Digital Commons Network^™

Case Study Two: Jewish Time Jump: New York, Owen Gottlieb

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Gottlieb presents an early case study of his mobile augmented reality game Jewish Time Jump: New York design on the ARIS platform for the iPhone and iPad (iOS). The game is set on-location in Washington Square Park in New York city. Players in 5th-7th grade take on the role of time-traveling reporters, landing on site on the eve of the Uprising of 20,000, the largest women-led strike in U.S. History. Based on their GPS location they receive media from over 100 years in the past, interactive with digital characters as they work to gather a story for the fictional Jewish …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

The Puzzling Presumption Of Reviewability, Nicholas Bagley

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The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

Gastro-Topogrophy: Exploring Food-Related Placenames In Ireland, Máirtín Mac Con Iomaire

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Most Irish people likely have little or no knowledge of the richness and variety of their ancestor’s diet before the arrival of the potato. For generations, food was considered far too common to be considered a field of study. Considering the primacy of food in people’s lives generally throughout history, it is logical that food be reflected in toponymic references to environment and landscape. This article taps into a wide range of material including poetry, prose, travellers’ reports, mythology, folklore, letters, shipping records, and archaeological evidence, both to contextualize the food-related placenames of Ireland, and to explore what Irish placenames …

Federalism In Brazil, Keith S. Rosenn

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No abstract provided.

Face To Face': Rediscovering The Right To Confront Prosecution Witnesses, Richard D. Friedman

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The Sixth Amendment to the United States Constitution protects the right of an accused 'to confront the witnesses against him'. The United States Supreme Court has treated this Confrontation Clause as a broad but rather easily rebuttable rule against using hearsay on behalf of a criminal prosecution; with respect to most hearsay, the exclusionary rule is overcome if the court is persuaded that the statement is sufficiently reliable, and the court can reach that conclusion if the statement fits within a 'firmly rooted' hearsay exception. This article argues that this framework should be abandoned. The clause should not be regarded …

The Sustainability Of Sustainable Consumption, Paddy Dolan

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This article examines the limitations of the concept of sustainable consumption in terms of the inadequate attention given to the social, cultural and historical contextualization of consumption. I argue that Macromarketing should adopt modes of inquiry that more fully engage with this contextualization. The implicit assumptions of ‘sustainable consumption’ center on the rational individual and his or her needs and wants, and neglect the significance of consumption practices as embodying the relations between individuals. Acts of consumption are not in opposition to, and prior to, macro structures and processes, they are macro processes at work. Consumer practices are cultural and …

Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger

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How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts. …

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

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The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

Art Of Judgement In Planned Parenthood V. Casey, James Boyd White

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This article was excerpted and abridged with permission from a chapter in Professor White's recent book Acts of Hope: Creating Authority in Literature, Law, and Politics. In the book, he explores the nature of authority in various cultural contexts. Here he examines the Joint Opinion in Planned Parenthood v. Casey, which has been attacked both from the right, on the grounds that it tried to keep Roe v. Wade alive, and from the left, on the grounds that it significantly weakens the force of that case. Professor White, by contrast, admires it greatly, and in this chapter explains …

Unemployment Insurance: American Social Wage, Labor Organization And Legal Ideology, Kenneth M. Casebeer

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No abstract provided.

Democratic Credentials, Donald J. Herzog

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We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

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No abstract provided.

Literacy And The Language Of The Early Common Law, Peter Goodrich

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No abstract provided.

Historical Aspects Of Legal Interpretation, Peter Goodrich

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No abstract provided.

Law And Language: An Historical And Critical Introduction, Peter Goodrich

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No abstract provided.

Constitutional Interpretation, Terrance Sandalow

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"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …