Papers by Christopher Roederer
Mastering Constitutional Law (Carolina Academic Press Mastering Series)
Obscenity from Fifty Shades of Gray to Virtually Free: Patently Offensive and Socially Valuable Materials that Appeal to Our Shameful and Morbid Interests in Sex
Christopher Roederer is the author of Chapter 2 in the following book: Weaver, Russell L., Mark D... more Christopher Roederer is the author of Chapter 2 in the following book: Weaver, Russell L., Mark D. Cole, and Steven I. Friedland. Comparative perspectives on freedom of expression. Durham, NC: Carolina Academic Press, 2017. Outline of topics in this chapter: The Ubiquity of the Obscene Obscenity Is a Legal Anomaly “We” Don’t Really Know It When We See It What Community? What Standards? Offensive? We Are What We Eat, Not What We Claim Suits Our Taste “Serious”Value? The Obscene Is Political Conclusionhttps://ecommons.udayton.edu/books/1007/thumbnail.jp
Maxims and Arrows, in TWILIGHT OF THE IDOLS AND THE ANTI-CHRIST 23 (R.J. Hollingdale trans., 1968... more Maxims and Arrows, in TWILIGHT OF THE IDOLS AND THE ANTI-CHRIST 23 (R.J. Hollingdale trans., 1968). The original German text of TWILIGHT OF THE IDOLS has the subtitle, HOW TO PHILOSOPHIZE WITH A HAMMER. While it is difficult to have a discussion with a hammer, hammers can be constructive while wrecking balls cannot. 5. The rhetoric of sides also overgeneralizes. The victims of the polarization of our public discourse are those who occupy the vast middle: those who do not identify as radical left or right and really just want the truth and a functioning country. As the 2018 Mueller indictments disclose, Russia sought to undermine our democracy by exploiting this polarization.
Founding Provisions
This is Chapter 13 of Stuart Woolman et al., eds., Constitutional Law of South Africa. Cape Town,... more This is Chapter 13 of Stuart Woolman et al., eds., Constitutional Law of South Africa. Cape Town, South Africa: Juta & Co., 2006.https://ecommons.udayton.edu/books/1010/thumbnail.jp
Jurisprudence
Jurisprudence is a comprehensive treatment of the subject by many of the leading legal theorists ... more Jurisprudence is a comprehensive treatment of the subject by many of the leading legal theorists in South Africa. Each of the major schools of jurisprudence, as well as a number of the major issues in jurisprudence, are discussed in a sophisticated yet accessible style. Each of the schools is assessed for its relevance to South Africa and South African law. Further, Jurisprudence provides the reader with an introduction that contains a metatheoretical approach and set of tools for systematically evaluating the man and various theoretical claims found within the book and in the subject more generally.https://ecommons.udayton.edu/books/1005/thumbnail.jp
Florida Statutory Interpretation
This is a text designed for either a short stand-alone course on Florida statutory interpretation... more This is a text designed for either a short stand-alone course on Florida statutory interpretation or as a supplement for those wishing to integrate Florida-specific materials into a course on statutory interpretation or on legislation more generally. It follows the conventional treatment of statutory interpretation found in standard textbooks on the subject. This book captures the doctrine on Florida statutory interpretation through recent leading cases and includes introductory materials, notes, and questions in order to further explain and probe the doctrinal issues.https://ecommons.udayton.edu/books/1004/thumbnail.jp
Mastering Constitutional Law
This book covers the essential elements of constitutional law in a condensed framework with a con... more This book covers the essential elements of constitutional law in a condensed framework with a concise, up-to-date, user-friendly approach. Each chapter begins with a simple roadmap alerting the reader to the direction of the chapter. The chapter unfolds according to that plan and then ends with a list of checkpoints that summarize the chapter in pithy phrases. The book ends with a complete outline for constitutional law.https://ecommons.udayton.edu/books/1002/thumbnail.jp
Working the Common Law Pure: Developing the Law of Delict (Torts) in Light of the Spirit, Purport and Objects of South Africa's Bill of Rights
Ariz. J. Int'l & Comp. L., 2009
... up the legal traditions of the world into Chthonic, Talmudic, Civil, Islamic, Common, and Hin... more ... up the legal traditions of the world into Chthonic, Talmudic, Civil, Islamic, Common, and Hindu. ... in Kaunda v. President of the Republic of South Africa, "[O]ur Constitution recognises and ... and Hochstadter, [1913 (390) WLD (AD) (S. Afr.)] regarding a minor's contract agreeing to ...
Humanity & Society, 2018
contradictions of the capitalist world economy, via an alternative political party led by a chari... more contradictions of the capitalist world economy, via an alternative political party led by a charismatic leader. McKelvey argues that the blueprint for this alternative socialist vision and political process is enshrined in the declaration issued by 33 Latin American and Caribbean countries constituting the Community of Latin American and Caribbean States in Havana in January 2014 that underscored Latin American unity and integration, economic and political cooperation, protection of the rights of indigenous persons, improvement in living standards for all persons, national sovereignty, and ecological sustainability. I wish, though, that the book included more quotes from participants in Cuban popular democratic institutions at the local level. Could it be that the social, economic, racial, ethnic, and gendered insecurities and ferment brought into relief by election of Donald Trump, and the resurgence of the right in many parts of Europe, provide an opportunity and hope for a more popular democratic and socialist future? McKelvey concludes his book with an Appendix in which he reflects on these issues. Trump, he notes, benefited from manipulating a sense of insecurity generated by the specter of terrorism and immigration in the face of the failure of the left to articulate an alternative narrative explaining the global forces that interconnect to affect people globally and in the north. McKelvey argues that socialism for the twenty-first century offers hope for North Americans via understanding that terrorism and displacement are rooted in neocolonial capitalist domination. The hope rests in acknowledging that the countries of the South have a reasonable right to self-determination and that economic nationalism in the United States needs to be balanced via "a spirit and practice of internationalism, solidarity, and cooperation" (p. 262). McKelvey's book provides an opportunity to consider and debate how something could be done to make for a just and sustainable world based on popular democracy. This is an intriguing prospect in light of increased discontent, and often spontaneous resistance, related to policies of the Trump administration, and the increase in the number of progressive and democratic socialist candidates in the mid-term elections of 2018.
Now Trending: Loving the Internet Terrorist?
This is chapter 10 in in Clive P. Walker and Russell L. Weaver eds. Free Speech in an Internet Er... more This is chapter 10 in in Clive P. Walker and Russell L. Weaver eds. Free Speech in an Internet Era. Durham, NC: Carolina Academic Press, 2013. pp. 129-144.https://ecommons.udayton.edu/books/1009/thumbnail.jp
Obscenity from Fifty Shades of Grey to Virtually Free: Patently Inoffensive and Socially Valuable Materials that Appeal to our Shameful and Morbid Interests in Sex
Victims’ Rights and Redress
Introduction to the Promotion of Equality and Prevention of Unfair Discrimination Act: Act 4 of 2000
Jurisdiction, interpretation, procedure and enforcement; prohibition against unfair discriminatio... more Jurisdiction, interpretation, procedure and enforcement; prohibition against unfair discrimination; the prohibition of hate speech, harassment and dissemination or publication of information that unfairly discrimates; illustrative list of unfair practices in certain sectors.https://ecommons.udayton.edu/books/1006/thumbnail.jp
Righting the Wrongs of Apartheid Justice for Victims and Unjust Profiteers
Theoria, 2004
University of St. Thomas law journal, 2018
Maxims and Arrows, in TWILIGHT OF THE IDOLS AND THE ANTI-CHRIST 23 (R.J. Hollingdale trans., 1968... more Maxims and Arrows, in TWILIGHT OF THE IDOLS AND THE ANTI-CHRIST 23 (R.J. Hollingdale trans., 1968). The original German text of TWILIGHT OF THE IDOLS has the subtitle, HOW TO PHILOSOPHIZE WITH A HAMMER. While it is difficult to have a discussion with a hammer, hammers can be constructive while wrecking balls cannot. 5. The rhetoric of sides also overgeneralizes. The victims of the polarization of our public discourse are those who occupy the vast middle: those who do not identify as radical left or right and really just want the truth and a functioning country. As the 2018 Mueller indictments disclose, Russia sought to undermine our democracy by exploiting this polarization.
The legislation that gave birth to the Truth and Reconciliation Commission provides for the possi... more The legislation that gave birth to the Truth and Reconciliation Commission provides for the possibility of amnesty to the perpetrators of certain crimes and delicts. It also provides for the possibility of reparations to the victims of apartheid who suffered as a result of their human rights being grossly violated. The problem with the legislation is that it is only competent to deal with matters falling within its ambit, but there are numerous issues that still need to be addressed which clearly fall outside of it. One might be tempted to say that such issues falling beyond the scope of the TRC mandate should then be dealt with according to the ordinary principles governing the legal relationship between those who suffer a loss and those that cause their loss. But the difficulty is that the unjust benefits and wrongful burdens imposed and facilitated by apartheid are effectively passed on from generation to generation. The descendants of apartheid's victims continue to suffer a grave disadvantage. And in addition to this it is not only the actual perpetrators of the abuses that have benefited from apartheid but also later generations of white South Africans and corporations who continue to enjoy unequal advantage to springboard themselves ahead of black competitors who are still, for the most part, shackled by the disadvantage of apartheid. Whilst the state has made significant * The following work was developed out of the two authors' contribution to a submission to the TRC Committee on Reparation and Rehabilitation titled "The Case Against Apartheid's Beneficiaries" by Ben Cashden, Kevin Hopkins, Chris Roederer and others. We would like to acknowledge the help of Roman David,
The darkest thing about Africa has always been our ignorance of it. ++ * Associate Professor of L... more The darkest thing about Africa has always been our ignorance of it. ++ * Associate Professor of Law, Florida Coastal School of Law; Senior Research Fellow, University of the Witwatersrand School of Law. The author thanks the panelists from the American Association of Law Schools Annual Meeting panel on Comparative Tort Law: Beyond Europe, organized by the Torts and Compensation Section, the numerous members of the section who attended and provoked further thought on these issues, and in particular, Ellen Bublik, who brought us all together for this panel. I also thank the many colleagues at Florida Coastal who attended the presentation of this paper at the AALS as well as Brian Foley, Michael Lewyn, Elizabeth DeCoux, and Itzchak Kornfeld for comments on earlier drafts of this work. The research was made possible by a summer research grant from Florida Coastal School of Law. Finally, special thanks go to my research assistants. Jessica R. Rieffel worked tirelessly on the bulk of this paper up to the Conference, and Nina L. Banaie has been wonderful in helping me put the final touches on the piece.
Equality Law. Reflections from South Africa and Elsewhere, edited by Saras Jagwanth and Evance Kalula : book review
South African Law Journal, 2003
Judicious Engagement: Theory, Attitude and Community
South African Journal on Human Rights, 1999
This response to Iain Currie's ‘Judicious Avoidance’ ((1999) 15 SAJHR 138) argues that any at... more This response to Iain Currie's ‘Judicious Avoidance’ ((1999) 15 SAJHR 138) argues that any attempt by the South African Constitutional Court at judicious avoidance should be preceded by judicious e...
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Papers by Christopher Roederer