January 17, 2018

ISA RCSL PODGÒRECKI PRIZE 2018: Call for Nominations

From the mailbox:

CALL FOR NOMINATIONSISA RCSL PODGÒRECKI PRIZE 2018 FOR YOUNG SCHOLAR’S PUBLICATION The Podgòrecki Prize The ISA Research Committee on the Sociology of Law established the Podgòrecki Prize in 2004, to honour the memory of Adam Podgòrecki, the founding father of RCSL and a leading figure within the inter­national sociological community. The Prize Committee awards the prize annually for outstanding achievements in socio-legal research, in alternate years for either distinguished and out­standing lifetime achievements, or outstanding scholarship of a socio-legal researcher at an earlier stage of his or her career.  The prize for emerging socio-legal scholars will be a commemorative certificate and a money prize, to honour and encourage colleagues that have yet to leave a mark on the international level of production of socio-legal research but who have published one or more significant works within no later than 10 years of his or her doctorate. Publications can be in any language. For works in languages other than those familiar to the Prize Committee, the nominations should give some indication of the value of the work and provide selected translations. To consider works in less well-known languages, the Prize Committee can co-opt and consult other members of the research committee. General information about the prize and the Podgò­recki Prize rules can be found at:
http://rcsl.iscte.pt/rcsl_apodgpr.htm Call for 2018 nominationsIn 2018, the Prize will be awarded for an outstanding published study by an emerging socio-legal scholar. Previous winners of this prize have been Leonidas Cheliotis (2016), Iker Barbero (2014), Fatima Kastner and Stefan Larsson (2012), Flora di Donato (2010), Liora Israël (2008) and Kiyoshi Hasegawa (2006). The Study may be in the form of a book, an article or a series of articles. Nominations of emerging socio-legal scholars are invited for the 2018 Podgòrecki Prize. Candidates are eligible if they have published one or more significant works within 10 years of their doc­torate. Nominations require support from at least two members of the RCSL. Publications can be in any language. For works in languages other than those known by the prize committee, the nominations should ideally provide selected translations. It is desirable, but not essential, that nominees are members of RCSL. Nominations must include:the candidate’s CVa short statement from each nominator on the value of the candidate’s workcopies of relevant publications The members of the 2018 Podgòrecki Prize Com­mittee are Professor Hakan Hyden (Chair, Sweden), Professor Stefan Machura (U.K.) and Professor Susan Sterett (U.S.A.).

Nominations should be sent to the Chair of the committee, Hakan Hyden (hakan.hyden@soclaw.lu.se) to be received by 1 May 2018. The prize will be awarded at the ISA World Congress in Lisbon 10-13 September, 2018. 

ICYMI: The Art of Law: Three Centuries of Justice Depicted (Lannoo Publishers, 2016) @Lannoo

ICYMI: Vanessa Paumen, Tine van Poucke, Stefan Huygebaert, and Georges Martyn have published The Art of Law: Three Centuries of Justice Depicted (Lammoo Publishers, 2016).  Here from the publisher's website is a description of the book's contents (English).
'Law is an art, and the title The Art of Law reflects this concept: law reflected in art and law as an art.' Till-Holger Borchert, Director of Musea Brugge &; Renaat Landuyt, Mayor of the City of Bruges During the late-medieval period, law courts frequently commissioned paintings to grace their Aldermen chambers. Among the favourite themes were the so-called exempla iustitiae, examples of 'good' and 'bad' justice, derived from Biblical, historical and legendary tales. It was not until the Renaissance that the well-known image of Lady Justice took shape, recognised by her scales, sword and blindfold. In this book, depictions of the Last Judgement and other justice scenes, as well as allegories and visualisations of (sometimes gruesome) torture and execution practices are placed within an art-historical and legal-historical context. The authors' approaches to the highly popular theme of law and justice will appeal to both experts and novices with the subjects. For the exhibition, more than 120 works from Belgian and international collections, including private collections, are brought together, with masterpieces from Bruges forming the core of the exhibition.

Here is a link to a description of the book (original Dutch).

January 16, 2018

"Black Lightning," a New Superhero Show, Debuts on the CW @blacklightning @TheCW

Jason Johnson reviews the new superhero show, Black Lightning, for The Root. As he points out, it's not the first black superhero show to make it to the small screen, but he thinks it's the best by far.

More about Black Lightning: Variety's review here, THR's review here, Matt Webb Mitovich's  review for TVLine here.

The show premieres January 16 at 9 p.m., 8 Central time, on the CW. It stars Cress Williams (Hart of Dixie) as Jefferson Pierce, the hero of the title, Christine Adams as his ex-wife Lynn, James Remar as Pierce's sidekick Peter Gambi, Damon Gupton as Inspector Henderson, and Marvin "Krondon" Jones, III, as Tobias Whale, Black Lightning's nemesis.

Fitzpatrick and Varghese on Scalia in the Casebooks @VanderbiltU

Brian T. Fitzpatrick, Vanderbilt Law School, and Paulson Varghese, Vanderbilt Law School (Students), are publishing Scalia in the Casebooks in volume 84 of the University of Chicago law Review. Here is the abstract.
In the time since Justice Antonin Scalia’s untimely death, much has been written about what his influence has been and what his influence will be. In this Essay, we try to quantify Scalia’s influence in law school constitutional-law curricula by studying how often his ideas are explored in constitutional-law casebooks. In particular, relative to other justices, we look at how often Scalia’s opinions (for the Court, or his separate opinions) are excerpted in the principal cases and how often he is referred to by name in the notes preceding and following the principal cases. We find that Scalia is at or near the top of most of the metrics we explore here, but he does not tower over the competition. Indeed, the data reveal that perhaps the most important factor driving inclusion in our casebooks is seniority: chief justices and justices who led their ideological wings of the Court have a great deal of power to assign themselves opinions that are likely to end up in our casebooks. We find that the most notable exception in the data is not Scalia, but Justice Samuel Alito: he is included in our casebooks to an especially surprising extent given that, until this year, he has always been the most junior member of his wing of the Court.
Download the article from SSRN at the link.

Bhargavi on Manjula Padmanabhan's "Lights Out" @magnolialotus

Vasishta Bhargavi, RGM College of Engineering & Technology, has published The Marxist Analysis of Manjula Padmanabhan's 'Lights Out'. Here is the abstract.
The societal rules have been largely shaped by the male-dominated legislators and forces where there is a limited right to exist for a woman. The woman though married or unmarried or a prostitute the way the society looks at her is not changing though we are globalized. Indian women, in some ways, have also made some strides. Millions of women have joined the workforce. Leaders like the Prathibha Singh Patel, Sushma Swaraj, Anandiben are role models who show that women can rise to great heights. But one of the greatest tragedies in our country is that women are on their own when it comes to their safety. According to many studies, it’s understood that most of the rape cases of rape are never reported because of the stigma surrounding gang rape. Considering this wide scenario, this article touches on Indian women’s vulnerability with a Marxist approach. I have applied the Marxist approach to analyse literary text, Lights Out by Manjula Padmanabhan in Indian English Theatre. In her work, the author proposes the urgent need to address women’s subordinated position as they are subjected to different forms of discrimination. In this article, I have focused on difference issues such as gender discrimination, injustice, and fear of the law, police and judicial apathy. I conclude by suggesting recommendations for the improvement of women’s situation in India..
The full text is not available for download from SSRN.

January 15, 2018

Call For Applications: Erasmus School of Law Post-Doc Research Position

Erasmus School of Law (ESL) is appointing a post-doc researcher (1 year, renewable) in interdisciplinary studies of the rule of law and human rights to work within the research project Integrating Normative and Functional Approaches to the Rule of Law and Human Rights (INFAR). The post-doc researcher is expected to work closely with colleagues of the ESL and the International Institute of Social Studies (ISS) of Erasmus University Rotterdam.

The particular research project of the post-doc researcher should focus on a contextual (socio-legal or historical) analysis of a particular problem with a transnational or international dimension, in which legal values and policy objectives are in tension. The proposed research should either contribute to understanding law and policy dimensions of the rule of law, or of human rights.

In addition, the post-doc researcher is expected to assist with a range of key organizational tasks associated with the second phase of INFAR (2018-2020), including the organization of conferences and other meetings, the preparing of funding proposals and project reporting.

This is the link:

Schultz and Ost on Shakespearean Legal Thought in International Dispute Settlement @IHEID

Thomas Schultz, King's College London, School of Law, and Graduate Institute of International and Development Studies, and François Ost, Saint-Louis University, Brussels, have published Shakespearean Legal Thought in International Dispute Settlement. Here is the abstract.
In this article, the authors examine the contributions of Shakespearean legal thought to our understanding of core aspects of international dispute settlement. These aspects include: the sweeping role of masks in law and in the resolution of disputes; the construction and deconstruction of authority; the purpose of law in arousing desire and thus action; the limits in recognizing informal international law as law; the benefits of exaggeration; the problematic ambition of adjudicators; the key role of passion, against rationality, in understanding and dealing with international disputes; the decision-making resources to be found in logics of life; exercising measure in the enforcement and reach of law; remembering that law deals with human beings in our quest for law’s purity and systematic organization; resisting single-mindedness; the relevance of a dialectic form of proportionality; and the inescapable need to embrace uncertainty. The authors also discuss the general relevance of law & literature, and law & theatre, for all manner of legal professionals and review Shakespeare’s own legal background and thus his a priori ability to deal with legal matters.
Download the article from SSRN at the link.

Some Cities Ending Participation in Reality Show "Live PD," Citing Negative Image @OfficialLivePD

Some municipalities are ending their participation in A&E's popular reality show "Live PD," citing "image" problems. Law enforcement authorities in Tulsa, Oklahoma, and Streetsboro, Ohio, for example, say the show puts the spotlight on crime, instead of highlighting more positive sides of their cities. "Live PD" is now beginning its second season.

January 13, 2018

Gill on Law, Metaphor, and the Encrypted Machine @citizenlab

Lex Gill, University of Toronto, Munk School of Global Affairs, Citizen Lab, has published Law, Metaphor and the Encrypted Machine. Here is the abstract.
The metaphors we use to imagine, describe and regulate new technologies have profound legal implications. This paper offers a critical examination of the metaphors we choose to describe encryption technology in particular, and aims to uncover some of the normative and legal implications of those choices. Part I provides a basic description of encryption as a mathematical and technical process. At the heart of this paper is a question about what encryption is to the law. It is therefore fundamental that readers have a shared understanding of the basic scientific concepts at stake. This technical description will then serve to illustrate the host of legal and political problems arising from encryption technology, the most important of which are addressed in Part II. That section also provides a brief history of various legislative and judicial responses to the encryption “problem,” mapping out some of the major challenges still faced by jurists, policymakers and activists. While this paper draws largely upon common law sources from the United States and Canada, metaphor provides a core form of cognitive scaffolding across legal traditions. Part III explores the relationship between metaphor and the law, demonstrating the ways in which it may shape, distort or transform the structure of legal reasoning. Part IV demonstrates that the function served by legal metaphor is particularly determinative wherever the law seeks to integrate novel technologies into old legal frameworks. Strong, ubiquitous commercial encryption has created a range of legal problems for which the appropriate metaphors remain unfixed. Part V establishes a loose framework for thinking about how encryption has been described by courts and lawmakers—and how it could be. What does it mean to describe the encrypted machine as a locked container or building? As a combination safe? As a form of speech? As an untranslatable library or an unsolvable puzzle? What is captured by each of these cognitive models, and what is lost? This section explores both the technological accuracy and the legal implications of each choice. Finally, the paper offers a few concluding thoughts about the utility and risk of metaphor in the law, reaffirming the need for a critical, transparent and lucid appreciation of language and the power it wields.

Notes: DISCUSSION DRAFT ONLY As this document is a discussion draft, please do not cite or reproduce this work without the author’s written permission.
Download the article from SSRN at the link.

January 12, 2018

Witte on The Universal Rule of Natural Law and Written Constitutions in the Thought of Johannes Althusius @EmoryLaw

John Witte, Jr., Emory University School of Law, has published The Universal Rule of Natural Law and Written Constitutions in the Thought of Johannes Althusius, at Morality and Responsibility of Rulers: Chinese and European Early Modern Origins of a Rule of Law for World Order 167 (Janne Nijman and Tony Carty, eds., Oxford University Press, 2017).
Calvinist jurist Johannes Althusius (1557-1638) developed what he called a “universal theory” of law and politics for war-torn Europe. He called for written constitutions that separated the executive, legislative, and judicial powers of cities, provinces, nations, and empires alike and that guaranteed the natural rights and liberties of all subjects. To be valid, he argued, these constitutions had to respect the universal natural law set out in Christian and classical, biblical and rational teachings of law, authority, and rights. To be effective, these constitutions had to recognize the symbiotic nature of human beings who are born with a dependence on God and neighbor, family and community, and who are by nature inclined to form covenantal associations to maintain liberty and community. Althusius left comprehensive Christian theory of rule of law and political that anticipated many of the arguments of later Enlightenment theorists of social and government contracts.
Download the essay from SSRN at the link.

Roth-Isigkeit on Machiavelli's International Legal Thought @goetheuni

David Roth-Isigkeit, Goethe University Frankfurt, Cluster of Excellence Normative Orders, is publishing Niccoló Machiavelli's International Legal Thought – Culture, Contingency and Construction in System, Order, and International Law: The Early History of International Legal Thought (Stefan Kadelbach, Thomas Kleinlein, and David Roth-Isigkeit, eds., Oxford University Press, 2017). Here is the abstract.
This essay suggests a progressive reading of Machiavelli, relying on the unity of his national and international thought. It argues that his focus on the unification of political communities through the medium of law allows for a sophisticated theoretical understanding of international law. The essay starts with a discussion of the relationship of his biographical events and his social epistemology. It proceeds with the relationship of Machiavelli's concept of law as a governance tool to the area of morality and normativity. Ultimately, the focus lies on his understanding of imperialism and international relations in order to shape a novel understanding of Machiavelli that depicts him as a reasonable historical starting point for a modern, post-critical understanding of international law.
Download the essay from SSRN at the link.

In Science Magazine's January 20, 2018 Issue: The Legacy of "Frankenstein" @sciencemagazine

Science Magazine devotes its January 2018 issue to Frankenstein. Included are several articles on the novel and its legacy:

Jon Cohen, How a Horror Story Haunts Science

David Shultz and Adolfo Arranz, Creating a Modern Monster

Kai Kupferschmidt, Taming the Monsters of Tomorrow

For more on the law, popular culture, and science of Frankenstein, here's a selected bibliography.

Josh Gilliland, Justice for Frankenstein's Monster (on the 1931 film)

Bridget M. Marshall, The Transatlantic Gothic Novel and the Law, 1790-1860 (Routledge, 2011).

Lee McAuley,  The Frankenstein Complex and Asimow's Three Laws

John R. Reed, Will and Fate in Frankenstein

January 11, 2018

New From Cambridge University Press: Law and Literature, edited by Kieran Dolan @CambridgeUP

Forthcoming from Cambridge University Press:

Law and Literature (Kieran Dolan, ed. 2018). Here from the publisher's website is a description of the book's contents.

Law and Literature presents an authoritative, fresh and accessible new overview of the many ways in which law and literature interact. Written by a team of international experts, it provides a multi-focused history of literary studies' critical interest in ideas of law and justice. It examines the effects of law on writers and their work, ranging from classical tragedy to comics, and from East Africa to Elizabethan England. Over twenty chapters, contributors reveal the intricate and multivalent historical interactions between law and literature, both past and present, and trace the intellectual genesis of the concept of law in literary studies, focusing on major developments in the history of the interdisciplinary project of law and literature, as well as the changing ideas of law, and the cultural contests in which it has figured. Law and Literature will appeal to graduates and scholars working on the intersection between law and literature and in key related areas such as literature and human rights.
Provides a multi-focused history of literature's critical interest in ideas of law and justice
Explores how legal concepts and practices contribute to literary studies
Presents a history of law and literature, and its contemporary applications

Call For Papers: Jurilinguistics II: Interdisciplinary Approaches To the Study of Language and Law

Jurilinguistics II: Interdisciplinary Approaches to the Study of Language and Law
Universidad Pablo de Olavide (Seville, Spain) - October 25th and 26th, 2018

Dear colleague,

We hope that this message reaches you well. You may find attached the Call for Papers for the symposium Jurilinguistics II: Interdisciplinary Approaches to the Study of Language and Law, to be held at the Universidad Pablo de Olavide (Seville, Spain) on 25-26 October 2018. After the successful first edition in 2016, we have decided to continue this initiative, which aims at offering a solid background not only into the professionalisation in language and Law; but also at exploring new areas of study and/or research. This time, we are pleased to announce that our confirmed keynote speakers will be Carmen Bestué (Autonomous University of Barcelona, Spain), Jan Engberg (Aarhus University, Denmark), Eva Pons (University of Barcelona, Spain) and Lawrence Solan (Brooklyn Law School, United States).  

To this regard, the organising committee would like to receive proposals of papers and/or panels on the following relevant topics, but not restricted:
·         Legal Translation
·         Court Translation and Interpreting and international asylum seeking
·         Translation and Interpreting at international and European institutions
·         Legal language: research, teaching and learning
·         Legal training for translators and interpreters: regulation, professional and ethical issues of Legal, Sworn and Court Translation
·         Bilingual teaching and/or learning in Law
·         Linguistic research methods applied to Law
·         Terminological research in Law
·         Legal corpus analysis
·         Accessibility in Courts: sign language and other means of accessibility in legal settings
·         Processing and drafting of multilingual documents in international organisations
·         Law and multilingualism: bilingual and multilingual legislation
·         Translation and Interpreting in court settings and international Police cooperation
·         Human rights and language: the right to interpreting
·         Transsystemic approaches to the study of Comparative Law and language
·         Linguistic and intercultural mediation in legal settings
·         Minoritised languages: legal language, terminological normalization, planning

We welcome proposals from professionals and researchers in both disciplines. Abstract submissions (in English or Spanish) should include a title and a 400-word summary of the paper, along with a brief biography of the author(s). These details should be submitted electronically to jurilinguistica@upo.es before March 1st, 2018.

All the relevant information can be found on the conference official website (http//www.jurilinguistica.com), but you may address any queries to the submissions e-mail.

We hope that the topics to be covered in our event are of interest to you, and we would kindly appreciate if you could circulate the Call for Papers (which you may download here) among your colleagues.

Looking forward to your participation and hearing more back from you.

The organising committee

Juan Jiménez Salcedo (Universidad Pablo de Olavide, Spain)
Javier Moreno Rivero (University of California, Los Angeles)

Swanson on The Corset @KaraWSwanson

Kara W. Swanson, Northeastern University School of Law, is publishing The Corset in A History of Intellectual Property in 50 Objects (Dan Hunter and Claudy Op Den Camp, eds., Cambridge University Press, 2018). Here is the abstract.
Two centuries ago, women and girls throughout the United States reached for one piece of technology first thing in the morning, and kept it with them all day long -- the corset. Although earlier men had worn corsets, the corset’s purpose by the mid-nineteenth century was to create the public shape of the female body. It emphasized (or depending on the whims of fashion, deemphasized), bust, waist, and hips in ways intended to accentuate differences between male and female. Today, the corset still fascinates, an emblem of femininity that appears on fashion runways, the concert stage (famously worn by pop star Madonna), and in blockbuster movies (Rocky Horror Picture Show, Gone with the Wind). Less visible are the ways the corset as an object of intellectual property has exposed the masculine assumptions in our understanding of technology, patents, and law.
Download the essay from SSRN at the link.

Witte on The Legal Turn of the Reformation @EmoryLaw

John Witte, Jr., Emory School of Law, has published The Legal Turn of the Reformation at Luther--95 Treasures 451 (Wittenberg: Stiftung Luthergedenstaetten in Sachsen-Anhalt, 2017). Here is the abstract.
The Lutheran Reformation revolutionized both church and state, theology and law. This brief essay sketches the legal influence of the Reformation, building on Luther’s opening call for religious freedom and his more complex theory of the two kingdoms.
Download the essay from SSRN at the link.

Ginsburg on The 1593 Antonio Tempesta Map of Rome @ColumbiaLaw

Jane C. Ginsburg, Columbia Law School, is publishing The 1593 Antonio Tempesta Map of Rome in A History of IP in 50 Objects (Dan Hunter and Claudy Op Den Kamp, eds., Cambridge University Press, 2018). Here is the abstract.
This Essay examines Florentine painter and engraver Antonio Tempesta’s 1593 petition for a Papal printing privilege on his great bird’s-eye view Map of Rome. The arguments Tempesta made in support of his request for the exclusive rights to print, sell and control variations on his map evoke justifications spanning the full range of modern intellectual property rhetoric, from fear of unscrupulous competitors, to author-centric rationales. Invocations of labor and investment and unfair competition-based justifications were familiar – indeed ubiquitous – in Tempesta’s time, and still echo today. Long before the 1710 British Statute of Anne (vesting exclusive rights in authors), the precursor regime of printing privileges had well understood printing monopolies to be incentives to intellectual and financial investment. The pre-copyright system thus firmly established one of the philosophical pillars of modern copyright law. Tempesta’s petition, however, goes further than its antecedents with respect to the second pillar of modern copyright law, the natural rights of the author, a rationale that roots exclusive rights in personal creativity. Tempesta focused the rights on the creator, and equated creativity with his personal honor, thus foreshadowing a moral rights conception of copyright.
Download the essay from SSRN at the link.

January 10, 2018

Dave Toschi, SF Officer Who Inspired Steve McQueen's Character in "Bullitt," Dies at 86

Dave Toschi, the San Francisco police officer who inspired Steve McQueen's character in the film Bullitt (1968) and who was played by Mark Ruffalo in Zodiac (2007), has died. He was 86. More here from the San Francisco Chronicle.

More about the Zodiac killings here.

Deadline Extended: 2018 Law & Humanities Junior Scholar Workshop CFP Is Now January 15, 2018

Deadline extended:
CALL FOR PAPERS – 2018 Law & Humanities Junior Scholar Workshop[UPDATE:  The deadline for submissions to the 2018 Law & Humanities Junior Scholar Workshop has been extended to Monday, January 15, 2018.  We welcome submissions from all untenured professors, advanced graduate students, and post-doctoral scholars doing scholarly work in law and the humanities.]Columbia Law School, the University of Southern California Center for Law, History & Culture, UCLA School of Law, Georgetown University Law School, Stanford Law School, and the University of Pennsylvania invite submissions for the annual meeting of the Law & Humanities Junior Scholar Workshop, to be held at Stanford Law School in Palo Alto, California, on June 4 and 5, 2018.  PAPER COMPETITION:The paper competition is open to untenured professors, advanced graduate students, and post-doctoral scholars in law and the humanities. In addition to drawing from numerous humanistic fields, we welcome critical, qualitative work in the social sciences.  Based on anonymous evaluation by an interdisciplinary selection committee, between five and ten papers will be chosen for presentation at the June Workshop.  At the Workshop, two senior scholars will comment on each paper.  Commentators and other Workshop participants will be asked to focus specifically on the strengths and weaknesses of the selected scholarly projects, with respect to subject and methodology.  The selected papers will then serve as the basis for a larger conversation among all the participants about the evolving standards by which we judge excellence and creativity in interdisciplinary scholarship, as well as about the nature of interdisciplinarity itself.Papers must be works-in-progress that do not exceed 15,000 words in length (including footnotes/endnotes); most papers selected for inclusion in recent years have been at least 10,000 words long.  An abstract of no more than 200 words must also be included with the paper submission.  A dissertation chapter may be submitted, but we strongly suggest that it be edited so that it stands alone as a piece of work with its own integrity.  A paper that has been submitted for publication is eligible for selection so long as it will not be in galley proofs or in print at the time of the Workshop; it is important that authors still be in a position at the time of the Workshop to consider comments they receive there and incorporate them as they think appropriate in their revisions.  We ask that those submitting papers be careful to omit or redact any information in the body of the paper that might serve to identify them, as we adhere to an anonymous or “blind” selection process.The selected papers will appear in a special issue of the Legal Scholarship Network; there is no other publication commitment.  (We will accommodate the wishes of chosen authors who prefer not to have their paper posted publicly with us because of publication commitments to other journals.)  The Workshop will pay the domestic travel and hotel expenses of authors whose papers are selected for presentation.  For authors requiring airline travel from outside the United States, the Workshop will cover such travel expenses up to a maximum of $1000.Submissions (in Word, no pdf files) will be accepted until January 15, 2018, and should be sent by e-mail to:  juniorscholarsworkshop@sas.upenn.edu.    Please be sure to include your name, institutional affiliation (if any), telephone and e-mail contact information in your covering email (not in the paper itself).
For more information, please send an email inquiry to juniorscholarsworkshop@sas.upenn.edu.  To see selected papers from some of the previous years’ workshops, go to: http://www.law.columbia.edu/center_program/law_culture/lh_workshop.  Anne Dailey, University of Connecticut Law SchoolKatherine Franke, Columbia Law School Sarah Barringer Gordon, University of PennsylvaniaNan Goodman, University of Colorado
Ariela Gross, University of Southern California Naomi Mezey, Georgetown University Law Center Paul Saint-Amour, University of PennsylvaniaHilary Schor, University of Southern California Norman Spaulding, Stanford Law SchoolClyde Spillenger, UCLA School of Law Nomi Stolzenberg, University of Southern CaliforniaMartha Umphrey, Amherst College  Conveners

January 6, 2018

January 5, 2018

An Interesting Twitter Feed: @PopDetective

A twitter feed to follow: @PopDetective. @PopDetective is run by Jonathan McIntosh, who creates video essays about pop culture. More below.

WELCOME TO THE POP CULTURE DETECTIVE AGENCY! A series of critical video essays looking at media through a critical lens with an emphasis on the intersections of politics, masculinity and entertainment.

ABOUT THE PROJECT This video essay series primarily focuses on examining the representations of masculinity that we see embedded in movies, television, comic books and video games. The messages pop culture sends to men and boys about our own manhood are often both limiting and harmful. The critical analysis I use is inspired by both sociology and feminist theory. My hope is that this video series can open up conversations about how we, as a society, can work to achieve more constructive, cooperative and empathetic forms of masculinity.
Mr. McIntosh also curates the twitter feed @radicalbytes.

January 2, 2018

Marrani on Space, Time, Law: From Archaic Rituals to Contemporary Perspectives @Doubledegree @routledgepublishing @InstofLawJersey

David Marrani, Director, Institute of Law, Jersey, has published Space, Time, Law: From Archaic Rituals to Contemporary Perspectives (Routledge, 2017). Here from the publisher's website is a description of the book's contents.
This book merges philosophical, psychoanalytical and legal perspectives to explore how spaces of justice are changing and the effect this has on the development of the administration of justice. There are as central themes: the idea of transgression as the starting point of the question of justice and its archaic anchor; the relation between spaces of justice and ritual(s); the question of use and abuse of transparency in contemporary courts; and the abolition of the judicial walls with the use of cameras in courts. It offers a comparative approach, looking at spaces of justice in both the civil and common law traditions. Presenting a theoretical and interdisciplinary study of spaces of justice, it will appeal to academics in the fields of law, criminology, sociology and architecture.

Space, Time, Justice: From Archaic Rituals to Contemporary Perspectives (Hardback) book cover 

January 1, 2018

I'm Not a Lawyer, But I Play One In the Movies @ABAJournal

From the August 2014 issue of the ABA Journal: 12 films with scenes that dramatize what lawyers do, or don't do, effectively, and why. Some of the films highlighted include Anatomy of a Murder and I Am Sam.

December 31, 2017

Call For Applications: Postdoctoral Research Fellowships, Central European University Legal Studies Department

From the mailbox: (via kimlane@princeton@edu)

At Central European University, Budapest (site for the Law and Society annual meeting in 2001):  Application deadline 15 January.
 Central European University's Legal Studies Department Two Postdoctoral Research Fellowships
Demise of Constitutionalism/Legal Studies Department
Central European University's Legal Studies Department invites applications for two 12-month fixed-term Postdoctoral/Research Fellowships as part of its Demise of Constitutionalism Project funded by CEU's Intellectual Themes Initiative. Applications are welcome continuously until the fellowships are awarded to suitable candidates.
DUTIES AND RESPONSIBILITIES: The fellowship recipient will be expected to conduct original research within the Project team on the demise of constitutionalism and its academic (curricular) implications in an interdisciplinary perspective.
JOB QUALIFICATIONS: Applicants for a postdoctoral research fellowship must have a Ph.D. or equivalent in law, political theory, government, political science, economics (political economy), history (history of illiberalism), social psychology or a related field. A research grant applicant must have a J.D. or equivalent degree. PH.D, or its equivalent in the above listed areas is welcome.
DURATION: Both fellowships will be offered for a fixed term of twelve months. The first fellowship start date is February 1st, 2018 and the second June 2018 (negotiable).
COMPENSATION: The fellowships are funded by a research project of CEU coordinated by Professor Andras Sajo. The Research Fellows will receive a monthly non-taxable stipend commensurate to the academic project and will cover living expenses and sufficient to cover mandatory health insurance.
APPLICATION PROCEDURE: Applicants need to submit:
- CV (complete with a list of publications)
- A 500-word original essay on the relevance of illiberalism in the applicant's area of expertise, and
- Contact information for two referees other than their doctoral supervisor.
Please send your complete application package to: advert026@ceu.edu - including the following code in subject line: 2018/026
Applications will be considered from January 15th, 2017. The posts are funded by a research grant of CEU coordinated by Professor Andras Sajó.
ABOUT CEU: Central European University (CEU) is a graduate research-intensive university specializing in the social sciences, humanities, law, public policy and management. It is located in Budapest, and accredited in the United States and Hungary. CEU's mission is to promote academic excellence, state-of-the-art research, research-based teaching and learning and civic engagement, in order to contribute to the development of open societies in Central and Eastern Europe, the former Soviet Union, and other emerging democracies throughout the world. CEU offers both Master's and Doctoral programs, and enrolls more than 1,400 students from over 100 countries. The teaching staff consists of more than 180 resident faculty, from over 50 countries, and a large number of prominent visiting scholars from around the world. The language of instruction is English.
For more information, please visit http://www.ceu.edu

December 23, 2017

Lloyd on Theory and Practice: The Inherent Inseparability of Doctrine and Skills @LloydEsq

Harold Anthony Lloyd, Wake Forest School of Law, has published Theory Without Practice Is Empty; Practice Without Theory Is Blind: The Inherent Inseparability of Doctrine and Skills in The Doctrine Skills Divide: Legal Education's Self-Inflicted Wound 77 (Linda H. Edwards, ed., 2017). Here is the absbtract.
This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: (1) the essential role of experience in meaning, (2) the resulting inseparability of theory and practice in the world of experience, (3) problems the divide shares in common with debunked Cartesian dualism, and (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards.
Download the essay from SSRN at the link.

December 21, 2017

Abrams on the Cuban Missle Crisis, Barbara Tuchman, and the "Art of Writing" @MIzzouLaw

Douglas E. Abrams, University of Missouri School of Law, has published The Cuban Missile Crisis, Historian Barbara W. Tuchman, and the 'Art of Writing'at 73 Journal of the Missouri Bar 268 (Sept.-Oct. 2017). Here is the abstract.
Professor Abrams authors a column, Writing it Right, in the Journal of the Missouri Bar. In a variety of contexts, the column stresses the fundamentals of quality legal writing - conciseness, precision, simplicity, and clarity. Future columns will be posted as they are published every three months or so.

Download the article from SSRN at the link. 

December 20, 2017

ICYMI: Fatal Fictions: Crime and Investigation in Law and Literature (OUP, 2017) @OxUniPress

ICYMI: Fatal Fictions: Crime and Investigation in Law and Literature (Alison L. LaCroix, Richard H. McAdams, and Martha C. Nussbaum, eds., Oxford University Press, 2017).\ Here is a description of the book's contents from the publisher's website.
Writers of fiction have always confronted topics of crime and punishment. This age-old fascination with crime on the part of both authors and readers is not surprising, given that criminal justice touches on so many political and psychological themes essential to literature, and comes equipped with a trial process that contains its own dramatic structure. This volume explores this profound and enduring literary engagement with crime, investigation, and criminal justice. The collected essays explore three themes that connect the world of law with that of fiction. First, defining and punishing crime is one of the fundamental purposes of government, along with the protection of victims by the prevention of crime. And yet criminal punishment remains one of the most abused and terrifying forms of political power. Second, crime is intensely psychological and therefore an important subject by which a writer can develop and explore character. A third connection between criminal justice and fiction involves the inherently dramatic nature of the legal system itself, particularly the trial. Moreover, the ongoing public conversation about crime and punishment suggests that the time is ripe for collaboration between law and literature in this troubled domain. The essays in this collection span a wide array of genres, including tragic drama, science fiction, lyric poetry, autobiography, and mystery novels. The works discussed include works as old as fifth-century BCE Greek tragedy and as recent as contemporary novels, memoirs, and mystery novels. The cumulative result is arresting: there are "killer wives" and crimes against trees; a government bureaucrat who sends political adversaries to their death for treason before falling to the same fate himself; a convicted murderer who doesn't die when hanged; a psychopathogical collector whose quite sane kidnapping victim nevertheless also collects; Justice Thomas' reading and misreading of Bigger Thomas; a man who forgives his son's murderer and one who cannot forgive his wife's non-existent adultery; fictional detectives who draw on historical analysis to solve murders. These essays begin a conversation, and they illustrate the great depth and power of crime in literature.


Chapter 1. Scott Turow, On My Careers in Crime

Part I: Criminal Histories
Chapter 2. Daniel Telech, Mercy at the Areopagus: A Nietzschean account of Justice and Joy in the Eumenides
Chapter 3. Barry Wimpfheimer, Suborning Perjury: A Case Study of Narrative Precedent in Talmudic Law
Chapter 4. Alison LaCroix, A Man for All Treasons: Crimes By and Against the Tudor State in the Novels of Hilary Mantel
Chapter 5. Marina Leslie, Representing Anne Green: Historical and Literary Form, And the Scenes of the Crime in Oxford, 1651
Chapter 6. Richard Strier & Richard McAdams, Cold-Blooded and High Minded Murder: The Chapter 7. Pamela Foa, What's Love Got To Do With It? Sexual Exploitation in Measure for Measure: A Prosecutor's View

Part II: Race and Crime 
Chapter 8. Justin Driver, Justice Thomas and Bigger Thomas
Chapter 9. Martha Nussbaum, Reconciliation Without Anger: Paton's Cry, the Beloved Country

Part III: Responsibility and Violence 
Chapter 10. Saul Levmore, Kidnap, Credibility, and The Collector.
Chapter 11. Jonathan Masur, Premeditation and Responsibility in The Stranger
Chapter 12. Saira Mohamed and Melissa Murray, Walking Away: Lessons from Omelas
Chapter 13. Mark Payne, Before the Law: Imagining Crimes against Trees

Part IV: Suspicion and Investigation 
Chapter 14. Caleb Smith, Crime Scenes: Fictions of Security in the Antebellum American Borderlands 
Chapter 15. Steven Wilf, The Legal Historian as Detective 


Gainford on the Historical Persecution of Women and the Birth of Female Criminality @leedslawschool

Amy Gainford, University of Leeds School of Law, has published Mad, Bad or Sad? The Historical Persecution of Women and the Birth of Female Criminality. Here is the abstract.
Throughout history the notion of the ‘female criminal’ has been something of a taboo, an almost morbid curiosity to male dominated societies. As such through misogynist crusades they have attempted to eradicate the world of any women who did not meet the criteria that society dictates. Women who were outspoken and passionate were condemned. Numerous methods were employed to keep women in their place. From the early persecution of witch-hunts in the 15th-17th century to the medicalization of their melancholy in the Victorian era, women were suppressed. Early criminologists ‘discovered’ the biological elements of female criminality and contemporary Criminal Justice System and the mainstream media perpetuated this image. In doing so the disdain from the general public towards criminal women has grown. Often the combination of public hatred and the media’s macabre portrayal creates something of a modern day witch-hunt against these women. Perhaps this is because events of the past ‘demonstrate’ women behaving badly or because of misogyny so deeply ingrained within out society that we cannot escape it. These beliefs that women are fundamentally, biologically evil have seeped into mainstream societal systems that aim to serve the people but instead persecute an entire sub-section of society.
Download the article from SSRN at the link.

December 19, 2017

Szifris on Socrates and Aristotle: The Role of Ancient Philosophers in the Self-Understanding of Desisting Prisoners @KirstineSzifris @LoaderIan

Kirstine Szifris, University of Cambridge, has published Socrates and Aristotle: The Role of Ancient Philosophers in the Self‐Understanding of Desisting Prisoners at 56 Howard Journal of Crime and Justice 419 (2017). Here is the abstract.

This article argues that providing a forum for philosophical conversation within prison education is relevant to the self‐understanding and desistance of prisoners. Semi‐structured interviews with 20 participants of an in‐prison philosophy class in Scotland investigated the personal relevance of engaging in philosophical dialogue. Findings demonstrated that philosophical dialogue develops participants' self‐understanding, providing vocabulary for alternative self‐definition. The philosophy class achieved this by encouraging self‐reflection, developing communication skills, and providing a forum for positive prosocial interaction with peers. These skills are essential in reframing self‐understanding which is, in turn, essential to desistance. 

The full text is not available from SSRN.

Southampton Law School Accepting Applications for Doctoral Students in Law and Literature @UofSLawSchool

PhD Studentship: PhD in Law and Literature

Southampton Law School

Location:  Highfield Campus
Closing Date:   Thursday 15 February 2018
Reference:  FBLA-LAW-009
A large part of legal scholarship involves exposing the unacknowledged assumptions, biases and prejudices that those vested with legal authority rely upon, and their failures to appreciate important contextual dimensions or the unintended side effects of particular rules and interpretations. But in this respect scholars must be wary of the dangers of asserting a picture of the ‘true nature of things’ only to be exposed for falling into the same sorts of errors. In a climate of scepticism about the possibility of cutting through rhetoric to get to an authentic truth, critical scholarship that is attuned to these risks will find itself retreating into a discussion about what particular sorts of narrative brings to light urgent and important problems in the most effective and useful way. Notwithstanding implications that this has for the possibility of ‘speaking truth to power’, this surrender/disavowal of the high ground of objectivity has enabled the discipline of ‘law and literature’ to gain a certain amount of respectability as a way of doing legal scholarship. Practitioners of law and literature thus make stories or narratives – the means of their construction, their effects, implications and consequences – the target of critique (whether they be those of judges, legislators, novelists, dramatists, poets, lawyers, journalists, political activists, other scholars and so on) as well as the product of our labour. 
We invite applications for doctoral study in any aspect of law and its indebtedness to the literary: the power of narratives, storytelling and affect.
  • The successful candidate will start on 1 October 2018. The scholarship will offer full tuition fee and maintenance funding for 3 years. The doctoral stipend for 2017/18 is currently £14,000.
  • This studentship is only available for full time programmes and is open to applicants from the UK, the EU and overseas.
  • As part of the application you will be required to submit a CV, research proposal, degree certificate and transcripts, two academic references and proof of English language proficiency. 
  • The deadline for applications is 15 February 2018. Incomplete applications will not be considered.
  • Shortlisted candidates will be informed of interview arrangements between February and March 2018.
  • The awards will be allocated by end of April, with the outcome being communicated to the candidates in May.
If you wish to discuss any details of the studentship informally, please contact:
  • Postgraduate Research Admissions, Faculty of Business, Law and Art, Email: pgrapply.fbl@soton.ac.uk Telephone: +44(0)23 8059 2562.
To apply please follow the ‘Apply’ link on the following webpage:

CFP: The Body and Human Rights: A Symposium to be Held at Friends House, Kings Cross, London, February 12, 2018 @Bruneluni @DimitriosGian

From the mailbox (via the ever-vigilant Thom Giddens!):

 The Body and Human Rights

A symposium to be held at
Friends House, 173-177 Euston Rd, Kings Cross, London NW1 2BJ on Monday 12 February, 2018

 Hosted by Brunel University London's Global Lives Research Centre, Knowing Our  Rights research project, and Britain in Europe think tank.
Convened by Dimitrios Giannoulopoulos and Meredith Jones
 In recent decades the body has become a major area of research across many disciplines, especially in the arts and social sciences. Feminist scholars have made important interventions in the ways that bodies are represented, managed, regulated, treated medically, and modified. Simultaneously, human rights scholars have engaged with challenging questions of how the human body should be legally understood and defined, and what may legitimate the State to become involved with individual choices about what to do with one's body (or how individuals might protect their autonomy from state invasions). This symposium will draw together these two areas. We invite scholars from any discipline to submit abstracts for 15-minute papers that address the body and human rights. Topics may include (but are by no means limited to):

Refugee Bodies and Borders
Transgender Issues
Abortion / Contraception
Body Modifications
Healthcare / Surgery
Egg harvesting / sperm donation
 Please send titles and brief abstracts for consideration to meredith.jones@brunel.ac.uk by Wednesday 10 January.