James Stewart

Florida State University

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Saleem Watson

California State University, Long Beach

Lothar Redlin

Abington Memorial Hospital

Theodore P. Williams

University of Colorado Denver

Barbara N. Baker

Georgia Institute of Technology

Steven R. Ratner

University of Michigan–Ann Arbor

Jiewuh Song

Seoul National University

David Luban

Georgetown University

Asad Kiyani

University of Victoria

Patricia A. Michael

Carmen E. Pavel

New York Law School

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Baylor College of Medicine

King's College London

Royal Marsden NHS Foundation Trust

Royal Marsden Hospital

University of British Columbia

University College London

Florida State University

Universidad de Londres

University of Oxford

Cancer Research UK Manchester Institute

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The Rise and Fall of Critical Legal Studies

Edinburgh University Press eBooks (2024)

James Stewart

A wide-ranging intellectual history of the Critical Legal Studies Movement, drawing from personal accounts, academic works, and the media. The Rise and Fall of Critical Legal Studies unpacks Critical Legal Studies (CLS) to address what CLS was, how it came about, and what its legacy means for contemporary legal theories. Using a variety of lenses, The Rise and Fall of Critical Legal Studies unpacks Critical Legal Studies reimagines existing histories of CLS to clarify and categorise, before arguing the importance of its death. Cultural, sociological, literary, filmic, and theatrical theorists are drawn into the analysis taken. Ghosts, the CIA, and moral panic are added to challenge the story of CLS, adding to the movement’s intellectual history.

10.3366/edinburgh/9781399515313.001.0001

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Overdetermined Atrocities

SSRN Electronic Journal (2012)

James Stewart

An event is overdetermined if there are multiple sufficient causes for its occurrence. A firing squad is a classic illustration. If eight soldiers are convened to execute a prisoner, they can all walk away afterwards in the moral comfort that “I didn’t really make a difference; it would have happened without me.” The difficulty is, if we are only responsible for making a difference to harm occurring in the world, none of the soldiers is responsible for the death — none made, either directly or through others, an essential contribution to its occurrence. In many respects, this dilemma is the leitmotif for individual responsibility in a globalized world, where criminal harm is so frequently occasioned by collectives. In order to assess the various solutions offered for the overdetermination problem in criminal theory, this paper uses examples from international criminal justice as illustrations, namely, the responsibility of Allied Pilots for the firebombing of Dresden, corporations in Apartheid South Africa, the notorious arms vendor Viktor Bout and Thomas Lubanga, the first indictee before the International Criminal Court. By exploring these examples, the paper reconsiders arguments for and against requiring causation in criminal responsibility, competing theoretical accounts of causation and the various unsatisfactory explanations for overdetermination presently on offer. It concludes that overdetermination is a central moral problem of our time, and points to a range of significant consequences for the theory and practice of international criminal law.

Overdetermined system

10.2139/ssrn.2152670

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Complicity in Business and Human Rights

SSRN Electronic Journal (2015)

James Stewart

These remarks, delivered on April 9, 2015 at the American Society of International Law’s Annual Conference, address the context of complicity discussions in public international law generally then their significance and scope in Business and Human Rights in particular. The Panel on which I delivered this talk was one of the first to discuss the topic of complicity across different fields, including International Criminal Law, the Alien Tort Statute, Business and Human Rights and the Public International Law of State Responsibility. In my comments, I offer five initial points contextualizing these discussions for the field of public international law writ large, then five more about their significance for Business and Human Rights as a discourse. In the first part I suggest that a robust discussion about complicity is vital if we are to lead decent ethical lives in a world that is at once increasingly interconnected and very dysfunctional. In the second, I problematize the use of international criminal law to supply the standards for complicity Business and Human Rights should employ. I suggest that negligence, not normally sufficient for criminal responsibility, should ground the standard for accomplice liability in the human rights context. Overall, I posit the idea of a tiered wall of complicity standards that are attuned to the conceptual pre-commitments of the fields they operate in, not a monolithic system that takes international criminal law as the sole determinant of the concept. Nevertheless, even if a coherent system of complicity along these lines never emerges across international law as a whole, the mere fact that we are discussing the topic improves our chances of leading ethically decent lives in our very imperfect world.

Complicity

Principle of legality

Corporate liability

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A Jurisprudential History of the Displacement Crimes Applicable to Corporate Landgrabbing

Cambridge University Press eBooks (2020)

James Stewart

This chapter discusses the crime of deportation, casting is as a legal history that will inform upcoming land grabbing cases against businesses, for example before the International Criminal Court. The term ‘land grabbing’ denotes the illegal forcible eviction of local populations in order to make way for mining, logging, agricultural plantations, infrastructure projects, and other commercial ventures. The phenomenon is a widespread and rapidly growing problem globally, often involving the collusion of political leaders, local businesspeople, representatives of multinational enterprises and financial institutions. There is a growing interest in employing international criminal justice as a response to these practices, but land grabbing itself is not an international crime, meaning that prosecutors would likely seek to charge displacement-type offenses for corporate implication in these practices. Therefore, a jurisprudential history of displacement crimes in international criminal law is an important point of departure in assessing the potential and pitfalls of the new weight to be placed on these crimes, either as a basis for expanding international courts’ jurisdiction over atrocities or for addressing some of the underling commercial interests that provide both the means and motivation for them.

Land Grabbing

Eviction

10.1017/9781108692991.009

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Delimiting Deportation, Unlawful Transfer, Forcible Transfer and Forcible Displacement in International Criminal Law

African Journal of International Criminal Justice (2019)

Ken Roberts James Stewart

Deportation

10.5553/aj/2352068x2019005001003

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HORMONE THERAPY IN METASTATIC BREAST CANCER: CLINICAL RESPONSE AND URINARY GONADOTROPHINS

European Journal of Endocrinology (1965)

James Stewart L G Skinner P. J. O'Connor

ABSTRACT The total urinary gonadotrophin output of a group of post menopausal women with metastatic breast carcinoma undergoing hormone therapy, which in every case initially consisted of treatment with diethylstilboestrol, DES (ca. 20 mg/d), has been studied for periods varying from seven months to 3½ years. No correlation between gonadotrophin output and clinical response was found, except that in all cases showing objective regression urinary gonadotrophin remained low throughout the remission period. A low level of gonadotrophin output was not, however, necessarily indicative of a good clinical remission. Following withdrawal of DES, and independent of the period of therapy, recovery to pre-treatment levels was the rule rather than the exception. A small group of patients maintained on a lower dose of DES (3–5 mg/d) showed the same degree of suppression of urinary output as those receiving 20 mg/d, and several of these exhibited objective remissions. The study has emphasised the importance of site specificity in the response to hormone therapy, and underlines the difficulties of relating the clinical response of the patient as a whole to changes in hormonal environment.

Hormone Therapy

10.1530/acta.0.0500345

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Crimes de guerre des soci�t�s: Condamner le pillage des ressources naturelles (Corporate War Crimes: Prosecuting Pillage of Natural Resources)

SSRN Electronic Journal (2012)

James Stewart

The English version of this paper can be found at http://ssrn.com/abstract=1875053

10.2139/ssrn.2171829

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A Pragmatic Critique of Corporate Criminal Theory: Atrocity, Commerce and Accountability

SSRN Electronic Journal (2012)

James Stewart

Corporate criminal liability is a controversial beast. To a large extent, the controversies surround three core questions: first, whether there is a basic conceptual justification for using a system of criminal justice constructed for individuals against inanimate entities like corporations; second, what value corporate criminal liability could have given co-existent possibilities of civil redress against them; and third, whether corporate criminal liability has any added value over and above individual criminal responsibility of corporate officers. In this paper, I use examples from the frontiers of international criminal justice to criticize all sides of these debates. In particular, I harness the latent possibility of prosecuting corporate actors for the pillage of natural resources and for complicity through the supply of weapons, to highlight the shortcomings of corporate criminal theory to date. Throughout, I draw on principles derived from philosophical and legal pragmatism to reveal a set of recurring analytical flaws in this literature. These include: a tendency to presuppose a perfect single jurisdiction that overlooks globalization, the blind projection of local theories of corporate criminal responsibility onto global corporate practices; and a perspective that sometimes seems insensitive to the plight of the many who have fallen victim to corporate crime in the developing world. To begin anew, we need to embrace a pragmatic theory of corporate criminal liability that is forced upon us in a world as complex, unequal, and dysfunctional as that we presently inhabit.

Corporate crime

10.2139/ssrn.2152682

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single variable calculus early transcendentals

James Stewart

Success in your calculus course starts here! James Stewart's CALCULUS texts are world-wide best-sellers for a reason: they are clear, accurate, and filled with relevant, real-world examples. With CALCULUS: EARLY TRANCENDENTALS, Sixth Edition, Stewart conveys not only the utility of calculus to help you develop technical competence, but also gives you an appreciation for the intrinsic beauty of the subject. His patient examples and built-in learning aids will help you build your mathematical confidence and achieve your goals in the course!

Situation calculus

Beauty

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Amalgams of 𝐿^{𝑝} and 𝑙^{𝑞}

Bulletin of the American Mathematical Society (1985)

John J. F. Fournier James Stewart

The amalgam of L p and l q on the real line is the space {L p , l q ) consisting of functions which are locally in L p and have l q behavior at infinity in the sense that the L^-norms over the intervals [«, n + 1] form an /^-sequence.For 1 < p, q < oo, the normmakes (L p 9 l q ) into a Banach space.The idea of considering the amalgam (L p , l q \ as opposed to the Lebesgue space L p = (L p ,l p ), is a natural one because it allows us to separate the global behavior from the local behavior of a function.This idea goes back to 1926 and Norbert Wiener who considered the special cases (L 1 ,1 2 ) and (L 2 , l°°) in [Wl] and (L°°, I 1 ) and (L\ l°°) in [W2].Other special cases have appeared sporadically since then, but the first systematic study of these spaces was undertaken in 1975 by F. Holland [HI].After giving an account of the basic theory of amalgams on groups in §2, we show in the following sections how amalgams have arisen in various areas of analysis: almost periodic functions [Wl], Tauberian theorems [W2], extending the domain of the Fourier transform [Szl], Fourier multipliers [EHR], integral operators [BiS], product-convolution operators [BuS], positive definite functions [Coop], Fourier transforms of unbounded measures [H2], lacunarity [Fou2], the lower majorant property for H p (R n ) [BaS], approximation theory [JR], algebras and modules [LVW], and the range of the Fourier transform [Ke].The common theme is that, in many situations, an amalgam space (L p 9 l q ) turns out to be exactly the right space that is needed to solve a problem or formulate a theory.In view of these occurrences, "the amalgam spaces ... appear to be an idea whose time has come" [GdL].We hope that the present article will help to make these spaces more widely known in the mathematical community. Amalgams on groups.If G is a locally compact abelian group, we use the structure theorem to write G = R a X G v where a is a nonnegative integer and G x is a group with a compact open subgroup H.We let I = [0, l) a X H and

10.1090/s0273-0979-1985-15350-9

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Citations (192)