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Full-Text Articles in Arts and Humanities

Facilitating Pre-Service Teachers To Engage Emergent Bilinguals In Productive Struggle, Benjamin T. Dickey, Jim Ewing, Melissa Caruso, Emily D. Fulmer Dec 2018

Facilitating Pre-Service Teachers To Engage Emergent Bilinguals In Productive Struggle, Benjamin T. Dickey, Jim Ewing, Melissa Caruso, Emily D. Fulmer

Journal of Multicultural Affairs

This study utilized a multiple case study with qualitative research to examine how Pre-service teachers (PSTs) might engage Emergent Bilinguals (EBs) in productive struggle—grappling to solve problems (Warshauer, 2015). The researchers created a rubric based on Warshauer’s (2015) case study to record the types of questions PSTs asked as they tutored fourth grade EBs. Warshauer (2015) claimed PSTs should allow students more wait time and ask questions. She referred to such questions as affordance and probing guidance, which facilitates productive struggle. In order to discover more about the PSTs’ thinking, the researchers interviewed the PSTs before and after their first, …


Brackeen V. Zinke, Bradley E. Tinker Dec 2018

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …


An Examination Of The Death Penalty, Alexandra N. Kremer Dec 2018

An Examination Of The Death Penalty, Alexandra N. Kremer

The Downtown Review

The death penalty, or capital punishment, is the use of execution through hanging, beheading, drowning, gas chambers, lethal injection, and electrocution among others in response to a crime. This has spurred much debate on whether it should be used for reasons such as ethics, revenge, economics, effectiveness as a deterrent, and constitutionality. Capital punishment has roots that date back to the 18th century B.C., but, as of 2016, has been abolished in law or practice by more than two thirds of the world’s countries and several states within the United States. Here, the arguments for and against the death …


High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter Dec 2018

High-Energy Laser Weapons: Overpromising Readiness, Ash Rossiter

The US Army War College Quarterly: Parameters

No abstract provided.


Civil-Military Relations And Today's Policy Environment, Thomas N. Garner Dec 2018

Civil-Military Relations And Today's Policy Environment, Thomas N. Garner

The US Army War College Quarterly: Parameters

No abstract provided.


Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth Dec 2018

Innovation Tradecraft: Sustaining Technological Advantage In The Future Army, Adam J. Harrison, Bharat Rao, Bala Mulloth

The US Army War College Quarterly: Parameters

No abstract provided.


Lieutenant Colonel Donn A. Starry, Usawc Press Dec 2018

Lieutenant Colonel Donn A. Starry, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner Dec 2018

Judicializing History: Mass Crimes Trials And The Historian As Expert Witness In West Germany, Cambodia, And Bangladesh, Rebecca Gidley, Mathew Turner

Genocide Studies and Prevention: An International Journal

Henry Rousso warned that the engagement of historians as expert witnesses in trials, particularly highly politicized proceedings of mass crimes, risks a judicialization of history. This article tests Rousso’s argument through analysis of three quite different case studies: the Frankfurt Auschwitz trial; the Extraordinary Chambers in the Courts of Cambodia; and the International Crimes Tribunal in Bangladesh. It argues that Rousso’s objections misrepresent the Frankfurt Auschwitz trial, while failing to account for the engagement of historical expertise in mass atrocity trials beyond Europe. Paradoxically, Rousso’s criticisms are less suited to the European context that represents his purview, and apply more …


Social Media Warriors: Leveraging A New Battlespace, Buddhika B. Jayamaha, Jahara Matisek Dec 2018

Social Media Warriors: Leveraging A New Battlespace, Buddhika B. Jayamaha, Jahara Matisek

The US Army War College Quarterly: Parameters

No abstract provided.


The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright Dec 2018

The Take Care Clause, Justice Department Independence, And White House Control, Andrew Mccanse Wright

West Virginia Law Review

Problematic relations between the White House and the U.S. Department of Justice stand out even amidst the broader tumult of President Donald Trump's first year in office. With respect to written policy restricting contacts between the White House staff and the Department, the Trump White House has followed the general contours of predecessor administrations. Those policies recognize that White House contacts restrictions vary with the Department’s complex functions, restrict channels of contact, and restrict personnel authorized to make contacts. They also grant limited exceptions where White House-Department contact is required to assist the President in the performance of a constitutional …


From The Editor, Antulio J. Echevarria Ii Dec 2018

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2018

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz Dec 2018

Multidimensionality: Rethinking Power Projection For The 21st Century, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.


Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya Nov 2018

Building Peaceful Coexistence Between Rohingya Refugees And Buffer Com- Munities In Langsa City And East Aceh, Yulia Rina Wijaya

Journal of Islamic Law Studies

The arrival of Rohingya refugees in East Aceh in 2015 is different, in terms of num- ber and people’s response. From the first week to the beginning of the third month, aids flow in daily, piling up at government warehouses. So many people from the Langsa City and neighbouring areas come to see the refugees or offer helps. Sponta- neous social solidarity is evident out of collective memories of Tsunami disaster and spiritual connection. Impact of Rohingya refugees presence that receive humanitari- an aid from many local, national and international organizations which put refugees too special and full of aid …


Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi Nov 2018

Orientation Of Zakat As Humanitarian Assistance To Rohingya Refugees In Indonesia, Nur Mohamad Kasim, Mellisa Towadi

Journal of Islamic Law Studies

The aim of this writing, reviewing the existence of Zakat as humanitarian assistance can be allocated for the Rohingya refugees who are in Indonesia. Given zakat is of national income devoted to indigenous citizens. This writing is normative, is the principal legal study is conceived as norms or rules which apply, both Islamic Law and International Law. Moreover, the authors did a qualitative approach through the study of Islamic law and supported the chart data on Zakat nationally and internationally. In the conclusion showed, firstly, the Rohingya refugees stranded in Indonesia must be given humanitarian aid as well as …


Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh Nov 2018

Respect The Non Intervention, Disrespect The Humanity, Uum Humairoh

Journal of Islamic Law Studies

The non-intervention means that the equal sovereign states shall not intervene in each other’s internal affairs. The non-intervention would be regarded as an equivalent of non-intervention. The countries have obligation to obey this term to avoid other country’s intervention. Sometimes, it brings positive impact to the country, meaning that the country can stand alone to handle any issues, internal or external.

However, as the time goes by, this issue of non-intervention has become debatable. ASEAN, regional organization in South East Asian, has used this term as basic prin- ciple to run the organizational function. ASEAN cannot be involved in the …


Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda Nov 2018

Protecting Rohingya Refugees In Asean: The Contested Human Rights In The World Of Na- Tion-States, Nurul Azizah Zayzda

Journal of Islamic Law Studies

This paper departs from the concern that states’ policy towards refugees and asylum seekers around theworld has not necessarily encouraged a true meaning of refugee protection. Instead, the policy related to their situation has been founded on the ba- sis of states’ rights to accept asylum. In consequence, there have been always cases of refugees living in limbo, denied from protection or even deported to their home countries. The fact however needs to be not taken for granted, to be acknowledged as result of construction by wide range of actors; states, intergovernmental states, international non-governmental organizations, individuals, etc. This paper …


Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani Nov 2018

Making The Best Out Of The Worst: Utilizing Indonesia’S Existing Laws To Protect Asylum Seekers In Transit, Tanita Dhiyaan Rahmani

Journal of Islamic Law Studies

Being a party in the 1951 Convention on the Status Relating to Refugees and its 1967 Protocol is not an exclusive solution to legal protection of asylum seekers and refugees in Indonesia. Although the Government of Indonesia has not ratified both instruments, it has acknowledge the protection of asylum seekers and refugees under the People Consultative Assembly (MPR) Decree Number XVII Year 1998 and Law Number 37 year 1999 regarding Foreign Relations. A 2016 United Nations High Commissioner for Refugees reported that Indonesia has become a transit destination for more than 13,000 asylum seekers and refugees, including nearly 1,000 Rohing- …


The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi Nov 2018

The Plight Of Rohingya People In Bangladesh: Access To Justice And Human Rights Protection, Shyikh Mahdi

Journal of Islamic Law Studies

Bangladesh has a long history of hosting Rohingya from the Northern Rakhine State of Myanmar with the earliest arrivals recorded in 1948. The recent influxes occurred in last few years forced a large number of Rohingya to flee to Bangladesh in the wake of serious state repression in Myanmar. This huge influx of refugees without proper reception and attention from the Bangladeshi side caused severe humanitarian crisis; the appalling conditions of the refugee ghettos are gradually deteriorating. Desperate for their survival, the Rohingya people are infiltrating into various levels of socio-economic structures of Bangladesh without any proper plan/management policy. Often, …


Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman Nov 2018

Ike’S Constitutional Venturing: The Institutionalization Of The Cia, Covert Action, And American Interventionism, Jacob A. Bruggeman

Grand Valley Journal of History

U.S. covert action from the 1950s onward was shaped, in part, by the success a CIA-orchestrated coup d'état in which the United States deposed the popular Iranian nationalist Mohammed Mossadegh. Ordered by president Eisenhower, the coup in Iran set the precedent for utilizing covert action as a means of achieving State goals. In so doing, President Eisenhower overturned the precedent set by his immediate predecessor, President Truman: that is, the precedent of using the CIA in its intended function, gathering and evaluating intelligence. The coup, then, is an exemplary case of venture constitutionalism. Eisenhower, in ordering the coup, extended his …


The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco Nov 2018

The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco

Journal of Vincentian Social Action

In this article we have projected three central objectives: first, to delimit the scope and limits of the recognition granted by the Aristotelian-Thomist tradition to the centrality of the common political good in life and in the fullness of the human being; Secondly, to specify the nature of the present difficulties that has the same possibility of the common reaches, by virtue of the valuation of the diversity projected by the liberal tradition inherited from Modernity; Thirdly, to analyze the impact that the dichotomy common good/diversity has had and continues to have on the way in which intra-organizational conflicts and …


Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta Nov 2018

Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta

Journal of Vincentian Social Action

Employees who deviate from established rules at work face suspension or termination from their employment. Yet, knowing these dire consequences employees may still find themselves walking on a different path of business policy. Most employee wrongful conduct is done with the specific intent of benefitting the employee. In some cases, the authorities are brought in to intervene and criminal charges are brought against the employee, as in the case of embezzlement. Some acts are done by employees who do not believe in their company’s rules and are willing to deviate from them, not for their own benefit, but rather for …


Usury And The Common Good, Jim Wishloff Nov 2018

Usury And The Common Good, Jim Wishloff

Journal of Vincentian Social Action

The human person’s social nature makes justice and the common good subjects of immense importance. St. Thomas Aquinas defines justice as “the habit whereby a man renders to each one his due by a constant and perpetual will” (Aquinas, 1948, II-II, q.58, a.1). Looking more closely at the definition, we see that justice resides in and perfects the rational will. By willing to be just we perfect our moral personhood. The essence of the virtue is to give to others what is their right by virtue of their nature as human beings. Thus, justice inclines us to think of and …


Table Of Contents Nov 2018

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.


Editors Nov 2018

Editors

Journal of Vincentian Social Action

No abstract provided.


Cover Nov 2018

Cover

Journal of Vincentian Social Action

No abstract provided.


Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears Oct 2018

Clinton V. Jones: The King Has No Clothes (Nor Absolute Immunity To Boot), Christopher James Sears

West Virginia Law Review

No abstract provided.


Ribeiro On Mill's Harm Principle, Christopher T. Wonnell Oct 2018

Ribeiro On Mill's Harm Principle, Christopher T. Wonnell

San Diego Law Review

Ribeiro’s article is broadly sympathetic to Mill’s harm principle. However, it argues that there is no one conclusive argument in its favor. Rather, there are a plurality of different arguments that all lend strength to Mill’s general conclusion, at least in particular categories of cases. The Article begins by noting that the harm principle is not limited to criminalization. In various ways short of criminalization, the law seems to prefer some ways of life over others on what seem to be paternalistic or moralistic grounds rather than any kind of obvious harm the actors are doing to other people. We …


Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett Oct 2018

Church History, Liberty, And Political Morality: A Response To Professor Calhoun, Ian Huyett

Washington and Lee Law Review Online

In his address, Professor Calhoun used American Christian abolitionism to illustrate the beneficial role that religion can play in political debate. Surveying the past two millennia, I argue that Christian political thought has protected liberty in every era of the church’s dramatic history. Along the way, I rebut critics—from the left and right—who urge that Christianity’s political influence has been unhelpful or harmful. I also seek to show that statements like “religion has no place in politics” are best understood as expressions of arbitrary bias.


A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou Oct 2018

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …