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This essay examines the controversy over the proposed civilian trial of Khalid Sheikh Mohammed inaugurated a moment with the potential to nullify what Italian philosopher Giorgio Agamben calls the “state of exception.” I argue that the controversy over the trial showed a way forward for...
Crime policy is often created as a reaction to victimization, influenced by personal sphere arguments, and without much consultation with or assessment by technical experts. This is especially true for “memorial crime” policies such as the AMBER Alert expansion, “Skylar's Law” in West Virginia....
The different argument norms that govern scientific and legal argument spheres present a series of challenges when scientific arguments are subject to adjudication in legal contexts. As these argument spheres intersect, there is a process of negotiation between making scientific arguments...
Using the Determination for the Rights and Unity of Menominee leader Ada Deer's opening statements at the congressional hearings on restoration, this essay argues Deer inverts the ideals of liberal democracy from being an argument that compelled termination to one that justifies restoration t by...
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