Law & Humanities Blog


Grand Juries and "The Good Wife"

Posted: 31 Jan 2012 10:03 AM PST

Findlaw's Stephanie Rabiner examines the legal accuracy of this week's Good Wife episode here.
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Medical Humanities


Sublime Body seeks performers

Posted: 30 Jan 2012 07:43 AM PST



A newly formed Arts Organisation called Parlour Arts is looking for artists and performers for their upcoming exhibition, "The Sublime Body". The exhibition will take place in the Parlour Space in Kentish Town 27th February- 4th March. They have already begun taking submissions of visual artworks, but are now looking for performers to perform on the closing night of the exhibition. The performance can take any form from spoken word to dance to music to film or short plays. This is a great opportunity for new artists and performers to show off their work and one not to be missed. For more information and to register interest, please contact Fiona Bradley, Parlour Arts
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Law & Humanities Blog


Rex Stout's "Justice Ends at Home"

Posted: 30 Jan 2012 03:26 PM PST

Ross E. Davies, George Masson University School of Law; The Green Bag, has published Leg, Culp, and the Evil Judge at 2012 Green Bag Almanac and Reader 321. Here is the abstract.

Nobody could have known it at the time, but when Rex Stout's novella Justice Ends at Home was published in 1915, it foreshadowed not only the rise of two enduringly popular fictional heroes (Nero Wolfe and Archie Goodwin), but also the fall of one enduringly objectionable actual villain (Judge Martin T. Manton of the United States Court of Appeals for the Second Circuit). Leading scholars of the work of Rex Stout agree that the two main heroic characters in Justice Ends at Home — the flabby, phlegmatic, middle-aged Simon Leg and his sharp, energetic, youthful assistant Dan Culp — prefigured the fat Nero Wolfe and svelte Archie Goodwin who made their first appearance in Stout's 1934 novel, Fer-de-Lance. As Stout biographer John McAleer puts it, "eighteen years before Fer-de-Lance was written, Wolfe and Archie already lived nebulously in the mind of Rex Stout." Unlike Simon Leg and Dan Culp, Judge Fraser Manton — the main villainous character in Justice Ends at Home — has passed largely unnoticed by scholars of Stout and of the law. But the fictional Judge Manton is in fact a prefiguration of the infamous real-life Judge Martin T. Manton of the U.S. Court of Appeals for the Second Circuit. The similarities go beyond the names. Indeed, the two Mantons have enough in common to support an inference that Stout based his fictional Judge Fraser Manton on the real Martin Manton, although the real Manton would not become a judge until 1916 — the year after Justice Ends at Home was published. In other words, Stout's selection of a corrupt Judge Manton for the lead bad-guy role in Justice Ends at Home was intriguingly prescient.
Download the article from SSRN at the link.

Literary Property and Copyright

Posted: 30 Jan 2012 03:22 PM PST

Alina Ng, Mississippi College School of Law, has published Literary Property and Copyright in volume 10 of Northwestern Journal of Technology and Intellectual Property (May 2012). Here is the abstract.



Even when the first subject matter of copyright control was literary works, the specific rights of authors who produce these works had never been clearly articulated. Copyright laws have protected a statutory right to distribute the work to the public that may be broadly owned by both author and publisher while the common-law right of property over the work, which would have protected an author's creative interest in the work, have been dismissed by the courts as a legitimate source of law.
This paper examines literary property as a form of authorial rights, which authors may potentially have over works of authorship and which is both separate and distinct from statutory copyright. By looking at publication contracts between manuscript publishers and authors such as John Milton, Ralph Waldo Emerson, Harriet Beecher Stowe, Henry Thoreau, and Oliver Wendell Holmes, this paper suggests that there are two sources of rights over literary and artistic works - one at common-law and another at statute – as evidenced by the fact that authors retained personal property rights over their work after exclusive rights to print were assigned to the publisher. Should the notion of literary property be accepted as another source of right for the author, there will be immense implications for how  scholars, jurists, and policy-makers understand and shape copyright laws. If literary property is acknowledged as separate from statutory copyright, then ownership of the work and ownership of the specific rights under §106 of the Copyright Act would entail different entitlements. The author's role in the copyright system will be more clearly defined as ownership of literary property delineates rights owned and obligations owed by authors who produce literary works for the rest of society. Finally, this paper argues that social expectation to access creative works may be checked against the authors' right to protect their creative personality and integrity as well as the publishers' right to receive fair payment for the use of the work if a clear conceptual distinction between literary property and copyright is drawn.
Download the article from SSRN at the link. 

Justice Holmes and Pragmatism

Posted: 30 Jan 2012 03:20 PM PST

Seth Vannata, Morgan State University, has published Justice Holmes at the Intersection of Philosophical and Legal Pragmatism. Here is the abstract.
Because of the prolific scholarship on legal theory by Judge Richard Posner, especially since his turn away from law and economics toward "pragmatism," legal scholars began reading "legal pragmatism" as references to Posner's thought alone. My present task is part of a larger process of rethinking Posner's version of legal pragmatism. Posner's inspiration for his turn toward pragmatism can be attributed, in large measure, to Oliver Wendell Holmes, Jr. Posner buys into three central insights of legal pragmatism, whose origins lie in the work of Holmes, anti-formalism, the prediction theory of the law, and a modicum of indeterminacy in judicial decision making. Further, Posner is a methodological pluralist, refusing to reduce the process of adjudication to any one method or approach, such as textual literalism or originalism. He takes the mask off of these judicial theories and claims that underneath each is a pragmatist. 

But Posner's central position, to which the present article is a propadeutic to a more substantial criticism, is that academic philosophy and philosophical pragmatism in particular have no role to play in legal pragmatism as it manifests itself in the process of adjudication or in the process of legal scholarship. Since the legal theory Posner thinks useless is so infected by philosophy, legal theory, according to Posner is not relevant to the law either. If legal theory is not relevant to the law, legal institutions seem intellectually impoverished, ignoring the storehouse of wisdom in philosophy and depriving law of the intelligence necessary for social growth. Posner's polemical stance has not gone unnoticed in the world of jurisprudence and legal theory. But the result has been that legal scholars have now begun to associate legal pragmatism with Posner's seeming anti-theory. Thus, an important element in rethinking Posner's version of legal pragmatism is presenting a defense of Holmes as a philosophical pragmatist and a pragmatist in the tradition of his contemporary, Charles Sanders Peirce. Such is my present task. Holmes's scholarship resides at the intersection of philosophical and legal pragmatism, where Posner imagines that these roads run parallel to each other and therefore do not intersect.

The central position I advance here is that Holmes's historical legal scholarship and several of his judicial arguments evince the pragmatic sensibility of C.S. Peirce. Holmes puts to work several elements of Peirce's pragmatism: (1) that we must infer knowledge internal to the mind by external signs; (2) that the best method to fix our beliefs and settle our doubts relies on a communal inquiry as opposed to authoritarian dictates; (3) that the meaning of a concept, such as law, is found in the effects of its enactment; (4) that falliblism, liberalism, and skepticism of absolute truth are the proper norms to deter dogmatism and authoritarianism; (5) that the reality of values and ideals are found in their functional effects; and (6) that the norms, principles, standards, and rules, which guide the process of judicial inquiry, are generated by the facts of the case, as opposed to being a priori principles (versus natural law theory) and as opposed to lacking any reality at all, (versus nominalism). Peirce offered us the idea that to understand the meaning of a concept, we must look to its practical effects. I offer the idea that if we want to know the meaning of pragmatism itself, we should look to its practical effects in the scholarship and judicial decisions of Oliver Wendell Holmes, Jr.
Download the paper from SSRN at the link.
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UCL Centre for Digital Humanities


Provost’s Award for Public Engagement

Posted: 26 Jan 2012 06:12 AM PST

Claire Ross has won the student category of the Provost’s Awards for Public Engagement. There is a guest blog post by Hilary Jackson (UCL Public Engagement Unit) on the student blog.

Decoding Digital Humanities London is back!

Posted: 26 Jan 2012 01:00 AM PST

Decoding Digital Humanities London (DDHL) is back and it is bigger than ever! The series was founded at here at UCLDH  and has now grown to include a larger number of institutions across London. PhD, MA students and staff at UCL, King's College London and Goldmisth's University of London are amongst the [...]
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Law & Humanities Blog


Dickens On Design

Posted: 25 Jan 2012 12:52 AM PST

Here, from The Guardian.

Digital Messing Around

Posted: 25 Jan 2012 12:15 AM PST

In his column in the January 23rd New York Times, Stanley Fish suggests that parsing humanities texts using computers may be fun, but it can also lead us to find more than we were looking for.
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UCL Centre for Digital Humanities


Are inaugural lectures obsolete?

Posted: 23 Jan 2012 04:06 AM PST

Tomorrow I’m giving my inaugural lecture: “The monologue in a crowdsourced world: have digital resources rendered the inaugural lecture obsolete?” It’s in the UCL Gustave Tuck Lecture Theatre at 6.30. This link provides more details about me and what I’m going to be talking about, as well as a link to the registration page. I’ve [...]
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Medical Humanities


Classics for ethics?

Posted: 21 Jan 2012 03:03 AM PST

I've been invited to deliver a masterclass in using classical literature to teach ethics at the Institute of Medical Ethics Conference next month. I'm really looking forward to it, not least because three former students are up for the Mark Brenner prize for creative approaches to ethical issues in clinical attachments.

Good luck Matt, Rory and Rebecca.

Classical literature for narrative source material for ethics, as distinct from contemporary literature, has made me think about the characteristics of classics. For a novel or short story to be considered a classic, it has to have withstood the rigours of time and competition. Its themes, characters and/or plot have a value that transcends period and place, making it worthy of our attention – and still relevant -- many years after it was penned. Classics are paradigmatic. They are touchstones for cultural excellence. But does their status mean we come to them with a less open mind about the moral stances they might advocate?

Reading a classic absolves the reader of the judging whether something is 'good literature' or not. That decision has already been made collectively for us by cultural consensus, aided and abetted by those who decide school syllabuses, write textbooks or are editors for publishers' 'Classics' series. I find that I approach the reading of a classic with a different mindset to when I read contemporary literature. When a text is taken for granted as 'good', I feel an obligation as reader to 'be improved' by my reading. I must seek out what has been deemed good about a text and be appropriately appreciative. Happily, this is rarely onerous. With the possible exception of Ulysses, I have enjoyed reading the canonical texts in medical humanities: Middlemarch, Madame Bovary, Magic Mountain… (is there a correlation between titles starting with 'M' and classic status?).

Writing in the introduction to the excellent book Stories and their Limits, Nelson says that ethics took a 'personal turn' in the 1980s away from the impartialist approach (with its emphasis on universalism) to focus instead on the value of moral significance of individual relationships (love, friendship, community). Might the 'classic' status of a text imply a framework of universalism that sets it at odds with the preoccupations of the personal that are intrinsic to narrative ethics? Do classics already have a presupposed strong moral force that is inescapable for the reader? It is well known that we practise 'confirmation bias' in that we tend to favour stances that support positions that we are already committed to. If a narrative has attained classic status, it might well be because it tells us a story that conforms to a collective sense of morality. Can we then be sufficiently critically available enough to really open up a text to moral investigation? After all, as John Arras writes in his sardonically entitled chapter 'Nice story, so what?' (Stories and their Limits), 'Ethics without judgment is not ethics.'

A counter-argument would be that classics are often provocative rather than complacent in their moral stances. The moral ambiguity in the writings of Shakespeare, Kafka, Shelley, Tolstoy, Chekhov and many of the other 'greats' is what helps to elevate their texts to 'classic' status. It contributes to why they are still amenable to seemingly inexhaustible analysis, in spite of all the intervening years of scholarship and debate.

Does a certifiably good story intrinsically have a moral dimension? The French literary critic Charles Augustin Sainte-Beuve certainly thought so. He wrote in 1850: "A true classic, as I should like to hear it defined, is an author who has enriched the human mind, increased its treasure, and caused it to advance a step; who has discovered some moral and not equivocal truth" (my emphasis). I think it is almost always possible to find a moral dimension in classic texts that have a medical motif. If ethical issues do not suggest themselves in the plot or character, there may be discussion points around the relationship of the author to matters medical, or about how medicine is represented as a profession. One of the advantages of studying classics is that it demands a consideration of context. It compels us to put aside current legal frameworks and norms, and really think about how morality is narratively shaped.

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UCL Centre for Digital Humanities


Infographic: Quantifying Digital Humanities

Posted: 20 Jan 2012 02:37 AM PST

You may remember that back in December, I (Melissa Terras) gathered some stats about Digital Humanities. I turned these into an infographic, which is available in full technicolour and much higher res than this blog will allow, over at the UCLDH Flickr account. The infographic is courtesy of UCLDH as it generously paid [...]
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Medical Humanities


Medfest 2012

Posted: 18 Jan 2012 06:51 AM PST



News of a wonderful medically themed film festival touring the UK. This is the second year of the festival which aims to provoke debate on the ethics and politics of doctors on film. This year's theme is 'HealthScreen - understanding illness through film'. The first event is at Birmingham University on 7 February with 15 further events at medical schools around the UK. Education films, health information films and mainstream Hollywood movies will all be considered. Each event is free with no ticket required. Entry is on a first-come basis. More details here.
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Law & Humanities Blog


Musings On Bob Dylan and the Law From Another Blog

Posted: 18 Jan 2012 05:55 AM PST

Great post on Bob Dylan and the law here at Nightly Song.

CBS Orders Pilots for New Legal Shows

Posted: 18 Jan 2012 05:50 AM PST

CBS has ordered pilots for two new projects, an updated version of Sherlock Holmes, set in New York City, and a new legal drama. According to the Hollywood Reporter, the Sherlock Holmes show, right now titled Elementary, will be written by Robert Doherty, and produced by Sarah Timberman and Carl Doherty. The legal show,  Baby Big Shot, is a project from Dana Calvo, Kevin Falls, and Jamie Tarses. Calvo was involved with the legal drama Franklin & Bash. More here from the Chicago Tribune.
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UCL Centre for Digital Humanities


Visitor experience and the digital museum

Posted: 18 Jan 2012 12:43 AM PST

I’m looking forward to hearing Robert Bud talk today about digital museums. The Science Museum has been doing some really interesing work on the integration of digital resources into the physical museum expeirnce. It will be fascinating to hear more about this, so join us if you can. Details are below: Visitor experience and the digital museum Malet [...]
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Law & Humanities Blog


Calling Inspector Lewis

Posted: 16 Jan 2012 11:34 AM PST

Professor Steven Rawlings, an astrophysicist working on the Square Kilometer Array located at Oxford, died Wednesday night. His colleague, Professor Devinder Sivia, has been arrested by the police, but is now out on bail. Professor's Rawlings widow has said she does not believe Professor Sivia is involved in her husband's death.

The New York Times notes that this story has all the makings of a Colin Dexter Inspector Morse novel. An Inspector Lewis episode actually centers on astronomers and murders (Dark Matter), as do episodes of Murder She Wrote (Harbinger of Death) and Psych (From the Earth to Starbucks).
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Medical Humanities


Blog redesign

Posted: 15 Jan 2012 10:05 AM PST

When this blog was started some eight years ago, it was envisaged as a place where students from the Imperial College Medical Humanities course could share their writing and any medical humanities activities. This worked well for many years, but since then, the websphere has changed, as has the nature of medical education. An explosion in social media means that students no longer need a formal space in which to showcase their writing. Many have blogs of their own or rely on Facebook to raise their profile. Also students have such full timetables that it is unrealistic to expect long-term commitments to writing for a group blog. So, whilst I still envisage inviting posts from students and others associated with the course at Imperial, I'm going to take ownership of the blog and try to write more myself. I'm pretty sure this was the first blog devoted to medical humanities, and it's been nice to see other groups set up their own blogs to tell us about their activities. I'll be posting links to UK medical humanities conferences and events, so please let me know if you would like anything included. I won't be adding or accepting sponsored links. I'm in the process of updating the blog roll, so will be accepting suggestions for relevant sites.

Comics & Medicine: Navigating the Margins

Posted: 15 Jan 2012 05:09 AM PST

22-24 July 2012
Toronto, Canada

Faculty of Medicine, University of Toronto Biomedical Communications Program, University of Toronto, Office of the Vice-Principal, Research, University of Toronto, Mississauga

The third international interdisciplinary conference* on comics and medicine will continue to explore the intersection of sequential visual arts and medicine.
This year we will highlight perspectives that are often under-represented in graphic narratives, such as depictions of the Outsider or Other in the context of issues such as barriers to healthcare, the stigma of mental illness and disability, and the silent burden of caretaking.

The conference will feature keynote presentations by comics creators Joyce Brabner and Joyce Farmer. Brabner, a comics artist and social activist, collaborated with her late husband Harvey Pekar on the graphic novel Our Cancer Year (1994), which won a Harvey Award for best graphic novel. Farmer is a veteran of the underground comics scene who nursed her elderly parents through dementia and decline as shown in her graphic memoir Special Exits (2010), which won the National Cartoonists Society award for graphic novels.

We invite proposals for scholarly papers (20 minutes) or panel discussions (60 minutes) focusing on medicine and comics in any form (e.g., graphic novels, comic strips, graphic pathographies, manga, and/or web comics). In particular, we seek presentations on the following— and related—topics:

• Graphic pathographies of illness and disability
• The use of comics in medical education
• The use of comics in patient care
• Depictions of the illness experience from the perspective of loved ones and family caregivers
• The interface of graphic medicine and other visual arts in popular culture
• Ethical implications of using comics to educate the public
• Ethical implications of patient representation in comics by healthcare providers
• Trends in international use of comics in healthcare settings
• The role of comics in provider/patient communication
• Comics as virtual support groups for patients and caregivers
• The use of comics in bioethics discussions and education

We also welcome workshops (120 minutes) by creators of comics on the process, rationale, methods, and general theories behind the use of comics to explore medical themes. These are intended to be "hands-on" interactive workshops for participants who wish to obtain particular
skills with regard to the creation or teaching about comics in the medical context.

We envision this gathering as a collaboration among humanities scholars, comics scholars, comics creators, healthcare professionals, and comics enthusiasts.

300-word proposals should be submitted by Friday, 28 February 2012 to
submissions@graphicmedicine.org.

Proposals may be in Word, PDF, or RTF formats with the following
information in this order:
• author(s)
• affiliation
• email address
• title of abstract
• body of abstract

Please identify your presentation preference:
• oral presentation
• panel discussion
• workshop

While we cannot guarantee that presenters will receive their first choice of presentation format, we will attempt to honor people's preferences, and we will acknowledge the receipt of all proposals submitted. Abstracts will be peer-reviewed by an interdisciplinary selection committee. Notification of acceptance or rejection will be completed by 14 March 2012.

Please note: Presenters are responsible for session expenses (e.g. handouts) and personal expenses (travel, hotel, and meeting registration fees). All presenters must register for at least the day on which they are scheduled to present.

More info & updates at graphicmedicine.wordpress.com

*Information about the 2010 conference, "Comics and Medicine: Medical Narrative in Graphic Novels," in London, England, and the 2011 conference, "Comics and Medicine: The Sequential Art of Illness," in Chicago, Illinois, USA, can be found at http://www.blogger.com/www.graphicmedicine.org. Read More... Medical Humanities

Law & Humanities Blog


How Did Pablo Neruda Die?

Posted: 15 Jan 2012 01:57 PM PST

Allegations are surfacing that celebrated poet Pablo Neruda (1904-1973) did not die of natural causes, but was murdered. Attorney Eduardo Contreras, a friend of Mr. Neruda's, and Manual Araya, the man who was the poet's bodyguard, say they believe that the poet was poisoned at the clinic at which he was recovering from surgery in 1973. Mr. Contreras would like to have Mr. Neruda's body exhumed and examined. A judge has also ordered an investigation into the death of former President Sergei Frei, who died at the same clinic. More here in a story from MSNBC.

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