Law & Humanities Blog


Call For Paper Proposals: Conference On Law, Literature, and the Humanities Association of Australasia, December, 2013

Posted: 29 May 2013 10:47 AM PDT

Reminder from Desmond Manderson: Abstracts for single papers or panel proposals for this year's Law, Literature, and the Humanities Association of Australasia Conference are due at the end of this week. More information on the Conference webpage. Link here.


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New Reality Show Focusing On Brooklyn Prosecutor's Office Debuts

Posted: 28 May 2013 01:53 PM PDT

Legal dramas are perennially popular, and as usual, the networks are already rolling them out for the 2013 season. On Tuesday, May 29, at 10 p.m., 9 Central time, CBS launches a new show, Brooklyn D.A., starring the city itself and the office of the prosecutor, focusing on the ADAs and their work. What is different about this six part series? It's a chance for viewers to look behind the scenes. 

The show is already not without controversy. Abe George, who is running for the office of District Attorney, had attempted to object to the show, arguing that it constitutes election publicity for the office holder, Charles Hynes. A judge denied his motion last week. Today, meanwhile, a man suing the D.A.
's office for wrongful conviction is now attempting to obtain emails exchanged between that office and the show's producers.

More here from the New York Times, here from the New York Daily News.

Call For Papers: Law, Peace, and Violence Conference, March 14, 2014

Posted: 28 May 2013 11:37 AM PDT

From Yxta Murray at Loyola Los Angeles Law School, a call for papers for a conference on Law, Peace, and Violence: Jurisprudence and the Possibilities of Peace, a symposium at Seattle University School of Law on March 14, 2014, hosted by the Seattle Journal of Social Justice. Below is the description of the Conference, with more information about the CFP. We are working to get a webpage with this information loaded, and will update this post later.




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Drink Up! Oh, and Live Long and Prosper!

Posted: 23 May 2013 01:32 PM PDT

Ah, the uses of trademark law! Check out Vulcan Ale, now for sale in Vulcan, Alberta, in honor of the town's centennial. If you'd rather have Romulan Ale, or a Star Wars, Monty Python, or Game of Thrones brew, check out the possibilities here.
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UCL Centre for Digital Humanities


Mandarin conversations for Bridge to China 通往中国的桥梁

Posted: 23 May 2013 02:49 AM PDT

// 1) { window.location = "http://blogs.ucl.ac.uk/dh"+stripped_link; } } // ]]> Bridge to China (www.bridgetochina.org.uk) has received an e-Learning Development Grant for Mandarin conversations. Bridge to China is a community-sourced grammar of modern Mandarin running on the UCL Confluence wiki. The conversations will bring it one step closer to being an open source Mandarin course.
A recent Digital Linguists’ Network event [...]

UCLDH student website awarded UNESCO and UN award

Posted: 04 Apr 2013 03:10 AM PDT

// 1) { window.location = "http://blogs.ucl.ac.uk/dh"+stripped_link; } } // ]]> One of our former students, Davor Orlic, works as Publication Manager at videolectures.net which has just been awarded the United Nations and UNESCO award for the Best Educational Product of the Decade and in their words represents ‘one of the most outstanding examples of creative and innovative e-Content in [...]

Digital Humanities Month at UCL

Posted: 04 Apr 2013 02:01 AM PDT

// 1) { window.location = "http://blogs.ucl.ac.uk/dh"+stripped_link; } } // ]]> April is Digital Humanities Month at UCL!  Along with the DH Project Starter Workshop and the event for UCL undergraduates, we are holding a series of talks. All are welcome and there will be a drinks reception after each talk. Please note that registration is required as places [...]
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UCL Centre for Digital Humanities


Two weeks later: Post Launch Low down

Posted: 22 May 2013 09:16 AM PDT

// It has now been a couple of weeks since our official launch where James Murdoch, Chairman and CEO of News Corporation gave a great speech with strong opinions on creativity, culture, and online content (read the full text). You can now view the speech online too.
// We have been tracking the media attention here are [...]

Decoding Digital Humanities Going Global

Posted: 22 May 2013 09:16 AM PDT

// Every month we hold Decoding digital Humanities which is s an informal get together in the pub for those who are interested in all things digital humanities.  It’s a brilliant  opportunity to mingle, share ideas, with others working, studying or have an interest in digital humanities.

Research Blogging

Posted: 22 May 2013 07:32 AM PDT

// The Centre for Digital Humanities and its blog are brand new, but several of us within it have been blogging for a while (Melissa Terras’ Blog on blogger, and Claire Ross’s blog and my own on wordpress).
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Law & Humanities Blog


Law's Sovereignty

Posted: 20 May 2013 09:37 AM PDT

Justin Richland, University of Chicago, is publishing Jurisdiction: Grounding Law in Language in the Annual Review of Anthropology. Here is the abstract.

Jurisdiction, a concept often demarcating law's territorial scope, and thus the bounds of state sovereignty, is offered here as a theory of legal language and its relation to law's social force. Reconsidered in light of its etymology as "law's speech," new theories of jurisdiction suggest how law is simultaneously founded and enacted through language both spectacular (such as courtroom arguments or in the preambles of Constitutions) and mundane (such as in legal aid in-take exchanges, or in the forms of bureaucratic records). Jurisdiction points up how the force of law, and the sovereignty that law's force presupposes, can be seen as being made, and made seemingly unassailable, in the discursive and textual details of law's actual accomplishment.
This review considers a segment of legal language scholarship produced in recent decades, while arguing for the ground that language, as jurisdiction, always holds for law and sovereignty.Download the text of the article from SSRN at the link. 

Tracing the History of Freedom of Sexual Expression Under the First Amendment

Posted: 20 May 2013 09:33 AM PDT

Ronald K. L. Collins, University of Washington School of Law, has published Theodore Schroeder and the Pre-1919 Defenses of Free Speech: The Case for Freedom of Sexual Expression as University of Washington School of Law Research Paper No. 2013-16. Here is the abstract.

The modern First Amendment began with a turn of the clock, on a Monday on March 13, 1919, the moment of the release of Justice Holmes's seminal opinion in Schenck v. United States. At that pinpoint in time, First Amendment history was reconfigured and the liberty-denying past gradually began to fade away in the years and opinions that followed. Holmes laid his claim to the conceptual turf and what followed is what we call modernity. True, Learned Hand had his moment, too, in 1917 with his district court opinion in Masses Publishing Co. v. Patten. But that opinion, for all its insights, took on meaning primarily as a comparative point to the work of the Great Holmes. And then there is the work of Zechariah Chafee, the scholar who lent his own measure of staying power to the Holmesian notion of free speech law. Before these three Harvard men, however, there was Utah born man who came onto the First Amendment scene, a man far less credentialed and polished, a University of Wisconsin Law School trained lawyer who championed a libertarian creed and contested the will of a very powerful man, Anthony Comstock. That radical lawyer, whose name and work have largely remained cabined in the confines of forgotten history, was Theodore A. Schroeder. Like Holmes, he too had a vision of free speech law. What follows is the first of a series of articles that introduces the reader to Schroeder and his many works concerning free expression. Those works first took root not in political speech, but in area of freedom far more important to the progressives of his day – sexual expression. We come to his story thirteen years before Holmes's glorious moment in 1919, on an occasion when Messrs. Schroeder and Comstock were to debate the topic of sexual expression. Several months later, Theodore Schroeder published an article in the Albany Law Journal ("The Constitution and Obscenity Postal Laws"), which is the main focus of this article. Drawing on a measure of history and analysis, the aim is to provide the reader with an idea of how Schroeder conceptualized his vision of free speech freedom.
Download the paper from SSRN at the link. 
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Conference On Human Rights, Denmark, January, 2014

Posted: 16 May 2013 11:06 AM PDT


From Daniela Carpi, Professor of Literature, University of Verona, writing for AIDEL, Associazione Italiana di Diritto e Letteratura. Here is an announcement of an upcoming conference, Negotiating Human Rights, and the associated call for papers.

Negotiating Human Rights: Aesthetic, Cultural, and Political FramingsArr. by Humanistic Studies of Human Rights
Aarhus University, Denmark, January 23.-25. 2014  The aim of this conference is to focus on the multiple ways that human rights are framed through specific aesthetic, cultural and political discourses. The conference will facilitate an interdisciplinary discussion about this in a both historical and contemporary context. The conference is motivated by the increasing use of human rights in global, political and cultural contexts and the simultaneous lack of consensus regarding their precise definition and function. Human rights discourses are used in the construction of cultural identity and political communities but at the same time, a question is raised regarding the nature of communality: we are all human beings but what is human about human rights and how does this human nature qualify us as bearers of rights within specific cultural and political contexts?
We invite papers on the rhetorical, aesthetic, and mediatised framing of human rights: how do human rights-narrations work, how are they used to create empathy, what is the form and function of atrocity tales or tales of victimhood, what is the relation between documentary and fictional strategies, how do we talk about human rights in political debates and in television shows, literature, movies, on the net etc.? There is a constant translation-process going on between law, politics, and culture. This 'translation' is not pure and neutral but motivated and based on selection and rhetorical choices. This conference focuses on the changes – losses and gains – of concrete mediatised human rights discourses in specific contexts.Furthermore, in order to understand the function of human rights discourses, this conference invites papers that focus both on historical and contemporary contexts. If we talk about human rights in a very strict sense in the western world, they only go back to 1948 but all modern human rights discourses draw on a much older heritage.
In order to understand the implications and constitution of modern human rights discourses we welcome studies on their development within global history, from antiquity till today and from different parts of the world. Confirmed keynote-speakers:
Costas Douzinas (Professor of Law and Director of Birkbeck Institue for Humanities, Birckbeck, University of London)Susan Maslan (Associate Professor, Dep. of French, University of California, Berkeley, USA)Joseph Slaughter (Associate Professor, Dep. of English and Comparative Literature, Columbia University, New York, USA)Lena Halldenius (Professor of Human Rights, and Director of Human Rights Program, Dep. of History, University of Lund, Sweden)
We invite papers on the following (or related) subjects:
·         Cultural contextualizations of human rights
·         The relationship between universality and particularity in concrete human rights discourses
·         Political uses of human rights
·         Human rights in intercultural dialogue in a global world
·         Styles of human rights: rhetorical framings, narrativization, aesthetization, fictionalization
·         Human rights in art, literature, movies etc.
·         Human rights and global history
·         Human rights in different media
·         Gains and losses in the process of 'translation' from one field of knowledge to another.
 Fee: Participation fee will be 100 Euros.
 Paper-suggestions should be no more than 400 words and should be sent before September 1, 2013 to Karen-Margrethe Simonsen, Associate Professor, Comparative Literature, Director of Humanistic Studies in Human Rights, Aarhus University, Denmark: negotiatinghumanrights2014@hum.au.dk
             
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UCL Centre for Digital Humanities


SMKE workshop: Social Media and the Museum

Posted: 16 May 2013 08:55 AM PDT

Thursday 6th June, 9:30am-5:00pm Room G31, Foster Court As part of the Social Media Knowledge Exchange (SMKE), UCL, together with its project partners, is hosting a one day workshop on 6th June on the theme: Social Media and the Museum. General workshop theme: how social media is changing museum practice and visitor experience; how social media can be [...]
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Law & Humanities Blog


ABA Announces Silver Gavel Award Winners for 2013

Posted: 15 May 2013 11:00 AM PDT

From an ABA news release: (The information below is excerpted from the release)

The American Bar Association announced today its selections for the 2013 Silver Gavel Awards for Media and the Arts, which recognize outstanding work that fosters the American public's understanding of law and the legal system. This is the ABA's highest honor in recognition of this purpose, and no more than one Silver Gavel is presented in each category.
... 
SILVER GAVEL AWARDS
BOOKS
DOCUMENTARIES
The Central Park Five
Florentine Films
Ken Burns, Sarah Burns and David McMahon, Directors/Writers/Producers
Michael Levine, Editor
Stephanie Jackson, Production Coordinator
http://www.florentinefilms.com/ffpages/BOS-frameset.html
NEWSPAPERS
Lax Controls Leave Ex-Cons Free to Kill
Detroit Free Press
L.L.
Brasier and Gina Damron, Co-Authors and Staff Writers
Amalie Nash, Assistant Managing Editor
Andre J. Jackson, Staff Photographer
Elisha Anderson, Contributor and Staff Writer
http://www.freep.com/article/99999999/NEWS06/120928082
TELEVISION
Electoral Dysfunction
Trio Pictures in association with WTTW National Productions
David Deschamps, Leslie D. Farrell and Bennett Singer, Producers/Writers/Directors
Mo Rocca, Host
Jay Keuper, Editor
Joe Friedman, Cinematographer
http://electoraldysfunction.org/
HONORABLE MENTIONS
BOOKS
Stand Up That Mountain: The Battle to Save One Small Community in the Wilderness Along the Appalachian Trail
Jay Leutze, Author
Simon & Schuster/Scribner
http://authors.simonandschuster.com/Jay-Erskine-Leutze/402711770
DOCUMENTARIES
West of Memphis
Sony Pictures Classics
Amy Berg, Director/Producer
Damien Echols, Lorri Davis, Peter Jackson and Fran Walsh, Producers
http://www.sonyclassics.com/westofmemphis/
NEWSPAPERS
Loss of Trust
San Jose (Calif.) Mercury News
Karen de Sá, Staff Reporter
Dai Sugano and Pat Tehan, Photojournalists
http://www.mercurynews.com/trust
TELEVISION
The Real CSI
Frontline (WGBH Boston), ProPublica and the Investigative Reporting Program at UC Berkeley
Lowell Bergman, Correspondent, Producer and Writer for Frontline
Andres Cediel, Producer and Writer
Leah Bartos, Reporter for ProPublica
Raney Aronson-Rath, Series Senior Producer
David Fanning, Executive Producer
http://www.pbs.org/wgbh/pages/frontline/real-csi/ 

For more about the Silver Gavel Awards and the ABA's Public Education Division, see here.  Read More... Law & Humanities Blog

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If You Need...

Posted: 14 May 2013 11:09 AM PDT

To take a break from grading, check out Anatasia Salter's post "Researching In Public On Tumblr." Professor Salter suggests a number of Tumblr sites for time-wasting refreshing thought while you rejuvenate your overloaded brain and shake out the snowflakes.
My favorite: Academic Tim Gunn. Make it work.

Benjamin Franklin's Constitutional Convention Chaplin Proposal

Posted: 14 May 2013 09:45 AM PDT

Louis J. Sirico, Jr., Villanova University School of Law, has published Benjamin Franklin, Prayer, and the Constitutional Convention: History as Narrative, as Villanova Law/Public Policy Research Paper No. 2013-3026. Here is the abstract.

Anecdotes from the Convention continue to inform contemporary discussions on the Constitution's meaning. This article discusses an anecdote from the Convention that shows how history and false history shape our laws and cultural traditions.
The article focuses on Benjamin Franklin's proposal to hire a chaplain and begin each day with a prayer. The Convention deputies showed little interest in the proposal, and it died aborning. However, decades later, a fictional version emerged in which Franklin's proposal succeeded and saved the Convention from collapse.
The factual and mythical Franklin prayer narratives offer us the opportunity to examine their history and rhetorical use in arguing for integrating religion into America's public life. This examination also offers the opportunity to reflect on how advocates can use history to fashion a persuasive argument. The history of the narrative demonstrates how writers, government officials, lawyers, and judges have employed it to further their own purposes. As for the continuing popularity of the story, Franklin and the archetype he personifies play a critical role in making the narrative persuasive. And as the narrative shows, histories, both factual and mythical, can support persuasive narrative arguments.
Download the paper from SSRN at the link. 
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The Image of Lawyers and Legal Ethics

Posted: 10 May 2013 12:14 PM PDT

Amy Salyzyn, Yale University Law School, is publishing John Rambo v. Atticus Finch: Gender, Diversity and the Civility Movement in volume 16 of Legal Ethics (2013).
Here is the abstract.
The need for increased civility has been a recurring theme in conversations about lawyer professionalism in the United States and Canada over the last several decades. In addition to having many advocates, however, the civility movement has also been subject to criticism. In large part, the critiques made to date have focused on the problems or risks created when civility rules or guidelines are enforced against lawyers. This article takes a different focus to provide a complementary, yet distinct critique. The object of analysis is the discourse of the civility movement. More specifically, the assumptions and concepts of lawyer professionalism embedded in our conversations about civility are explored.
Upon review, the discourse of the civility movement reveals a dominant narrative framed in terms of competing masculinities: the aggressive, testosterone fueled Rambo-lawyer is cast as the anti-hero to be vanquished against renewed calls for the return of the gentlemanly Atticus Finch. I argue that this 'Rambo-Finch narrative' is hostile to inclusive understandings of lawyer professionalism in three inter-related ways: (1) it renders women and other 'outsider' lawyers largely invisible; (2) it romanticizes past discriminatory concepts of lawyer professionalism; and (3) it reflects anxieties about the destabilization of traditional, exclusionary claims or modes of authority in the legal profession. The exclusionary understandings of lawyer professionalism contained in the Rambo-Finch narrative should be of concern to those interested with improving gender equity and diversity in the legal profession as there is good reason to believe that this discourse translates into 'real world' consequences in how 'outsider' lawyers are viewed and treated within the legal profession.
Download the article from SSRN at the link.  Read More... Law & Humanities Blog
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Working Together: Law and Social Science

Posted: 09 May 2013 08:21 AM PDT

Tristin Green, University of San Francisco School of Law, is publishing It's Not You, It's Me': 
Assessing an Emerging Relationship between Law and Social Science in the Connecticut Law Review. Here is the abstract.

This essay isolates and assesses an overlooked consideration on an emerging and significant issue in employment discrimination law. The emerging issue: When should employers be held liable for established widespread differential treatment within their organizations? The overlooked consideration: the relationship between law and social science.
Although the essay focuses closely on a specific doctrinal issue in employment discrimination law, it also sets broad theoretical groundwork for thinking about the implications of the various relationships that might emerge between law and social science in a variety of legal realms.Download the full text of the article from SSRN at the link. 

The Law of Offense

Posted: 09 May 2013 08:16 AM PDT

Ronald L. K. Collins, University of Washington School of Law, has published Comedy and Liberty: The Life and Legacy of Lenny Bruce at 79 Social Research 61 (2012). Here is the abstract.

Comedy takes liberties. Hence, it depends on liberty to survive. Sometimes it is divine, other times farcical, sometimes operatic, other times poetic, and still other times shamelessly vulgar. As it moves from sauciness and scandal to sacrilege and sedition, comedy mocks everything in its sardonic path. Over the ages comedy has been tapped to punch out the likes of the mighty or to make swift shrift of their imperatives. Such actions point to the role of the First Amendment in all of this. Conceptually, the two intersect whenever comedy is offensive, that is, when it mocks, scorns, derides, ridicules, or pokes fun at person, creed, or cause. In this regard, no figure stands out more in American history than the always offensive and often funny Lenny Bruce. How a society protects or prosecutes the likes of Lenny Bruce is a barometer of how much it values freedom of speech.
Download the full text of the article  from SSRN at the link.
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More About the History of the Second Amendment

Posted: 08 May 2013 08:31 AM PDT

Patrick J. Charles, United States Air Force Special Operations Command 352nd Special Operations Group, is publishing The Statute of Northampton by the Late Eighteenth Century: Clarifying the Intellectual Legacy, in the Fordham Urban Law Journal. Here is the abstract.

In a article examining the "myths and realities about early American gun regulation," Saul Cornell provides new insight as to how the right to arms outside the home evolved in Antebellum law. Cornell's article is arguably the first to seriously examine this legal development and I do not challenge his general findings in this regard. Where we seemingly diverge is the role that the Statute of Northampton served in this process, particularly its intellectual application by the nineteenth century. This article addresses those concerns and the Second Amendment outside the home.
Download the article from SSRN at the link. 
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UCL Centre for Digital Humanities


Reference cultures in Europe – Major European research grant awarded

Posted: 07 May 2013 08:43 AM PDT

How did the large and cultural powerful countries Britain, France, and Germany influence public debates in smaller countries like the Netherlands, Belgium and Luxembourg? Cultural historians and digital humanists at UCL and the universities of Utrecht and Trier will address this question in the new research project Asymmetrical Encounters: E-Humanity Approaches to Reference Cultures in Europe, 1815–1992‘ [...]
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Law & Humanities Blog


New Issue of International Journal for the Semiotics of Law Now Available

Posted: 06 May 2013 12:29 PM PDT


Just received:  from the International Journal for the Semiotics of Law/Revue internationale de Semiotique juridique, a link to volume 26, number 2. 

This issue includes Bryan H. Druzin, Eating Peas with One's Fingers: A Semiotic Approach to Law and Social Norms; Gail Bruner Morrow and Richard W.
Murrow, A Biosemiotic Body of Law: The Neurobiography of Justice, Stephen Skinner, Violence in Fascist Criminal Law Discourse: War, Repression and Anti-Democracy, and several other extremely interesting articles.

Twenty Years Later: Anniversary of a Lawsuit

Posted: 06 May 2013 12:08 PM PDT

Today on NPR: Oliver Wang looks back at the 1991 copyright infringement lawsuit that composer/singer Gilbert O'Sullivan brought against singer Biz Markie. Mr. O'Sullivan alleged that Mr. Markie's sampling of Mr. O'Sullivan's song "Alone Again (Naturally)" was an impermissible use. Mr. O'Sullivan had previously denied Mr. Markie a license to use the infringing material. The judge in the case ruled in favor of the plaintiff, and even thought the matter was a criminal one. Here's more background from Copyright Casebook. The case made legal history, since sampling was a tradition in hip-hop.

Two years later, Mr. Markie released an album, without the infringing song. The album's name: All Samples Cleared. Indeed.
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