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2012

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Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert Dec 2012

Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert

Professor Nan Seuffert

Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …


A Biblical Theology Of Power, Lynn R. Buzzard Dec 2012

A Biblical Theology Of Power, Lynn R. Buzzard

Lynn R. Buzzard

No abstract provided.


Jfk, Don Draper, And The New Sentimentality, Gary R. Edgerton Nov 2012

Jfk, Don Draper, And The New Sentimentality, Gary R. Edgerton

Gary R. Edgerton

The semiotic similarities between JFK and Don Draper are unmistakable. Each is tall, handsome, and typically turned out in a custom-made dark suit with a matching skinny tie. Their demeanors are outwardly cool but sexy; old-school handsome if a bit aloof; elegant in style while projecting a kind of ironic intelligence. They both embody what David Newman and Robert Benton characterized in a feature article for Esquire in July 1964 as 'The New Sentimentality.' By that time, the Kennedy mystique was reaching mythic proportions in the immediate wake of his assassination on November 22, 1963, which in turn ushered in …


Narratives Serially Constructed And Lived: Ethnicity In Cross-Gender Strikes 1887-1903, Ileen A. Devault Oct 2012

Narratives Serially Constructed And Lived: Ethnicity In Cross-Gender Strikes 1887-1903, Ileen A. Devault

Ileen A DeVault

[Excerpt] The strikes narrated in this paper have illustrated different ways in which individuals' recognition of ethnic identity could interact with their recognition of gender and class identities. In each strike workers' identities developed along with the serial narrative of the particular strike situation. The use of Sartre's concept of the series helps us think about the many possible variations of class, ethnicity, and gender. Though Sartre planned to use his concept of series as a way to examine peoples' class identities, my employment of the concept broadens it to include other categories of identification as well. Using the concept …


A Double Life: Bette Davis' Twin Roles, Elaine P. Lennon Dr Oct 2012

A Double Life: Bette Davis' Twin Roles, Elaine P. Lennon Dr

Dr Elaine Lennon

An examination of the dualistic career of Bette Davis through the prism of Davis’ roles as identical twins in the fraternal films A Stolen Life (1946) and Dead Ringer (1964).


Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr Oct 2012

Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

This paper explores the international law principles relevant to situations of sovereign bankruptcy. The paper argues for these principles to be kept in mind during debate over the handling of situations of actual or pending sovereign debt such as the EU is now experiencing with Greece.


Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren Sep 2012

Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren

Mathias Alfred Jaren

The thesis for this essay is that social work, acting for the benefit and welfare of others, can be accomplished effectively by non-lawyers employing an agenda of political and legal interventions. Legal interventions even as uncomplicated as filing an amicus curiae brief for some unknown defendant being prosecuted for an offense against his government can have significant and important long term implications. This thesis is examined in the context of a life devoted to civil liberties - The Life and times of Roger Nash Baldwin.


Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks Sep 2012

Race Talk: Patricia J. Williams' Seeing A Color-Blind Future: The Paradox Of Race, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr Sep 2012

Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

The paper explores modern intenational law principles applicable to situations of soverign debt crises and the manner in which such crises should be resolved.


Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid Aug 2012

Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid

Ali M Abid

Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …


The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver Aug 2012

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …


The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver Aug 2012

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …


The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan Aug 2012

The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan

Barry Sullivan

Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.


Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta Aug 2012

Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta

Jesse Busta

This Note, entitled UNESCO’s Cultural Heritage Lists: Protecting Indigenous Traditional Sports and Games, will be the first to examine fully from a legal perspective a proposal to develop a means for protecting indigenous traditional sports and games, which are a valuable asset to all humanity. Protections are needed for indigenous traditional sports and games due to the harmful effects of globalization and the deviation of today’s people from their ancestors’ traditions. Currently, only tangible cultural heritage and limited intangible cultural heritage are protected by the United Nations Educational, Scientific, and Cultural Organization (“UNESCO”). Cultural heritage forms the backbone of human …


Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser Aug 2012

Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser

Mark Strasser

In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …


Protected Area Governance Conflicts In Ireland - Mending Poor Relations And New Modes Of Governance, Noel Healy Jul 2012

Protected Area Governance Conflicts In Ireland - Mending Poor Relations And New Modes Of Governance, Noel Healy

Noel Healy

Protected area governance concerns the interactions among structures, processes and traditions that determine how power is exercised, how decisions are taken and how citizens or stakeholders have their say (Graham et al., 2003). Over the last few decades, protected area governance has moved away from being a predominantly state-based ‘top-down’ model to a multi-level system under which powers and responsibilities are difused among a diversity of national and local government actors, civil society organisations and local communities management (Lockwood, 2010). Although the 1990s saw the emergence and increasing emphasis on the role of partnerships and collaboration as important elements in …


Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro Jul 2012

Moral Hazard Within The Greek Economic Crisis: An Analysis Of European Union Law Effectiveness In Dealing With The Greek Economic Crisis, Juan Castro, Juan Castro

Juan Castro

In this paper I will present the historical background of the current Greek economic crisis. I will delve into the causes of the fiscal and current-account deficits since Greece’s euro entry in 2001. In addition to the economic and financial information provided, I will also present cultural aspects and differences between Greece and its surrounding neighbors, primarily Germany, and how moral hazard has exacerbated the conflict. Further I will discuss the legality of the countermeasures and solutions presented and how these encroach upon European Union law treaties. Lastly I will conclude that in order for Greece and Germany to stabilize …


Spiritual Leaders In Troubled Times, Lawrence E. Frizzell D.Phil. Jul 2012

Spiritual Leaders In Troubled Times, Lawrence E. Frizzell D.Phil.

Reverend Lawrence E. Frizzell, S.T.L., S.S.L., D.Phil.

Cycle B liturgical readings for the Fourteenth Sunday in Ordinary Time, July 8, 2012: Ez 2:2-5; Ps 123; 2 Cor 12:7-10; Mk 6:1-6.
This article was previously published in The Catholic Advocate .


South Hadley Falls: Report On The Public Process, Elizabeth Brabec, Mark Hamin Jun 2012

South Hadley Falls: Report On The Public Process, Elizabeth Brabec, Mark Hamin

Elizabeth Brabec

The goals of this design and visioning process were:

• to identify a common vision for the future of South Hadley Falls;

• to identify opportunities for future growth, change and development that are appropriate to the vision; and

• to consider creative visions to identify alternative outcomes.

Spread over a period of months from September 2011 through February 2012, the process was composed of four activities:

1. an initial information gathering phase of documentary research into the history, background and demographics of the community;

2. a visit to and discussions with residents;

3. a community design charrette to discuss …


Dropped In Tripoli; Exploded In New York: Assessing The Collateral Consequences Of Nato’S [Mi]Sleading Intervention In Libya, Eberechi Ifeonu Jun 2012

Dropped In Tripoli; Exploded In New York: Assessing The Collateral Consequences Of Nato’S [Mi]Sleading Intervention In Libya, Eberechi Ifeonu

Eberechi Ifeonu

Few days after the bloodied former Libyan President, Colonel Muammar al-Gaddafi was arrested and hurled into a steaming vehicle and subsequently killed by his captors – an image that not only became an instant hit on YouTube but nearly bested that of the pop sensation, Justin Bieber – NATO announced the end of its “humanitarian mission” in Libya. While the mood in the African region, at best, was that of subdued resignation, in the West, there was a palpable air of accomplishment as leaders and the media celebrated what was regarded as the epiphany of a renewed commitment by the …


A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry May 2012

A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry

Deana Perry

No abstract provided.


Willa Cather As Equivocal Icon, Guy J. Reynolds May 2012

Willa Cather As Equivocal Icon, Guy J. Reynolds

Guy J Reynolds

All icons are ultimately equivocal: you can’t think of an icon without thinking about iconoclasm. Iconicity is a function of place. Cather turned the creation of icons, and the sceptical deconstruction of icons, into a form of narrative quest that could animate a whole fiction. After Cather’s death, her coterie, Midwesterners who had come East, were faced with what to make of an iconic heartlands figure who had moved to this re¬gion. Cather’s status as Midwestern icon became, after her death, a subject of struggle among E.K Brown, his widow Peggy Brown, Dorothy Canfield, Edith Lewis, Alfred Knopf, Leon Edel, …


The Connection Between Slavery And Prophecy As It Related To The American Nation In The Writings Of The Adventist Pioneers During The Antebellum Period, Trevor O'Reggio, Dojcin Zivadinovic May 2012

The Connection Between Slavery And Prophecy As It Related To The American Nation In The Writings Of The Adventist Pioneers During The Antebellum Period, Trevor O'Reggio, Dojcin Zivadinovic

Trevor O'Reggio

The period between 1850 and 1865 was a period of major social upheavals in American society; the major issue was the slavery. This period also witnessed the birth and organization of the Sabbatarian Adventism, a pre-millennial Christian movement distinguished by an emphasis on the Seventh-day Sabbath and a special understanding of Bible prophecies. Most Adventist pioneers vehemently opposed slavery, although not always on the same ground as their Christian counterparts. Aided by their peculiar understanding of Bible prophecy, the early Adventists identified America with apocalyptical end-time power, slavery being the key attribute of the “beast that looks like a lamb …


Aesthetics And Human Rights, Winston Nagan, Aitza Haddad Mar 2012

Aesthetics And Human Rights, Winston Nagan, Aitza Haddad

Winston P Nagan

This article seeks to contribute to a better understating of the relationship between aesthetics and fundamental human rights. The initial challenge was to develop a more clarified conception of aesthetics as a social process in order to better mark those aspects of aesthetics that have clear human rights implications. This required us to contextualize the aesthetics process in terms of the generally accepted model of communications theory, and then to deepened the inquiry using this model as the broad architectural foundation for unpacking the social process of aesthetics. These ideas were put into the context of significant contributions from the …


The Phenomenal Presence Of Invisible Legs: Beckett And The Actor, Annie Michael Paladino Mar 2012

The Phenomenal Presence Of Invisible Legs: Beckett And The Actor, Annie Michael Paladino

Annie Michael Paladino

Samuel Beckett did not write a theory of acting; nevertheless, his plays raise many longstanding questions and tensions regarding the actor's craft. This thesis examines the actor's creative process in Beckett's theatre. Drawing from the accounts of numerous actors, the author's own experience as a performer in Beckett's Happy Days, and performance studies theories, this thesis contends that the actor in Beckett's theatre must confront three specific dichotomies: inner life versus physical score, presentational versus representational modes of performance, and phenomenal body versus semiotic body. By positioning Beckett's theatre in dialogue with the writings of Konstantin Stanislavsky and Bertolt Brecht, …


The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott Feb 2012

The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott

Ryan W. Scott

The “information sharing” model, a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. Armed with that information, judges can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view, arguing that information sharing suffers from three fundamental weaknesses as an alternative to …


The Story Of An Eminently Forgettable Teacher Of English Told In His Own Words, Bibudhendra Narayan Patnaik Jan 2012

The Story Of An Eminently Forgettable Teacher Of English Told In His Own Words, Bibudhendra Narayan Patnaik

Bibudhendra Narayan Patnaik

No abstract provided.


Reconstructing Race: A Discourse-Theoretical Approach To A Normative Politics Of Identity, Andrew Pierce Jan 2012

Reconstructing Race: A Discourse-Theoretical Approach To A Normative Politics Of Identity, Andrew Pierce

Andrew J. Pierce

This paper aims to get clear on the normative implications of the idea that race is a “social construction,” not just for political practice in non-ideal societies where racial oppression remains, but in “ideal” (presumably non-racist) societies as well. That is, I pursue the question of whether race and/or racial identity would have any legitimate place in an ideally just society, or to state it another way, whether the concept of race can be extricated from the history of racial oppression from which it arose. The position I defend is a version of what has come to be called a …


Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman Jan 2012

Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman

Kimberly L. Alderman

Government agencies, non-profits, scholars, and advocacy groups alike assert that organized crime dominates the illicit antiquities trade. The illicit antiquities trade has been linked to money laundering, extortion, the drug and arms trades, terrorism and insurgency, and even slavery. This Article considers the connection between organized crime and the illicit antiquities trade, examines known criminal subcultures and evidence of their involvement in the trade, and analyzes lateral cooperation between loosely organized criminal groups. Finally, the Article poses the broader question of whether this lateral cooperation suggests that the antiquities trade as a whole operates as an organized criminal industry.


L’Essor Et Le Déclin De L’Occident: Une Perspective Géographique (The Rise And Fall Of The West: A Geographical Perspective), Nicole Andréa Mathys, Jean-Marie Grether, Claude Lutzelschwab Jan 2012

L’Essor Et Le Déclin De L’Occident: Une Perspective Géographique (The Rise And Fall Of The West: A Geographical Perspective), Nicole Andréa Mathys, Jean-Marie Grether, Claude Lutzelschwab

Nicole Andréa Mathys

This paper proposes a new representation of the worldwide distribution of human population and economic activity over two millennia. Combining the Maddison and the G-Econ databases, it tracks the evolution of the world’s demographic and economic centers of gravity during the 1-2010 period. The distributional and temporal patterns that emerge are clear and contrasted, with a stable East- Asian predominance during the first eighteen centuries, followed by a boomerang-like westward shift during the last two centuries. New turning points are identified, suggesting that the reversal of the Western shift occurred as early as the 1920s in demographic terms and in …