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Law

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2014

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Articles 1 - 30 of 170

Full-Text Articles in Arts and Humanities

Table Of Contents Dec 2014

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Introduction Dec 2014

Introduction

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D. Dec 2014

Latino Catholicism And Indigenous Heritage As A Subfield Of Latino Studies: A Critical Evaluation Of New Approaches, Elizabeth C. Martinez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Posed through critical theory on "third-space," and a brief history of Latin American Studies, this article pursues analysis of recent interdisciplinary scholarship in English, to delineate the emergence of a new subfield in Latina/o Catholicism, connected to greater understanding of Indigenous legacy. The article also demonstrates the path of study toward creation of a themed academic issue.


The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara Dec 2014

The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that …


Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …


Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer Dec 2014

Immigrant Social-Economic Landscape Changes And Ethno-Racial Border Formation In Columbus, Ohio, David M. Walker Dr., Jack Schemenauer

Cultural Encounters, Conflicts, and Resolutions

In this study we analyze new immigrant gateways in the U.S. and the role African and Latino immigrants play in reinventing urban spaces while culturally and economically regenerating neighborhoods juxtaposed to orthodox city planning practices. Through this research we aim to further understand how urban space is produced at divergent scales in the era of heightened globalization. Through this understanding we analyze how the contestation over how urban space is used and consumed leads to distinctive forms in the production of urban space and the subsequent unintended formation of newly perceived cultural borders, often based upon race and ethnicity. Through …


Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir Dec 2014

Feminist Legal Theory As A Way To Explain The Lack Of Progress Of Women’S Rights In Afghanistan: The Need For A State Strength Approach, Isaac Kfir

William & Mary Journal of Race, Gender, and Social Justice

Cultural and religious practices are critical to explaining Afghanistan’s dreadful reputation concerning the preservation, protection, and promotion of women’s rights. Those advocating misogynistic practices assert that the calls for reforms challenge their religion and culture, while also claiming that many women’s issues exist within the private realm. Accordingly, they assert that reforms that aim at addressing disempowerment are not vital to the state and go beyond the established limits of state authority. Building on feminist legal theory, which distinguishes between the public and private spheres, I argue in Afghanistan misogynistic and discriminatory practices stem from contrived cultural and religious norms. …


My Share Of The Sky: Review 1, Helene Thomas Dec 2014

My Share Of The Sky: Review 1, Helene Thomas

RadioDoc Review

My Share of the Sky speaks like a poem. A poem of love, of life, and of loss. It is a story of finding refuge and freedom in a foreign land and reconciling with the longing for loved ones back home. Presented as an audio diary, Sheida Jahanbin invites listeners into her world as she and her husband Madyar make a new life for themselves in Oslo, Norway as political refugees from Iran. The program presents a stream of live happening moments which intimately capture Sheida's life as it is unfolding. Juxtaposing the mundane and the terrifying, the ordinary and …


The Left-To-Die Boat: Review 2, Peter Mares Dec 2014

The Left-To-Die Boat: Review 2, Peter Mares

RadioDoc Review

In March 2011 an inflatable boat carrying 72 asylum seekers from sub-Saharan Africa set out from the coast of Libya hoping to reach the Italian island of Lampedusa. As one Italian official commented, sailing from Libya towards Italy should have been ‘a bit like doing a slalom between military ships’. Yet as, out of fuel, supplies of food and water dwindled to nothing and the people on board began to get sick and die, the boat continued to drift and no help came. Eventually it floated all the way back to the Libyan coast. Of the 50 men, 20 women …


Law’S Evolution And Law As Custom, William A. Edmundson Dec 2014

Law’S Evolution And Law As Custom, William A. Edmundson

San Diego Law Review

normative, and law works by channeling custom-in-gross into progressively finer and more precise grooves. If there is normative moral value resident in the custom of elevating and following leaders, then that normativity ought to flow downstream into the finer channels officials carve and into the fresh territory they wish us to occupy. In places, that flow is too diluted, and normativity trails off. In places, officials direct the stream over a cliff, and it is no longer normative at all. In places, the stream is overtaken by stronger normative streams and can only make a difference yet farther downslope, where …


Do People Obey The Law?, Frederick Schauer Dec 2014

Do People Obey The Law?, Frederick Schauer

San Diego Law Review

It is customary in a symposium honoring a book as valuable as Laurence Claus’s for the commentators to begin by noting their general agreement with the author’s thesis and then explaining that, in the spirit of academic engagement, they will focus on one small but interesting area in which the author and the commentator disagree. On this occasion, however, it seems more appropriate to reverse that approach. For reasons I will make clear, I am in substantial disagreement with Claus’s normative argument against authority. Unlike Claus, I believe that “because I said so” is often, especially when backed by the …


Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis Dec 2014

Freedom, Benefit And Understanding: Reflections On Laurence Claus’S Critique Of Authority, John Finnis

San Diego Law Review

With wide-ranging and illuminating determination, Law’s Evolution and Human Understanding offers a refutation of the illusion of authority. No one, it rightly contends, has the right to be obeyed. Still less, as it correctly says, do any persons have the right that their say so be obeyed because they said so. Given the book’s stipulative definition of “authority,” these truths entail that authority is an illusion, and provide some important premises for a plausible further conclusion or pair of conclusions: it is harmful, both in practice and in theory, to say that some person or body has authority (“the rule …


Prediction Theories Of Law And The Internal Point Of View, Michael S. Green Dec 2014

Prediction Theories Of Law And The Internal Point Of View, Michael S. Green

San Diego Law Review

In my remarks here, I will try to defend Claus’s iconoclastic tone by identifying the important difference between prediction theories of law and Hart’s. I start with a number of distinctions. By a prediction theory of law I mean a theory under which a statement about the law, such as “The Securities Exchange Act is valid law,” is a prediction of the behavior and attitudes of people in a community. In addition to offering this theory, Claus tacks on what I will call a prediction theory of lawmaking, under which the words uttered or written by lawmakers are themselves essentially …


Law’S Evolution And Human Understanding, Laurence Claus Dec 2014

Law’S Evolution And Human Understanding, Laurence Claus

San Diego Law Review

What a privilege and delight it was to welcome the participants to this conference. I am deeply grateful to the outside commentators, Bill Edmundson, John Finnis, Michael Steven Green, Mark Greenberg, Fred Schauer, and Larry Solum, for contributing so generously. My thanks also go to the many faculty colleagues who joined in the celebration, and particularly to Larry Alexander for convening the event and leading the proceedings, as he so often does, and does so well. This response to the insightful commentaries on Law’s Evolution and Human Understanding grows out of three propositions: law comes first, law is signals, law …


From The Editor, Antulio J. Echevarria Ii Dec 2014

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Considering Why We Lost, Tami Davis Biddle Dec 2014

Considering Why We Lost, Tami Davis Biddle

The US Army War College Quarterly: Parameters

No abstract provided.


China's Strategic Moves And Counter-Moves, David Lai Dec 2014

China's Strategic Moves And Counter-Moves, David Lai

The US Army War College Quarterly: Parameters

No abstract provided.


China's "Power Projection" Capabilities, Thomas M. Kane Dec 2014

China's "Power Projection" Capabilities, Thomas M. Kane

The US Army War College Quarterly: Parameters

No abstract provided.


Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan Dec 2014

Defeating The Islamic State: A Financial-Military Strategy, Paul Rexton Kan

The US Army War College Quarterly: Parameters

No abstract provided.


The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie Dec 2014

The Us Army's Domestic Strategy 1945-1965, Thomas Crosbie

The US Army War College Quarterly: Parameters

No abstract provided.


American "Declinism": A Review Of Recent Literature, Michael Daniels Dec 2014

American "Declinism": A Review Of Recent Literature, Michael Daniels

The US Army War College Quarterly: Parameters

No abstract provided.


Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry Dec 2014

Battlefield Euthanasia: Should Mercy-Killings Be Allowed, David L. Perry

The US Army War College Quarterly: Parameters

No abstract provided.


China's Concept Of Military Strategy, Timothy Thomas Dec 2014

China's Concept Of Military Strategy, Timothy Thomas

The US Army War College Quarterly: Parameters

No abstract provided.


Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht Dec 2014

Gaza 2014: Israel's Attrition Vs Hamas' Exhaustion, Eitan Shamir, Eado Hecht

The US Army War College Quarterly: Parameters

No abstract provided.


Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege Dec 2014

Defeating The Islamic State: Commentary On A Core Strategy, Huba Wass De Czege

The US Army War College Quarterly: Parameters

No abstract provided.


China's Military Mercantilism, Christopher Bowen Johnston Dec 2014

China's Military Mercantilism, Christopher Bowen Johnston

The US Army War College Quarterly: Parameters

No abstract provided.


Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson Dec 2014

Gaza 2014: Hamas' Strategic Calculus, Glenn E. Robinson

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies 1, Usawc Press Dec 2014

Commentaries And Replies 1, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies 2, Usawc Press Dec 2014

Commentaries And Replies 2, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2014

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.