2011 Conference Program (PDF) - Syracuse University College of Law


2011 Conference Program (PDF) - Syracuse University College of Law

Ray Tolentino

Regulating Alterity Across Borders: Queer Sexuality and American Citizenship

In my working paper, I intend to contribute to a growing body of academic scholarship

interrogating and critiquing the juridical landscape of US immigration law from critical

race and queer theory perspectives. Existing legal scholarship has explored the extent to

which US law inequitably regulates both immigration and sexuality to the unfortunate

disadvantage of GLBTQ immigrants. My paper will explore how US laws on

immigration, race, and sexuality concurrently reproduce historically colonialist and racist

mentalities that position non-heterosexual immigrants (with a focus on Filipino

immigrants) as figures on the fringe who threaten the “purity and stability” of the

American national body politic. Specifically, my paper discusses the alienating

mechanics of the American legal regime’s (re)construction of a heteronormative

nationalism with a particular focus on the story of Donita Ganzon, a male-to-female

transgendered individual whose 2004 application for her husband to become a legal

permanent resident of the US was denied.

8.9 Film on Trial

Naomi Mezey

Leif Dahlberg

Video Cannot Speak for Itself: Film, Summary Judgment & Visual Representation

The effects of digital media technology on legal argumentation and rhetoric in the

Swedish law court

8.10 Law and the Sacred

Marc Roark

Property at Law's End -- Using Process-Laden and Property-Laden Concepts to protect

Memory and Identity

Sacred spaces are significant cultural, religious or historical locations, which may

challenge understandings of how sacredness coexists with our Constitutional or

proprietary expectations. Certain spaces produce cultural memories and identity which

the law protects through both process-laden and property-laden concepts. Recognizing

sacred space invokes consensus building, which is facilitated by the political process.

Oftentimes the process of consensus building leads to the implication of property-laden

concepts as the primary protector of sacred memory and identity. These property

concepts include using title to exclude as well as de-marketizing places and things to

protect their sacredness.

This essay demonstrates that these process-laden and property-laden approaches can be

seen in Congressional Action leading to the Salazar v. Buono dispute, as well as other

areas involving sacred space. This essay builds the framework for describing how legal

processes and rules relating to property translate into areas where sacred space is not

protected by law.

Joseph Jenkins

Intellectual Property and Political Theology

This article considers the copyright, as well as fair-use limits on private control, in the

context of political theology. It recalls that one of the earliest English law precedents

concerning copyright, Henry VIII’s Proclamation of 16 November 1538, was concerned

with the political sovereign’s control and censorship of writings on religion, rather than

with private rights regarding authored texts. The relevant author here was the Author of

all things, and what was being protected was the sovereign’s role as His exclusive

spokesman. Twentieth-century advocacy for maximal copyrights, which increasingly

appeals to metaphysical notions, such as post mortem copyright term extensions as a kind



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