Category: Law and Humanities

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Nothing so Lovely as a Tree

The books featured in this third top on our gallery tour—the case “Diagramming the Law”—all use images to overcome the limits of language for conveying complex legal and conceptual analysis.

We think they can point us to insights about the way law works in the world, and how it’s historically worked through images—especially images in books.

For centuries, the most common illustration in law books was a visual metaphor drawn from the natural world: the tree. As a graphic device—a chart—used in legal textbooks and treatises, trees of consanguinity and affinity helped readers grasp the legal significance of kinship for marriage and inheritance. The very first image in a printed law book, in 1473, was a tree of consanguinity.

We could have filled the entire Grolier Club exhibition hall with images, images, and more images—of trees … oh, man, could we ever (no, seriously, we could have).

Looking at them arrayed together across the big wooden tables of the Yale Law Library rare book gave new force to the idea—developed by the post-structuralist theorists Deleuze and Guatarri—that the western cultural and intellectual tradition is characterized by “arborescent thought.”

A “tree grows in our minds”? Our thinking is structured by this metaphor?

You’d better believe it—perhaps especially within the common law tradition, where the organic comparison fits so well.

By depicting legal relationships in spatial terms, trees represent those relationships more efficiently than is possible through language alone. They thus stand beside their text neither as allegories of the spirit of the whole, as we saw in our first case, nor as illustrations of a specific part, as in case two, but rather as concise charts of an extended structure of analysis.

The metaphor of the tree long persisted as a beguiling way to depict kinship and its legal consequences.

Yet the success of the tree also gave bud to new ways to crisply display legal and conceptual relationships, and those are represented throughout the case, too. On the very right-hand side, you can spy the colorful Atlas of German Law, which substantially advanced the tradition in contemporary Germany. We were happy to have its author, Eric Hilgendorf, speak at a recent symposium about the exhibit.

This post begins with an image from the seminal, first work of English jurist William Blackstone, which concerns a question of legacy admission to All Souls College, Oxford. In the words of legal historian S.F.C. Milsom, Blackstone’s creative use of graphic aids enabled him “to compress into a single chapter the mass of detailed rules which would in every possible case identify who a man’s heir was.”

The image above is an innovative descendant of hundreds of years of tradition in legal publishing.

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William Blackstone, An essay on collateral consanguinity. London: W. Owen … and R. Clements, in Oxford, 1750.

Mark S. Weiner & Mike Widener

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For the next stop on our tour, click here.

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ROUNDUP: Law and Humanities 10.20.17

Some news from the world of law and humanities.

Some Conferences, Calls for Papers, and Calls for Panelists

 

The American Constitutional Society for Law and Policy,  Barry University Law School Student Chapter, and Texas A&M University School of Law are hosting the Third Annual Constitutional Law Scholars Forum at Barry University School of Law in Orlando, FL, March 2, 2018.

Here is a link to the Call for Papers. The deadline to submit is December 1, 2017.

The Constitutional Law Scholars Forum invites scholarly proposals on constitutional law at any stage of pre-publication development, from the germination of an idea to the editing stage.  The Forum provides an opportunity for scholars and educators to vet their work-in-progress in a welcoming, supportive environment.  (The Forum is not accepting proposals from students at this time.)

Barry University School of Law is located within close proximity to recreational activities: Universal Studios, Disney World, Epcot Center, Sea World, world class golf courses, and beaches.  Orlando offers an average temperature of 78°F in March/April.

There are no conference fees and meals are provided, but participants are expected to pay their own travel expenses.

Abstract Submissions:

Email proposals to Professor Eang Ngov, engov@barry.edu, with “Constitutional Law Scholars Forum” in the subject line.  Submissions should include a short abstract (300 words maximum) and biography (150 words maximum).

Conference Organizers: 

Professor Eang Ngov, engov@barry.edu, office (321) 206 -5677, cell phone (571) 643-2691;   Professor Meg Penrose, megpenrose@law.tamu.edu.

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Call For Papers: Cities as Ill Bodies in Films and Series

From Anne Wagner, Associate Professor, EIC of the International Journal for the Semiotics of Law, and Co-Editor of the Series “Law, Language and Communication”

City is a living organism. It is built around a centre – the heart – that provides wealth, prosperity and work to citizens (i.e. the business centre). Transportation arteries are constructed to cut traffic congestion and to facilitate the link between dormitory rings and the business centre. City is like a living monster. It needs expansion, exposure, recognition, security and regeneration. City suffers. Congestion is far too important and the lack of security is the core issue for the Town Hall and its inhabitants. The most urgent matter concerns the close link between the regeneration of cities and their environment in order to maintain peace, comfort, discretion and visibility for all. City is an ill body with signs and symptoms that need to be treated and cured to restore its utility value to its inhabitants. The overall aim of a City is to guarantee simultaneously and paradoxically a high level of individual freedom and an order in which such freedom is made possible and guaranteed.

The intersections of Films/Series and Law represent a significant and prospective research. This edited volume will seek to explore the perception of cities in Films and Series worldwide. It will encourage a plurality of approaches for the understanding and practice of justice, morality and protection of citizens. Contributors may choose to explore semiotic, rhetorical, pragmatic, sociolinguistic, legal, psychological, philosophical and/or visual perspectives on Cities as ill bodies.

This edited volume could explore (but is not limited to) the richly complex manifestations of Cities as ill bodies in the following ways:

– What is an ill city? (State disorder, lawless cities, rebellion, revenge, etc.)

– How is provided the atmosphere in “ill cities”?

– How are power structures and citizens represented?

– What are the aesthetic and visual processes?

– How is organized the screenplay?

– How is captured the ideas of “peace”, “security”, “comfort”, “visibility”, “discretion” and/or “regeneration” in Films and Series?

– How does law try to regulate “cities as ill bodies”?

– What are the investigated related approaches to deal with violence, rights, justice, morality, sovereignty, or any other relevant field?

Submission information:

Email submission to Anne Wagner (valwagnerfr@yahoo.com)

Abstracts of 300 words (max.) can be submitted by 28 February 2018 to Anne Wagner with decisions made by March 2018.

Full papers of 25 000 words (max) will have to be sent by September 2018 with final decisions by November 2018.

 

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Watch Your Head

A woman heedlessly dumps a chamber pot from a second-story window. A group of clergy physically block laity from assembling around an altar. A bearded man furtively moves a boundary stone.

Welcome to the second stop on our exhibit tour of “Law’s Picture Books.”

The illustrations in this case—“Depicting the Law”—use figurative images to depict specific legal rules. They show not the symbolic, but the concrete. What knives are prohibited on the streets in seventeenth-century Genoa? Look to the image—there is the law:

In contrast to the images in “Symbolizing the Law,” the images in this case generally don’t appear at the start of books. Instead, they appear directly next to the legal language they illustrate.

They can tell us a lot not only about the history of law, but also about the history of culture and society, because they often include rich details from daily life.

This publishing tradition has ancient roots. It begins with the thirteenth-century Sachsenspiegel, an extraordinary compilation of Germanic customary law that remains unsurpassed in its seamless integration of text and image. And it continues up through the modern era—for instance in the charming Textbook of Aerial Laws that we were delighted to put on display.

Yet there also are major gaps within this history: on the European continent, such images largely disappear in eighteenth-century publishing, and there are almost none in the entire Anglo-American tradition. We don’t know why, and we hope our exhibit will encourage people to look for answers.

What about that heedlessly-dumped chamber pot?

Joost de Damhoudere’s treatise on criminal law stood out from the competition for its lively depictions of specific crimes, shown in a suite of five dozen woodcuts. The illustration that begins this post shows pedestrians fleeing the falling household garbage—or worse—unlawfully thrown onto public streets. The book was one of the most successful books in the entire history of legal literature, appearing in thirty-nine editions in four languages between 1554 and 1660. Twenty-three of these editions were illustrated, making it also one of the most successful illustrated books in any genre.

Scholars know that the illustrations were Damhoudere’s idea—he railed against lazy and expensive illustrators for failing to provide images for some his chapters.

Image

Joost de Damhoudere, La practique et enchiridion des causes criminelles. Louvain: Etienne Wauters & Johan Bathen, 1555. Illustrations by Gerard de Jode. Acquired with the John A. Hoober Fund.

Mark S. Weiner and Mike Widener

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To continue the tour, click here.

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Our Tour Begins

Welcome to our virtual gallery tour of “Law’s Picture Books” at the Grolier Club, which we introduced in yesterday’s post. Our gallery consists of ten cases, each of which features images that serve a particular function or goal in legal publishing.

Today we’d like to show you the first case, “Symbolizing the Law.” It features books that contain allegorical images of law. What do law’s images do? For one, they represent law’s abstract ideals—indeed, images often convey those ideals much more effectively than can words alone.

You could talk to someone all day long about how law is no respecter of persons, or about the importance of its being applied with neutrality. Or you could just show them an image of Lady Justice. Allegorical images are central to the history of law book publishing—and, in the case of Lady Justice, to its brand identity.

Viewed collectively, the images of Lady Justice in this case illustrate a number of trends. You can see her transformation from an allegorical image to a trademark, much like the barber’s striped pole. In her early incarnations, Lady Justice is often appropriated to legitimate the power of the state or the sovereign, as in the statutes of Venice and Genoa that we have on display. Later, she’s used as a polemical device in the literature of law reform and social protest, as in the pamphlet we feature calling on the governor of California to pardon the radical labor leader Tom Mooney.

There are a number of curious things to recognize about the images in this case.

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Law’s Picture Books

As the Wall Street Journal reported a few weeks back (along with the New Yorker and the Frankfurter Allgemeine), the two of us recently opened an exciting exhibition in New York about the history of illustrated law books.

The exhibit is called “Law’s Picture Books: The Yale Law Library Collection,” and it includes over 140 items drawn from Yale’s unique collection in the field—which Mike developed. The exhibit is accompanied by a 220-page, full-color exhibition catalogue, as well as a companion exhibit at Yale Law School.

Here are a few snaps from the gallery at the Grolier Club, near the corner of Park and 60th, where the exhibit is on display until November 18:

Over the next ten posts, we’d like to share some images from the exhibit with the readers of Concurring Opinions, and we’d like to reflect a bit on their meaning. We think they’re fascinating, mysterious, beautiful, and intriguing—and that they can teach us a lot about law.

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Hillbilly Elegy as Rorschach Test

I have already made clear in a prior post some of the reasons I am not a big fan of Hillbilly Elegy: A Memoir of a Family and Culture in Crisis, J.D. Vance’s best selling 2016 memoir:  I think Vance is using his personal narrative to advance a neo-con agenda (and I will freely admit I don’t trust anyone who would work with Peter Thiel).  Further, I don’t think the book lives up the hype.

But lots of folks I know and respect do like the book, and they have been willing to defend it.  Following are my recollections of some of the conversations I have had about Hillbilly Elegy, most of them initiated by my friends and acquaintances rather than by me–for whatever that’s worth.  In any event, recalling these has me pondering the book as “Rorschach test,” that in which we can see what we choose to see.

Family, Luck and the Luck of Family.  When I opine that I see Vance takes too much credit for his success (which is not to say he deserves no credit) and focuses too much on the staple of conservative politics, “personal responsibility,” several friends have disagreed.  One said “No, he doesn’t take credit.  He says he got lucky by virtue of his stalwart grandparents who loved him” and kept him between the ditches (the latter part being my hillbilly paraphrase of what my friend actually said, which I don’t recall verbatim).  Ok.  Fair enough.  Yes, he appropriately gives his grandparents lots of well-deserved credit, and I relate to that.  I would never have made it to college or beyond without my mom and other key folks in my community who encouraged me and expected great things.  But family and friends as cheerleaders will not, alone, get you through college or graduate school–especially when they have never been there themselves and can rarely help you set appropriate goals.

It’s Really Complicated.  When I told another friend that I think Vance takes too much credit for his success, she (a Harvard educated lawyer) said, “Oh no. What he is saying is that it’s all very complicated.”  Well, I can hardly argue with that.  Of course it’s complicated!  But this is sorta’ like Donal Trump saying health care reform is complicated or the North Korea situation is complicated.  Are you kidding me?  The fact that the world didn’t know it was “complicated” before J.D. Vance published Hillbilly Elegy is, frankly, embarrassing.  (In this vein, read Alec MacGillis’s excellent piece in The Atlantic).  People living below, at, or hovering above the poverty line have very difficult lives–even if they are white (and I hope to return to the matter of whiteness in a dedicated way in a subsequent post).  Reports of what are now being called “Deaths of Despair” among low-education whites came out as early as 2013, such as here; among these is Case and Deaton’s high profile study in the fall of 2015.  We should know that these folks exist and that when they are able to escape the bonds of the low-income, low-education world, it pretty much requires a harmonic convergence–a small, multi-faceted miracle–every time.  It takes some combination of family support, mentoring, lucky breaks (which can include stable grandparents, like J.D.’s), sheer native ability, perseverance, grit and–yes–hard work.

Oh, I would argue that it takes “the state”!  Vance talks only vaguely of Pell Grants, government-backed student loans, or work study–or any other way that his family received any benefit from government policies, be they the EITC or food stamps or  … How about his public university degree from Ohio State?  the GI Bill?  In the last chapter, which is his policy recommendations chapter, he does refer opaquely to his grandparents’ Social Security, so there’s that.  Maybe I overlooked the structural stuff.  But for the most part, as Sarah Jones highlighted in her New Republic review, Vance writes as if the state is not an actor, either by omission or commission.  Really?  Can it be that the state was irrelevant to Vance’s class migration?  that all the state did for him is permit him to become a Marine and thereby bootcamp some discipline into him?  Is this absence of government what so many across the political spectrum find so appealing about Hillbilly Elegy?  Further, is it possible that the state can or should play little or no role in the plight of those left behind?

Memoir vs. Policy Manual.  When I told another acquaintance–a childhood  immigrant from Poland, a relatively recent University of Michigan law graduate–that I found Vance’s dalliance in policy matters annoying and regressive, she said she hadn’t really noticed, had skimmed over those parts.   She then allowed that the book probably worked better as a memoir than as a policy document.  I agreed.  But I was also somewhat puzzled that this white class migrant (her father was a truck driver, just like mine, and she, like Vance, had served in the military) had  been so taken with Vance’s narrative, his version of events.  Her own journey didn’t sound terribly different to his (though I assume the absence of extreme parental dysfunction and addiction)   That journey had, however, taken place in a major American city rather than a corner of Appalachia, which may have sufficiently differentiated it from her own to make Hillbilly Elegy interesting in her eyes.

Window into Another World.  A well educated, thoughtful and sage (yoga instructor, no less!) friend from an “old money” family back East asked me what I thought about Hillbilly Elegy.  Her book group was about to discuss it, and she said she felt the book was providing her insights into the value of relationships and people whom she would previously have dismissed as uncouth at best.  Specifically, she said that if she had met Vance’s cursing, gun-toting grandmother, she would have been entirely  disdainful–until she read the book, that is.  Hillbilly Elegy had helped her to see the value in Vance’s Mamaw.  I said, “fair enough, but read what I have written about the book,” and I passed along a partially written review.  It is self-serving to report, but my friend came back with, “yes, I can see your reflections on your upbringing are more mature and thoughtful than Vance’s. Nevertheless, I did benefit from Hillbilly Elegy as a window into another world.”  And this brings to the last of the exchanges that I will share …

Is Vance Seasoned Enough to be Publishing a “Memoir”?  As I have previously mentioned, not many written reviews of Hillbilly Elegy have been anything other than glowing.  In addition to the Sarah Jones review I have already cited and quoted, I have read very little negative commentary about the book.  Some of the few “bad” reviews I have seen were in the Daily Yonder, an online publication/blog of the Center for Rural Affairs (I know you are chuckling, but this is a serious outlet for rural perspectives and rural news).  They published three reviews, none of which was very flattering, and  two of which called out the inappropriateness (and perhaps even absurdity) of someone publishing a “memoir” at the age of 31.  One, Jim Branscome, a former managing director of Standard & Poor’s and a former staff member of the Appalachian Regional Commission, quotes Vance’s own book introduction.

I find the existence of the book you hold in your hands somewhat absurd.

Branscome then summarily agrees with the statement.  In another review, Charles L. Baker, a native of Eastern Kentucky and retired CEO of Presbyterian Child Welfare Agency, expands on that notion:

J.D. Vance lacks the maturity to see the blind spots that trouble his book… The culture he blames for spreading failure gave him some of the values that helped him succeed.  And the government he says institutionalized poverty in Appalachia helped him find a way into the middle class.

Baker’s review–like that of Sarah Jones–reminds us that Hillbilly Elegy is not just the story of Vance’s escape from Appalachia, it is the story of the multitudes left behind.  (This, of course, is why CNN regularly brings Vance on to educate the viewing public about the supposedly quintessential Trump voters).  The book’s importance is as much or more in what it says about the failures of Vance’s people as it is about Vance’s “phoenix from the ashes” success.  Don’t doubt, though, that both aspects of the book have made it especially popular among conservatives and libertarians.  Vance gets to be the poster child for Reagan’s vision of the potency of personal responsibility.  Yet many of us who have trod that path are less likely to “lean into our own understanding,” much less take so much credit for our own success without also acknowledging the many structural handicaps that hold back our communities and families of origin.

As for Vance’s maturity, I acknowledge that a childhood and youth like J.D. Vance’s will prematurely age a person.  It’s an exhausting way to live, and that which doesn’t kill you will not only make you stronger, it will often result in what I shall call premature maturity.  Nevertheless, Vance, a few years out of Yale Law, is surely nowhere close to maxing out on wisdom.  I wonder how the decades to come might lead him to reflect differently not only on his own journey, but also on what his people need, on the array of factors that are holding them back, keeping them down. (You may have heard that, in recent months, Vance has moved back to Ohio where he will be using some of the fruits of his labor to start a foundation; I anticipate a run for public office in his near future.)

I am thinking it is no coincidence that the few naysayers about Hillbilly Elegy that I have managed to identify are mostly from the region, and some of us are class migrants.  (Other important reviews of Hillbilly Elegy from those in the region are here and here; Jedediah Purdy, who grew up in Appalachia and teaches at Duke Law reviews the book here, though he is more descriptive than critical). We see a greater role for the state in places like Appalachia and the Ozarks and, like Vance, we have first-hand knowledge of the milieu.  We see the structural barriers to not only getting to Yale Law School (and few from any place or milieu even aspire to that), but the ones that keep kids from getting through high school or enrolled in community college or securing a decent blue-collar living.

In the 2016 election cycle, Democrats seem to have neglected these people and what government can (and should?) do for them.  Indeed, Hillary Clinton hardly showed up in rural America.  If liberals think Hillbilly Elegy represents some “gospel truth” about low-income, low-education whites, they may well continue down the current path of self-destruction, failing to prioritize races in rural places with large white working class populations (read more here and here).

In closing this post, let me return to Sarah Jones of the New Republic, because I can’t sum up my feelings about the election of 2016 and what working class whites need and deserve any better than she did (emphasis added):

By electing Trump, my community has condemned itself to further suffering. … Our schools will get poorer and our children hungrier. It will be one catastrophic tragedy out of the many a Trump presidency will generate. So yes, be angry with the white working class’s political choices. I certainly am; home will never feel like home again.

But don’t emulate Vance in your rage. Give the white working class the progressive populism it needs to survive, and invest in the areas the Democratic Party has neglected. Remember that bootstraps are for people with boots. And elegies are no use to the living.

I’ll be returning soon with more thoughts on other important issues that Hillbilly Elegy brings to the fore.

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AALS Law and Film Selections At This Year’s Meeting @TheAALS @MacheteCine

The two AALS Law & Film selections at this year’s meeting in San Francisco are Anatomy of a Murder, Tuesday evening at 7 p.m.,and La Jaula de Oro, Thursday evening at 6:30. I will moderate the discussion for Anatomy of a Murder, the classic courtroom drama about the quest for the truth behind an Army lieutenant’s killing of the man he accuses of raping his wife.  Michael Olivas, Professor of Law, University of Houston Law Center, and a former AALS President, will moderate the discussion for La Jaula de Oro, a striking Mexican film about Central American undocumented immigrants and their dangerous journey to the United States. Special guest for the Thursday night presentation is the film’s producer, Luis Salinas. William S. Hein and Company is providing refreshments for both evenings.

Come find out why law and film matters!

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Roundup: Law and Humanities 10.13.2016

In somewhat of an October surprise, the Swedish Academy has announced the award of the Nobel Prize for Literature to singer-songwriter Bob Dylan. Law and humanities mavens, take note: scholars and commentators have been examining Laureate Dylan’s work for links to the law for some time.

The New York Times’ Adam Liptak surveyed the uses of Bob Dylan lyrics in judicial opinions here, listing some here.

Some lawprofs have written about Mr. Dylan’s use of law and legal themes. Here are some examples.

Adam Gearey, Outlaw Blues: Law in the Songs of Bob Dylan, 20 Cardozo Law Review 1401 (1998/1999).

Matthew McNeil, The First Amendment Out on Highway 61: Bob Dylan, RLUIPA, and the Problem with Emerging Postmodern Religion Clauses Jurisprudence, 65 Ohio State Law Journal 1021 (2004).

 

See also music scholar James Dunlap, Through the Eyes of Tom Joad: Patterns of American Idealism, Bob Dylan, and the Folk Protest Movement, 29 Popular Music and Society 549 (2006).

 

The Fordham Urban Law Journal devotes an entire issue to Bob Dylan and the law (38 Fordham Urban Law Journal 2010-2011). The issue includes (complete with poetic titles):

Samuel J. Levine, Foreword, at 1267.

Louise Harmon, Bob Dylan on Lenny Bruce: More of an Outlaw Than You Ever Were, at 1287.

Renee Newman Knake,  Why the Law Needs Music: Revisiting NAACP v. Button Through the Songs of Bob Dylan, at 1303.

Randy Lee, Bob Dylan’s Lawyers, a Dark Day in Luzerne County, and Learning to Take Legal Ethics Seriously, at 1323.

Alex B. Long, The Freewheeling’ Judiciary: A Bob Dylan Anthology, at 1363.

Alex Lubet, Arrested Development: Bob Dylan, Held for Questioning Under Suspicion of “Autism,” at 1385.

Michael Perlin, Tangled Up in the Law: The Jurisprudence of Bob Dylan, at 1395.

Laurie Serafino, Life Cycles of American Legal History Through Bob Dylan’s Eyes, at 1431.

Abbe Smith, “No Older ‘N Seventeen”: Defending in Dylan County, at 1471.

Richard H. Underwood, When the Law Doesn’t Work, at 1495.

David M. Zornow, Dylan’s Judgment on Judges: Power and Greed and Corruptible Seed Seem To Be All That There Is, at 1511.

 

Idealawg discusses some of Mr. Dylan’s lawprof fans here.

 

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Roundup: Law and Humanities 06.28.16

 

Conferences

 

Call For Papers: 2016 Law & Society Association of Australia and New Zealand Conference

Disruption, Temporality, Law:
The Future of Law and Society Scholarship

2016 Conference of the Law & Society Association of Australia and New Zealand

30th November – 3rd December 2016

Call for Papers closes: 30th June 2016

The Call for Papers for the 2016 Law & Society Association of Australia and New Zealand Conference, hosted by the Law Futures Centre and Griffith Law School in conjunction with the Southern Cross University School of Law and Justice closes on the 30th June 2016. Details of the call for papers are attached.

We are also pleased to announce the following confirmed keynote speakers:

  • Professor William MacNeil, The Hon John Dowd Chair in Law, Dean and Head, School of Law and Social Justice, Southern Cross University
  • Professor Irene Watson, Research Professor of Law, School of Law, University of South Australia
  • More keynote announcements to come!

The conference will open on the evening of Wednesday 30th November with a public debate on “The Future of Legal Education”. Confirmed debate participants include:

  • Professor Margaret Thornton, ANU College of Law, Australian National University
  • Bill Potts, President, Queensland Law Society & Founding Director, Potts Lawyers
  • John Briton, Former Legal Services Commissioner, Queensland
  • Professor Reid Mortensen, Head of School, School of Law and Justice, University of Southern Queensland
  • Magistrate Jacqui Payne, Queensland Courts
  • Professor Charles Sampford, Director of the Institute for Ethics, Governance and Law, Griffith University

Submission of Proposals:

Please submit proposals for papers, panels or streams to LSAANZ2016@griffith.edu.au. Proposals should consist of a short abstract (max. 250 words), 3 keywords and a short biography (100 words). Panel proposals should include a title/theme for the panel, and abstracts, keywords and biographies for each presenter.

We looking forward to welcoming you to Brisbane.

The 2016 Conference Organising Committee.

Professor John Flood, Dr Timothy Peters, Dr Edwin Bikundo, Mr Shahram Dana, Dr Roshan de Silva Wijeyeratne, Associate Professor Susan Harris-Rimmer, Ms Heron Loban, Dr Jennifer Nielsen, Professor Charles Sampford and Ms Kandice Cherrie.

For Conference enquiries email: LSAANZ2016@griffith.edu.au

 

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Roundup: Law and Humanities 06.20.16

So much going on in law and humanities these days that it’s hard to pick and choose what to bring you. Here’s a sampling.

Conferences

There will be a Conference on Law and Ritual September 22-23, 2016 Leeuwarden, The Netherlands, sponsored by Voices of Law.

Here is a link to the conference website.

Follow news of the conference on Twitter:  #LawAndRitual @VoicesofLaw

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The organizers of the LSU Conference on Law, Authorship, and Appropriation are still accepting paper proposals for the Conference, which will take place at LSU A&M, Baton Rouge, on October 28 and 29, 2016. The original call (with updated dates) is reproduced below.

Call for Papers

By Any Other’s Name: A Conference on Law, Authorship, and Appropriation

Louisiana State University, Baton Rouge, LA, October 28-29, 2016

On October 28-29, 2016, the LSU College of Music and Dramatic Arts, LSU School of Theatre, the LSU Law Center, LSU’s ORED (Office of Research and Economic Development) and the Law and Humanities Institute will co-sponsor a conference on law, authorship, and appropriation on the LSU A and M campus in Baton Rouge, LA. This conference will bring together scholars, performers, and students to discuss law and authorship in the face of challenges issued by artists who engage in appropriation—the practice of taking the works of others to rethink or recreate new works.

Some artists who engage in appropriation may describe their activities as parody, sampling, or remixing. Some artists whose work is appropriated may describe the result as misappropriation. Writers might describe the use or reuse of words variously as hommage or plagiarism. Lawyers weigh in both sides of the issue, interpreting such reuse as fair use or infringement, depending on the circumstances.

Digital technology creates a host of new considerations, from the opportunity for a creator to license rights up-front (or not at all) to opportunities for users to create content cooperatively, either on the Web or in face-to-face settings.

What do such changes, in law and in aesthetics and art, mean for our understandings of authorship and the relationship between creator and audience? Do words like “author” and “creator” even continue to have meaning?

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