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Articles 1 - 20 of 20
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Introduction: Theorising Politics, Cillian Mcbride
Introduction: Theorising Politics, Cillian Mcbride
Cillian McBride
No abstract provided.
Introduction: Theorising Politics, Cillian Mcbride, Jurgen De Wispelaere, Shane O'Neill
Introduction: Theorising Politics, Cillian Mcbride, Jurgen De Wispelaere, Shane O'Neill
Jurgen De Wispelaere
This is the introduction to a special issue of Irish Political Studies on "Recognition, Equality, Democracy", to appear in December 2007 as a journal and sometime in 2008 as an edited collection published by Taylor & Francis.
When Obscenity Discriminates, Elizabeth M. Glazer
When Obscenity Discriminates, Elizabeth M. Glazer
Elizabeth M Glazer
When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine’s infliction of first generation, or status discrimination against sexual minorities by conflating “sex” – and the prurient representation of sex that constitutes obscenity – and “sexual orientation.” Civil rights lawyers and scholars have turned their attentions away from “first generation” discrimination,” where groups experience discrimination on the basis of their status, and toward “second generation” discrimination, where groups experience discrimination for failing to downplay or …
When Obscenity Discriminates, Elizabeth M. Glazer
When Obscenity Discriminates, Elizabeth M. Glazer
Elizabeth M Glazer
When public indecency statutes outlaw gender nonconformity, obscenity discriminates; when movie ratings censor representations of sexual minorities, obscenity discriminates, and discriminates on the basis of their status as sexual minorities. This Article addresses obscenity doctrine’s infliction of first generation, or status discrimination against sexual minorities by conflating “sex” – and the prurient representation of sex that constitutes obscenity – and “sexual orientation.” Civil rights lawyers and scholars have turned their attentions away from “first generation” discrimination,” where groups experience discrimination on the basis of their status, and toward “second generation” discrimination, where groups experience discrimination for failing to downplay or …
Property, Persona, And Publicity, Deven R. Desai
Property, Persona, And Publicity, Deven R. Desai
Deven R. Desai
This article focuses on a paradox latent within the nature of creative phenomenon: although one can find strong arguments for control over intangible creations during one’s life, these arguments falter if not fail after the creator dies. Two interconnected problems posed by the growth of online creation illustrate the problem. First, unlike analog creations, important digital creations such as emails are mediated and controlled by second parties. Thus although these creations are core intellectual property, they are not treated as such and service providers terminate or deny access to people’s property all the time. In addition, when one dies, some …
“Digital Texts And The New Literacies”, Allen Webb
Unintended Consequences: How Antidiscrimination Litigation Increases Group Bias In Employer-Defendants, Jessica Fink
Unintended Consequences: How Antidiscrimination Litigation Increases Group Bias In Employer-Defendants, Jessica Fink
Jessica Fink
In recent years, employees have turned with increasing frequency to the courts to redress alleged violations of their civil rights in the workplace, often bringing suits under laws such as Title VII of the Civil Rights Act of 1964. Indeed, employment discrimination claims consistently consume a substantial (and rising) portion of the federal court docket. In the four-plus decades since the passage of Title VII, however, the nature of workplace bias itself has changed, becoming more difficult to detect in many cases. Some employers, often with the help of counsel, have learned to finesse their workplace actions to avoid the …
Time Well Spent: Congressional Daylight Saving Time Legislation Saves Lives, Not Just Oil, Steve P. Calandrillo
Time Well Spent: Congressional Daylight Saving Time Legislation Saves Lives, Not Just Oil, Steve P. Calandrillo
Steve P. Calandrillo
Abstract: Several nations implemented daylight saving time legislation in the last century, including the United States. The United States briefly experimented with year-round daylight saving time twice—during World War II and the energy crises in the 1970s. Agency studies and Congressional hearings from the 1970s show several benefits of year-round daylight saving time, along with potential disadvantages. These studies are dated, and much has changed in the last 30 years. While Congressional efforts to extend daylight saving time in 2007 have again focused on the energy savings this legislation would produce, far more meaningful benefits have been largely ignored. This …
Property, Persona, And Publicity, Deven R. Desai
Property, Persona, And Publicity, Deven R. Desai
Deven R. Desai
This article focuses on two interconnected problems posed by the growth of online creation. First, unlike analog creations, important digital creations such as emails are mediated and controlled by second parties. Thus although these creations are core intellectual property, they are not treated as such and service providers terminate or deny access to people’s property all the time. In addition, when one dies, some service providers refuse to grant heirs access to this property. The uneven and unclear management of these creations means that historians and society in general will lose access to perhaps the greatest chronicling of human experience …
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council Of San Fernando Valley V. Roommates.Com, Llc), Diane J. Klein, Charles Doskow
Housingdiscrimination.Com?: The Ninth Circuit (Mostly) Puts Out The Welcome Mat For Fair Housing Act Suits Against Roommate-Matching Websites (Fair Housing Council Of San Fernando Valley V. Roommates.Com, Llc), Diane J. Klein, Charles Doskow
Diane J Klein
This Article analyzes the recent 9th Circuit decision in FHC v. Roommates.com, reversing and remanding to the district court after finding that § 203(c) of the Communications Decency Act does not provide immunity to housing websites under § 3604(c) of the Fair Housing Act (FHA). The Article argues that housing websites should be held to the same standard as other advertisers of residential real estate under the FHA, and that Roommates.com is a “content provider” and hence liable for violating the FHA by disseminating advertisements that demonstrate discriminatory preferences on the basis of race, age, religion, disability, etc. The Article …
Companies And Corporations: Their Transition From Status To Contract And Its Political Economy, Palladam M. Vasudev
Companies And Corporations: Their Transition From Status To Contract And Its Political Economy, Palladam M. Vasudev
Palladam M Vasudev
This article traces the state of corporate law in the English-speaking world since 1720, identifies the political economy of the changes that occurred since mid-nineteenth century, and the consequences for corporate law. During this period, there was a transition from the position that incorporation was a status to be conferred by the law to the position that they were the products of private contracts. In addition, they came to be treated as the property of their shareholders. These conceptual changes have had far-reaching consequences for the growth of corporations and were used to largely abandon the public regulation of corporations. …
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
How Government Regulation Forces Americans Into Their Cars: A Case Study, Michael E Lewyn
Michael E Lewyn
Shows how zoning law in Jacksonville contributes to automobile dependence.
Talented Children And Adults: Their Development And Education, Jane Piirto
Talented Children And Adults: Their Development And Education, Jane Piirto
Jane Piirto
No abstract provided.
Individual Rights And The Political Process: A Proposed Framework For Democracy Defining Cases, Walter M. Frank
Individual Rights And The Political Process: A Proposed Framework For Democracy Defining Cases, Walter M. Frank
walter m frank
For more than four decades, since Baker v. Carr, the Supreme Court has been shaping our democracy in important ways. Among other things, it has approved numerous state laws directed against third parties and independent candidacies, accepted incumbent protection as a redistricting principle, ended the movement for term limits for congressional representatives, eliminated most political patronage, prohibited laws aimed at limiting campaign expenditures, and decided a presidential election. These and other democracy defining cases are often decided on the basis of First Amendment and Equal Protection arguments that do not adequately address the democratic tensions in these cases, resulting in …
Interview With Heitam Maleh, Marcel Stuessi
Interview With Heitam Maleh, Marcel Stuessi
Marcel Stüssi
This is a previously unpublished interview on democracy and religious liberty in Syria.
Franchise, Margin And Locale: Constructing A Critical Management Studies Locale In Aotearoa/Nz, Craig Prichard, Janet G. Sayers, Ralph Bathurst
Franchise, Margin And Locale: Constructing A Critical Management Studies Locale In Aotearoa/Nz, Craig Prichard, Janet G. Sayers, Ralph Bathurst
Janet G Sayers
Most academic disciplines have their symbolic and material ‘homes’ in the metropolitan centres of the United States of America (USA) and the United Kingdom (UK). Consequently researchers working in Aotearoa/NZ face a choice as to the kinds of relations they develop with these metropolitan centres. We argue that researchers tend to adopt three particular modes of response: franchise, margin and locale. In this paper we illustrate each mode by reflecting on a joint research programme, Music and Organisation. We suggest researchers need to move beyond franchise and margin responses and develop methods of research that explore local issues using local …
Identity, Unity, And The Limits Of Democracy, Cillian Mcbride
Identity, Unity, And The Limits Of Democracy, Cillian Mcbride
Cillian McBride
Can the demos be uncoupled from the ethnos? Can there be a democratic politics of state-boundaries, or are borders a condition of the possibility of democratic politics rather than a possible subject for those politics? The author argues for the decoupling strategy and affirms the possibility of a democratic politics about borders, anchoring the discussion in the politics of Northern Ireland. The argument turns on the analysis of public reasoning. It is argued first that culturalist accounts of self-determination are misconceived and that political institutions, and not cultural identity, make collective self-determination possible. Secondly, that the demos is constituted by …
“The Languages Of The Public Sphere: Religious Pluralism, Institutional Logics, And Civil Society.”, Rhys H. Williams
“The Languages Of The Public Sphere: Religious Pluralism, Institutional Logics, And Civil Society.”, Rhys H. Williams
Rhys Williams
No abstract provided.
Modernism And Tradition, Anne E. Fernald
Myths And Symbols Of The American Nation, Francoise Le Jeune Pr
Myths And Symbols Of The American Nation, Francoise Le Jeune Pr
Francoise LE JEUNE
No abstract provided.