Law & Humanities Blog |
- Law and Literature In the First Year Curriculum: Tort Law
- International Law, Torture and "24"
- Law, Culture, and Housing Law and Policy
Law and Literature In the First Year Curriculum: Tort Law Posted: 20 Mar 2012 12:38 PM PDT Zahr Said, University of Washington School of Law, has published Incorporating Literary Methods and Texts in the Teaching of Tort Law at 3 California Law Review Circuit 170 (January 2012). Here is the abstract. This essay, presented in a Law and Humanities Section panel at the 2012 AALS Annual Meeting, discusses my use of literature to aid and amplify legal analysis in a first-year Torts class. Literary texts and methods helped my students investigate how the law conceives of, and expresses, duties and losses among parties. The course drew on several diverse strands of law-and-literature methodology and it incorporated literary texts and methods into discussions of case law and legal policy to produce analysis that is deeply interdisciplinary. |
In growing acculturated to legal analysis, law students are learning not just a new language, but a new awareness of how and why they read the way they do.
The paper includes an appendix listing some discussion questions for The Sweet Hereafter, by Russell Banks, one of the texts I used in the class.Download the article from SSRN at the link.
The paper includes an appendix listing some discussion questions for The Sweet Hereafter, by Russell Banks, one of the texts I used in the class.Download the article from SSRN at the link.
International Law, Torture and "24"
Posted: 20 Mar 2012 11:35 AM PDT
Knut Fournier has published Torture Justification in '24': Aesthetics of the Bush Administration
In the context of the War on Terror, fiction is a support of ideologies for the Bush administration. The TV series '24' resorts on all legal justifications of torture made by the Bush administration, and justifies torture as being necessary, effective, and lawful. In that justification process, the thesis of the main international lawyers supportive of the Bush doctrines are used in a very detailed way, maintaining a 'simulacra' in the sense of Baudrillard.Download the paper from SSRN at the link. NB: The text is in French.
Law, Culture, and Housing Law and Policy
Posted: 20 Mar 2012 07:53 AM PDT
Lisa T. Alexander, University of Wisconsin Law School, has published Hip-Hop and Housing: Revisiting Culture, Urban Space, Power, and Law, at 63 Hastings Law Journal 803 (2012).
U.S. housing law is finally receiving its due attention. Scholars and practitioners are focused primarily on the subprime mortgage and foreclosure crises. Yet the current recession has also resurrected the debate about the efficacy of place-based lawmaking. Place-based laws direct economic resources to low-income neighborhoods to help existing residents remain in place and to improve those areas. Law-and-economists and staunch integrationists attack place-based lawmaking on economic and social grounds. This Article examines the efficacy of place-based lawmaking through the underutilized prism of culture. Using a sociolegal approach, it develops a theory of cultural collective efficacy as a justification for place-based lawmaking. Cultural collective efficacy describes positive social networks that inner-city residents develop through participation in musical, artistic, and other neighborhood-based cultural endeavors. This Article analyzes two examples of cultural collective efficacy: the early development of hip-hop in the Bronx and community murals developed by Mexican immigrants in Chicago's Pilsen neighborhood. These examples show that cultural collective efficacy can help inner-city residents mitigate the negative effects of living in a poor and segregated community and obtain more concrete benefits from urban revitalization in their communities. Cultural collective efficacy also provides a framework to examine important microdynamics in the inner-city that scholars and policymakers have ignored. Lastly, this Article devises new combinations of place-based laws that might protect cultural collective efficacy, such as: (1) historic districts with affordable housing protections secured through transferable development rights, (2) foreclosure prevention strategies, (3) techniques to mitigate eminent domain abuse, and (4) reinterpretations of the Fair Housing Act's "affirmatively furthering" fair housing mandate. These examples of place-based lawmaking may more effectively promote equitable development and advance distributive justice in U.S. housing law and policy.Download the article from SSRN at the link.
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