Law & Humanities Blog


This Year's List of Ig-Nobel Prize Winners

Posted: 30 Sep 2011 09:47 AM PDT

Coverage here from the Chronicle of Higher Education. More here at the Improbable Research website. Nobel Prize winners hand out the Ig-Nobel prizes. Some are winners in both categories, like physicist Andre Geim (Nobel Prize winner in 2010, Ig-Nobel Prize winner in 2000).
I wonder which one he treasures more.

Philosopher Kings and Melville's Captain Vere

Posted: 30 Sep 2011 09:38 AM PDT

Rob Atkinson Jr., Florida State University College of Law, has published Averting the Captain Vere 'Veer': Billy Budd as Melville's Republican Response to Plato, as FSU College of Law Public Law Research Paper No. 539. Here is the abstract.


This article shows how Melville's Billy Budd, rightly one of law and literature's most widely studied canonical texts, answers Plato's challenge in Book X of the Republic: Show how "poets" create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic's philosopher-king, even as his story is precisely the sort of "poetry" that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law's agents must be wise, even as their law must be philosophical, if they are to do justice. Paradoxically, the novella also shows how "poetry" can save law's agents, particularly the more Platonic, from Captain Vere's "veer," a dangerous turn  from fully legal justice to false and fatal severity. 



Captain Vere has a "tragic flaw" all too common among leaders otherwise completely conscientious and competent: When faced with a range of courses - all legal, moral, and practicable - Vere invariably charts the most personally painful. Part of his "no pain, no gain" course steers him into fastidious studies that exclude both "mere" fiction and "pure" theory, ironically banishing Plato himself along with his "poets." But Vere's own story, with its narrator's frequent theoretical interruptions and occasional allusions to Plato, demonstrates that the reading of just such stories may deliver leaders like him from over-harsh treatment of themselves and their most vulnerable charges. The novella, then, not only reveals Captain Vere's "veer"; it also shows a way to avert that ever dangerous, often fatal tack. If the studious captain had been prepared to study stories like his own, his readings might have made him a vastly better guardian of his symbolic flock, particularly of Billy Budd, his most innocent sheep; had "Starry" Vere been more a philosopher-king and less a surrogate father-god, he need never have made his excruciating mistake, sacrificing his most beloved foster son to save their microcosmic world.
Download the paper from SSRN at the link.
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Free Speech and the Fight Against Terrorism

Posted: 28 Sep 2011 03:56 PM PDT

Owen Fiss, Yale University Law School, has published The World We Live In, at 83 Temple Law Review 295-308 (Winter 2011).
This Essay focuses on a threat to our constitutional order — the curtailment of freedom of speech in the name of fighting terrorism. Specifically, my subject is the Supreme Court's decision last June in Holder v. Humanitarian Law Project, which upheld the authority of Congress to criminalize political advocacy on behalf of foreign terrorist organizations. Like warrantless wiretapping, the risk of a criminal prosecution for political advocacy — for example, an utterance by an American citizen in an American forum that a foreign terrorist organization has a just cause — poses a threat to our democracy, but the danger is greater.
The risk of warrantless wiretapping inhibits speech; the risk of a criminal prosecution stops it altogether.
Download the article from SSRN at the link.

The Nature of Law

Posted: 28 Sep 2011 03:58 PM PDT

Frederick Schauer, University of Virginia School of Law, has published  On Open Texture of Law as Virginia Public Law and Legal Theory Research Paper No. 2011-35. Here is the abstract.
   
This paper, prepared for the University of Frankfurt Symposium on Defeasibility in Epistemology, Ethics, law and Logic, addresses the claim of H.L.A. Hart and others that law is open-textured. It is in the nature of law, they say, that it necessarily possesses an open texture going beyond the open texture of the language in which legal rules are written. But when we examine the question of open texture in light of Hart's claim that the open texture of law entails the necessary defeasibility of legal rules, we discover that Hart and his followers are mistaken. Both the alleged open texture of law qua law (as opposed to the open texture occasioned by the open texture of the language used by law) and the defeasibility of legal rules are contingent features of certain legal rules in certain legal regimes, but neither are necessary components of the nature of law or the nature of rules.
 Download the paper from SSRN at the link.
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Medical Humanities Blog


Call for Proposals: Society for Disability Studies

Posted: 28 Sep 2011 12:26 PM PDT

Call for Proposals

Society for Disability Studies

25th Annual Conference

Denver, Colorado

June 20-23, 2012

 

Collaborations, Cultures, and Communities

Submission system will open November 1, 2011 at http://www.disstudies.org Deadline for submissions: December 1, 2011

The terms 'collaborations,' 'cultures,' and 'communities' express many meanings on many different levels, ranging from the most intimate personal and familial relations to the broadest global and virtual arrangements.  With this year's theme, we seek to challenge potential presenters to explore the rich and varied ways in which people with disabilities are shaped by and in turn form their own collaborations, communities, and cultures.  At the same time, we must also be mindful of the ways in which the larger, nondisabled population has -- through common, dominant cultures and collaborations of power -- worked both to exclude and to include disabled people in community and cultural formation and development. In addition, we hope presenters will explore the ways in which disabled people themselves have sometimes restricted access to their own communities and cultures and worked to form limited collaborations with one another. We believe that this is a time for members of SDS to consider the many ways in which we might strengthen our communities and express our dynamic cultures by recognizing not only our many commonalities, but also our tremendous and incredibly valuable diversity. Our hope is that this year's theme will encourage members to foster spaces that value diverse expressions and analyses of class, race, gender, sexuality, sub-culture and national status within SDS and the broader communities of people with disabilities.

We offer the following broad questions to foster interdisciplinary perspectives and encourage interdisciplinary collaboration:

 * What are the many ways in which disabled people have conceptualized and enacted culture, community, and collaboration? What barriers have people with disabilities faced? How have these things changed over time?

* How have various technologies--and access to them--shaped the formation of collaborations, cultures, and communities?

* In what ways are community formation, cultural production, and collaboration bounded or shaped by geographic location, institutional formation, identity politics, and other factors?

* How have coalitional politics shaped momentum?or barriers?in disability activism?

* How does enduring poverty, racism, sexism, and the persistence of the medical model shape / limit access to opportunities for community formation, cultural production, and collaboration? How do these factors also open possibilities? How have these factors enhanced disability rights?

* How have the various disciplines within disability studies explored and analyzed community, culture, and collaboration? What are the strengths and weaknesses of these approaches?

* How have/might the various disciplines and fields within disability studies work across disciplinary boundaries to enhance the products we create?

* How have/might scholars, activists, artists, service providers, and others collaborate for the benefit of disability studies and the larger society? What factors inhibit such collaborations?

* How have/might disability studies reach out to local and national organizations and institutions to influence families, religious communities, service providers, political institutions, employers, etc.

* How does a focus on collaboration, community and culture influence research methods, theory, and the underpinnings of disability scholarship and practice?

 

We welcome proposals in all areas of disability studies, especially those submissions premised on this year's theme.

 This year's program committee is introducing the idea of specific 'strands' that relate to the larger more general theme of the SDS conference. Each strand may have 3 or 4 related events (e.g. panels, workshops), organized to occur throughout the conference and in a way that will eliminate any overlap of sessions in an effort to facilitate a more sustained discussion of specific issues that have arisen as areas of interest within the organization.

Our planned strands this year are as follows. Others may emerge from member proposals:

- Denver / local movement history: Denver has a rich history of disability activism that offers tremendous opportunity for exploration. Denver will be hosting a disability arts festival to coincide with the Society for Disability Studies meetings.

- Religion / religious communities and disability studies: Members have identified these areas as fertile and provocative sites of challenges and possibilities that shape collaboration, culture, and community for people with disabilities.

- Power and privilege: Ongoing discussions among SDS board members, members of SDS caucuses, and others led to this strand, intended to look both at the workings of power and privilege broadly and in SDS itself.

- Professional development: This strand addresses a need identified by many of our members for professional development, including matters such as locating funding, pursuing academic and non-academic jobs, surviving the tenure track, etc?

If you would like your proposal to be considered as part of these thematic strands, mark this in your submission.

SESSION FORMATS:

All submissions in formats A to F below are peer reviewed.

All session formats are 90 minutes in length, including all introductions, presentations, discussion, and closure.

Proposals may be submitted for presentations in any of the following formats:

A. Individual Presentation: Individual presentations will be placed alongside three other panelists with a similar topic and a moderator chosen by the Program Committee. In general, we assume 15-20-minute presentations (if you are requesting a longer time, please specify and explain why). Presenters are required to submit 300-word abstracts for individual papers/presentations. List all co-authors, if any, and designate the presenting author(s).

B. Poster: Individuals or small teams will be provided a common space and time with an easel (and/or table if requested) to present a display of a research, training, service, or advocacy project, or other work. Presenters should be in attendance at the poster session. 

Submissions for the poster session requires a 300-word abstract, complete contact information for anyone involved in the project who will attend SDS, and a designated lead contact person. We encourage people to submit proposals specifically for the poster session. Each year, SDS proudly awards the Tanis Doe Award for the best poster. 

Additionally, this year, we will award 'Honorable Mentions' for posters with student first-authors at each level of education:  K-12, community college, four-year college/university, and graduate school as a way of encouraging student participation in the poster session.

C. Panels: Groups of 3-4 presenters (each with 15-20 minutes), a designated organizer / contact person and moderator (need not be the same person), plus an optional discussant, are encouraged to submit proposals around a central topic, theme, or approach. Panel proposals require BOTH a 300-word proposal describing the panel AND a 300-word abstract for each paper/presentation. List all paper/presentation co-authors, identify the presenting author(s), and provide biographical information for the discussant, if one is planned.

D. Discussion: A topical discussion with a designated organizer / contact person and moderator (need not be the same person), but no formal presentations. Submit a 500-word proposal, including a description of how the time will be used, complete contact information for the designated organizer and each participant in the discussion, and a description of their roles.

E. Workshop: Engaged application of a specific program or exercise involving a minimum of 4 planners / presenters. Proposals should include a 500-word proposal that addresses methodology and learning outcomes. Please describe the background and role of each workshop participant, designate a contact person/moderator, and provide complete contact information for each planner / presenter.

F. Performance, Film, or Art Event: We encourage submissions of an artistic performance by individuals and/or groups.

Submissions must include a 500-word proposal, and sample of the proposed performance (up to 2,500 words of text, ten images of artistic work, demo CD, YouTube or other Internet link, DVD, or other appropriate format). 

Send via email at SDS2012@disstudies.org or postal mail to the SDS Executive Office at 107 Commerce Centre Drive, Suite 204, Huntersville NC 28078 USA. Samples must reach the SDS Executive Office by the submission deadline. Please describe the background and role of each artist/participant and designate a contact person / moderator. 

Performers should be aware that SDS does not have the ability to provide theatrical and or stage settings in the 2012 venue.  While every effort will be made to provide appropriate performance spaces, proposing performers are advised that special lighting, audiovisual equipment, and staging requests cannot be accommodated. All film entries accepted for presentation at the 2012 Conference must be provided to the SDS Executive Office on DVD not less than 30 days prior to the start of the Conference in open-captioned format, and the presenter should be prepared to provide audio description as needed. 

As SDS cannot pay distribution rights for film screenings, the provider of the film is fully responsible for securing any necessary permissions from trade and copyright holders for public showing. 

Sponsors of accepted films must register for and attend the conference, host the screening, and bring documentation of rights clearance to the Conference and have it available during the time of film showing. SDS may request the right to schedule more than one screening at the conference. SDS program committee may request more samples and cannot return materials that are submitted for consideration.

G. Student interest group/Caucus/Other (non peer-reviewed): Various ad hoc and organized SDS or other non-profit groups may wish to have business, organizational, or informational meetings or some other kind of non-peer reviewed event or exhibit space at the meetings. Anyone hoping to host any such event should request space by December 1, 2011 by using the proposal submission form. After December 1st, space will be allocated on a first-come, first-serve basis. No meetings can be planned through SDS after the early-bird deadline of April 15, 2012. 

All presenters at such events must register for the conference. 

Requests from groups not affiliated with SDS may be assessed a share of cost for space and access arrangements. Please provide the name of group, a description of the group and/or meeting purpose and format (in 300 words), and contact information for at least one organizer and a designated moderator.

- A Special Note on Films / Film Shorts: Films and film clips may be submitted as part of any of the format categories described above. 

Follow the appropriate instructions above. Participants proposing films within any of the proposal formats must be registered for and attend the conference. Ideally, film length should not exceed 60 minutes under any category, to allow time for introduction and / or comments. All film entries must be captioned and the presenter should be prepared to provide audio description as needed. SDS cannot pay distribution rights for film screenings.

TERMS OF PARTICIPATION:

- All participants must register for the conference by the early bird deadline: April 15, 2011, or they will be removed from the program. 

Please note: low income/student/international member presenters are eligible for modest financial aid for meeting costs. Applications for financial assistance will be available via the SDS listserv in the coming months.

- Participants MAY NOT appear in more than TWO peer-reviewed conference events (excluding evening performances, book reception, non-presenting organizer, non-presenting panel moderator, New Book Reception). Individuals with multiple submissions will be asked to rank order their preferences for participation. The program committee will prioritize spreading program slots across the membership before offering multiple slots to any one participant.

- Any participant with a book or other materials (e.g., DVD, CD) published within the last three years (2010, 2011, 2012) is welcome to participate in the New Book Reception. Authors will be provided a table for display and the opportunity to interact with conference participants. The fee for representation in the New Book Reception is $40.00. You may register and pay for your participation as a part of your overall Conference registration, not through this proposal portal.

- Any participant is welcome to request meeting space on behalf of a group. Requests for meeting space should be made by the December 1st submission date. Requests will be accommodated thereafter on a first-come, first-served basis and must be received by the SDS Executive Office in writing to SDS2012@disstudies.org no later than May 1, 2012.

- Please indicate on the submission form whether you are willing to serve as moderator for a session.

- If you intend to participate in multiple events, please complete the submission process for each event.

- Participants will be notified of the status of their proposal by March 1, 2012.

- Any cancellations and requests for refunds after April 15, 2012 (the early bird deadline) may incur a cancellation fee. Any participant unable to attend must notify SDS in a timely fashion.

- Accessibility: In keeping with the philosophy of SDS we ask that presenters attend carefully to the accessibility of their presentations. As a prospective presenter, you agree to:

o Provide hard copy and large print hard copies (17 point font or larger) of all handouts used during the presentation.

o Provide an e-text version of papers and / or presentation materials such as PowerPoint slides and a summary of one's presentation with a list of proper names, terminology and jargon in advance of their delivery (for open captioning, distribution to attendees with print disabilities, and to assist ASL interpreters with preparation). SDS will also use this material to create an on-line forum of all work submitted by June 10th in the hopes of facilitating a more inclusive and richer discussion on-site. After June 17, 2012 work cannot be added to the forum. Participation in this forum is optional, but strongly encouraged. This forum will be password-protected and available only to those participants who have registered for the conference.

o Make allowances for a 'Plan B': consider bringing your presentation on a jump drive and projecting the text of your paper to enhance captioning.

o Provide audio-description of visual images, charts and video/DVDs, and/or open or closed captioning of films and video clips.

o Contribute to improving intellectual access at the conference: 

consider your presentation as an opportunity to engage your audience.

- Avoid reading your paper.

- Plan your presentation to accommodate captioning and ASL interpretation. Avoid using jargon, and slow the pace of your presentation to allow time for eye contact and spelling proper names and terminology.

AUDIO / VISUAL INFORMATION:

Presentation rooms* for the SDS 2012 Conference will be equipped with:

- 2 (two) microphones for use by presenters; 1 (one) LCD projector, screen, power source, and cables; Head table suitable to comfortably accommodate 4 (four) people; Both table top and podium presentation spaces;  and Non-dedicated, WIFI Internet access (i.e. not functional for audio/video download reliably) SDS does not provide computers, overhead projectors, or other audio/visual equipment as a matter of course.  Presenters are responsible for ensuring that presentation structure and planning works well within these audio/visual parameters.

*This information is not applicable to film showings.

AWARDS:

The Tanis Doe Award for best poster will be judged and awarded at the poster session of the SDS conference.  The Tanis Doe Award includes a cash award, a certificate of recognition, and the posting of authors names on the SDS website.  The Tanis Doe Award is open to everyone at all levels of education and experience.  Additionally, this year, we will award 'Honorable Mentions' for posters with student first-authors at each level of education:  K-12, community college, four-year college/university, and graduate school as a way of encouraging student participation in the poster session.

SDS also honors the recipients of the Senior Scholar Award and the Irving K. Zola Award for emerging scholars at the annual conference. 

Please see the Call for Nominations via the SDS listserv and website. 

Decisions regarding these awards are made prior to the conference. 

Award winners will be invited to present during the program and receive recognition at the SDS business meeting. The Zola Award also includes publication in a future issue of Disability Studies Quarterly. Other awards may also be presented at the SDS business meeting.

SUBMISSION AGREEMENT:

PLEASE READ CAREFULLY.  YOU ARE AGREEING TO ALL OF THESE CLAUSES.

By submitting to SDS 2012 in Denver, you give SDS full permission to publish your abstracts, photograph you, publish such photographs on the SDS web site or other publications, audio or video record your presentation, transcribe the presentation for access needs, and transmit or post and archive such recordings and transcriptions via live-streaming, podcast form, or any other electronic means. If submitting on behalf of multiple presenters and authors, you certify that each presenter and author has granted his/her permission to Society for Disability Studies for purposes described in this paragraph. By giving this permission, you understand that you retain full rights to your work but give SDS the right to use your presentation in the context of the 2012 conference, including (but not limited to) charging attendees and others for access to derivative audio or video products, recordings or podcasts.

For further information contact Michael Rembis and/or Allison Carey, co-chairs of the SDS 2012 program committee at marembis@buffalo.edu and accare@ship.edu.

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Law and Narrative

Posted: 23 Sep 2011 11:57 AM PDT

Lea B.
Vaughn, University of Washington School of Law, is publishing Feeling at Home: Law, Cognitive Science, and Narrative in the McGeorge Law Review. Here is the abstract.

What is the "how and why" of law's affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address "how" narrative helps us learn and use the law as well as "why" we are so compelled to use stories in teaching and in practice. 

Brain science, simplified here, suggests that the first task is to "grab" someone's attention. Emotionally charged events are more likely to capture our attention and to be remembered. Because of their emotional content, stories and narrative (which will be used interchangeably here) seize the attention of listeners and readers, students and jurors. In turn, this emotional fixation focuses attention on context and meaning. Studies suggest that this context is the platform that allows later and successive integration of details. Thus, stories "work" because they focus attention and provide a context for learning the "details," i.e., the law. Moreover, the same principles that apply to the success of using stories in the classroom also bear fruit in practice. Our culture, and perhaps our genetic make-up, compel us to use stories as a way to both comprehend and transmit the law.

Download the article from SSRN at the link. Read More... Law & Humanities Blog

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Lord Cornbury's Strange Practice

Posted: 22 Sep 2011 10:04 AM PDT

Wolfgang Nebodity, University of Vienna, has published Lord Cornbury and the Arcana Practice. Here is the abstract.

In 1702 Queen Anne, the second daughter born to James II and his first wife, Anne Hyde, appointed her cousin, Lord Cornbury, governor of the Province of New York. He turned out as one of colonial New York's unique and controversial figures. This was mainly due to the fact that he kept the "arcana imperii" of his queen. He claimed that "he represented a woman and ought in all respects to represent her as faithfully as he could." Thus he acquired the rituals and rhetoric of queenship. His power depended on the role of the female monarch, both as a symbol of harmony and dynastic stability and as a potential focus for political factionalism, disunity and discontent.
Download the paper from SSRN at the link. 
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Call For Papers

Posted: 20 Sep 2011 04:01 PM PDT


From Tucker Culbertson, Syracuse University College of Law

Call for Papers for a Special Issue of the Journal of Homosexuality (http://www.tandf.co.uk/journals/WJHM ): "Trans Sexualities"
The Journal of Homosexuality ( http://www.tandf.co.uk/journals/wjhm ) invites the submission of extended abstracts for a special issue expected to publish in Fall 2012.


In this volume, we seek to not only conceptually disentangle gender and sexual identities, but to reveal the myriad ways in which their intersections can be both illuminating and perplexing. To date, in academic scholarship on LGBTQ sexualities, "transgender" too often remains present in acronym only, with very real consequences for inclusion and exclusion both in terms of transgender and transsexual personhood as well as to moving studies of gender and sexual identities, and sexual practices (including sexual labor) forward. In this special issue, we seek proposals for papers that focus critically on sexual identities and practices among transgender and transsexual individuals and their partners to begin to fill the existing lacuna in scholarship and theorizing around transgender and transsexual sexualities. To this end, we seek papers that address (but are not limited to) the following issues and topics:



Trans identities complicating binary notions of "gay," "lesbian," and "bisexual" sexualities (e.g., the experiences of gay trans men and lesbian trans women, making meaning of the term and concept of "hetero/homo/bi/sexuality" in the context of trans identity, how trans sexualities contribute to the "queering" of sexualities in general)



"Doing" masculinity, femininity, and androgyny as a trans person in the context of sexual identity and how sexual identities of trans people and their partners are often (mis)"read" and (mis)understood



Fluidity (or not) of sexual identities and/or practices in the lives of those who are trans and/or their sexual partners

·        

The role of language in shaping sexual identities and/or practices among trans people and/or their sexual partners

·        

Trans persons' engagement with sex work and sexualized labor ·



International representations, understandings, and depictions of trans sexualities



Fetishization and commodification of trans sexualities—including the phenomenon, impacts, and effects of trans (in/hyper)visibility in the media (e.g., trans sexual voyeurism)



Intersections between trans bodies and trans sexualities ·



Trans sex, sexualities, and partnerships (and the challenges of conducting ethical scholarship around these issues considering the history of exploitive representations of transgender and transsexual lives) ·

Inclusion and exclusion of trans people within sexual rights movements and potentials for coalition building across social movements focusing on sexualities

Sexual safety and wellbeing of trans persons (and consideration of safer sex practices, sexual marginalization, sexual harassment, sexual assault, access to healthcare)


"Counting" trans people (to ensure that trans people count)—demographic studies of trans sexualities

Reviews of institutions, services, and programs that provide services and programs that include (or don't) focus on trans sexualities

Methods for studying trans sexual identities, sexual practices, and sexual partnerships (and, further, identity and standpoint of the "researcher" and "researched"—how identity matters, considerations of cissexual and cisgender privilege)

We currently seek 1,200-1,500 word extended abstracts for proposed papers that provide a title, brief summary of your central arguments and evidence used to support these arguments, methods to investigate the topic under study (if applicable), and how your proposed paper contributes to, challenges, and/or extends existing scholarship on trans sexualities. Please be clear about the current status of the proposed paper in terms of whether it is at an incipient or advanced stage and provide a brief statement on how you intend to complete the final paper by March 2012.
We seek proposals for both theoretical and empirical papers.


International work and work by trans scholars is particularly encouraged.

All abstracts and papers will undergo blinded peer review by a Special Editorial Board of interdisciplinary trans and non-trans scholars conversant with ethical scholarship on trans issues. To facilitate blind review, please prepare a cover page with your name, contact information, and proposal title, but do not include your name or other identifying information on subsequent pages—do include your proposal title at the top of each page. Send inquiries and extended abstracts to the Guest Editor of this Special Issue, Carla A. Pfeffer, at cpfeffer@purdue.edu by November 1, 2011. Final manuscripts should be approximately 7,500 words (about 25 pages) and will be due in March 2012.

 






Guest Editor: Carla A. Pfeffer (Sociology), Department of Social Sciences, Purdue University - North Central

Special Editorial Board:

Walter O. Bockting (Psychology) Department of Family Medicine and Community Health, University of Minnesota Medical School

Nicola R. Brown (Psychology) Centre for Addiction and Mental Health, Toronto, Canada

Aaron H. Devor (Sociology) Department of Sociology, University of Victoria, Canada
Marcia Ochoa (Cultural and Social Anthropology) Feminist Studies, University of California - Santa Cruz
Tam Sanger (Sociology and Gender Studies) Childhood and Youth Research Institute, Anglia Ruskin University, United Kingdom

Julia Serano (Biology) Molecular and Cell Biology, University of California - Berkeley

Susan Stryker (United States History) Department of Gender and Women's Studies, Arizona State University

Salvador Vidal-Ortiz (Sociology) Department of Sociology, American University


It's Always Something: Love and Litigation At the Opera House

Posted: 20 Sep 2011 10:32 AM PDT

Sarah Lynnda Swan, Columbia University Law School, has published A New Tortious Interference with Contractual Relations: Gender and Erotic Triangles in Lumley v. Gye, in volume 35 of the Harvard Journal of Law and Gender (2012). Here is the abstract.

The tort of interference with contractual relations has many puzzling features that conflict with fundamental principles of contract and tort law. This Article considers how gender influenced the structure of the tort and gave rise to many of these anomalies. Lumley v. Gye, the English case that first established interference with contractual relations, arose from a specifically gendered dispute: two men fighting over a woman. This type of male—male—female configuration creates an erotic triangle, a common archetype in Western culture. The causes of action that served as the legal precedents for interference with contractual relations – enticement, seduction, and criminal conversation – are previous instances where the law regulated gendered triangular conflicts. Enticement prohibited a rival male from taking another man's servant, seduction prohibited a rival male from taking another man's daughter, and criminal conversation prohibited a rival male from taking another man's wife. 

In Lumley v. Gye, the court expanded these precedents and created a cause of action that allowed Lumley to bring an action against his male rival for essentially "taking" his contracted female employee. The gendered basis for the tort explains its most problematic aspects, including why it imposes obligations on non-contractual parties, ignores the role of the breaching promisor in causing the wrong, and treats her as the property of the original promisee. In order to remedy these problematic features, the tort should be restructured as one of mixed joint liability. Further, damages should be limited to those available in contract.
Download the article from SSRN at the link. 

A New Law and Culture (and Other) Blog

Posted: 20 Sep 2011 08:40 AM PDT

Pierre Schlag and Sarah Krakoff of the University of Colorado School of Law have started the blog brazenandtenured--law politics nature and culture. Among the posts: The Monty Python Example No. 1 and Kandinsky or Hart? Aesthetics No. 1.  This blog, as Hercule Poirot would say about other matters, gives me furiously to think.
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Call for Papers: Bioethics in the field: The Social (Re)production of Bioethics in Diverse Cultural Contexts (Social Science & Medicine)

Posted: 20 Sep 2011 06:21 AM PDT

Guest Editors Patricia Kingori, Kristina Orfali and Raymond de Vries

Social Science & Medicine is seeking papers for a Special Issue that explores how the practical work of bioethics is undertaken in different cultural spaces.

Social science research on the globalization of biomedicine has described processes of adaption, appropriation and 'localisation', showing how biomedicine travels, survives, adapts, and is adopted in cross-cultural contexts; even among those whose cultural values which are opposed to the ideas associated with these new technologies.

These accounts demonstrate that recipients of biomedicine are not passive actors, merely involved in its reproduction, but are active agents involved in producing locally appropriate variations.

Bioethics, the provider of the universal rules by which 'ethical' medical research should proceed, has also been adapted to different cultural and social contexts.  Feminist critiques of bioethics, for example, show how nurses have adapted seemingly rigid bioethical principles to fit in the context of caring relationships.  Other researchers suggest that bioethics can accommodate both communitarian and individualistic orientations and that it is aligned with different religious, social, legal, and ideological perspectives.  These examples illustrate the malleability of bioethics and the actors involved in its production. They also redirect attention to the practices and instruments that allow bioethics to "work" in different social and cultural contexts, offering new insights into the multiple meanings of ethical practice.

In keeping with the international scope of Social Science & Medicine we are assembling a collection of papers that analyze bioethical practice in a number of different countries and in the wider international context. We are looking for empirical and theoretical contributions which make a novel contribution, to advance discussions of the practice of bioethics around the globe. In particular, this Special Issue will broaden the scope of existing approaches to bioethics by examining bioethical work at the following levels: 

Micro – the everyday, "on the ground", practice of bioethics.

Meso – institutional policies and practices that influence the way bioethics gets done.

Macro – the creation and implementation of national and international bioethics policies.

The Guest Editors of this Special Issue are Patricia Kingori (London School of Hygiene & Tropical Medicine), Kristina Orfali (Columbia University) and Raymond de Vries (University of Michigan).  Please contact patricia.kingori@lshtm.ac.uk for any queries regarding the Special Issue. The deadline for submissions is 31st January 2012. Authors should submit online at http://ees.elsevier.com/ssm/. When asked to choose article type, authors should stipulate 'Special Issue: Bioethics', and in the 'Enter Comments' box the title of the Special Issue should be inserted, plus any further acknowledgements.  All submissions should meet Social Science & Medicine author guidelines (also available at http://ees.elsevier.com/ssm/).

(h/t H-MEDANTHRO)

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Bob Dylan, Jurisprude

Posted: 19 Sep 2011 02:42 PM PDT

Michael L. Perlin, New York Law School, has published Tangled Up in Law: The Jurisprudence of Bob Dylan. Here is the abstract.

As a careful examination of Bob Dylan's lyrics reveals a writer - a scholar - with a well-developed jurisprudence, ranging over a broad array of topics that relate to civil and criminal law, public and private law. His lyrics reflect the work of a thinker who takes "the law" seriously in multiple iterations - the role of lawyers, the role of judges, the disparities between the ways the law treats the rich and the poor, the inequality of the criminal and civil justice systems, the corruption of government, the police, and the judiciary, and more. In this paper, I seek to create a topography of Dylan-as-jurisprudential scholar, and will seek to do this by looking at selected Dylan songs in these discrete areas of law (and law-and-society):
• Civil rights
• Inequality of the criminal justice system
• Institutions
• Governmental/judicial corruption
• Equality and emancipation (political and economic) 
• Poverty, the environment, and Inequality of the civil justice system, and
• The role of lawyers and the legal process.
Download the paper from SSRN at the link.

The Institute for the Public Life of Arts and Ideas Hosts a Conference On the Art and Politics of Irony

Posted: 19 Sep 2011 12:10 PM PDT


The Art and Politics of Irony  |  L'art et la politique de l'ironie

12-14 April 2012 ~ Montréal, QC

An interdisciplinary conference hosted by the Institute for the Public Life of Arts and Ideas, McGill University, in collaboration with Improvisation, Community and Social Practice (SSHRC-MCRI) and the Département d'études anglaises, Université de Montréal


"The ironist does not have the new within his power . . . he destroys the given actuality by the given actuality itself." Søren Kierkegaard

Irony makes the world new by putting the world that exists in question. Its strength lies in its destabilizing power—it is the politics of art, the art of politics, and the language of dissent. By enabling critical representations of the world as it is known, but from within and against the familiarity of our own expectations, irony gives art and discourse special kinds of access to the public sphere, especially by mining beneath the given, the actual, and the known.

In politics, philosophy, art and literature, across post-modernism, post-colonialism, and globalization, the question of irony is of expanding relevance to a range of fields of cultural formation and inquiry. Yet it remains insufficiently noticed, understood, or theorized; ironically powerful and silent at once.  What is the meaning of irony? What does it accomplish and exactly how and with what effects?  Is irony impoverished or indispensable, disenchanted or enchanting, world-breaking or world-making?

Conference organizers invite proposals for papers addressing the public and public-making function of irony across time and through a range of contexts and media. Disciplines may include but are not limited to:

Architecture and Design
Art History
Classics
Film
Fine Arts
Gender and Sexuality
History
Law
Literature
Media and Communications
Musicology and Music Performance
Philosophy
Politics
Theatre and Performance

Proposals for complete panels as well as for individual papers in English or French are welcome. Researchers are invited to submit paper abstracts of 250 words and brief (2 page) cvs to: irony@mcgill.ca.
Deadline for submissions: 30 September 2011




Princeton University, Program in Law and Public Affairs/Fellowships and Positions Available

Posted: 19 Sep 2011 10:42 AM PDT

From Susan Sage Heinzelman, University of Texas, Austin:
Princeton University's Program in Law and Public Affairs (LAPA) invites
outstanding faculty, independent scholars, lawyers, and judges to apply
for appointments as resident Fellows for the academic year 2012-2013. We
anticipate naming up to five Fellows who are engaged in substantial
research on topics broadly related to law and public affairs or law and
normative inquiry, including one Microsoft/LAPA Fellow specializing in
intellectual property or the legal regulation of the economy. Successful
candidates will devote an academic year in residence at Princeton to
research, discussion, and scholarly collaboration. Applicants must have
a doctorate, JD or an equivalent professional postgraduate degree.
Further information can be found at
*http://lapa.princeton.edu/fellowships.php*.

**

*APPLICATION DEADLINE IS 5:00 PM (EST) MONDAY, NOVEMBER 7, 2011.*

Princeton University is an equal opportunity employer and complies with
applicable EEO and affirmative action regulations.

Law and Society Fellowship Available at University of Wisconsin

Posted: 19 Sep 2011 07:35 AM PDT

From Susan Sage Heinzelman at the University of Texas, Austin:


Law and Society Post-Doctoral Fellowship at Wisconsin (one year term)


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 2012-13 academic year, apply by 1/9/12.  


Complete information can be found at: http://law.wisc.edu/ils/lawandsocietyfellowship.html
  



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