere (which I missed) and another episode online. After about fifteen minutes, I threw in the towel. Never mind that Smits' character has little of the affect of a Supreme Court Justice. Never mind that a real Supreme Court Justice is not likely to allow a young woman to flounce about in his anteroom or sit seductively on his desk. Never mind that a Supreme Court Justice is likely to come on to a woman he doesn't know in public. Ick. And what awful procedural slips. An SCJ does not issue a stay of execution AND send the case back for retrial all by his lonesome. Yes, yes, I know, legal dramas don't have to be completely true to life, but this show really does veer pretty far from what I at least can accept, much as I love legal shows and TV drama in general. What can other viewers accept?

I also watched the second episode as aired. This one I liked a little better. The acting, I thought, good. Mr. Smits always amazes me, and the rest of the cast is good. But again, the plot was average.

"Outlaw" should be outlawed. I give it (maybe) one more episode. Too bad. I like Jimmy Smits as an actor. He needs better material than this.

Popular Culture In University Teaching

From the Chronicle of Higher Education's Tweed Blog, professors who use popular culture in their teaching.

Narrative and Truth in the Documentary

Cynthia D. Bond, The John Marshall Law School, has published Documenting Law: Reality & Representation on Trial. Here is the abstract.

Documentary films frequently address issues of social and political injustice; thus, however indirectly, implicating law as their subject. Documentary film and legal process also frequently share formal similarities as they both seek to reconstruct actual events through representational techniques. Thus, notions of the truth are deeply overdetermined in documentary films about law. To most lay spectators, such documentaries are truth-seeking systems (documentary film) depicting a truth-seeking system (law). Thus, it is particularly useful to analyze the impressions of law lay spectators gain (or confirm) from these films since, given the truth claims of documentaries, spectators may more fully trust images of law in them than in fiction film. Documentaries engage different strategies in ignoring, negotiating, or acknowledging the overdetermined sources of truth they contain. First, many documentaries mount a competing narrative of truth, contesting the ability of legal processes to adequately find the truth (a dynamic this article dubs “Film vs. Law”). Alternatively, documentaries may contest law’s truth claims without fully supplanting them with their own purportedly superior access to truth (“Film and Law”). These films both critique the truth claims of the legal process while acknowledging the inevitably open-ended and provisional nature of the events they reference. Finally, documentaries may underline the shared representational techniques of law and film to reveal the vexed nature of accessing the truth in both realms (“Film = Law”). These three documentary strategies are defined in part by the stylistic choices the films make, and by the on- and off-screen performance of the filmmaker’s relationship with his or her subject. Yet regardless of a particular documentary film style, the notion of the truth of depicted events is an inescapable element of the documentary narrative.

Download the paper from SSRN at the link.

The Nuremberg Trials in Historical and Cultural Context

Christiane Wilke, Carleton University, Department of Law, has published Reconsecrating the Temple of Justice: Invocations of Civilization and Humanity in the Nuremberg Justice Case, at 24 Canadian Journal of Law and Society 181 (2009). Here is the abstract.

The Nuremberg Trials provide the foundation for contemporary international criminal law. Yet these trials are rarely explored in their broader ideational and social context. This article examines the context and role of the concept of “civilization” as used in U.S. v Altstoetter, the 1947 trial of Nazi judges and judicial administrators at Nuremberg. I place the reference to civilization in Altstoetter within a tradition of international law that understood law and civilization as co-constitutive. The Altstoetter Court conceptualized Germany as an essentially civilized country that lapsed into barbaric and therefore lawless violence. This account helped the Court to establish the blameworthiness of the defendants’ conduct, blame the Nazi violence on lawlessness, and establish its own authority.

Download the article from SSRN at the link.

A New Book on Law and the Bible

Recently published by Jonathan Burnside, God, Justice, and Society: Aspects of Law and Legality in the Bible (Oxford, 2010). Here is the abstract.

What is the real meaning of 'an eye for an eye and a tooth for a tooth'? Where did the idea for the 'Jubilee 2000' and 'Drop the Debt' campaigns come from? And what, really, are the 'Ten Commandments'? In God, Justice, and Society , Jonathan Burnside looks at aspects of law and legality in the Bible, from the patriarchal narratives in the Hebrew Bible through to the trials of Jesus in the New Testament. He explores the nature of biblical law, legal thinking, and legal institutions by setting the biblical texts in their literary, social, and theological context.

Burnside questions the biblical texts from the perspective of an academic lawyer and criminologist and asks what the biblical materials contribute to our understanding about the nature and character of law. He examines much of biblical law and narrative that has formed the basis of Western civilization, while at the same time exploring differences between biblical law and modern legal concepts and legal assumptions. The resulting book is a cross-disciplinary analysis which recognizes the integration of law and theology.

God, Justice and Society presents biblical law as an integration of instructional genres in the Bible which together express a vision of a society ultimately accountable to God. Burnside seeks to understand both the application of law and legal theory to the Bible and the extent to which biblical law contributes important insights into legal dilemmas in today's world.

A holistic teaching website to support this book, containing downloadable resources, is available at www.seekjustice.co.uk.

Why Films About the Wrong Side of the Law Are So Appealing

From the New York Times, an article on the history and evolution of the crime film.

Protecting Intellectual Property "In Progress"

Nathan Murphy, University of Connecticut, has published Thème Et Varaations: Why the Visual Artists Rights Act Should Not Protect Works-in-Progress, at 17 UCLA Entertainment Law Review 110 (2010). Here is the abstract.

Many countries recognize "moral rights," which allow artists some level of control of their art after it is sold, for example by guaranteeing that their work’s authorship is acknowledged and that it cannot be modified without their permission. In contrast to Europe, where they have long existed, these rights have only been broadly recognized in American law since 1990, when Congress enacted the Visual Artists Rights Act (VARA).



Although other parts of VARA have received extensive scholarly attention, one question that has been essentially overlooked is whether VARA applies to unfinished works of art. This is surprising, because it has been central in some of the most well-known VARA decisions. Until very recently, those opinions that could have weighed in on the issue have also avoided it. But given how often the issue arises, courts could not avoid it forever, and in late January of 2010, the United States Court of Appeals for the First Circuit decided in Massachusetts Museum of Contemporary Art v. Büchel, No. 08-2199, 2010 WL 297834 (1st Cir. Jan 27, 2010), that VARA fully applies to works-in-progress, from the first stroke of the artist’s brush onward.



Although some authors have rejected the doctrine of "moral rights" wholesale, that is most decidedly not the aim of this paper. Instead, its central argument is that VARA does not (and should not) apply to any works-in-progress, regardless of whether these works would (or should) be protected in finished form. Although this implies that that MassMoCA was wrongly decided, the argument is much broader. Indeed, the MassMoCA opinion’s cursory analysis belies the fact that the question of works-in-progress is very complex. Accordingly, this paper examines VARA’s statutory history, contemporary art theory, and the economic underpinning of the unique American moral-rights framework and concludes that they all suggest no VARA protection for works-in-progress. Further, this reading is (counterintuitively) most consistent with the statute’s aim to protect artists’ moral rights. Unlike with completed art, "moral rights" in unfinished works are protected existing legal remedies.

Download the article from SSRN at the link.

The History of Fair Use

Matthew Sag, DePaul University College of Law, has published The Pre-History of Fair Use. Here is the abstract.

This article reconsiders the history of copyright’s pivotal fair use doctrine. The history of fair use does not in fact begin with early American cases such as Folsom v. Marsh in 1841, as most accounts assume - the complete history of the fair use doctrine begins with over a century of copyright litigation in the English courts. Reviewing this ‘pre-history’ of the American fair use doctrine leads to three significant conclusions. The first is that copyright and fair use evolved together. Virtually from its inception, statutory copyright went well beyond merely mechanical acts of reproduction and was defined by the concept of fair abridgment. The second insight gained by extending our historical view is that there is in fact substantial continuity between fair abridgment in the pre-modern era and fair use in the United States today. These findings have substantial implications for copyright law today, the principal one being that fair use is central to the formulation of copyright, and not a mere exception.



The third conclusion relates to the contribution of Folsom v. Marsh itself. The pre-modern cases illustrate a half-formed notion of the derivative right: unauthorized derivatives could be enjoined to defend the market of the original work, but they did not constitute a separate market unto themselves. Folsom departs from the earlier English cases in that it recognizes derivatives as inherently valuable, not just a thing to be enjoined to defend the original work against substitution. This subtle shift is important because while the boundaries of a defensive derivative right can be ascertained with respect to the effect of the defendant’s work on the plaintiff’s original market, the boundaries of an offensive derivative right can only be determined with reference to some other limiting principle. This extension of the derivative right may well have been inevitable. It seems likely that as more and more derivatives were enjoined defensively, courts and copyright owners began to see these derivatives as part of the author’s inherent rights in relation to his creation. In other words, once copyright owners were allowed to preclude derivatives to prevent competition with their original works, they quickly grew bold enough to assert an exclusive right in derivative works for their own sake. A development which, for good or ill, bridges the gap between pre-modern and modern copyright.

Download the article from SSRN at the link.

Another Review of David Rabban's Law's History

Roy Kreitner, Harvard University Institute for Global Law and Policy, and Tel Aviv University, Buchmann Faculty of Law, has published Heroes, Anti-Heroes, and Villains, at  1 Jerusalem Review of Legal Studies 96 (2010). Here is the abstract.

This is Roy Kreitner's contribution to the symposium on David Rabban's book “Law’s History: Late Nineteenth-Century American Legal Scholarship and the Transatlantic Turn to History”.

Download the article from SSRN at the link.

A Review of David Rabban's Law's History

Ron Harris, Tel Aviv University, Buchmann Faculty of Law, has published The Politics of Historical Narratives: Comment on David Rabban’s Law’s History at 1 Jerusalem Review of Legal Studies 81 (2010). Here is the abstract.

This is Ron Harris's contribution to the symposium on David Rabban's book “Law’s History: Late Nineteenth-Century American Legal Scholarship and the Transatlantic Turn to History”.

Download the article from SSRN at the link.

Socrates

Ah, the Socratic Method, pedagogical tool beloved of law students. NOT. Angus Kennedy examines some new books devoted to the life and legacy of Socrates here, who is supposed to have annoyed those around him with that device so much that they told him to begone permanently. Well, he did some other things that annoyed his neighbors too. Notes Mr. Kennedy, "In Plato’s Meno, Socrates offends a man called Anytus by suggesting that even great men such as Themistocles and Thucydides were not capable of teaching their sons to be good. Anytus warns him to be careful, that he is ‘too ready to speak evil of men’. It was Anytus who brought the prosecution against Socrates in 399 BC, on charges of impiety and corrupting the youth, which led to Socrates’ execution."

Science and the Criminal Mind

In The Chronicle of Higher Education, Evan R. Goldstein reviews Douglas Starr's new book exploring the origins of criminology, The Killer of Little Shepherds.

Storytelling Across the Curriculum

Carolyn Grose, William Mitchell College of Law, has published Storytelling Across the Curriculum: From Margin to Center, from Clinic to the Classroom, in volume 7 of the Journal of the Association of Legal Writing Directors (2010). Here is the abstract.

Narrative theory and storytelling can be used throughout the law school curriculum, cutting across types of courses and types of lawyering. I teach skills, doctrinal, and clinical courses, and I use narrative theory and storytelling in all three, always with the same goal: to help students recognize that as lawyers, they are not only hearers and tellers of stories, but also, and perhaps most important, constructors of stories.

I use the term “narrative theory” to describe the study of story construction, which is different from - though clearly related to - story telling. Construction is the act of building: putting together the elements that comprise the story and then writing it down. Performance of the story - reading it, telling it, enacting it - comes later.

In this piece, I develop the idea of using storytelling across the curriculum to teach students critical thinking and reflection about their role as lawyers. In Part One, I describe the importance of storytelling and stories in the craft of lawyering. Part Two describes my own teaching in the context of narrative theory and practice, and it analyzes how and why this context achieves the goal of developing students’ critical thinking skills and reflective practice. The piece concludes with the suggestion that narrative theory and storytelling as a pedagogy used systematically across individual courses and the curriculum has the potential to transform a student’s experience of law school, resulting in her development as an empowered, reflective, and socially responsible member of the legal profession, regardless of the kind of law she practices or the kinds of clients she represents.

Download the article from SSRN at the link.

The Magic of the Courtroom

The Eleventh Judicial Circuit and Miami-Dade County reached back--far back--to re-enact Al Capone's perjury trial. Partly out of nostalgia, and partly out of a sense of the importance of the law, the people involved took on key roles in the decades-old proceeding to bring key figures to life. In the peanut gallery, some adults with an interest in Capone, and in the historic, and some ninth graders who may now know who Al Capone was. Or not. More here from the New York Times.

The Trial

From the New York Times, an account of the legal battle over Franz Kafka literary legacy. The parties: the National Library of Israel and the heirs of Max Brod, who handled Mr. Kafka's estate.

Camus' "The Outsider" and Criminal Punishment Theory

Emlyn Walter Cruickshank, Australian National University College of Law, has published Dialogues of Indifference: Albert Camus' 'The Outsider' and Criminal Punishment Theory , as ANU College of Law Research Paper No. 10-29. Here is the abstract.

This paper was written as an honours paper under the supervision of Dr Tony Connolly.

Upon reading Albert Camus’ 'The Outsider', the curious feeling arises that despite his indifference at having killed a man, Meursault is not the real villain of the story. The villains are those who punish him and the institution through which this punishment is administered. This feeling rests upon a strong sense of injustice – a sense that the institution of law did not treat Meursault as it could have, and certainly not as it should. Camus thereby raises genuine issue that philosophers of criminal punishment ought to be concerned with.

Camus articulates an improper and absurd administration of punishment. In so doing he gives an alternate framework with which to appraise prevailing theories of criminal punishment. My primary thesis is that those sympathetic to Camus' existentialist concern should be more inclined toward punishment justified as communicative retribution. The theories of utilitarianism and other variants of retributivism - intrinsic desert, unfair advantage and censure - are either disinterested in the behaviour of Camus' court or implicitly condone it.

Secondarily, and by necessary implication, I advocate the worth of an interdisciplinary approach to the development of jurisprudential thought generally. Building upon the Law and Literature movement, this paper impresses the value in using critical images of the law cast by existentialist literature in order to determine the theoretical framework which best justifies the existence of a legal practise and regulates the adjudicative processes through which it is administered. Further, it examples how this can be achieved.

Download the paper from SSRN at the link.

Prison, Hip Hop, and Islam

SpearIt, Saint Louis University School of Law, has published Spreading the Faith: Music and Culture, in Muslims in U.S. Prisons (Nawal Ammar, ed.; Lynne Rienner Publications) (forthcoming). Here is the abstract.

This chapter argues that prison and hip hop culture are major factors in the popularity and growth of Islam in the United States. The connections among Islam, prisons, and hip hop culture are profound, and all three share a deeply intertwined history; the more one studies Islam in the U.S., the student will be led to the powerful sanctuaries of prisons and hip hop culture, where Islam’s presence is pronounced. This work combines textual analysis of musical cultural productions and scholarly research on prison culture to show hip hop and prison culture as two primary sites of religious conversion. In these cultural spheres, Islam has found a steady stream of new recruits which contribute to Islam as the fastest growing religion in the United States.

The full text is not currently available from SSRN.

New Legal Literary Prize

The University of Alabama School of Law is launching a prize to honor the best book in legal fiction published in the year. It is named after Harper Lee, the author of the iconic To Kill a Mockingbird. The first prize will be given out next year, to the book published in 2010 that "best exemplifies the role of lawyers in society and lawyers' power to effect change."

More here.

"Wired" At Harvard

Two instructors at Harvard are using HBO's "The Wire" as fodder for a course in urban inequality. One of them, William Julius Wilson, wrote the book that serves as inspiration for the show's second season. More here, picked up by the Washington Post.

Julien Mezey Dissertation Awards: Submissions for Nominations Open

Julien Mezey Dissertation Award
NEW SUBMISSION DEADLINE: 1/11/11

The Association for the Study of Law, Culture and the Humanities invites submissions for its 2011 Julien Mezey Dissertation Award. This annual prize is awarded to the dissertation that most promises to enrich and advance interdisciplinary scholarship at the intersection of law, culture and the humanities. The award will be presented at the Association's 2011 annual meeting, which will be hosted by the University of Nevada, Las Vegas on March 11-12.

The Association seeks the submission of outstanding work from a wide variety of perspectives, including but not limited to law and cultural studies, legal hermeneutics and rhetoric, law and literature, law and psychoanalysis, law and visual studies, legal history, legal theory and jurisprudence. Scholars completing humanities-oriented dissertations in SJD and related programs, as well as those earning PhDs, are encouraged to submit their work. Applicants eligible for the 2011 award must have defended their dissertations successfully between September 1, 2009 and August 31, 2010.

The deadline for nominations for the 2011 award is November 1, 2010. On or before that date, each nominee must submit the following:

1) a letter by the nominee detailing the genesis, goal, and contribution of the dissertation;
2) a letter of support from a faculty member familiar with the work;
3) an abstract, outline, and selected chapter of the dissertation;
4) contact information for the nominee.

All materials should be sent to:
Professor Tucker Culbertson, tbculber@law.syr.edu

Award finalists will be notified by December 1, 2010. Finalists must then submit an electronic version of the entire dissertation. The winner will be determined by early February and invited to the 2011 ASLCH annual meeting in Tempe. ASLCH will pay travel and lodging costs.

Questions should be addressed to Professor Tucker Culbertson, tbculber@law.syr.edu

The "Dexter" Defense

Lewis Unglesby, the defense attorney for a seventeen year old Louisiana man accused of murder, says viewings of the Showtime series "Dexter" influenced his client. Police seized DVDs of the show at the defendant's home. Mr. Unglesby entered a "not guilty by reason of insanity" plea for his client in early July. More here from the Baton Rouge Advocate.

The problem? Dexter is a serial killer who eliminates other serial killers. Mr. Unglesby's client is accused of murdering an eight-year-old.

Call For Papers

CALL FOR PAPERS

11th International Roundtable for the Semiotics of Law

‘Intercultural Awareness in Legal Language’

Conference Venue: Public Law Department – School of Law of Fluminense Federal University – UFF (Niterói/Rio de Janeiro – Brazil)

Dates: 11-13 November 2011

Hosted by Evandro Carvalho (Brazil)
Co-organizer: Anne Wagner (France)


The 2011 roundtable will focus on the contribution of legal semiotics to discuss the different ways of thinking the "legal" in a world's cultural diversity.

Aware of the III World Forum of the Alliance of Civilizations, held in Brazil in May 2010, that had the intention to rethink how to deal with tensions between cultures and promote trust and understanding between heterogeneous communities, the 11th Roundtable intend to put together scholars of legal semiotics to discuss the influences of cultural and linguistic diversity on the construction of meaning in national law and international law.

It is hoped that the papers will reflect the interdisciplinary nature of legal semiotics research as well as the challenges of working in the field. In this context, proposals from a wide variety of semiotic perspectives are invited. These might include but are not limited to papers on:

• The contribution of legal semiotics across cultures
• The problem of multilingualism
• Semiotics and comparative law
• Legal semiotics and the processes of normative integration
• Semiotics of international relations
• Semiotics and competition of languages in international relations
• Language, power and diplomacy
• Translating legal concepts across cultures: the case of contract terminology or case of land law terminology.
• The misuse of language in the judicial process, in legal adjudication
• The use of metaphors in legal language

Young researchers working in related areas are particularly encouraged to participate.

In the interest of a cohesive round table, prospective participants are requested to adhere to the theme as outlined in the call for papers.

Proposals in either English, Spanish, French or Portuguese (max 300 words) should be sent only by e-mail by 15 May 2011 to irsl2011@gmail.com, evandro.carvalho@gmail.com and to Anne Wagner (valwagnerfr@yahoo.com).

Selected papers will be published in a special annual issue in English and/or French of the International Journal for the Semiotics of Law (http://www.springer.com). The length of the paper should not normally exceed 7000 words, including references, footnotes, and appendices, if any. Please follow the style sheet for the International Journal for the Semiotics of Law (Visit the website at http://www.springer.com/law/journal/11196)

Contact Anne Wagner, Ph. D., Associate Professor, Université du Littoral Côte d'Opale (France)
Research Professor, China University of Political Science and Law (Beijing - China)
http://fr.linkedin.com/in/annewagner


Editor-in-Chief of the International Journal for the Semiotics of Law - http://www.springer.com/law/journal/11196
Series Editor, Law, Language and Communication - Ashgate Publisher (http://www.ashgate.com/Default.aspx?page=3916)
President of the International Roundtables for the Semiotics of Law - http://www.semioticsoflaw.com/
Editor for SemiotiX New Series - http://semioticon.com/semiotix/
International collaborator, International Commercial Arbitration Practices - http://144.214.44.26/arbitration/arbitration/index.html

Call For Papers

Laurent de Sutter, FWO Senior Researcher, Law, Sciences, Technology & Society,
Faculty of Law, Vrije Universiteit Brussels, has issued a call for papers for a collection that he is editing for Routledge (with the help of law publisher Colin Perrin) concerning “Althusser & Law”. A few years ago, in an essay published in a volume in French called “Politique et philosophie dans l’oeuvre de Louis Althusser”, Etienne Balibar called for a systematic study of the existing relationships between law and Althusser’s life and work. This project is an attempt to answer this call, and to begin a first exploration of this yet totally unexplored topic. He is currently looking for an enlarged set of contributors - although a few major international althusserians have already agreed to contribute : Luke Ferretter, Warren Montag and William S. Lewis to begin with.

If you are interested, he would be delighted to provide you with further details about it.

Contact him at the address below.

Laurent de Sutter
FWO Senior Researcher
Law, Sciences, Technology & Society
Faculty of Law
Vrije Universiteit Brussel
Pleinlaan 2
1050 Brussels
Belgium

ldesutter at hotmail.com

The Semantics of Vattel's International Law

Vincent Chetail, Graduate Institute of International and Development Studies, has published Vattel and the Semantics of International Law: A Critical Reconstruction (Vattel et la Sémantique du Droit des Gens: Une Tentative de Reconstruction Critique) in Vattel's International Law in a XXIst Century Perspective (Vincent Chetail & Peter Haggenmacher, eds., Brill) (forthcoming). Here is the abstract.

The article explores the influence of Vattel on the development of public international law.

Download the chapter from SSRN at the link.

Storytelling in the Law School Curriculum

Carolyn Grose, William Mitchell College of Law, has published Storytelling Across the Curriculum: From Margin to Center, from Clinic to the Classroom in volume 7 of the Journal of the Association of Legal Writing Directors (2010).

Narrative theory and storytelling can be used throughout the law school curriculum, cutting across types of courses and types of lawyering. I teach skills, doctrinal, and clinical courses, and I use narrative theory and storytelling in all three, always with the same goal: to help students recognize that as lawyers, they are not only hearers and tellers of stories, but also, and perhaps most important, constructors of stories.

I use the term “narrative theory” to describe the study of story construction, which is different from - though clearly related to - story telling. Construction is the act of building: putting together the elements that comprise the story and then writing it down. Performance of the story - reading it, telling it, enacting it - comes later.

In this piece, I develop the idea of using storytelling across the curriculum to teach students critical thinking and reflection about their role as lawyers. In Part One, I describe the importance of storytelling and stories in the craft of lawyering. Part Two describes my own teaching in the context of narrative theory and practice, and it analyzes how and why this context achieves the goal of developing students’ critical thinking skills and reflective practice. The piece concludes with the suggestion that narrative theory and storytelling as a pedagogy used systematically across individual courses and the curriculum has the potential to transform a student’s experience of law school, resulting in her development as an empowered, reflective, and socially responsible member of the legal profession, regardless of the kind of law she practices or the kinds of clients she represents.

Download the article from SSRN at the link.

Judges and Storytelling

Kenneth D. Chestek, Indiana University, Indianapolis, has published Judging by the Numbers: An Empirical Study of the Power of Story in volume 7 of the Journal of the Association of Legal Writing Directors (2010). Here is the abstract.

This article focuses on the question of whether appellate judges are actually influenced by the stories of the litigants who appear before them. Part I will describe what I call the “DNA model of persuasion,” setting forth the hypothesis that logical argumentation, while a necessary part of persuasion, is not sufficient by itself and that using the form of a story to weave a pathos-based appeal into a brief will produce a more persuasive document. Part II of this article will describe a study that I devised and implemented to test whether appellate judges find story argumentation persuasive; Part III will present the results of the study. Part IV addresses possible objections to the validity of the test and the sample collected. Part V will begin an analysis of what the data might mean.

Among other things, I conclude that stories are indeed persuasive to appellate judges and others, but also that recent law school graduates are not as impressed by stories as more experienced lawyers (and judges) are. Finally, I suggest that stories are helpful because, properly done, they evoke emotional responses within the reader that make the legal claim seem more “real,” and hence believable, to the reader.

Download the article from SSRN at the link.

Bollywood Film

Michael H. Hoffmeier, University of Mississippi, has published Rule of Law in Bollywood Translations of ‘Devdas’ and ‘Parineeta’ at Florida Entertainment Law Review 81 (2009).

This article discusses transformation of "Devdas" and "Parineeta" narratives in multiple commercial Hindi film adaptations, focusing on changing role of law and lawyers over time.

Download the article from SSRN at the link.

Legal Typography

Derek H. Keirnan-Johnson, University of Colorado Law School, has published Telling Through Type: Typography and Narrative in Legal Briefs, in the Journal of the Association of Legal Writing Directors. Here is the abstract.

Most legal authors today self-publish, using basic word-processing software and letting the software’s default settings determine what their documents will look like when printed. As these settings are not optimized for legal texts, they do so at their peril. The default font Times New Roman, for example, as Chief Judge Frank Easterbrook warns, is "utterly inappropriate for long documents [such as] briefs."

Commentators have started urging a more deliberate approach to legal typography. Their suggestions, however, have been content-neutral, intended for all legal texts and focused on goals such as legibility and readability.

Typography, however, has much greater potential. The shapes, the spacing, of letters and of words can reinforce, compliment, and independently create narrative meaning. Or, intentionally or unintentionally, it can cut against it. It can do its work honestly and ethically, or inappropriately and subversively. This article explores how.

Download the article from SSRN at the link.

Some New Books Of Interest To Law and Humanities Scholars

Laurence Grove, Comics in French: The European Bande Dessinee in Context (Berghan Books).

Marlisa Santos, The Dark Mirror: Psychiatry and "Film Noir" (Lexington Books).

Deborah Elizabeth Whaley, Disciplining Women: Alpha Kappa Alpha, Black Counterpublics, and the Cultural Politics of Black Sororities (State University of New York Press).

Promises, Promises

Wendy Adams, McGill University Faculty of Law, has published ‘I Made a Promise to a Lady’: Critical Legal Pluralism as Improvised Law in Buffy the Vampire Slayer, in volume 6 of Critical Studies in Improvisation (2010). Here is the abstract.

Given traditional understandings of law, one might be skeptical of a claim that improvisation and justice are not mutually-exclusive concepts. Does not the significance of the rule of law, the requirement that we be governed by rules and not arbitrary, ad hoc discretion, call into question the legitimacy of improvisation in law? To this very lawyerly question, I provide a very lawyerly answer: it depends.

Legal orthodoxy may indeed refuse to acknowledge any role for improvisation in law, but other theories of law, particularly a theory of critical legal pluralism, is likely to be more accommodating. Critical legal pluralism rejects the characterization of law as an external force obeyed by legal subjects. Instead, critical legal pluralism recognizes the improvised nature of law; legal subjects are not law-obeying but rather law-creating, generating their own legal subjectivity and establishing legal order in real time as a knowledge process of creating and maintaining reality.

This article analyzes Buffy the Vampire Slayer, a popular television series, to explore the concept of critical legal pluralism as improvised law. Read jurisprudentially, the series provides numerous examples of the improvised nature of law as the social construction of legal meaning. A particularly compelling example is the character of Spike. True to the traditional (pre-Twilight, pre-True Blood) genre, Spike is an evil vampire, a demon without a soul whose capacity and appetite for violence have earned him the title of William the Bloody. Yet viewers readily accept a character arc in which Spike, motivated by chivalry (the genre of knights-in-armour, not vampires) vows to protect a human being even at the expense of his own existence. As a law-creating legal subject, Spike is bound by his commitment to both genre-hybridism and the improvised legal meaning of his circumstances; he has made a promise to a lady, and such promises must be kept, even by soulless vampires.

Download the article from SSRN at the link.

Searching For Charlie Chan

The new book out on Charlie Chan, the fictional detective, is getting good reviews. Author Yunte Huang explores the origins, influence and meaning of Chan in Charlie Chan:
The Untold Story of the Honorable Detective and His Rendezvous with American History (Norton, 2010).

Charlie Chan was the hero of a number of murder mysteries written by Earl Derr Biggers, and brought to the screen during the 1930s by Warner Oland, Sidney Toler, and Roland Winters. Louisiana-born Mantan Moreland also starred in the Chan films as the detective's chauffeur (although Mr. Moreland was a talented actor who made a number of other movies). Charlie Chan even made it into the Saturday morning cartoon line-up.
For more about Chan see the website CharlieChan.net and the Charlie Chan Family Home.

Jill Lepore writes about the inspiration for the character in Chan, the Man: On the Trail of the Honorable Detective here for the New Yorker.

More on Asian image and portrayals on film in Gina Marchetti, Romance and the "yellow peril" : race, sex, and discursive strategies in Hollywood fiction (University of California Press, 1993).

Soap, Soap, Soap, Soap, Soap, Soap, Soap, Soap, Soap....

From the Atlantic Monthly: the lingering effects of the soap opera, even as soap operas bite the dust. All those dasterdly evil twins! All those lawsuits! All those plots to murder someone! All that passion! Where did it go? Reality shows. And movies about soap operas--sorry, daytime dramas. Think Tootsie, and Soapdish.

Reasoning From Literature

Jessica M. Silbey, Suffolk University Law School, has published Introduction to Symposium: Reasoning from Literature, at 22 Yale Journal of Law and the Humanities 339 (2010). Here is the abstract.

The “literary turn” in legal studies manifests in many ways in our legal discipline and practice. Be it with the birth of the study of law and literature in the 1980s, the growing attention to narrative theory and storytelling in the law in the 1990s, or the “cultural turn” in legal studies in the 21st century (as some scholars have called the cultural analysis of law), reasoning from literature seems commonplace. And yet it is still marginalized in legal studies as interdisciplinary, not “really law,” and lacking the core persuasive power that legal argumentation and doctrinal analysis do. This Symposium was put together to wrestle with what it means to “reason from literature” and to contest the boundaries between legal reasoning and literary logic. Jessica Silbey was the Symposium organizer and wrote the introduction to the volume, entitled “Reasoning from Literature.” Other contributors to the volume include Peter Brooks, Laura Heymann, Bernadette Meyler Carol Rose and Kenji Yoshino.

Download the article from SSRN at the link.

Archetypes In Legal Storytelling

Linda Edwards, UNLV School of Law, has published Once Upon a Time in Law: Myth, Metaphor, and Authority as UNLV William S. Boyd School of Law Legal Studies Research Paper No. 10-02. Here is the abstract.

We have long accepted the role of narrative in fact statements and jury arguments, but in the inner sanctum of analyzing legal authority? Surely not. Yet cases, statutes, rules, and doctrines all have stories of their own. When we talk about legal authority, using our best formal logic, we are actually swimming in a sea of narrative, oblivious to the water around us. As the old Buddhist saying goes, "We don’t know who discovered the ocean, but it probably wasn't a fish."

This article teases out several familiar archetypes hidden in discussions of cases and statutes. In the midst of seemingly routine law talk are stories of birth and death, battle and betrayal, tricksters and champions. These stories are simultaneously true and false, world-shaping yet always incomplete. Their unnoticed influence over the law's development can be powerful. But we so seldom question familiar narratives, and these archetypes practically run in our veins. We should learn to recognize and interrogate these stories, attuned to their truths, alert to their limitations, and ready when necessary to seek other more accurate and complete stories for the law.

Download the paper from SSRN at the link.

Leopold and Leob in History and Popular Culture

Edward Larson, Pepperdine University School of Law, has published An American Tragedy: Retelling the Leopold-Loeb Story in Popular Culture, at 50 American Journal of Legal History 119-156 (April 2008/2010). Here is the abstract.

This Article scans the cultural history of an American tragedy: the Leopold and Loeb murder case. In what has widely been referred to as "the crime of the century," teenagers Richard Loeb and Nathan F. Leopold, Jr., under the counsel of the experienced and successful defense attorney Clarence Darrow, pled guilty to the 1924 abduction and murder of Bobby Franks, a child of a wealthy Chicago family. Due to Darrow's advocacy, both defendants were spared the death penalty, and given life sentences instead. Sensational details about the crime, the suspects, and the criminal proceedings were enthusiastically reported by the six daily newspapers published in Chicago during this time.

This Articles focuses on the evolution of several distinct personas of the suspected killers, three of which were created by the print media as they covered the story from confession to sentencing. One of the personas developed by newspaper articles was that of both suspects, but particularly Leopold, as self-conceived Nietzschean supermen, exempt from normal moral, ethical, and legal standards. Later, this persona was more fully developed in popular novels and major motion pictures based on the Leopold and Loeb story. The second persona developed by the print media is that of the precocious teenage thrill-seekers. This persona, which was seen to exemplify the indulged, immoral youth culture of the 1920s that was enjoyed by wealthy young men, was also later developed in artistic interpretations of the story of the crime. The print media also presented a third persona in its stories about the criminal proceedings against Leopold and Loeb. With the assistance of East Coast alienists who adopted a Freudian approach to psychology, as well as two physicians, defense attorney Darrow created and developed this third persona during the hearing - that of deeply disturbed youth who were emotionally unable to control their actions. Darrow used this image of Leopold and Loeb as deeply troubled boys to persuade the judge to not sentence the defendants to death. It has reappeared in later artistic presentations of the episode.

In addition to the three personas developed in the print media, the Article also discusses two other personas that have evolved since the original events took place in 1924. Toward the end of the twentieth century, the sexual aspect of Leopold's and Loeb's relationship was subject to increased scrutiny. With this came the development, through plays, movies and other artistic portrayals of the events leading up to the crime, of a gay persona for both Leopold and Loeb; particularly, a persona of repressed lovers. Finally, Leopold himself, in telling his own story through magazine articles and a popular autobiography, created for himself a new persona: that of a model prisoner who deserved parole.

The highly publicized crime, prosecution, and punishment of Leopold and Loeb have served as a seemingly endless source of material and inspiration for American writers, dramatists, and social commentators. Because of continued interest in these events, they, together with attorney Clarence Darrow, have remained celebrities whose stories have inspired novelists, playwrights, poets, essayist and artists well into the new century. Perhaps more than any other trial in American history, the Leopold and Loeb case has served as an ongoing inspiration for the American imagination.

Download the article from SSRN at the link.

Racial Norms and Legal Classifications

SpearIt, Saint Louis University School of Law, has published Enslaved by Words: Limits and Liminalities of 'Post-Racial' Language. Here is the abstract.

This article examines racial language in the legal institutions of the United States to show how the law is instrumental in establishing linguistic norms about race. By examining federal and state constitutions, Supreme Court opinions, and government surveys like the U.S. Census, the article unveils a hidden transcript embedded in normative language and attempts to describe how legal classifications work to subordinate minority groups. Racial language is legalized and normalized in society by the force of law, which has institutionalized words like “Indian,” “colored,” and other seemingly innocuous terms like “black” and “white.” Yet, despite their politically correct appeal, these terms effectively subordinate groups, create false binaries, and reinforce racial hierarchies like the “one drop rule.” They are words of everyday parlance that exert an invisible, yet powerful, negative force on minorities. In this census year, for example, who is formally “Hispanic,” “Latino,” or “Spanish” can be people whose “origin” derives from Cuba, Puerto Rico, Mexico, Spain and a whole host of other countries, yet determining the principles which guide the U.S. Census in combining these nationalities under a single banner is a more daunting task. Even more challenging is trying to determine how a “Latino” must then pick between “white” and “black” on the census survey to describe “race” since “Latino” is not a race, but “black” and “white” are. The logic of these divisions is puzzling, yet their negative effects are clear; racial language is never “only words,” but instead can become a conceptual building block of slavery, colonialism, and other forms of subjugation. Terms of today’s common speech can embody the very epitome of discrimination - hegemonic words of the slave master that are still alive and captivate minds in the present. To remedy these iniquities, the article concludes by offering a set of ideas to move beyond the trappings of contemporary racial language and closer to
true freedom of speech.

The full text is not available from SSRN.

Shakespeare and Imperfect Justice

Roberta Linciano, University of Salento, has published Musing Upon the Imperfect Justice of Shakespeare's Measure for Measure. Here is the abstract.

Shakespeare’s Measure for Measure can be read as an inquiry into the themes of government and judgement. How do we make people obey the law? By exercising freedom or restraint? Should justice be administered with mercy or with equity? Who is the honest judge? The one who considers every situation impartially or the one who punishes in accordance with the circumstances of the case? Shakespeare shows how all the drama’s principal characters – Duke Vincentio, Angelo and Isabella – deal with such issues by delegating the role of decision-making to a third entity represented by the Deputy, the Rule and the Word, respectively. If, on the one hand, the act of attributing the burden of their personal responsibility to someone else irremediably compromises their proclaimed perfection, on the other, it triggers a process of self/other knowledge which will gradually lead them to recognize and accept the paradoxical nature of human law as well as their flaws.

What I will point out through the analysis of the final trial scene is the Bard’s belief that human justice will always live the irresolvable tension between the respect for general principles and the sensitivity towards the individual’s unique narrative. Vincentio’s unexpected and disappointing verdict is far from being a gratuitous act of forgiveness. It is an attempt to confront the “war ’twixt will and will not” (2.2.33) which is every judge’s and every man’s major challenge.

And You Thought Pop Culture Wasn't Important...

Walter Dellinger on Mad Men (the show, that is).

Richard Nixon, Watergate and Pop Culture

On this day in 1974, Richard M. Nixon became the first U.S. President to resign, unable to overcome the rather deleterious effects of the Watergate coverup (and the vote to impeach him) on his administration. Mr. Nixon and the Watergate period have been immortalized in popular culture in such films and tv mini-series and books as

Frost/Nixon (2008), a film dramatizing the David Frost interviews with Mr. Nixon, directed by Ron Howard, whose own career began during the period during which the politican was Vice-President (and check out a blog post from the Daily Telegrapht about Nixon's representation in movies here)

Nixon (1995), a film directed by Oliver Stone, starring Anthony Hopkins

All the President's Men (1976), based on the Woodward/Bernstein book (1974) in which Nixon barely appears, but which he dominates

Mark Feeney discusses Hollywood's love/hate relationship with Mr. Nixon in Nixon at the Movies (University of Chicago Press, 2004)

David Greenberg analyzes the impact of that five-o-clock beard in Nixon's Shadow: The History of an Image (W. W. Norton, 2004)

Mr. Nixon even turns up in music: think John Adams (great name) Nixon in China (1987), and recorded in 1988.

Perhaps the greatest legacy of Watergate for lawyers and law students? That pesky course in legal ethics and all those tv shows and movies that highlight attorney bad behavior. Every non-lawyer loves trying to identify it and writing about it has become a cottage industry. Here's one example.

A complete Watergate bibliography might be impossible, but here's one from 2000. Here's one on Richard Nixon.

Hanging Around "Hung"

If you've been wondering what the television drama Hung (HBO) is really about, the New York Times' Ginia Bellafante explains it all for you here. Watch it without shame, and deconstruct it seriously.

A Definition of Critical Legal Studies

Pierre Schlag, University of Colorado Law School, has published Critical Legal Studies, in 295 The Oxford International Encyclopedia of Legal History (Stanley N. Katz ed., 2009). Here is the abstract.

This brief encyclopedia entry, written for the Oxford International Encyclopedia of Legal History, discusses the origins and implications of critical legal studies as a political movement and an intellectual tendency. The entry attempts to chart the intellectual forerunners, the intellectual contributions, the politics, and the legacies of critical legal studies. It also describes the attacks on cls and the anti-intellectual consequences of these attacks for the American legal academy.

Download the entry from SSRN at the link.

Interpreting the Effects of Jim Crow

Brando Simeo Starkey, Harvard Law School Research Fellow; Equal Justice Society, has published Jim Crow and the Birth of Uncle Tom: Law’s Impact on Black Culture . Here is the abstract.

Uncle Tom has grown into the most injurious pejorative that blacks can hurl at one another. That it occupies such a 'lofty' status is due to segregation. During Jim Crow, law and legal institutions vehemently reflected America’s racist priorities. All three branches of the federal government subordinated blacks. State and local governments, meanwhile, disfranchised blacks and required their segregation from mainstream life. The biggest reminder to blacks of their second-class citizenship was segregation. In response, many blacks realized the need to unify to repel the onslaught of Jim Crow. Some blacks, however, might either retreat from the daunting struggle or be co-opted by the majority and become double agents hindering the race’s ability to fight American apartheid. To prevent potential turncoats, blacks needed to enforce loyalty. Many sketched the contours of acceptable behavior; that blacks must both resist their subordination and refuse enlisting for the opposition. Deserters would be denounced with the most opprobrious epithet of which blacks could conceive: Uncle Tom. This paper argues that law frequently steers and directs black culture and that it does is best seen through the community’s use of Uncle Tom in the context of segregation.

Download the paper from SSRN at the link.

The Villains of "Law and Order"

Stanley Fish on Law and Order: TOS. (And a law and pop culture doink-doink to everyone.)

Anniversary of the Warsaw Uprising

A friend at the University of Lodz sent this trailer for a digital film which commemorates the 60th Anniversary of the Warsaw Uprising of 1944. The Warsaw Rising Museum (English description here)commemorates the event, which began against the Soviet Army August 1, 1944 and lasted until October 2, 1944. When the Soviets finally entered the city in January 1945, over 85 percent of the city was in ruins. While the number of civilian deaths is unknown, estimates range up to 200,000. August 1 is now a Polish national holiday.

More about the film's premiere here.


Thanks to Dr. Marek Tracz-Tryniecki, University of Lodz, for alerting me to news of the film.

The Law in "Deadwood"

Rebecca Johnson, University of Victoria, Faculty of Law, has published "Living Deadwood: Imagination, Affect, and the Persistence of the Past," in volume 42 of the Suffolk University Law Review (2009). Here is the abstract.

In this article, I take inspiration from Edward Said's comments that we should look to tales about the past for insight into cultural attitudes of the present. Here, I look to the HBO series "Deadwood" to consider what it can tell us about our emotional investments in certain ways of understanding law, order, and the economy.

Download the article from SSRN at the link.