Table of Contents

The Resource Management Act - How We Got It and What Changes are Being Made to It

Sir Geoffrey Palmer QC, Victoria University of Wellington - Faculty of Law

J. David Bleich: An Intellectual Portrait

Steven H. Resnicoff, DePaul University College of Law

Towards a Genealogy of Open Data

Jonathan Gray, Open Knowledge, University of Amsterdam, Royal Holloway, University of London, Columbia University

Legalizing the Illegality: Re-Incarnation of the Doctrine of Necessity in Nusrat Bhutto Case

Tipu Salman Makhdoom, Independent

Ending a Century of Violent Labor Conflict: A New Perspective on Unionization and the National Labor Relations Act

Margaret Levi, Stanford University - Center for Advanced Study in Behavioral Sciences @ CASBS
Tania Melo, University of Washington
Barry R. Weingast, Stanford University, Department of Political Science
Frances Zlotnick, Stanford University, Dept. of Political Science

Assimilation Through Law: Hans Kelsen and the Jewish Experience

Eliav Lieblich, Radzyner School of Law, Interdisciplinary Center (IDC)

Bankruptcy Discharge and the Emergence of Debtor Rights in Eighteenth Century England

Ann M. Carlos, University of Colorado at Boulder - Department of Economics
Edward Kosack, University of Colorado Boulder, Department of Economics
Luis Castro Penarrieta, Universidad Privada Boliviana


LEGAL HISTORY eJOURNAL

"The Resource Management Act - How We Got It and What Changes are Being Made to It" Free Download
[2014] RM Theory & Practice at 22.

SIR GEOFFREY PALMER QC, Victoria University of Wellington - Faculty of Law
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At a time when the New Zealand Government is proposing significant changes to New Zealand’s key environmental protection statute the Resource Management Act 1991, one of the architects traces the Act’s origin and history. The Act is based on the principle of sustainable management articulated in the report of the World Commission on Environment and Development in 1987. This chapter in a book analyses the forces that led to the enactment, particularly the National Development Act 1979. It also canvases weaknesses in the administration of the Act and critiques the Government’s proposals for reform.

"J. David Bleich: An Intellectual Portrait" Free Download
Steven H. Resnicoff, “J. David Bleich: An Intellectual Portrait,? in Hava Tirosh-Samuelson and Aaron W. Hughes (eds), J. David Bleich: Where Halakhah and Philsophy Meet (to be published by Brill Academic Publishers, Forthcoming)

STEVEN H. RESNICOFF, DePaul University College of Law
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J. David Bleich is an extraordinary interdisciplinary scholar who has made enormously significant theoretical and practical contributions to a variety of fields. He would undoubtedly describe himself primarily as a halakhist, a master of Jewish law, and he displays this expertise in a plethora of powerful, probing, panoptic analyses of diverse topics. Indeed, he is responsible for innovating a new genre of academic literature: truly outstanding Jewish law scholarship produced in the English language. Nevertheless, his training in philosophy coupled with his ardent commitment to traditional Jewish values have enabled him to address public policies concerns – particularly those involving family law and bioethics – in ways that resonate far beyond the Jewish community. In a tome devoted to Bleich role as one of the great Jewish philosophers of the twentieth century, this essay undertakes two tasks. First, it identifies the principal influences that have informed Bleich’s intellectual development. Second, it describes many of his fundamental philosophical perspectives and explains the roles they have played, and the ways in which they have been expressed, in his rich scholarly contributions.

"Towards a Genealogy of Open Data" Free Download
The paper was given at the General Conference of the European Consortium for Political Research in Glasgow, 3-6th September 2014.

JONATHAN GRAY, Open Knowledge, University of Amsterdam, Royal Holloway, University of London, Columbia University
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In just a few years, open data has been established as a fundamental cornerstone of official transparency and accountability initiatives around the world - from US President Barack Obama and UK Prime Minister David Cameron's respective open government programmes, to the Open Government Partnership, to the G8 Open Data Charter launched in June 2013.

This paper will suggest several threads for investigation for a genealogy of open data, examining how the rise of open data has coincided with a focus on technological innovation, public sector efficiency and economic growth in official transparency discourse rather than on social justice and meeting the needs of citizens. It proposes a programme of research into the politics of open data looking at how the concept is implicated in a broader, shifting landscape of political visions, values and practises, and how it is changing the way that different actors think and talk about transparency as a political concept.

"Legalizing the Illegality: Re-Incarnation of the Doctrine of Necessity in Nusrat Bhutto Case" Free Download

TIPU SALMAN MAKHDOOM, Independent
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Doctrine of State Necessity was first adopted by the Supreme Court of Pakistan in the first decade of creation of Pakistan; validating the extra-Constitutional steps of Governor General of Pakistan. Before expiration of another two decades, this doctrine was overruled by the Supreme Court. However, when General Zia ul Haq imposed Martial Law in 1977, Supreme Court distinguished the overruling Asma Jilani’s case and relying on the earlier case of Special Reference of 1955, legalized the imposition of Martial Law, on the basis of Doctrine of Necessity.

"Ending a Century of Violent Labor Conflict: A New Perspective on Unionization and the National Labor Relations Act" Free Download

MARGARET LEVI, Stanford University - Center for Advanced Study in Behavioral Sciences @ CASBS
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TANIA MELO, University of Washington
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BARRY R. WEINGAST, Stanford University, Department of Political Science
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FRANCES ZLOTNICK, Stanford University, Dept. of Political Science
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Open access to labor organizations lagged nearly a century behind open access to business organizations, arising as part of the New Deal in the mid-1930s. During the century previous to the New Deal, firms and governments actively suppressed labor organization, frequently resorting to violence. Conflict and violence ended with the National Labor Relations Act (NLRA) of 1935.

Why did the violence associated with labor last for a century? What did the NLRA do to solve this problem, and why couldn’t Congress have done so earlier? In this paper, we develop a new perspective on labor organization and violence that addresses these questions. We argue that the century-long violence surrounding labor resulted from an inability to solve a series of commitment problems. All three parties to the violence – labor, business, and government – faced commitment problems. We show that the NLRA succeeded because it finally solved the commitment problems underlying the century of labor violence.

"Assimilation Through Law: Hans Kelsen and the Jewish Experience" Free Download
(Pre-edited version) The Law of Strangers: Critical Perspectives on Jewish Lawyering and International Legal Thought (James Loeffler & Moria Paz eds., Cambridge University Press, Forthcoming)

ELIAV LIEBLICH, Radzyner School of Law, Interdisciplinary Center (IDC)
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Hans Kelsen was perhaps the foremost continental lawyer of the 20th century. The founder of the immensely influential Pure Theory of Law, he is primarily remembered as a groundbreaking Austrian jurist. However, Kelsen was also a Jew, albeit an extremely assimilated one. His life story – from his early days in Vienna until his death in California – is truly representative of the tragedy of European Jewry in the 20th century. This Chapter discusses Kelsen in light of the ever-present tensions between Jewish and European identity, with particular attention to his position as an international lawyer. Focusing on the period surrounding the publication of the first edition of his Pure Theory of Law (1934), the Chapter discusses Kelsen along three interrelating themes relevant to the Jewish experience of the time. The first part situates Kelsen in relation to a key dilemma of Jewish politics: the tension between Jewish nationalism and assimilationism. It highlights the different constructions of Kelsen’s identity, and their uses by various actors. The second theme focuses on assimilationist politics in Kelsen’s jurisprudence, suggesting a reading of Kelsen’s Pure Theory which I call “assimilation through law.? The third theme pitches Kelsen’s Pure Theory of (international) law against the ideology of progress – a key idea in the thought of assimilated Jewish internationalists. As I demonstrate, although Kelsen’s Pure Theory famously claimed to be “anti-ideological,? the notion of progressivism still shines through its cold and analytic reasoning.

"Bankruptcy Discharge and the Emergence of Debtor Rights in Eighteenth Century England" Free Download

ANN M. CARLOS, University of Colorado at Boulder - Department of Economics
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EDWARD KOSACK, University of Colorado Boulder, Department of Economics
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LUIS CASTRO PENARRIETA, Universidad Privada Boliviana
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Bankruptcy is a precise legal process defining the rules when debtor fails to repay their debts. These rules determine willingness to lend and to borrow and thus can affect economic growth. In 1706, the English Parliament passed a bankruptcy statute that provided potential rights for bankrupts and represents a fundamental change in the rules regarding bankruptcy. Where previously a bankrupt could exit bankruptcy only upon full repayment of debts, creditors could now choose to discharge a bankrupt prior to full repayment of his debts. In this paper, we develop a simple model to explore why creditors might discharge a bankrupt, and conduct an empirical analysis of archival bankruptcy data to show that discharges actually occurred. Not only did bankrupts benefit when creditors chose to discharge bankrupts prior to full payment, but also we find that creditors could benefit due to greater asset revelation by bankrupts.

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Legal History eJournal

KWAME ANTHONY APPIAH
Princeton University - Department of Philosophy

PETER PRESTON BROOKS
Andrew W. Mellon Foundation Scholar, Center for Human Values, Peter Brooks, Princeton University

JUDITH BUTLER
University of California, Berkeley

KIMBERLE CRENSHAW
Columbia Law School

HENRY LOUIS GATES
Harvard University - Department of African-American Studies

THOMAS C. GREY
Nelson Bowman Sweitzer & Marie B. Sweitzer Professor of Law, Stanford Law School

DONNA HARAWAY
University of California, Santa Cruz - History of Consciousness

DUNCAN KENNEDY
Harvard Law School

MARGARET JANE RADIN
Henry King Ransom Professor of Law, University of Michigan Law School, Distinguished Research Scholar, University of Toronto Faculty of Law

REVA B. SIEGEL
Nicholas deB. Katzenbach Professor of Law, Yale University - Law School

KENDALL THOMAS
Columbia Law School

IRIS MARION YOUNG
University of Chicago, Deceased , University of Chicago - Department of Political Science