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An Historical Analysis of the Voidability of Contracts in The
An Historical Analysis of the Voidability of Contracts in the Long Eighteenth Century: Control vs. Protection Kate Hunter, LLB (Hons) Lancaster University June 2018 This thesis is submitted to fulfil the requirements of the degree of Doctor of Philosophy Declaration I declare that this thesis is my own work, and has not been submitted for the award of a higher degree at any other university. Elements of Chapter Six have been presented at the Society for Legal Scholars Conference (York, 2015) and Chapter Four has been presented as a conference paper at the Arts & Humanities Postgraduate Research Conference (Stirling, 2018). Kate Hunter i Acknowledgments Firstly, I wish to thank Dr Richard Austen-Baker for his continued support and guidance as Supervisor for this thesis, and whose genuine enthusiasm for the historical aspects as well as the law has provided a constant source of motivation. To Professor David Campbell, for his advice and direction, and particular thanks to other members of the Law School, notably Professor Alisdair Gillespie and Dr Siobhan Weare for allowing me to gain valuable experience and undertake opportunities alongside my PhD. The support of the staff generally within the Law School has been invaluable and I am most grateful to all that Lancaster has given me both during my PhD and earlier, as an undergraduate student. Additionally, thank you to Lonsdale College staff and porters, for providing great support and encouragement, particularly in my final year as an Assistant Dean. I wish also to thank my friends, for always providing a listening ear and the best advice. -
The Political Economy of Marriage: Joanne Payton
‘Honour’ and the political economy of marriage Joanne Payton Thesis submitted for the degree of PhD, 2015 i DECLARATION This work has not been submitted in substance for any other degree or award at this or any other university or place of learning, nor is being submitted concurrently in candidature for any degree or other award. Signed (candidate) Date: 13 April 2015 STATEMENT 1 This thesis is being submitted in partial fulfilment of the requirements for the degree of PhD. Signed (candidate) Date: 13 April 2015 STATEMENT 2 This thesis is the result of my own independent work/investigation, except where otherwise stated. Other sources are acknowledged by explicit references. The views expressed are my own. Signed (candidate) Date: 13 April 2015 STATEMENT 3 I hereby give consent for my thesis, if accepted, to be available for photocopying and for inter-library loan, and for the title and summary to be made available to outside organisations. Signed (candidate) Date: 13 April 2015 Summary ‘Honour’-based violence (HBV) is defined as a form of crime, predominantly against women, committed by the agnates of the victim, often in collaboration, which are justified by the victims’ perceived violation of social norms, particularly those around sexuality and gender roles. While HBV is often considered as a cultural phenomenon, I argue that the cross-cultural distribution of crimes fitting this definition prohibits a purely cultural explanation. I advance an alternate explanation for HBV through a deployment of the cultural materialist strategy and the anthropological theories of Pierre Bourdieu, Claude Lévi-Strauss (as interpreted by Gayle Rubin) and Eric Wolf. -
Immigration Law Advisor
U.S. Department of Justice http://eoir-vll/lib_index.html Executive Office for Immigration Review Published since 2007 Immigration Law Advisor June-July 2013 A Legal Publication of the Executive Office for Immigration Review Vol. 7 No. 6 Understanding Marriage-Based In this issue... K Nonimmigrant Visas: The Difficulty in Saying “I Do” Page 1: Feature Article: by Josh Lunsford Understanding Marriage- Based K Nonimmigrant do.” Two of the most powerful, controversial, and misunderstood Visas: The Difficutly in words in the immigration field. For aliens hoping to immigrate Saying “I Do” “Ito the United States, these words can be the path—and Page 5: Federal Court Activity sometimes an immediate one—to acquiring permanent residence. See, e.g., Page 9: BIA Precedent Decisions section 201(b)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1151(b)(2)(A)(i). For aliens in the country illegally, these words can be the difference between an order of removal and a grant of relief therefrom. See, e.g., section 240A(b)(1) of the Act, 8 U.S.C. § 1229b(b)(1). For others, these words are nothing more than an open invitation to the backdoor The Immigration Law Advisor is a See, e.g. Hello, I Love You, professional newsletter of the Executive of our immigration system. , David Seminara, Office for Immigration Review Won’t You Tell Me Your Name: Inside the Green Card Marriage Phenomenon, (“EOIR”) that is intended solely as an Backgrounder (Ctr. for Immigr. Studies, D.C.), Nov. 2008, available at educational resource to disseminate http://cis.org/marriagefraud. -
Immigration Provisions of the Violence Against Women Act (VAWA)
Immigration Provisions of the Violence Against Women Act (VAWA) William A. Kandel Analyst in Immigration Policy June 7, 2012 Congressional Research Service 7-5700 www.crs.gov R42477 CRS Report for Congress Prepared for Members and Committees of Congress Immigration Provisions of the Violence Against Women Act (VAWA) Summary The Immigration and Nationality Act (INA) includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions, initially enacted by Congress with the Immigration Act of 1990 and the Violence Against Women Act (VAWA) of 1994, afford benefits to abused foreign nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen or LPR relatives who originally sponsored them. Congress reauthorized VAWA with the Battered Immigrant Women Protection Act of 2000, which also created the U visa for foreign national victims of a range of crimes—including domestic abuse—who assisted law enforcement. A second reauthorization in 2005 added protections and expanded eligibility for abused foreign nationals. VAWA expired in 2011. On November 30, 2011, Senator Leahy introduced S. 1925, the Violence Against Women Reauthorization Act of 2011. It was referred to the Committee on the Judiciary and reported favorably on February 7, 2012. On April 26, 2012, the Senate passed it by a vote of 68 to 31. In the House, Representative Adams introduced H.R. 4970 (To reauthorize the Violence Against Women Act of 1994) on April 27, 2012. It was referred to the House Judiciary Committee where it was reported favorably on May 8, 2012. The House passed the bill in the nature of a substitute on May 16, 2012, by a vote of 222 to 205. -
Kurdistan Region of Iraq (KRI) Women and Men in Honour- Related Conflicts
Country report NOVEMBER 2018 COUNTRY OF ORIGIN INFORMATION (COI) Kurdistan Region of Iraq (KRI) Women and men in honour- related conflicts Report based on interviews in Erbil and Sulaimania, KRI © 2018 The Danish Immigration Service The Danish Immigration Service Ryesgade 53 2100 Copenhagen Denmark Phone: +45 35 36 66 00 newtodenmark.dk November 2018 All rights reserved to the Danish Immigration Service. The publication can be downloaded for free at newtodenmark.dk The Danish Immigration Service’s publications can be quoted with clear source reference. KURDISTAN REGION OF IRAQ (KRI), WOMEN AND MEN IN HONOUR-RELATED CONFLICTS Contents Contents ...................................................................................................................................................1 Disclaimer .................................................................................................................................................3 Introduction and methodology ................................................................................................................. 4 Abbreviations ...........................................................................................................................................6 Executive summary ................................................................................................................................... 7 1. Background on honour conflicts in Kurdistan Region of Iraq (KRI) ...................................................... 9 2. Prevalence of honour-related -
Youth Law Manual Is the Centerpiece of Our Youth Law Education Project
FOREWORD For almost a century, the New York County Lawyers’ Association has not only helped the public learn about the law but also helped our society appreciate how essential the rule of law is to our system of government. For almost 25 years, our Law-Related Education Committee has translated that mission into a remarkable array of projects aimed at young people in our City under the able leadership of its chair Justice Richard Lee Price. This NYC Youth Law Manual is the centerpiece of our Youth Law Education Project. It is a shining example of his committee’s commitment to providing high school students and their teachers with a readable, practical, and relevant guide to laws of special interest to young people. The Manual’s 23 chapters provide essential information ranging from an overview of the US system of government to an explanation of current immigration laws. Its discussion of the array of our citizens’ rights importantly emphasizes the corresponding responsibilities assumed by all members of our community. Using this Manual as a guide, young people can explore how the law affects their lives and shapes their futures. All of us hope that their journey of exploration will lead many to consider choosing the law as a career. The Association is proud to express its foremost thanks to Justice Price for his vision and dedication to this wonderful work. Many thanks also go the members of the LRE Committee, several of whom even worked on the previous edition ten years ago. A team from my own firm, Cadwalader, Wickersham & Taft LLP, led by Ivan Dominguez, prepared the draft manuscript and composed 12 new chapters. -
Women Rights and Gender Equality
STUDY Policy Department C Citizens Rights and Constitutional Affairs THE INCREASE IN KURDISH WOMEN COMMITTING SUICIDE WOMEN RIGHTS AND GENDER EQUALITY JUNE 2007 PE 393.248 JANUARY 2004 EN i Directorate-General Internal Policies Policy Department C Citizens Rights and Constitutional Affairs THE INCREASE IN KURDISH WOMEN COMMITTING SUICIDE STUDY PE 393.248 ii This note was requested by: The European Parliament's committee on Women's Rights and Gender Equality. This paper is published in the following languages: EN, FR. Authors: Kurdish Human Rights Project, London Manuscript completed in June 2007 Copies can be obtained through: Ms Claire Genta Tel: +32 2 2832628 Fax: +32 2 2832365 E-mail: [email protected] Informations on DG Ipol publications: http://www.ipolnet.ep.parl.union.eu/ipolnet/cms Brussels, European Parliament The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. iii Kurdish Human Rights Project European Parliament Project: The Increase in Kurdish Women Committing Suicide Final Report Contents Page Acknowledgments v Executive Summary vii Project Methodology ix Chapter One: 1 A Situational Analysis of Women in the Kurdish Regions of Turkey Introduction 1 1 Women in the Kurdish Regions of Turkey: A Historical Overview 1 1.1 The impact of the conflict: IDPs and gender marginalisation 1 1.2 The impact of state violence 4 1.3 The European Union accession process, the limited implementation of Turkey’s international -
Transculturalism, Otherness, Exile, and Identity in Chimamanda Ngozi Adichie’S Americanah
Matatu 49 (2017) 386–399 brill.com/mata Transculturalism, Otherness, Exile, and Identity in Chimamanda Ngozi Adichie’s Americanah Augustine Uka Nwanyanwu University of Port Harcourt, Nigeria [email protected]; [email protected] Abstract Today African literature exhibits and incorporates the decentred realities of African writers themselves as they negotiate and engage with multifarious forms of dias- pora experience, dislocation, otherness, displacement, identity, and exile. National cultures in the twenty-first century have undergone significant decentralization. New African writing is now generated in and outside Africa by writers who themselves are products of transcultural forms and must now interrogate existence in global cities, transnational cultures, and the challenges of immigrants in these cities. Very few nov- els explore the theme of otherness and identity with as much insight as Adichie’s Americanah. The novel brings together opposing cultural forms, at once transcend- ing and celebrating the local, and exploring spaces for the self where identity and otherness can be viewed and clarified. This article endeavours to show how African emigrants seek to affirm, manipulate, and define identity, reclaiming a space for self where migrant culture is marginalized. Adichie’s exemplary focus on transcultural engagement in Americanah provides an accurate representation of present-day African literary production in its dialectical dance between national and international partic- ularities. Keywords transculturalism – Adichie – identity – otherness – exile – displacement © koninklijke brill nv, leiden, 2017 | doi: 10.1163/18757421-04902008Downloaded from Brill.com09/27/2021 03:39:14AM via free access transculturalism, otherness, exile, and identity 387 Introduction The post-independence period in Nigeria during the 1980s and 1990s was mark- ed by massive economic and academic emigration to the stable and prosper- ous West (notably the usa and the uk). -
The Arbitress of Passion and of Contract: Eliza Haywood
THE ARBITRESS OF PASSION AND OF CONTRACT: ELIZA HAYWOOD AND THE LEGALITY OF LOVE Except where reference is made to the work of others, the work described in this dissertation is my own or was done in collaboration with my advisory committee. This dissertation does not include proprietary or classified information. ________________________________ LaShea S. Stuart Certificate of Approval: ___________________________ __________________________ Alicia Carroll Paula R. Backscheider, Chair Associate Professor Professor English English ___________________________ _________________________ Penelope Ingram Joe F. Pittman Associate Professor Interim Dean English Graduate School THE ARBITRESS OF PASSION AND OF CONTRACT: ELIZA HAYWOOD AND THE LEGALITY OF LOVE LaShea Simmons Stuart A Dissertation Submitted to the Graduate Faculty of Auburn University in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Auburn, Alabama December 15, 2006 THE ARBITRESS OF PASSION AND OF CONTRACT: ELIZA HAYWOOD AND THE LEGALITY OF LOVE La Shea Simmons Stuart Permission is granted to Auburn University to make copies of this dissertation at its discretion, upon request of individuals or institutions and at their expense. The author reserves all publication rights. __________________________ Signature of Author __________________________ Date of Graduation iii DISSERTATION ABSTRACT THE ARBITRESS OF PASSION AND OF CONTRACT: ELIZA HAYWOOD AND THE LEGALITY OF LOVE Shea Stuart Doctor of Philosophy, December 15, 2006 (M.A., Auburn University, 2000) (B.A., Troy State University, 1996) 290 Typed Pages Directed by Paula R. Backscheider My dissertation is a cultural studies exploration of how the eighteenth-century British author Eliza Haywood legitimizes women’s presence in the legal landscape through illustrations of women’s experiences with contract, property, and marital law. -
“Of the Law, but Not Its Spirit”: Immigration Marriage Fraud As Legal Fiction and Violence Against Asian Immigrant Women
“Of the Law, but Not Its Spirit”: Immigration Marriage Fraud as Legal Fiction and Violence Against Asian Immigrant Women Lee Ann S. Wang* Introduction ................................................................................................................... 1221 I. Immigration Marriage Fraud as a Legal Fiction ................................................... 1228 II. The Racial Problem with “Coaching” .................................................................. 1235 III. Translation as Fraudulent Speaker ...................................................................... 1239 IV. Love Letters and Whiteness ................................................................................. 1243 V. The Citizen Subject as Innocent Speaker............................................................. 1246 Conclusion ...................................................................................................................... 1249 INTRODUCTION The Immigration Marriage Fraud Amendments of 1986 (IMFA)1 was a relatively brief piece of legislation that passed quickly through Congress during a neoliberal era of increased criminalization against communities of color, heightened anti-immigrant legislation, rollbacks in social welfare, and an uncritical reliance on methods of punishment as the solution to the problem of violence against women.2 Although the IMFA was originally designed to prevent U.S. * Assistant Professor in Women’s Studies at the University of HawaiΣi at Mnoa. I thank those legal advocates whose stories -
Immigration Provisions of the Violence Against Women Act (VAWA)
Immigration Provisions of the Violence Against Women Act (VAWA) William A. Kandel Analyst in Immigration Policy May 15, 2012 Congressional Research Service 7-5700 www.crs.gov R42477 CRS Report for Congress Prepared for Members and Committees of Congress Immigration Provisions of the Violence Against Women Act (VAWA) Summary The Immigration and Nationality Act (INA) includes provisions to assist foreign nationals who have been victims of domestic abuse. These provisions, initially enacted by Congress with the Immigration Act of 1990 and the Violence Against Women Act (VAWA) of 1994, afford benefits to abused foreign nationals and allow them to self-petition for lawful permanent resident (LPR) status independently of the U.S. citizen or LPR relatives who originally sponsored them. Congress reauthorized VAWA with the Battered Immigrant Women Protection Act of 2000, which also created the U visa for foreign national victims of a range of crimes—including domestic abuse—who assisted law enforcement. A second reauthorization in 2005 added protections and expanded eligibility for abused foreign nationals. VAWA expired in 2011. On November 30, 2011, Senator Leahy introduced S. 1925, the Violence Against Women Reauthorization Act of 2011. It was referred to the Committee on the Judiciary and reported favorably on February 7, 2012. S. 1925 contains provisions that would expand protections and eligibility to foreign national victims of domestic abuse. Among other provisions included in the bill, it would allow children to continue to apply for protections and legal status under VAWA in the case of the death of their self-petitioner parent, a protection currently afforded only to child applicants for lawful permanent status under family-based immigration provisions of the INA. -
Cambridge University Press 978-1-108-48568-5 — the Origins of the English Marriage Plot Lisa O'connell Index More Information
Cambridge University Press 978-1-108-48568-5 — The Origins of the English Marriage Plot Lisa O'Connell Index More Information Index Absolute Unlawfulness of Stage Entertainments, Austen, Jane, 3, 9, 112, 113, 135, 174, 184, 185, 186, The (Law), 87 190, 208, 218, 229, 231 Account of Marriage, An, 59 and canonicity, 218 Adam Bede (Eliot), 232 and Gretna Green, 204, 219–21 Addison, Joseph, 106, 138, 143, 146, 147–52, and the Patriot marriage plot, 186, 221–2 169, 182 Emma, 213, 218, 221, 222, 223 Adventures of David Simple, The (Sarah Mansfield Park, 186, 204, 213, 221, 222–9 Fielding), 163 Northanger Abbey, 221 Adventures of Eovaai, The (Haywood), 187 Persuasion, 221 Aeschylus, 152 Pride and Prejudice, 186, 213, 218–20, Alleman, Gellert Spencer, 58–9 221, 222 amatory fiction, 5, 55, 90, 93, 187 Sense and Sensibility, 221 ancient constitution, 33, 154 Austin, J. L., 60 Anglican Church, 2, 3, 11, 20, 36, 38, 39, 47, 106, 141–44 banns. See wedding banns ‘Broad’ church, 16, 148, 243n99, 244n104 Barnard, John Sir, 63 diminution of the, 180, 212, 226, 229 Barrington, William Wildman, second Viscount and outreach, 8, 9, 10, 15, 17–18, 89, 91, 112 Barrington, 57 and parliament, 15–16, 24 Barry, Spranger, 75 See also Erastianism; High Church Barthes, Roland, 205 Anglicanism; High Church Toryism Beau’s Duel, The (Centlivre), 58 Anglican clergy, 2, 29, 70, 89, 106, 107, Beckford, William the Elder, 197 173 Bedford, Duke of. See Russell, John, fourth duke and pluralism, 20, 142, 160, 167, 238n39 of Bedford See also parsons; subaltern clergy Beggar’s Opera, The (Gay), 44–5, 64, 65, Anne, Queen of Great Britain, 16, 17 69, 73 anticlericalism, 16, 122 Behn, Aphra, 6, 58, 59 and Fielding, 70–1, 136, 146, 151, 152 Belinda (Edgeworth), 230–2 and the theatre, 46, 58, 73, 136 Bennet and Spencer v.