Legal Battle Research Articles

Stirring the Ashes

This article draws on participant observation in a legal battle at the Quebec Superior Court in 2022, where the Kanien’kehá:ka Kahnistensera (Mohawk Mothers) sought an injunction to halt excavation work around a hospital where Indigenous victims of medical experiments were allegedly buried. In response to a motion from the government of Quebec, the Mohawk Mothers refused to use a lawyer who would obey colonial law, arguing that it was their traditional duty as caretakers of the territory to speak for themselves and for their community without legal representation. This article examines their fight for self-determination through their specific understanding of the relationship between individual autonomy and social responsibility, notably by way of the Kanien’kehá:ka’s use of a single word to denote assemblies, fires, and families: Kahwá:tsire’. To reach a consensus, when it seems that everyone has come to an agreement, the Kanien’kehá:ka council must “stir the ashes” and ask everyone who has not spoken yet to voice their opinion and bring their unique perspective in the balance. As a result of this method, the author suggests that the Kanien’kehá:ka simultaneously take on the roles of legislators, executors, and judges all at once.

‘The Shipwreck of the Turks’: Sovereignty, Barbarism and Civilization in the Legal Order of the Eighteenth-Century Mediterranean

Abstract This article focuses on the consequences of a single major international affair — the shipwreck of a French ship carrying 165 Muslim pilgrims along the southern shores of Sicily in 1716 — to address two pivotal issues in the reordering of eighteenth-­century legal and political systems: the limits of domestic sovereignty in absolutist states and the status of non-Christian polities in the theory and practice of the law of nations. Both the time and place of this episode, which had a vast resonance at the time, have broad implications for how we write about the development of modern international law. While much of the debate on the maritime dimension of the eighteenth-century law of nations focuses on the Atlantic and the Indian Oceans, we spotlight the Mediterranean, where endemic corsairing activities coexisted with age-old diplomatic and day-to-day practices of accommodation and mutual recognition between Christian and Muslim polities. Here we draw attention to shipwrecks that occurred in foreign territorial waters and their heuristic potential for better understanding controversial issues of maritime law, such as the status of shorelines, neutrality and the law of the flag. Even after the Peace of Utrecht (1713–15), which is often regarded as a watershed moment in the history of international law, these rules were far from settled and shipwrecks continued to fuel legal and philosophical battles that extended well beyond the confines of the famous controversy between supporters of mare liberum and advocates of mare clausum. The close examination of the 1716 shipwreck leads us to challenge the land/sea divide as constructed by Carl Schmitt and demonstrate that territorial waters were objects of sovereign disputes in much the same way as land territories. We also show how the emerging Eurocentric discourse about the ‘barbarity’ of non-Christian peoples and nations coexisted with intellectual, economic and diplomatic forces interested in establishing formal agreements between Western European nations, the Ottoman Empire and its North African provinces.

How does the rights of homosexuals be influenced by sodomy laws in the 1960s and 1970s

The paper examines the fight for homosexual rights in the United States during the 1960s and 1970s, focusing on the significance of the abolition of sodomy laws and their impact on gay individuals. It highlights the cultural and legal context of the era, including the infamous Stonewall Riots of 1969, which sparked widespread activism. The essay delves into notable legal battles, such as Buchanan v. Batchelor, showcasing the efforts to challenge and repeal sodomy laws. Despite initial setbacks, these legal challenges laid the groundwork for future advancements in LGBTQ+ rights by establishing privacy rights as a constitutional issue. The period was crucial in setting the stage for further progress and the eventual dismantling of discriminatory laws against homosexuals.

Are journalists truly safe? Communicating the Risks Faced by Investigative Journalists in Nigeria

This study examined the risks faced by investigative journalists in Nigeria. The Hazard Barrier Target Model was used as the theoretical foundation for this investigation. The study adopted a descriptive survey research design, in which 353 journalists in Nigeria were surveyed through a Google questionnaire. Results showed that some of the risks journalists face are physical threats and violence, loss of job and other traumatic situations, risk of legal battles, intimidation, and harassment, among others. Results also showed that some of the impacts of the risks faced by investigative journalists in Nigeria include self-censorship, low engagement in the act of investigative journalism, poor quality of reports on issues worthy of in-depth investigation, and social and professional isolation. It was concluded that journalists agreed that the identified risks in the study are some of the risks investigative journalists in Nigeria face in the course of their job and that these risks they encounter to a large extent on a frequent basis, as such it has led to negative impacts on investigative journalism practice in Nigeria. The practical, policy, and scholarly implications of the study were highlighted.

Racism on Trial in U.S. Symphony Orchestras

Abstract This essay examines how racial discrimination operates under the surface and through the guise of preserving musical excellence, as exemplified through the 1969 lawsuit filed by double bassist Arthur Davis and cellist Earl Madison charging the New York Philharmonic with racial discrimination in hiring practices. Analyzing the narratives that emerged during the 1969 hearings around artistic merit, racial discrimination, and screened auditions, I argue that the New York Philharmonic weaponized musical excellence as a pure entity abstracted from race and other social categories in order to claim that its sanctity required protection from societal charges of discrimination. Notably, these same legal arguments were used in a subsequent case in which timpanist Elayne Jones charged the San Francisco Symphony with discrimination on the basis of race and sex following her tenure denial in 1974. Placing these two cases in conversation not only illuminates the tenacity and power of discriminatory ideas and practices in U.S. orchestras, but it also demonstrates how the experience of fighting legal battles reverberated personally and professionally for Black classical musicians. These lawsuits exacted a significant toll on Davis, Madison, and Jones, each of whom was sacrificed at the altar of change that, decades later, has yet to come.

Brett J. Kyle and Andrew G. Reiter . Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice. Abingdon: Routledge, 2022. Figures, tables, index, 252 pp.; hardcover $144, paperback $43.99.

Brett J. Kyle and Andrew G. Reiter . Military Courts, Civil-Military Relations, and the Legal Battle for Democracy: The Politics of Military Justice. Abingdon: Routledge, 2022. Figures, tables, index, 252 pp.; hardcover $144, paperback $43.99.

Nationalism in the Judicialization and Culturalization of Religion: The Case of Religious Education in Greece

Religious education (RE) is frequently a topic of intense political debate and a focal point of party politics in the Greek context. This article presents the latest chapter in political contestation over the teaching of religion in Greek public schools, one which entails a new dimension—that of intense judicialization. Since 2015, the issue of religious education in Greek public schools has been the subject of multiple court cases addressed by the Greek high court, the Council of State, with one case addressed by and one case pending before the European Court of Human Rights. Beyond teasing out links between Greek Orthodoxy and nationalism underpinning each of these cases, this article also seeks to locate this example of judicialization of politics and religion in a broader theoretical context. It engages with another phenomenon at play in the Greek case as in many other cases globally, the culturalization of religion. Through the example of the Greek legal battles over religious education, we see how the judicialization of a particular political question on religion (policy on RE) rests on a culturalization of religion, which, in the legal domain, entails a rebranding of ‘religion’ as ‘culture’ so as to protect ‘religion’ from limitations placed on it by expectations of liberal state neutrality. The inherent difficulties in defining religion and culture, both individually and in relation to one another, are fundamental to both the theoretical and the practical, socio-legal challenges arising from such developments.

Serra and Us

Abstract Yve-Alain Bois discusses and describes the many essays that October editors and contributors have written about Richard Serra, particularly Rosalind Krauss, Benjamin H. D. Buchloh, Yve-Alain himself, Leah Dickerman (most recently), and Hal Foster (most abundantly). The article begins: “I don't think it is an exaggeration to say that no artist can be more immediately identified with October than Richard Serra, particularly during the journal's first decades. Several of its editors or editors-to-be wrote repeatedly about his work, in the journal and elsewhere, and he himself participated directly in the life of the publication via a lengthy interview, not to mention his unwavering financial support since issue 39 (Winter 1986). “In 1991, The Destruction of Tilted Arc: Documents appeared in the October book series; edited by Clara Weyergraf-Serra and Martha Buskirk, it offered nearly three hundred pages of documentation concerning the legal battle waged (and lost) by the artist to prevent the destruction by the American government of the site-specific work it had commissioned for Federal Plaza in New York City (installed in 1981, it was dismantled in 1989). Needless to say, the October gang came en bloc to defend the work at the public hearing (the testimonies of Rosalind Krauss, Annette Michelson, Douglas Crimp, Benjamin Buchloh, and regular contributor Abigail Solomon-Godeau figure in the book). “In 2000, the first volume of the October Files appeared; edited by Hal Foster, it took Serra as its subject. Memorial tributes are an awkward genre in that they are almost inevitably nostalgic and take a narcissistic turn (“me and the great man”). But what if one were simply to commemorate the prolonged interaction of the journal's editors with Serra's work by chronologically recapitulating the various instances of their engagement? This will be done with pride, for sure, but also as a duty to forestall amnesia.”

Exclusion-politicization: Salafism, democracy, and counterpublic politics in the UK

ABSTRACT This article examines the politicization of Salafism in the UK over the past two decades – shedding light on why and how some Salafi actors, particularly those belonging to Haitham al-Haddad’s network, are increasingly engaging in formal and informal political activities rather than da’wa (missionary work). It is based on more than 70 interviews with British Salafis and 20 months of participant observation within Salafi communities in London between 2017 and 2020, as well as content analysis of Salafi websites and social media. It argues that owing to increased exclusion and marginalization of British Muslims within the British public sphere, some Salafis have begun to organize protests, vote in UK elections, campaign, wage legal battles, and contest the marginalization of British Muslims through the production of counterhegemonic discourses. It draws on counterpublic theory to explain how exclusion from the public sphere can lead to greater political activity by highlighting how counterpublics enable marginalized communities to regroup and train for agitational activities. This article contributes to our understanding of the causes and consequences of the politicization of Salafi actors in European Muslim-minority contexts, as well as to our understanding of the politicization of religious actors more generally.

Examining Fictional and Non-Fictional Judicial Mechanisms in Harper Lee’s To Kill a Mockingbird

In the heart of Harper Lee's „To Kill a Mockingbird,” set against the American Deep South's complex tapestry during the 1930s, lies a profound exploration of judicial mechanisms, both fictional and non-fictional. This novel, transcending mere storytelling, becomes a lens through which the intricate interplay of racial tensions, societal constructs, and ethical dilemmas are scrutinized. Within its pages, the courtroom is not just a setting for legal battles but a vivid symbol of Maycomb's tumultuous sociocultural landscape. This paper ventures into the depths of Lee's narrative to unravel the complex dialogue between the idealistic pursuits of justice and the harsh realities of ingrained prejudice. Through an English as a Foreign Language (EFL) or English for Specific Purposes (ESP) teaching lens, this analysis will highlight the courtroom scenes’ educational potential, emphasizing their value in fostering critical thinking, cultural awareness, and moral reasoning in a global learning context.

Tutors’ Responses to Student Disclosures: From “Suicidal Ideation to “Feeling a Little Stressed”

Tutors in higher education are receiving and responding to student disclosures that include racism, anxiety, loneliness, legal disputes, family upheavals, physical, emotional, and mental health, bereavement, legal battles, and harassment. In many cases, this caring aspect of the tutor role is not acknowledged, allocated time in job descriptions, or accurately remunerated. This qualitative study explored how tutors experienced and managed student disclosures, the personal and professional impact of responding to disclosures, and how tutors believed they could be better supported. Data was collected from two cohorts of participants tutoring at a University in Aotearoa New Zealand. using interviews and questionnaires and analysed by reflexive thematic analysis. Our findings showed that our participants believed they were positioned vulnerably between a rock and a hard place. At the rock, tutors were told to follow university guidelines and refer distressed students to over-loaded course coordinators or over-subscribed support services. At the hard place, tutors were often the first to be disclosed to, because of their front-facing positioning at the university and once they had heard the disclosure felt it was unethical not to try and help. Tutors believed they could assist students with personal challenges if their precarious positioning within the university was protected and strengthened and if appropriate support was provided by their university through training, time, and remuneration. Findings have implications for higher education providers to reconsider how tutors are supported to support students.

Justice for All: Tailoring Laws for Disabled Youth in Legal Battles

Disabled children are considered as the most vulnerable individuals. Because of their physical and/or mental disability they are also considered as the most vulnerable victims. Such children may also face challenges as “children in conflict with law”. Disabled children may be used for several criminal offences While such children may be used for theft etc, voices of such children may also be used without their knowledge or consent for committing several kinds of cybercrimes. Such children may also be engaged in sexual offences. Protection of Children from Sexual Offences Act (POCSO), 2013 mentions about engagement of special educator /translator for assisting disabled child victims. Even though The Juvenile Justice (Care and Protection of children) Amendment Act, 2021 also mentions about engaging such translator etc for helping disabled children, the Act however does not provide much information about the tools and the process of assisting disabled children in conflict with law with the translators and special educators. It is hence to argue that the rights of the disabled children in conflict with law may not be properly acknowledged and executed due to absence of legal guidance regarding usage of specific forensic tools, legal lacunae concerning the assistance of the special interpreters/translators, proper interpretation of their behavior/ communication of such children and their guardians /care givers. As children in conflict with law they may need to arrange for their defense lawyers and interpreters. But in majority of cases such children may not access free legal aid and proper interpreters due to their socio-economic conditions and due to lack of awareness of their parents or caregivers. This paper suggests that better forensic tools for assisting such children, assessing their behavior, their testimony and evidences in trials are needed on the basis of the types of disability. This paper also suggests that the qualification of the interpreters and translators may be revised considering the need of contemporary digital era and misuse of disabled children for commission of crimes.

When overextended surface allocation turns to groundwater: a Q methodology of well users in Oregon’s high desert

As legal battles over surface water allocation in Klamath County, Oregon, USA have gained national attention, earning the name “Water Wars,” authorities have been increasingly turning to groundwater to compensate for water shortfalls. This case study aims to identify the nuanced perspectives of household groundwater well users who are affected by groundwater extraction. Using Q methodology, we uncover groundwater well users’ perceptions and to what extent they think water problems are dealt with fairly. We identify four water perspectives that differ in the degree to which respondents prioritize clean water accessibility, industry accountability, individual responsibility for water management, and trust in governments to manage water competently. This research contributes to the growing body of literature reshaping our understanding of human-water relations by exploring different water axiologies.

A Postmortem of Financial Frauds: The 5S Approach

"Modern world, saturated with innovations and digital technologies, opens numerous opportunities for development and convenience. However, along with these opportunities, the likelihood of becoming a target of fraud rises. Financial crimes are becoming more pronounced and sophisticated, utilizing new technical and social methods of influence. With these changes, existing risks, including fraud risk, have significantly increased. In spite of extensive endeavors to eliminate fraudulent actions, apparently fraud in its different forms persists and is escalating in both occurrence and magnitude. Identifying fraud schemes is a crucial aspect of fraud detection. Detecting fraud risks at an early stage can bolster investor protection, enhance investment returns, prevent costly legal battles, and promote efficient operation. This study concentrates on the various facets of fraud. It examines the pre and post-effects of fraud. It also involves extensive research on the available literature on financial and non-financial frauds and has come out with a conceptual model that helps to give an overall 360-degree view of the concept of fraud. This work gives a theoretical insight into fraud. It reveals a five-part comprehensive approach termed as the 5S approach to analyze and view the concept of fraud, namely the Segregation of fraud, Schemes used to commit these frauds, Stimulus for committing these types of frauds, the Significant Consequences or the resultant effects of fraud and finally the ways of reducing or countering these frauds or the specific remedies to negate or overcome these frauds."

A Cross-National Examination of Abortion Politics: Contrasting Perspectives in the United States and France

The debate surrounding abortion laws has been one of great prominence in current politics. While some nations take a strong stance against the accessibility of the practice, others view it as an essential protection of women's autonomy. The main objective of this paper is to perform a comparative analysis of both the historical and contemporary legal landscape of abortion within France and the United States. Throughout this paper, the examination of the evolution of abortion laws in both countries are laid against a backdrop of shifting societal values, cultural influences, and political dynamics. In the United States, the narrative of abortion laws is marked by intense ideological complications and complex legal battles that result from deep rooted societal divisions. In contrast, Frances progression leaned towards growing liberalization, strongly influenced by public health priorities and an emphasis on gender equity. Through delving into key legal decisions, political movements, and public relations, this paper aims to illustrate the shaping legal and cultural frameworks within the two nations shape their respective policies and practices surrounding the topic of abortion. This paper highlights the implications of these divergent approaches towards womens reproductive autonomy, government health outcomes, and overarching societal norms. The comparative analysis of abortion within the two democracies seeks to provide insights into the underlying reasons for the stark differences in their approaches, striving to draw conclusions that may provide insight for future legal and policy initiatives in the realm of reproductive rights.

Juridical Analysis of the Rights and Position of Heirs in Inheritance Disputes: Case Study of Decision Number 9/Pdt.G/2024/PN Tbt

This study delves into the rights and positions of heirs in inheritance disputes, with a detailed analysis of Decision No. 9/Pdt.G/2024/PN Tbt. The primary focus is on how Indonesian law recognizes and upholds the rights of heirs in conflicts over inheritance. The case in question involves the heirs of the late PO Siregar and Turena Br Hutauruk, who were in a legal battle over the division of land and buildings left by the deceased. The study explores the legal principles, evidence, and court decisions that determined the distribution of assets among the heirs. It examines how the court interpreted relevant inheritance laws and applied them to establish the rightful claims of each party involved. By scrutinizing the legal proceedings and outcomes, this research provides insights into the functioning of Indonesian inheritance law, particularly in adjudicating disputes among heirs. The findings contribute to a broader understanding of how inheritance rights are protected and enforced in the legal system

The Public-Private Divide in the Age of Identity Politics

Abstract This article examines the impact of identity politics on the traditional liberal distinction between public and private spheres, arguing that critical theories associated with identity politics have significantly blurred these boundaries. This blurring is largely due to the portrayal of equality as a non-negotiable value by proponents of identity politics, who are prepared to limit fundamental freedoms to uphold it. Utilizing Francis Fukuyama’s distinction between “lived experience” and “shared experience,” the article proposes a reinterpretation of the anti-discrimination principle aimed at cultivating shared liberal citizenship. It scrutinizes decisions by Supreme Courts around the globe concerning the denial of wedding cake services to gay couples as a case study. These legal battles exemplify how cultural disputes are reshaping the public-private divide and highlight the need for principles that can justly reconcile freedom and equality in an era marked by intense cultural wars and deepening political division. The article suggests several principles that could assist courts in mitigating the political tensions inherent in cases fueled by cultural conflicts.

Promoting health and wellness through Indigenous sacred sites, ceremony grounds, and land-based learning: a scoping review

This study analyzes the literature on Indigenous sacred sites within the larger topic areas of land-based education and healing, as per the guidance of Anishinaabe (a group of Indigenous Peoples from the Great Lakes and the Great Plains areas of contemporary Canada and USA) Elders and community leaders in eastern Manitoba, Canada. A scoping review was conducted to identify the size, scope, nature, and key themes of existing research in seven databases, inclusive of gray literature which is a key source for Indigenous organizations. In total, we analyzed 35 articles and documents. The emerging themes included: (1) sacred sites and the promotion of health and wellness; (2) sacred sites as places of knowledge; (3) the desecration and protection of sacred sites; and (4) legal battles between Indigenous Peoples and the state. Recommendations to advance understandings and correct colonially imposed imbalances are discussed, and health and legal implications are outlined.

Abusive taxation of religious minorities. A comparative study of Tai Ji Men in Taiwan and the Jehovah’s Witnesses in France.

On 23 April 2023, US Senator Orrin Hatch passed away at age 88. Two of his main interests were tax reform and religious liberty, topics that sometimes happen to intersect.2 Senator Hatch was well aware that abusive taxation can target religious or spiritual movements or religiously motivated advocacy groups which, for whatever reason, are disliked by some tax bureaucrats. One such instance is the case of Tai Ji Men in Taiwan, which remains unre- solved after more than 25 years of legal battles and public advocacy.3 I will com- pare that case with ones that the European Court of Human Rights has consid- ered in the last two decades.

Abusive taxation of religious minorities. A comparative study of Tai Ji Men in Taiwan and the Jehovah’s Witnesses in France.

On 23 April 2023, US Senator Orrin Hatch passed away at age 88. Two of his main interests were tax reform and religious liberty, topics that sometimes happen to intersect. Senator Hatch was well aware that abusive taxation can target religious or spiritual movements or religiously motivated advocacy groups which, for whatever reason, are disliked by some tax bureaucrats. One such instance is the case of Tai Ji Men in Taiwan, which remains unresolved after more than 25 years of legal battles and public advocacy. I will compare that case with ones that the European Court of Human Rights has considered in the last two decades.