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Articles 1 - 30 of 192
Full-Text Articles in Arts and Humanities
The Role Of The Law In The Sanctification Of The Believer Today: A Brief Introduction To Pronomianism, Benjamin John Stepan Szumskyj
The Role Of The Law In The Sanctification Of The Believer Today: A Brief Introduction To Pronomianism, Benjamin John Stepan Szumskyj
Doctoral Dissertations and Projects
In recent years the theological term “pronomianism” has emerged within lay scholarship and academia. While still evolving as a concept, it is the doctrine that affirms the ongoing and universal nature of all God’s commandments, to be practised literally and non-literally (by way of principlism and paradigm), as opposed to a theological framework that designates only the “moral” as operative and those that are “civil and ceremonial”, as redundant. This dissertation contends that pronomianism is an accurate and credible doctrine of interpretation in which the Jewish and Gentile believers in Jesus Christ are to abide by all the commandments of …
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Silencing Jorge Luis Borges The Wrongful Suppression Of The Di Giovanni Translations, Wes Henricksen
Faculty Scholarship
No abstract provided.
Individual Rights Vs. Collective Value In Paragraph 218: The Role Of Political Tradition In The Development Of German Abortion Policy, Annie Morgan
CISLA Senior Integrative Projects
No abstract provided.
Just Following Up: My Experience As A Summer Student Administrator For Osler, Hoskin & Harcourt Llp, Bridget Leslie
Just Following Up: My Experience As A Summer Student Administrator For Osler, Hoskin & Harcourt Llp, Bridget Leslie
SASAH 4th Year Capstone and Other Projects: Publications
In this paper, I reflect on my experience as a Summer Student Administrator for Osler, Hoskin & Harcourt LLP where I acquired skills such as proficiency in various software and data analysis as well as professional communication, confidence, and organization. I applied these skills daily to produce quality work, and I am still applying these skills to my academic and personal life almost a year later. The culminating experience of the summer was presenting my own data analysis to a group of executives, which helped me improve my presentation skills and foster confidence in my own abilities. In addition to …
The Concepts Of Law And Morality In Castle In The Sky, Kiet T. Tran
The Concepts Of Law And Morality In Castle In The Sky, Kiet T. Tran
CAFE Symposium 2023
This project examines the film Castle in the Sky by Studio Ghibli, directed by Hayao Miyazaki and how it uses “chaotic good”, “lawless evil” and “lawful good” being ideas rework from Future Boy Conan (1978) also directed by Hayao Miyazaki through an examination of the relationships between the characters.
Reproductive Justice And Feminism: A Comparative Legal Analysis Of The Policies And Healthcare Systems In The United States And Colombia, Samantha Cooke
Reproductive Justice And Feminism: A Comparative Legal Analysis Of The Policies And Healthcare Systems In The United States And Colombia, Samantha Cooke
Modern Languages, Philosophy and Classics Theses
This thesis seeks to offer a comparative legal analysis of the state of the laws regarding abortion and reproductive autonomy in the United States of America and Colombia. This thesis will first address a brief history of feminism and its origins in the United States and Colombia. It will also analyze the policies held by each respective nation; starting with old legislation and moving to current policies regarding abortion. It will also include a comparison between both the U.S. and Colombia; offering suggestions for the future with regards to potential policy changes. The purpose of this thesis is to demonstrate …
Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor
Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor
Articles
This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee
Open Educational Resources
From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara
Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara
Independent Study Project (ISP) Collection
The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Senior Honors Theses
The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …
Trans Legal Aid: Resources For Lawyers Representing Trans Clients, Sydney Miller
Trans Legal Aid: Resources For Lawyers Representing Trans Clients, Sydney Miller
Honors Theses
For my senior thesis, I've put together a brief but thorough website that lawyers can use when working with transgender people in hopes that I can fill in some potential gaps or point people towards more information on the subject. If you're reading this, whether you're a student, lawyer or anyone else, I applaud you for taking the time to further educate yourself on transgender legal issues, and I hope you're able to take something away from it.
Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal
Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal
English Faculty Publications
This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the second section of the book, which focuses on the effectiveness of legal responses to gendered violence. As with the previous introductory dialogue, the discussion takes place after preliminary drafts had been completed, and the authors share their thoughts on the subjects they will each discuss in more detail in the following chapters. These include the impact of cultural and gender bias within the Indian legal system, the insufficient impact of long-overdue reforms in Japan's sexual violence …
Addressing Workplace Accessibility Practices Through Technical Communication Research Methods: One Size Does Not Fit All, Sherena Huntsman
Addressing Workplace Accessibility Practices Through Technical Communication Research Methods: One Size Does Not Fit All, Sherena Huntsman
English Literature Faculty Publications and Presentations
Background: Accessibility of digital materials within workplaces continues to be an issue that is not readily and completely addressed through legal compliance and institutional policy. Despite the lack of marked improvement in digital accessibility, many continue to pursue a policy approach to accessibility, including checklists and guidelines. Literature review: Despite the attention paid to accessibility and surrounding issues by scholars in the field of technical and professional communication, little direction has been given to help practitioners advocate for accessibility in the workplace. Research question: Can common ground between institutional values and accessibility be discovered and leveraged to motivate value-driven accessibility? …
Our Representative On This Island: Local Belonging And Transnational Citizenship Among Syrian And Lebanese Cubans, 1880-1980, John T. Ermer Jr
Our Representative On This Island: Local Belonging And Transnational Citizenship Among Syrian And Lebanese Cubans, 1880-1980, John T. Ermer Jr
FIU Electronic Theses and Dissertations
Émigrés from Ottoman Syria and Cuba who, beginning in the late-nineteenth century, traveled not unidirectionally, from one nation to another, but between and within multiethnic, polycentric empires. Tracing their history opens a route to better understanding global legal regimes of citizenship. Weaving government records from Cuba, France, and the United States with associational records and oral history interviews, this dissertation reveals how vernacular understandings of citizenship in Cuba and the Levant, based on locally derived conceptions of belonging, but over time contended with liberalizing legal reforms meant to redefine citizenship as a state-focused and legible status. As a mobile population …
Litigating The Limits Of Religion: Minority And Majority Concerns About Institutional Religious Liberty In India, Chad Bauman
Litigating The Limits Of Religion: Minority And Majority Concerns About Institutional Religious Liberty In India, Chad Bauman
Scholarship and Professional Work - LAS
Western religious liberty advocates tend to focus on restrictions placed on minority religious communities, particularly when advocating abroad, that is, outside of the country in which they reside. In all contemporary democracies, however, adherents of religious majorities also express concerns about religious liberty. For this reason, the article considers both minority and majority concerns about institutional religious freedom in India. This essay provides an overview of religious freedom issues, with a particular focus on institutions, though, as I acknowledge, it is not always simple to distinguish individual from institutional matters of religious freedom. After describing various minority and majority concerns …
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Oral Interview: Contextualizing The Women's Rights Movement In Tunisia Through Family History, Walid Zarrad
Papers, Posters, and Presentations
In their path towards emancipation and equal rights, Tunisian women have gone through a number of phases that seem to be directly linked to legal changes and cultural factors. In fact, the Code of Personal Status (CPS) of 1956 seems to be a milestone in the women’s movement, and its following amendments continued on this path. However, it is a lot more complex than that. A piece of legislation officially passing is not a simple determinant of the state of Women’s Rights in a country.
Through Dorra Mahfoudh Draoui’s “Report on Gender and Marriage in Tunisian Society” and my interview …
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb
Articles
This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …
Racializing American ‘Egyptians’: Shifting Legal Discourse, 1690s–1860s, Ann Ostendorf
Racializing American ‘Egyptians’: Shifting Legal Discourse, 1690s–1860s, Ann Ostendorf
History Faculty Scholarship
This article situates the historical “Egyptian,” more commonly referred to as “Gypsy,” into the increasingly racist legal structures formed in the British North American colonies and the early United States, between the 1690s and 1860s. It simultaneously considers how those who considered themselves, or were considered by others, as “Egyptians” or “Gypsies” navigated life in the new realities created by such laws. Despite the limitations of state-produced sources from each era under study, inferences about these people’s experiences remain significant to building a more accurate and inclusive history of the United States. The following history narrates the lives of Joan …
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber
Articles
This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck
An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck
Masters Theses
In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism is incapable of providing …
Reviewed Work(S): Midwestern Strange: Hunting Monsters, Martians, And The Weird In Flyover Country By Hollars, Susan Neville
Reviewed Work(S): Midwestern Strange: Hunting Monsters, Martians, And The Weird In Flyover Country By Hollars, Susan Neville
Scholarship and Professional Work - LAS
No abstract provided.
Empowered Women Empower Women, Anne S. Douds
Empowered Women Empower Women, Anne S. Douds
Public Policy Faculty Publications
Good afternoon and thank you for your determination to hold this important event today regardless of the weather. When Jenny said that we would go forward rain, sleet, or snow, I did not anticipate that we would have all three in the same day!
Maybe your determination derives from the residual spirit of a group of women who gathered here 100 years ago, also determined, but that time they were determined to ensure that their community acknowledged their right to vote. They were empowered, excited, and ready to act because, five years prior, in 1915, Katherine Wentworth of the Pennsylvania …
Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber
Lost & Found: New Harvest, Owen Gottlieb, Ian Schreiber
Presentations and other scholarship
Lost & Found is a strategy card-to-mobile game series that teaches medieval religious legal systems with attention to period accuracy and cultural and historical context.
Set in Fustat (Old Cairo) in the 12th century, a great crossroads of Islam, Judaism, and Christianity. The Lost & Found games project seeks to expand the discourse around religious legal systems, to enrich public conversations in a variety of communities, and to promote greater understanding of the religious traditions that build the fabric of the United States. Comparative religious literacy can build bridges between and within communities and prepare learners to be responsible citizens …
Fixing America's Founding, Maeve Glass
Fixing America's Founding, Maeve Glass
Faculty Scholarship
The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran
Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran
Political Science Honors Projects
It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …
International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner
International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner
Faculty of Law, Humanities and the Arts - Papers (Archive)
The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr
Law Faculty Scholarship
"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.
Male Same-Sex Relations In Socialist China, Wenqing Kang
Male Same-Sex Relations In Socialist China, Wenqing Kang
History Faculty Publications
No abstract provided.