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Everything You Need to Know about Aristotelian Rhetoric You Can Learn from Kendall Jenner and Serena Williams
Get PDFPop culture can teach us a lot about the law: almost everyone knows the Miranda warnings and can recite them by heart, thanks to Law and Order and other crime dramas, the concept of a “conservatorship” is familiar to many because of Brittany Spears, and the notorious RBG has become a household name, recognizable in a crown and jabot, partly due to Kate McKinnon’s portrayal on SNL.
Commercials, and the pop culture icons featured in them, can also teach students about the art of persuasive advocacy. At the start of the spring semester, when I segue from objective analysis to persuasive advocacy in my legal writing course, I let Kendall Jenner and Serena Williams introduce the concept of Aristotelian Rhetoric. It turns out, they are very effective teachers
Negative Aesthetic Experiences of Prosecuting the Barely Alive, in Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Mark A. Drumbl & Caroline Fournet eds., 2024)
No full textTheories of negative aesthetics claim that some aesthetic qualities like disgust, ugliness, and repulsiveness are instrumentally valuable, and can be justified as a necessary means to producing what might be considered an ultimately positive aesthetic experience. In an international criminal trial, the presentation of ‘ugly’ visual and oral evidence may be justified in service of the aims of the trial. But when the ‘barely alive’ are prosecuted, however, a justification for a negative aesthetic experience may not exist. In this paper, I argue that due to their vulnerability and the need to protect their dignity, individuals who have been accused of mass atrocity crimes but who are nearing the end of their lives should generally not be subjected to public trial and punishment. The negative aesthetic experiences generated by displaying someone close to death in that setting cannot be justified by positive aesthetic or moral experiences.https://scholarlycommons.law.wlu.edu/fac_books/1195/thumbnail.jp
The Adult Rights-Bearing Archetype and How It Stifles Young People’s Equal Protection
Get PDFAmerican constitutional law is defined by a rights-bearing archetype that prioritizes adults—and the Equal Protection Clause is no exception. The Supreme Court has recognized children as constitutional persons and proclaimed that “neither the Fourteenth Amendment nor the Bill of Rights is for adults alone,” but courts mostly see autonomous, rational, individualistic, income-generating grown people as rights-bearers. For the first time, this article reveals six adult-rights-bearing analytical traps that limit children’s equal protection, and proposes jettisoning the rigid Carolene Products test in favor of a nascent youth-based framework. Instead of shoehorning children’s rights into a web of laws and principles designed for an adult rights-bearing archetype, discrimination against children merits a framework on its own terms. This article concludes by introducing three youth-based paths to heightened scrutiny when laws: (1) use children as a means to create or maintain a caste system; (2) punish children for matters over which they have no control; or (3) erect an insurmountable barrier to children’s ability in the political process to remedy large-scale catastrophic harm inflicted upon them, such as the disproportionate injuries to young people from the climate crisis and gun violence. This article lays the groundwork for a “children’s equality law” that both accommodates young people’s qualities, characteristics, and needs and provides them equal protection of laws
The Absence of a Unified Theory in Children’s Fourteenth Amendment Jurisprudence, in International Survey of Family Law (Robin Fretwell Wilson & June Carbone eds., 2024)
No full textThe 2024 edition of the International Survey continues the celebration of the International Society of Family Law’s (ISFL) fiftieth anniversary. This second of two Jubilee editions begins with memorials to Professor Sanford Katz, a giant in the field of family law, adds reflections on the Society’s history and contributions to the global development of family, and includes retrospectives on 50 years of family law development on topics such as the marriage equality debate, the International Convention on the Rights of the Child, and the distinctive evolution of family law in Brazil, given its colonial heritage, China, with its feudal origins, France, Italy, and Portugal, where the national developments have taken place in dialogue with the European Court of Human Rights, Taiwan, in light of the changing status of women, and the United States, in the context of a federal system that sometimes produces convergence and other times divergence among the fifty states.https://scholarlycommons.law.wlu.edu/fac_books/1199/thumbnail.jp
The Sights, Sounds, and Silences of International Law During the Cold War, in Sights, Sounds, and Sensibilities of Atrocity Prosecutions (Mark A. Drumbl & Caroline Fournet eds., 2024)
No full textThis chapter examines the sounds, sights, and sensibilities of international law during the Cold War. By adopting a sensory lens, this chapter disrupts the common understanding of international law during the Cold War as languishing in a period of hiatus and stagnation. This chapter proceeds through three experiential case studies rooted in a museum, in street protests, and in science fiction literature respectively. This chapter thereby touches upon the episteme (from where do we know what we know about law?) and the place of the senses in that knowledge-base, as well as method (how do the senses present a way to talk, express, experience, and construct law?). This chapter proposes a methodology central to this entire book, namely to expand the conversation about law formation and law enforcement to incorporate moments in time, sensory inputs, and the power of allegory and individual experience. And hereby lies the ‘methodology’ of this book, the methodology of this aesthetic project, through which we aim diversify how international lawyers engage with law while embracing (instead of avoiding) the salience of emotion and the centrality of sentiment.https://scholarlycommons.law.wlu.edu/fac_books/1213/thumbnail.jp
Amicus Brief of Children’s Rights Legal Scholars and Advocates as Amici Curiae in Support of Neither Party: \u3cem\u3eTrump v. Anderson\u3c/em\u3e
Get PDFAmici write, not to urge a particular merits outcome to the questions presented, but to advocate for a judicial review process that (1) is true to constitutional text and this Court’s precedent, (2) accounts for non-voting children and future generations who fall within the protections of the counter-majoritarian provisions of the Constitution, and (3) embraces the perpetuity principle over the political question doctrine