Law & Humanities Blog


Feminism Here and There

Posted: 11 Sep 2012 03:21 PM PDT

Yxta Maya Murray, Loyola Law School, Los Angeles, has published 'Creating New Categories': Anglo-American Radical Feminism's Constitutionalism in the Streets, at 9 Hastings Race & Poverty Law Journal 454 (2012). Here is the abstract.

In 1968 and 1970, U.S. and British radical feminists organized provocative protests at the Miss America and Miss World beauty pageants. While the American New York Radical Women expressed their outrage at women's objectification by picketing, engaging in street theater antics, and organizing a brief if peaceable outburst, British feminists raised a panic in London by throwing flour bombs and rotten produce at audience members and celebrity MC's, scattering plastic mice, spraying ink-filled squirt guns, and even snubbing out a cigarette on a policeman.
Why were the U.S. radical feminists so much more decorous than their British sisters? In this article, I analyze how each of these radical feminist camps employed the strategies of outrage, law-breaking, and violence, noting that U.S. beauty pageant protesters were outrageous, but avoided the scandalous scofflawing and aggression of the London rebels. Investigating the historical and contemporary political worlds in which these two revolutionary groups worked, I show that U.S. and British attitudes toward law-breaking and violence were shaped by their native, early 20th century histories of feminism, as well as the American and European tumults and tragedies that characterized the age.
Drawing on the work of Reva Siegel, Jack M. Balkin, and Lynda G. Dodd, I will then consider how the U.S. and British protesters influenced their countries' respective constitutional cultures and future feminist legal theories. Each camp's approach to outrage, law-breaking, and violence in street protest would later be felt in successes and failures on the constitutional front, and also resound in a law-faithful U.S. feminism that differs significantly from its skeptical, anti-authoritarian British complement.
Download the article from SSRN at the link. 

Graphically Stated

Posted: 11 Sep 2012 10:19 AM PDT

More on cartoon and comic law today, this time via Findlaw.
Bob Kohn of RoyaltyShare was allowed to file an amicus brief in the Justice Department's antitrust ebooks pricing case against Apple and other defendants. But the judge told Mr. Kohn to keep his brief short (no pun intended)--to five pages, in fact. So Mr. Kohn went with an extremely graphic style, He reduced his argument to cartoons. The case settled a day after he filed his brief. Oh, well. Perhaps not an approach that would work for every argument, but, in this case, points for style. Graphic style. 

Science Fiction as a Spur to Law

Posted: 11 Sep 2012 09:28 AM PDT

Kieran Mark Tranter, Griffith University Law School, has published The Speculative Jurisdiction: The Science Fictionality of Law and Technology, at 20 Griffith Law Review 818 (2011). Here is the abstract.

This article argues that scholarship on law and technology is a thoroughly speculative activity. The textual signifiers of this speculative orientation are the multiple incursion of science fiction that locate and justify lawyers writing about technology. Through a detailed examination of three law and technology literatures – on early space technology, IVF, and virtual-worlds – it will be shown that science fiction is the storehouse of images and imaginings that substantiate the legal projection of technological futures. When law confronts technology science fiction is its speculative jurisdiction. The suggestion is that through a more through-going engagement with science fiction as the speculative jurisdiction, law could more adequately engage with the complexities and contingencies of technological change.
Download the article from SSRN at the link.


Supernatural Law

Posted: 11 Sep 2012 09:16 AM PDT

Batton Lash's new book featuring Supernatural Law, The Monsters Meet at Court Street, is out: it features attorneys Alanna Lash and Jeff Byrd. More here.
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