Papers by Amanda Trefethen
I would like to express my deep appreciation to my committee chair, Professor Aaron James, whose ... more I would like to express my deep appreciation to my committee chair, Professor Aaron James, whose willingness to engage in so many conversations with me (over so many cups of coffee) made this dissertation possible. His guidance, persistence, and professional example have been invaluable to the development of my scholarship. I would also like to thank my committee as a whole, the membership of which is perhaps unusually large because I value the intelligence and insight of each member so much and because, as a collective, I knew they would be a kindly force that could serve to fence me in from every direction. And they did. Along with Professor James, Professor Bonnie Kent proved to be a master diagnostician of arguments. Everything ever written would be better off passed through her hands. Professor Martin Schwab, through gentle persuasion pushed the view wider while still keeping me focused. Professor Carrie Menkel-Meadow, with her deep expertise in all things feminist and transnational, and her abiding kindness, has been a wealth of inspiration and support. And, finally, Jeff Helmreich has provided a solid, essential, and supportive bridge and unifier for all these many forces. I am grateful to you all. In addition, a hearty thank you must be extended to Professor Allen Buchanan whose correspondence has been helpful and illuminating, but most of all encouraging. Thanks also to the dutiful and loyal members of my reading group, "The Justice League," whose members include Daniel Pilchman, Casey Hall, Violet Mackinnon, and Simona Capisani. They, along with my smart, sassy, and formidable friends, Megan Zane and Valentina Ricci, have devoted hours upon hours of time to my many wonders, ponderances, and deliberations over how it is human rights should work and must work for everyone. And lastly, to my family for their patience and support, my love for you truly knows no bounds.
Plaintiff's attorney on large-scale product liability cases, as well as other cases of personal i... more Plaintiff's attorney on large-scale product liability cases, as well as other cases of personal injury and wrongful death, taking on insurance companies, hospitals, corporations, business interests, and even governmental organizations on behalf of clients. • Wrote successful appeals to the Arizona Court of Appeals and Supreme Court. • Admitted to practice before the State Bars of California and Arizona, and the Federal Bar.
Author(s): Trefethen, Amanda L. | Advisor(s): James, Aaron | Abstract: There is a lacuna in our u... more Author(s): Trefethen, Amanda L. | Advisor(s): James, Aaron | Abstract: There is a lacuna in our understanding of what it is to have legal human right. While moral philosophers frequently address what it is to have a human right, qua human, and legal philosophers discuss what it is that constitutes a legal right, it is not yet clear what it is to have a legal human right distinct from these pursuits. It is generally agreed that not all human rights in the international practice are legal rights for everyone. Legal effectiveness is largely dependent on treaty ratification and domestic commitments. However, this inequality in the effectiveness of legally claimable rights poses a crucial problem for the international practice of human rights, which takes universality and the demands for equitable treatment as central aims of that practice. This dissertation aims to examine this problem and to discuss the state of the emerging legal practice of human rights. It offers a measure, through ...
Review: Copyright As Community Property
Family Law, Jan 1, 1999
[Vol. 11: 256,2000] Copyright as Community Property JOURNAL OF CONTEMPORARY LEGAL ISSUES Californ... more [Vol. 11: 256,2000] Copyright as Community Property JOURNAL OF CONTEMPORARY LEGAL ISSUES California decisionthat a married author's copyrights are community property5not only creates a disincentive for authors to create works but also violates the federal ...
The law, in no uncertain terms, grants United States federal courts with original jurisdiction ov... more The law, in no uncertain terms, grants United States federal courts with original jurisdiction over suits brought by aliens for torts that violate the law of nations. I will argue that no reasonable theory of modern statutory interpretation supports a narrow reading of the statute. Given ...
The Emerging Tort of Wrongful Adoption
Family Law, Jan 1, 1999
[Vol. 11: 620,2000] Wrongful Adoption JOURNAL OF CONTEMPORARY LEGAL ISSUES The Burr decision ushe... more [Vol. 11: 620,2000] Wrongful Adoption JOURNAL OF CONTEMPORARY LEGAL ISSUES The Burr decision ushered an erratic stream of cases premised on an emerging tort that came to be known as "Wrongful Adoption."2 Commentators as well as courts recognize that each of ...