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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
Donald L. Beschle
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
The Competing Objectives Underlying The Protection Of Intangible Cultural Heritage, Peter K. Yu
The Competing Objectives Underlying The Protection Of Intangible Cultural Heritage, Peter K. Yu
Peter K. Yu
One topic that has received considerable academic and policy attention concerns the key objectives underlying the establishment of this new framework. To help us develop a better and deeper understanding, this article outlines eight most widely documented objectives. While some of these objectives overlap or conflict with each other, others touch on issues that are of only marginal concern to some constituencies. By focusing on each objective in turn, this article aims to underscore the divergent, and at times competing, interests among the many stakeholders involved in the framework.
Although some readers may find the description of all eight underlying …
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry
Suzanna Sherry
What do the following cases have in common? In Boy Scouts of America v. Dale,2 the Court upheld the right of a private organization to ignore a generally applicable state statute prohibiting discrimination on the basis of sexual orientation. In Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston,3 the Court upheld the right of parade organizers to exclude gay-rights banners. In Zelman v. Simmons-Harri4s , the Court permitted government funding of religious schools through vouchers issued to low-income parents. And in Rosenberger v. Rector and Visitors of the University of Virginia, the Court required state funding of the …
Crime Futures Market, Adam White
Crime Futures Market, Adam White
Adam White
Revising History And Re-Authouring The Left In The Postcolonial Digital Archive, Roopika Risam
Revising History And Re-Authouring The Left In The Postcolonial Digital Archive, Roopika Risam
Roopika Risam
In November 2013, the National Archives of Britain revealed a secret stash of declassified colonial documents that had been hidden illegally by the Foreign Office for decades past their allotted 30-year suppression period. The archive includes:
[M]onthly intelligence reports on the ‘elimination’ of the colonial authority’s enemies in 1950s Malaya; records showing ministers in London were aware of the torture and murder of Mau Mau insurgents in Kenya, including a case of a man said to have been ‘roasted alive’; and papers detailing the lengths to which the UK went to forcibly remove islanders from Diego Garcia in the Indian …
Beyond The Margins: Intersectionality And The Digital Humanities, Roopika Risam
Beyond The Margins: Intersectionality And The Digital Humanities, Roopika Risam
Roopika Risam
This article examines the relationship between intersectionality and the digital humanities. Intersectionality offers a critical approach to debates between theory and method in the field, transcending simplistic hack vs. yack binaries. This article situates debates over difference in the digital humanities within the context of the culture wars within the U.S. academy during the 1980s and 1990s, locating the stakes for diversity in the digital humanities. It surveys digital humanities projects, outlining the need for alternate histories of the digital humanities told through intersectional lenses. Finally, the article proposes ways of looking forward towards the deeper intersectional analysis needed to …
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
Mark Edwin Burge
In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …
The Role Of Individual, Family-Related, And Organizational Factors In Shaping Wlc In Offshoring Contexts: A Study Of European And Indian It Professionals, Saonee Sarker, Suprateek Sarker, Jan Ondrus, Debasish Jana, Manju Ahuja
The Role Of Individual, Family-Related, And Organizational Factors In Shaping Wlc In Offshoring Contexts: A Study Of European And Indian It Professionals, Saonee Sarker, Suprateek Sarker, Jan Ondrus, Debasish Jana, Manju Ahuja
Manju Ahuja
Today, we operate in a networked world, where organizations frequently resort to offshoring, such that work gets accomplished by a globally distributed workforce, whether inside or outside the organizational boundaries. Much of the past research on offshoring has focused on economic rationale and benefits as well as risks associated with offshoring. Offshoring leverages human capital in different parts of the globe, and the issues of WLC (WLC) faced by offshoring workforce issues can have substantial impact on the effectiveness of the offshoring arrangements. In spite of this, WLC in the context of offshoring has not received the attention it deserves. …
Plastic Injuries, Anne Bloom
Plastic Injuries, Anne Bloom
Anne Bloom
Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …
Feminist Oral History Practice In An Era Of Digital Self-Representation, Margo Shea
Feminist Oral History Practice In An Era Of Digital Self-Representation, Margo Shea
Margo Shea
The Practitioner, The Priest, And The Professor: Perspectives On Self-Initiation In The American Neopagan Community, Marty Laubach, Louis Martinie’, Roselinda Clemons
The Practitioner, The Priest, And The Professor: Perspectives On Self-Initiation In The American Neopagan Community, Marty Laubach, Louis Martinie’, Roselinda Clemons
Marty Laubach
Initiation is a religious practice that is generally understood as involving socialization and acceptance into a religious community, but American Neopaganism, with its emphasis on individualism and autonomy, has evolved a meaning that challenges that simple understanding. American Neopagan communities are marketplaces of ideas that are comprised of groups and solo practitioners, all in interaction in which they might conduct main holidays together, but not necessarily work together in what they would consider more “serious” practices in which they receive the spirit communications with which they develop the ideas. Among groups, these practices include initiations through which candidates are trained …
What Do You Give To A God Who Has Everything? "In The Bleak Mid-Winter", Leslie A. Engelson
What Do You Give To A God Who Has Everything? "In The Bleak Mid-Winter", Leslie A. Engelson
Leslie Engelson
Libraries & Turbulence: Poster Art During Social And Political Unrest, Lauren E. Robinson
Libraries & Turbulence: Poster Art During Social And Political Unrest, Lauren E. Robinson
Lauren E. Robinson
Troubling Heritage: Intimate Pasts And Public Memories At Derry/Londonderry’S 'Temple', Margo Shea
Troubling Heritage: Intimate Pasts And Public Memories At Derry/Londonderry’S 'Temple', Margo Shea
Margo Shea