Digital Commons Network^™

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Jesse H Choper

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …

Sexual Misconduct, Religion, And Culture, Alev Dudek

Alev Dudek

A Comprehensive Bibliography Of Nineteenth Century Bicycling Periodicals, Christopher A. Sweet

Christopher A. Sweet

The Network For Justice: Pursuing A Latinx Civil Rights Agenda, Luz E. Herrera, Pilar M. Hernández-Escontrías

Luz Herrera

This article explores the need to develop a Latinx-focused network that advances law and policy. The Network for Justice is necessary to build upon the existing infrastructure in the legal sector to support the rapidly changing demographic profile of the United States. Latinxs are no longer a small or regionally concentrated population and cannot be discounted as a foreign population. Latinxs reside in every state in our nation and, in some communities, comprise a majority of the population. The goal of the Network for Justice is to facilitate and support local and statewide efforts to connect community advocates to formal …

Feminist Oral History Practice In An Era Of Digital Self-Representation, Margo Shea

Margo Shea

Meeting Saint Vincent's Challenge In Providing Assistance To The Foreign-Born Poor: Applying The Lessons To The Asylum And Immigration Law Clinic, Sioban Albiol J.D.

Sioban Albiol

The Asylum and Immigration Law Clinic of DePaul College of Law furthers Vincent de Paul’s mission of caring for poor persons. It extends the protection of the law to low-income immigrants and asylum seekers by giving them access to legal advice that they so often lack. Background on US immigration law and its punitive effects on the poor is provided. Catholic social teaching with regard to immigration is summarized. Vincent de Paul was a migrant himself, and his approach to missions and other works indicates his special concern for foreigners. An important comparison is made between Vincent’s extension of access …

The Question Of School Resources And Student Achievement: A History And Reconsideration, Larry Hedges, Terri D. Pigott, Joshua Polanin, Ann Marie Ryan, Charles Tocci, Ryan T. Williams

Terri Pigott

One question posed continually over the past century of education research is to what extent school resources affect student outcomes. From the turn of the century to the present, a diverse set of actors, including politicians, physicians, and researchers from a number of disciplines, have studied whether and how money that is provided for schools translates into increased student achievement. The authors discuss the historical origins of the question of whether school resources relate to student achievement, and report the results of a meta- analysis of studies examining that relationship. They find that policymakers, researchers, and other stakeholders have addressed …

What Is (Accounting) History?, Michael J. Gaffikin

Michael Gaffikin

I am grateful for the invitation to present this paper to you today. I have had a long association with Victoria University and as an undergraduate here I was introduced to the fathers of history - Herodotus and Thucydides. Unfortunately, although I had to read their main works, at the time I remained oblivious to their full significance, namely, that they represent two extremes of historiography that have remained throughout the history of history - two approaches to how history is created and written. These themes are the background for this paper. However, before I go any further I want …

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

Trends In The Contemporary Irish Novel: Sex, Lies, And Gender, Jennifer Jeffers

Jennifer M. Jeffers

The 1990s Irish novel presents its own brand of uniqueness and sophistication to the contemporary Anglophone novel. In this article I divide the development of the 1990s Irish novel into three groups. The first type of novel that emerges in the 1990s concerns the presentation of a different image of Ireland, one that magnifies gender construction and sexual preference. The second group of novels concerns the act of reading itself and the difficulty in determining truth from lies. These novels impair the reader's ability to read in an effort to show that everything is a form of interpretation: memories, history, …

Segregation Of A Latent High Adiposity Phenotype In Families With A History Of Type 2 Diabetes Mellitus Implicates Rare Obesity-Susceptibility Genetic Variants With Large Effects In Diabetes-Related Obesity, Arthur B. Jenkins, Marijka Batterham, Dorit Samocha-Bonet, Katherine Tonks, Jerry R. Greenfield, Lesley V. Campbell

Dr Marijka Batterham

Background We recently reported significantly greater weight gain in non-diabetic healthy subjects with a 1st degree family history (FH+) of type 2 diabetes mellitus (T2DM) than in a matched control group without such history (FH−) during voluntary overfeeding, implying co-inheritance of susceptibilities to T2DM and obesity. We have estimated the extent and mode of inheritance of susceptibility to increased adiposity in FH+. Methods Normoglycaemic participants were categorised either FH+ (≥1 1st degree relative with T2DM, 50F/30M, age 45±14 (SD) yr) or FH− (71F/51M, age 43±14 yr). Log-transformed anthropometric measurements (height, hip and waist circumferences) and lean, bone and fat mass …

A Postcolonial Theory Of Spousal Rape: The Carribean And Beyond, Stacy-Ann Elvy

Stacy-Ann Elvy

Many postcolonial states in the Caribbean continue to struggle to comply with their international treaty obligations to protect women from sexual violence. Reports from various United Nations programs, including UNICEF, and the annual U.S. State Department Country Reports on Antigua and Barbuda, the Bahamas, Barbados, Dominica, Jamaica, and Saint Lucia (“Commonwealth Countries”), indicate that sexual violence against women, including spousal abuse, is a significant problem in the Caribbean. Despite ratification of various international instruments intended to eliminate sexual violence against women, such as the Convention on the Elimination of All Forms of Discrimination Against Women, Commonwealth Countries have retained the …

Saving Originalism, Robert J. Delahunty, John Yoo

John C Yoo

It is sometimes said that biographers cannot help but come to admire, even love, their subjects. And that adage seems to ring true of Professor Amar, the foremost “biographer” of the Constitution. He loves it not just as a governing structure, or a political system, but as a document. He loves the Constitution in the same way that a fan of English literature might treasure Milton’s Paradise Lost or Shakespeare’s Macbeth. He loves the Constitution not just for the good: the separation of powers, federalism, and the Bill of Rights. He also loves it for its nooks and crannies, idiosyncrasies, …

Book Review: The History Of Democracy: A Marxist Interpretation By Brian S. Roper, John Passant

John Passant

Brian Roper's book on the history of democracy from a Marxist perspective is an ambitious one. Roper starts with Athens and Rome and then, as capitalism rises, examines the revolutions in England, America and France and after that the 1848 revolutions across Europe. He then looks at the Paris Commune and The Russian Revolution. In doing this, Roper describes three distinct but related forms of democracy - Athenian democracy which was a form of participatory democracy limited to sections of society; liberal representative democracy which, while nominally open to all, is actually limited to operating within narrow propertied confines; and …

Splenic Infarction: An Update On William Osler's Observations., Yaacov R Lawrence, Ma Mbbs Mrcp, Russell Pokroy, Mb Bch, Daniel Berlowitz, Mb Bch, Dvora Aharoni, Md, Daniel Hain, Md, Gabriel S Breuer, Md

Yaacov R. Lawrence

BACKGROUND: Osler taught that splenic infarction presents with left upper abdominal quadrant pain, tenderness and swelling accompanied by a peritoneal friction rub. Splenic infarction is classically associated with bacterial endocarditis and sickle cell disease. OBJECTIVES: To describe the contemporary experience of splenic infarction. METHODS: We conducted a chart review of inpatients diagnosed with splenic infarction in a Jerusalem hospital between 1990 and 2003. RESULTS: We identified 26 cases with a mean age of 52 years. Common causes were hematologic malignancy (six cases) and intracardiac thrombus (five cases). Only three cases were associated with bacterial endocarditis. In 21 cases the splenic …

Whose India?: The Independence Struggle In British And Indian Fiction And History, Teresa Hubel

Teresa Hubel

For centuries, India has captured our imagination. Far more than a mere geographical presence, India is also an imaginative construct shaped by competing cultures, emotions, and ideologies. In Whose India? Teresa Hubel examines literary and historical texts by the British and Indian writers who gave meaning to the construct “India” during the final decades of the Empire. Feminist and postcolonial in its approach, this work describes the contest between British imperialists and Indian nationalists at that historical moment when India sought to achieve its independence; that is, when the definition, acquisition, and ownership of India was most vehemently at …

Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman

Charles E. Colman

This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a …

Australian School Funding And Accountability: History Imploding Into The Present, Kathleen M. Rudkin

Kathy Rudkin

This paper examines historical origins of accountability for public funding in the Australian school education system. Understandings of accountability have developed unique to the Australian context, embedding institutions and ideas from a colonial past. It is shown that the funding arrangements used to distribute and account for public education funds are political devices to mediate enduring historic relationships between government and non-government schools, while at the same time masking these relationships in the veiled rhetoric of a broader Australian cultural imperative of egalitarianism. It concludes the current funding and accountability of school education in Australia is a simulacrum of accountability. …

Maritime Mobilities In Pacific History: Towards A Scholarship Of Betweeness, Frances M. Steel

Frances Steel

In examining the significance of mobility in the long sweep of human history in the Pacific, the world's largest ocean where seventy per cent of the world's islands are to be found, one cannot but begin with the words of the late Tongan scholar, writer and visionary, Epeli Hau’ofa. In 1993 Hau’ofa proposed a new way of thinking about the region he called Oceania. He critiqued the limitations of an imposed regional imaginary, fostered by imperial rulers, western diplomats, academics, aid donors and the like, which emphasised the smallness, isolation and dependency of tiny islands in a far sea. Starting …

Combating Sex Trafficking: A History, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.

The Affective Power Of Sound: Oral History On Radio, Siobhan A. Mchugh

Siobhan McHugh

Using illustrative audio clips, this article offers insights into the historical symbiosis between oral history and radio and the relationship between orality, aurality, and affect that makes radio such a powerful medium for the spoken word. It does so through a discussion of the concept of affect as it applies to oral history on radio and through a description and analysis of crafting oral history for the radio documentary form. This article features audio excerpts from radio documentaries produced by the author. Listening to the audio portions of this article requires a means of accessing the audio excerpts through hyperlinks. …

November Uri Community Diversity Project 2010, Joseph A. Santiago Mr, Riley Davis Ms, Richard V. Travisano Mr

Richard Travisano

November is National Novel Writing Month. For the first time at the University of Rhode Island November was a month for the URI community to share their stories, poems, art, and photos with the world. The Writing to Model Diversity project intends to connect individuals across cultural boundaries and borders by sharing the stories and experiences that challenge our everyday experiences and the dreams of the future. Built on the efforts of the World Voice series, URI presents a book that shares the stories and culture of the students, faculty, staff, and community members who embrace the idea of becoming …

At&T V. Concepcion: The Problem Of A False Majority, Lisa Tripp, Evan R. Hanson

Lisa Tripp

The Supreme Court’s 2011 decision in AT&T v. Concepcion is the first case where the Supreme Court explores the interplay between state law unconscionability doctrine and the vast preemptive power of the Federal Arbitration Act (FAA). Although it is considered by many to be a landmark decision which has the potential for greatly expanding the already impressive preemptive power of the FAA, something is amiss with Concepcion.

AT&T v. Concepcion is ostensibly a 5-4 majority decision with a concurring opinion. However, the differences in the majority and concurring opinions are so profound that it appears that Justice Thomas actually …

Relative Bias In Diet History Measurements: A Quality Control Technique For Dietary Intervention Trials, Gina S. Martin, Linda C. Tapsell, Marijka Batterham, Kenneth G. Russell

Dr Marijka Batterham

Objective: Investigation of relative bias in diet history measurement during dietary intervention trials. Design: Retrospective analysis of human dietary data from two randomised controlled trials examining modified fat diets in the prevention and treatment of type II diabetes mellitus. Setting: Wollongong, Australia. Subjects: Thirty-five overweight, otherwise healthy subjects in trial 1 and 56 subjects with diabetes in trial 2. Interventions: Diet history interviews and three-day weighed food records administered at one-month intervals in trial 1 and three-month intervals in trial 2. Results: In a cross-sectional bias analysis, graphs of the association between bias and mean dietary intake showed that bias …

The University Of Massachusetts Medical School, A History: Integrating Primary Care And Biomedical Research, Ellen S. More

Ellen S. More

The University of Massachusetts Medical School was chartered in 1962 and opened in 1970, one of the cohort of medical schools founded in response to fears of a physician shortage. In Massachusetts, this translated into a call for more opportunities for the state’s students to attend an affordable school where, it was hoped, they would deliver primary care to the people of their home state. Yet, the original dean and faculty, most of whom were recruited from Boston medical schools, were equally devoted to basic research and tertiary care medicine. This book tells the story of the school’s successful efforts …

Pursuing E-Opportunities In The History Classroom, Mark T. Tebeau

Mark Tebeau

Provides information on utilizing electronic opportunities when teaching U.S. history. Factors influencing electronic opportunities for innovations in U.S. history teaching; Issues on historical content on the Internet and filtering information; Impact of information technology on how and when students learn.

Videopoetry: Collaboration As Imaginative Method, Peter Lutze, James Armstrong, Laura Woodworth-Ney

James Armstrong

Three Idaho professors (a poet, videographer, and historian) have been collaborating for eight years on a cross-disciplinary project called VideoPoetry, which integrates historical narration, narrative poetry, historical photographs, and videography into the video medium. To this point we've worked primarily on a specific program, Culture of Reclamation, which explores the culture of the early irrigated landscape communities in southern Idaho. In reflecting on our work-process, we’ve discovered that we’ve fundamentally changed as scholars as a result of our collaboration. This paper identifies the nature of our changes and documents instances of the ways in which we have been challenged to …

Swept Under The Rug? A Historiography Of Gender And Black Colleges, Marybeth Gasman

Marybeth Gasman

This historiography of gender and black colleges uncovers the omission of women and gender relations. It uses an integrative framework, conceptualized by Evelyn Nakano Glenn, that considers race and gender as mutually interconnected, revealing different results than might be seen by considering these issues independently. The article is significant for historians and nonhistorians alike and has implications for educational policy and practice in the current day.

The African Lexis In Jamaican: Its Linguistic And Sociohistorical Significance, Joseph T. Farquharson

Joseph T. Farquharson

This thesis presents a fresh and comprehensive treatment of the putative lexical Africanisms in Jamaican with a view to assessing the volume and nature of this aspect of the grammar of Jamaican.

The work draws on a set of best practices in the field of etymology and outlines a set of transparent guidelines for assigning etyma. These guidelines are put to work by conducting careful etymological analyses of the over 500 putative Africanisms that have been identified for Jamaican. The analyses produce a list of 289 words whose African etymologies have been fairly well established. An entire chapter is devoted …

Rewriting The Balkans: Memory, Historiography, And The Making Of A European Citizenry, Dana N. Johnson

Dana N. Johnson

This thesis explores the work of historians, history teachers, and NGO employees engaged in regional initiatives to mitigate the influence of enduring ethnocentric national histories in the Balkans. In conducting an ethnography of the development and dissemination of such initiatives, I queried how conflict and controversy are negotiated in developing alternative educational materials, how “multiperspectivity” is understood as a pedagogical approach and a tool of reconciliation, and how the interests of civil society intersect with those of the state and supranational actors. My research sought to interrogate the field of power in which such attempts to innovate history education occur, …