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Unlocking the Eighth Amendment\u27s Power to Make Innocence a Constitutional Claim: The \u27Objective\u27 Views of State Legislators
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The Tropics Exploited: Risk Preparedness and Corporate Social Responsibility in Offshore Energy Development
Get PDFLotteries and Public Policy in United States and Commonwealth Caribbean Law: Scrutinizing the Success of Lotteries as a Voluntary and “Painless” Tax
No full textBeyond Because I Said So Reconciling Civil Retroactivity Analysis in Immigration Cases With a Protective Lenity Principle
Get PDFMapping the Terrain of Earth Jurisprudence: Landscape, Thresholds and Horizons
Get PDFThis paper investigates central ideas in the emergent field of Earth Jurisprudence. It suggests that development of conceptual and practical frameworks for an earth justice system predicated on rights of nature is currently at a nascent stage, but such ‘creative uncertainty’ provides scholars and practitioners with opportunities to identify and articulate new conceptual frameworks which avoid some of the hazards of human exceptionalism.
Part I suggests that the concept of ‘rights of nature’ rests upon contestable epistemological and ontological claims and that an effective Earth Jurisprudence will require a continual negotiation of interpretative disagreements and frameworks for action.
Part II explores the ‘promiscuous concept’ of nature and argues that the ways in which biophysical reality is articulated and represented in some Earth Jurisprudence scholarship requires further investigation.
With reference to the concept of ‘rights’, parts III and IV investigate the relationship between the idea of a non-anthropocentric earth justice system and the pragmatic imperatives of human juridical systems. It suggests that the incommensurability between a theory of earth justice and practice of an earth justice system will continue to involve exponents of Earth Jurisprudence in a host of scientific, legal, political and ethical tensions, ones demanding an ongoing negotiation of conceptual frameworks together with a pragmatic willingness to concede to the normative anthropocentrism of juridical frameworks
Constructing Modern-Day U.S. Legal Education with Rhetoric: Langdell, Ames, and the Scholar Model of the Law Professor Persona
Get PDFThis article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the study, and elaborates upon both the new scholar persona that lawyers like Langdell and Ames constructed and the practitioner persona that other lawyers attempted to promote as the standard. For this study, the term lawyers will refer to practicing lawyers and judges as well as academic lawyers. Although rhetoric cannot resolve all conflicts, the significance of the rhetoric in this case is hard to overstate because the scholar persona constructed after the Civil War and before the Jazz Age is the persona that, with minor modifications, continues to shape law students, and thus future lawyers, in the present day
