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


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

4.10 Doing Time: Allegories of Temporality in Legal Domains

Sarah Burgess

In the Time of Law: The Problem of Judgment in Legal Recognition

In contemporary accounts of recognition--ones that mine the concept for its ontological

and ethical implications--legal recognition becomes the exception. Authors posit that

there is something different about the contours of recognition when practiced in and by

law. This paper begins to address the absence of a theoretical consideration of this

difference. It argues that legal recognition entails a form of judgment that betrays a

temporal paradox: recognition serves as the ontological condition for legal judgment

about who or what is to be recognized. In this temporal paradox, the power of law itself is

called into question. Displaced, law exposes its discursive limits and opens itself to a

critique that complicates the scene in which recognition takes place. To make this

argument, I investigate the parliamentary debates surrounding the United Kingdom’s

2004 Gender Recognition Act in order to draw out the implications of recognition for

human rights discourses.

Stuart J. Murray

Incompatible Bodies of Law: Incarcerated and Mentally Ill

This paper is based on research conducted in the psychiatric Secure Treatment Unit of a

medium-security Canadian prison. I examine the conflicts that arise when the Mental

Health Act meets the Ministry of Correctional Services Act, and patient-prisoners are

caught between temporalities of care and incarceration. While the Mental Health Act

guarantees equal care for all citizens, including prisoners, this is a practical impossibility

because the paramilitary laws that regulate correctional institutions supervene all others

within the institution’s walls. In Agamben’s terms, the prison becomes its own state of

exception, a zone of indistinction justified by the threat to public security. Within these

walls, bodies are doubled: “patients” according to one law, “inmates” according to the

other. But these bodies are doubled again, through the incommensurable temporalities of

healthcare and mental illness, on the one hand, and of the inmate who “serves time,” on

the other.

Elizabeth Cohen

The Political Currency of Time in Immigration and Citizenship

Jus soli and jus sanguinis have been the traditional starting points for any discussion of

birthright and state sponsored citizenship. Inextricably linked to any discussion of how

citizenship is bestowed, achieved, or acquired, is a third element: that of time. This paper

will analyze how specific dates in history, and durations of measured time serve a

significant role in determining whether an individual or group will be considered citizens.

The paper will consider topics ranging from the starting point of Anglo American

citizenship law, Calvin's Case (in which people born before the union of the English and

Scottish thrones were distinguished form those born afterwards) to the assumption of tacit

consent at the moment of constitutional conventions, to amnesties granting legal status to

people living in a country during specific time periods.

4.11 Murder Prosecutions in the 18th, 20th, and 21st Century

David Caudill

Re-evaluating the Attorneys in “Native Son”: Max As Darrow And Buckley As Typical

Is Richard Wright's cautionary tale for American Society a cautionary tale for lawyers I

want to re-visit the scholarship on the ethics of Max and Buckley, including (i) Wright's

image of Clarence Darrow to construct Max as an emotional and ideological advocate,

and (ii) the image of Buckley as over-the-top in terms of prosecutorial misconduct, in

light of the recent NAS Report condemning prosecutorial misuse of forensic



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