Phenomenology of the trickster archetype,U.S. electoral politics and the Black Lives Matter movement

This paper examines the Black Lives Matter (BLM) movement in cultural, historical and relational contexts at the intersection of the U.S. Civil Rights movement, U.S. Civil Rights legislation, the Voting Rights Act of 1965 and reforms thereto in the recent U.S. Supreme Court decision of Shelby County v Holder, 570 U.S.529 (2013). The intergenerational relations between the BLM movement and these ongoing movements for civil and human rights is underscored. In the wake of protests about the sadistic murder of George Floyd, an unarmed African American man, by a Caucasian police officer, the BLM movement has been mischaracterized as an affront to law and order by the Trump-led U.S. administration. The mischaracterization was a re-election campaign effort designed to ignite ‘white fear’, ‘white rage’ and to defend police brutality and systemic racism. Analytical psychology and the phenomenology of the trickster archetype, as amplified from the African-centric perspective in the Yoruba deity Esu-Elegba, are employed to interrogate partisan obstructionist behaviours that assault multicultural democracy in both contemporary U.S. electoral politics and the political economy. The paper concludes with a brief note on the social activism of Fair Fight Georgia and the integration of its agenda into the BLM movement.     

Minority religions,litigation, and the prevention of harm

Religious anti-discrimination legislation institutionalises non-violent ways of living with radical difference associated with religious diversity. The need to govern the growing number of conflicts generated by increasingly pluralistic societies is a major reason governments have introduced a range of new laws relating to religion. These laws are important not only because they protect human rights, which they do, but also because they shape social processes that generate extreme harms such as mass murder and the sexual abuse of minors. A detailed examination of three case studies of minority religions illustrates this argument. The histories of the Fundamentalist Latter Day Saints and The Family demonstrate that the socio-cultural processes that result in sexual abuse in minority religions are similar to the processes that result in extreme violence and that litigation plays a key role in preventing the escalation of these processes, although it is of a post hoc nature. The case of the Ordo Templi Orientis demonstrates that religious anti-discrimination legislation proactively disrupts the socio-cultural processes that lead to the escalation of tension that results in serious forms of harm.     

School-Wide Behavior Support: Legal Implications and Requirements

SUMMARY

Administrators and teachers have long been challenged by student discipline problems. In the last few years more efforts have been aimed at the prevention of both disruptive and violent behavior through school-wide discipline programs. These programs have great promise as effective ways to address disruptive behavior. In this article we examine laws and policies that support the use of school-wide discipline programs. To do this, first we present a brief overview of the primary components of these policies. Next, we examine laws and court cases that address school-wide discipline policies and procedures. Finally, we discuss the legal implications when developing school-wide discipline policies and procedures.     

History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation

Summary

In this chapter, attorney Mary R. Williams examines how while Childhood Sexual Abuse (CSA) cases share many of the types of facts for which delayed discovery, mental incapacity, equitable estoppel and other legal statutes of limitations doctrines were created, the combination of factors of CSA cases, including unusual social dynamics and long-term psychological effects, does not fit exactly with any of these legal doctrines. She explores the historical development of delayed discovery statutes of limitations, evaluates the different types of statutes and case law, and analyzes the problematic use of the concept of repression in legislation. This chapter interprets her ground-breaking state-by-state tabulations of delayed discovery statutes of limitations and reported appellate decisions on limitations in CSA actions, published in this volume as appendices A, B, and C.     

浅析知情同意权在我国立法中的不足

分析了我国在知情同意问题上的法律规则,指出我国现有法律存在四方面的立法缺陷,即对医生同时柯加告知义务与不告知义务,使医生陷入两难处境;在病人同意权方面只要求实验性和特殊诊疗措施征得病人同意,同意的主体上多且乱,过份强调病人家属的同意,侵害或剥夺了病人的自主权;对知情同意权的含义认识不清;知情权与同意权相分离而没有形成完整统一的病人知情同意权,在此基础上,提出完善我国立法的建议。     

法律运行道德追问的两重向度

将法律运行的道德追问规定为两重向度 ,既有其学理的依据 ,又是历史给予的启示和破解现实难题的需要。对立法的道德追问不仅要考察法之形式正义和实质正义 ,而且要审视法与社会主导道德以及与广大民众心理和情感相契合的状况。对司法的道德追问则不仅要关注司法是否公正以及司法工作者是否具有良好的职业道德素质 ,而且应特别关注当下我国社会全面转型时期司法之“应然”。     

对“家属签字”制度的立法思考

李丽云悲剧的发生,使《医疗机构管理条例》第三十三条规定的“家属签字”制度成为公众及法律界人士关注的焦点。“家属签字”制度受到道德和法律的双重拷问。从“家属签字”制度中潜在的法律推定出发,对“家属签字”制度的正当性依据、“特殊情况”下对患者的求生推定等六方面问题做些有益探讨,以期完善我国医疗管理法律法规。     

我国人体器官捐赠移植立法问题研究

通过对我国人体器官捐赠移植立法的必要性和立法模式问题,以及我国人体器官捐赠移植法的体系和基本原则进行深入研究,指出我国人体器官捐赠移植立法宜采用统一立法模式,并遵循知情同意、人民健康第一、效用与公平、规范程序与便于操作、违法必究五项原则。