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

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Dr. Karen Brennan<br />

“Traditions <strong>of</strong> English Liberal Thought”: The Boundaries <strong>of</strong> Justice and Irish<br />

Infanticide, 1922-1949<br />

This paper will examine the criminal justice response to the crime <strong>of</strong> maternal infanticide<br />

during the first decades <strong>of</strong> Irish independence. Through an analysis <strong>of</strong> archival records<br />

the approach taken by the courts and the legislature to the typical infanticide <strong>of</strong>fence, that<br />

involving the murder <strong>of</strong> an “illegitimate” infant after a concealed birth, will be examined.<br />

The question <strong>of</strong> what was considered to be a just response to this crime in the context <strong>of</strong><br />

newly independent Ireland will be considered, and, in this regard, the extent to which the<br />

boundaries <strong>of</strong> the law were stretched to ensure the appropriate outcome will be assessed.<br />

As the Irish legislature ultimately adopted the English infanticide legislation <strong>of</strong> 1922, the<br />

question <strong>of</strong> whether the Irish approach to infanticide differed to that taken across the Irish<br />

Sea will be addressed. In particular, the extent to which the particular social, economic<br />

and religious context <strong>of</strong> the Free State produced unique features in the Irish response to<br />

unmarried women who murdered their infants will be explored.<br />

Dr. Sarah Ramshaw<br />

To Serve and Protect The Boundaries <strong>of</strong> 'Justice' and the Irish Diaspora in New York<br />

City, 1930-1932<br />

The boundaries <strong>of</strong> justice and the Irish diaspora are explored here through the findings <strong>of</strong><br />

the Seabury Commission, headed by ex-Judge Samuel Seabury, which investigated<br />

allegations <strong>of</strong> corruption in the New York City (NYC) court system and police<br />

department in the early 1930s. Targets <strong>of</strong> this investigation included the city’s Irish-<br />

American Mayor, James Jimmy Walker (1926-1933), the Irish-dominated New York<br />

Police Department (NYPD) and the Irish-dominated Tammany Hall political machine,<br />

which controlled law and politics in NYC at the time. This paper examines the<br />

paradoxical approaches to law and justice by Walker, Tammany, and the NYPD and<br />

queries whether a distinction can be made between corruption as scripted illegality and<br />

justice as improvised legality. It explores the boundaries <strong>of</strong> justice through the history <strong>of</strong><br />

discrimination and colonial domination in both Ireland and abroad and unpacks the<br />

relationship between law and the Irish diaspora in order to ascertain whether there is<br />

actually a uniquely Irish approach to justice.<br />

2.2 To Kill a Mockingbird: Reflections on the Film<br />

Austin Sarat and Martha Umphrey<br />

Temporal Horizons: On the Possibilities <strong>of</strong> <strong>Law</strong> and Fatherhood in To Kill a<br />

Mockingbird<br />

To Kill A Mockingbird is a classic <strong>of</strong> American cultural-legal studies, and it <strong>of</strong>fers in<br />

Atticus Finch an iconic hero who, as Stephen Lubet suggests, is popular culture’s most<br />

important embodiment <strong>of</strong> lawyerly virtue.<br />

As other scholars have noted, however, To Kill a Mockingbird is not just, or primarily, a<br />

law story. Rather, Scout Finch’s portrait <strong>of</strong> Atticus as a father is regarded by many as the<br />

key to the text’s cultural resonance. Told as a daughter’s memory <strong>of</strong> her father, her<br />

brother, and the town in which she grew up, the text frames the era’s conflicts over race,<br />

gender, and justice through the lens <strong>of</strong> Scout’s admiration for Atticus. From our<br />

perspective, however, it is the conjunction <strong>of</strong> lawyer and father that fuels To Kill a<br />

Mockingbird’s appeal and importance, and in this paper we argue that such a<br />

conjunction, particularly in its filmic incarnation, provides an opportunity to explore the<br />

role that fathers and fatherhood play in cultural imaginings <strong>of</strong> law and in exemplifying<br />

the various faces <strong>of</strong> law’s power. We argue that Atticus Finch is a father/lawyer<br />

committed to a particular vision <strong>of</strong> fatherhood and law, one in which both can transcend,<br />

if not transform, the context in which they exist, one in which orienting oneself to the<br />

!<br />

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