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2018

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Articles 1 - 19 of 19

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Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle Dec 2018

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 Nov 2018

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 Oct 2018

Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry

Suzanna Sherry

Sherry presents information concerning the labeling of court decisions as being liberal or conservative victories. Because each case can be viewed in different aspects of liberalism and conservatism, it is more appropriate to simply recognize that there are important, non-ideological values at stake on both sides of each case.


Warning: Labeling Constitutions May Be Hazardous To Your Regime, Suzanna Sherry Oct 2018

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 ...


Professor Michael W. Higgins Explores The Life Of John Moriarty In "Digging Deep In Sacred Caverns" Aug 2018

Professor Michael W. Higgins Explores The Life Of John Moriarty In "Digging Deep In Sacred Caverns"

Michael W. Higgins

Given his eccentric behaviour, hermitic life, and disregard for celebrity, it is not all that surprising that John Moriarty remains even now – more than a decade since his death in June 2007 – a darling for his cult following, an amusement for the curious, a distraction for the serious intellectual, a Celtic epiphenomenon, and one of the treasures of the RTE archives.


Crime Futures Market, Adam White Jul 2018

Crime Futures Market, Adam White

Adam White

Responding to the legally guilty is typically presented as a choice between incarceration and rehabilitation.  This paper suggests a third option: preemptive rehabilitation.  The argument presents an innovative institutional approach and a unique moral justification.  The vision is a crime futures market that transfers the risk of potential crime away from undeserving victims and into the portfolios of willing investors.  Instead of taxpayers paying exclusively for prisons, the proposal would allow young adults to sign contracts to not get involved in crime, but pay the award only upon their future success.  Because the contracts represent a future payment they are ...


Revising History And Re-Authouring The Left In The Postcolonial Digital Archive, Roopika Risam Jun 2018

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 ...


Beyond The Margins: Intersectionality And The Digital Humanities, Roopika Risam Jun 2018

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 ...


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge Jun 2018

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 profession ...


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 May 2018

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 May 2018

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 of historical ...


Feminist Oral History Practice In An Era Of Digital Self-Representation, Margo Shea May 2018

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

Margo Shea

Beyond Women’s Words unites feminist scholars, artists, and community activists working with the stories of women and other historically marginalized subjects to address the contributions and challenges of doing feminist oral history.

Feminists who work with oral history methods want to tell stories that matter. They know, too, that the telling of those stories—the processes by which they are generated and recorded, and the different contexts in which they are shared and interpreted—also matters—a lot. Using Sherna Berger Gluckand Daphne Patai’s classic text, Women’s Words, as a platform to reflect on how feminisms, broadly ...


“Tell Nobody But God”: Reading Mothers, Sisters, And “The Father” In Alice Walker’S The Color Purple, Cheryl Hopson Mar 2018

“Tell Nobody But God”: Reading Mothers, Sisters, And “The Father” In Alice Walker’S The Color Purple, Cheryl Hopson

Cheryl Hopson

No abstract provided.


The Practitioner, The Priest, And The Professor: Perspectives On Self-Initiation In The American Neopagan Community, Marty Laubach, Louis Martinie’, Roselinda Clemons Mar 2018

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 ...


Lines Of Demarcation In A Town Called Frontera: A Review Of John Sayles' Movie Lone Star, Margaret E. Montoya Mar 2018

Lines Of Demarcation In A Town Called Frontera: A Review Of John Sayles' Movie Lone Star, Margaret E. Montoya

Margaret Montoya

No abstract provided.


The New Technocracy: Positioning Librarianship’S Core Values In Relationship To Technology Is A Much Taller Order Than We Think, John Buschman Jan 2018

The New Technocracy: Positioning Librarianship’S Core Values In Relationship To Technology Is A Much Taller Order Than We Think, John Buschman

John Buschman

No abstract provided.


What Do You Give To A God Who Has Everything? "In The Bleak Mid-Winter", Leslie A. Engelson Dec 2017

What Do You Give To A God Who Has Everything? "In The Bleak Mid-Winter", Leslie A. Engelson

Leslie Engelson

A discussion of Christina Rosetti and her poem "A Christmas Carol". A famous musical setting of this poem is by Gustav Holst and is where the title "In the Bleak Mid-Winter originated. Another setting, by Harold Darke is sung and broadcast every Christmas by the Kings College Choir at Cambridge. This essay also includes a personal account of the author's experience with the poem and it's meaning to her. The full text of the poem as well as the Holst version of the carol is also included.


Libraries & Turbulence: Poster Art During Social And Political Unrest, Lauren E. Robinson Dec 2017

Libraries & Turbulence: Poster Art During Social And Political Unrest, Lauren E. Robinson

Lauren E. Robinson

The article offers information related to poster arts. Topics discussed include origin of poster art by a self-taught French artist Jules Cheret, significance of political poster art in analyzing the turmoil of political and social movements in the twentieth and twenty-first centuries, and preservation and accessibility of unique graphic collection and "Divided Society Digitisation Project" of Linen Hall Library to careful acquisition and collection by the librarians and staff.


Troubling Heritage: Intimate Pasts And Public Memories At Derry/Londonderry’S 'Temple', Margo Shea Dec 2017

Troubling Heritage: Intimate Pasts And Public Memories At Derry/Londonderry’S 'Temple', Margo Shea

Margo Shea

High on the east bank of the River Foyle, literally at ‘the Top of the Hill’ at the highest elevation in the city limits of Derry/Londonderry, Northern Ireland, a temple stood briefly. At 72 feet high, it towered over its surroundings, a thin spire mirroring the city’s cathedral steeples on the river’s opposite bank. The sign at its entrance instructed ‘Leave a memory behind, let go of the past and look to the future.’ Memories relinquished would not remain – at least not in their material forms. ‘Temple’ was made to be ephemeral, built to be consumed in ...