Arts and Humanities Commons^™

Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah

Book Chapters

In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.

This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …

Muslim Prisoner Litigation: An Unsung American Tradition (Introduction), Spearit

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For most Americans, “prison jihad” may sound frightening and conjure images of religious militants, bearded, turbaned, and under the spell of foreign radical networks…. While this may be the immediate impression, there is nothing like that happening in American prisons. However, there has been a different type of jihad taking place, one that is real and identifiable. This is not the sensational jihad of headline media; rather, this jihad is uneventful and quiet by comparison and has persisted since the 1960s with hardly any public notice.

Despite little attention and recognition, Muslims in prison occupy a unique spot in the …

Introduction To Oxford Handbook Of Feminism And Law In The U.S., Deborah L. Brake, Martha Chamallas, Verna L. Williams

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Combining analyses of feminist legal theory, legal doctrine and feminist social movements, this Handbook offers a comprehensive overview of U.S. legal feminism. Contributions by leading feminist thinkers trace the impacts of legal feminism on legal claims and defenses and demonstrate how feminism has altered and transformed understandings of basic legal concepts, from sexual harassment and gender equity in sports to new conceptions of consent and motherhood. It connects legal feminism to adjacent intellectual discourses, such as masculinities theory and queer theory, and scrutinizes criticisms and backlash to feminism from all sides of the political spectrum. Its examination of the prominent …

Of Rights And Regulation, Stephen W. Sawyer, William J. Novak

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This chapter explores the development of social provisioning as a matter not of right but of democratic administration in France and the United States in the nineteenth century. The authors take issue with conventional chronologies of rights development, which see civil and political rights being developed in the eighteenth and nineteenth centuries, with social rights appearing in the twentieth. Such categories and sequencing obscure the ways in which democratic administrations took the problem of social provisioning seriously. A history of socio-economic rights cannot be distinguished from the less formal technologies of socio-economic regulation that were an integral part of the …

Lin-Manuel Miranda And The Future Of Originalism, Richard A. Primus

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This chapter discusses how Lin Manuel Miranda's Hamilton: An American Musical is changing the future of originalism. Originalism in constitutional law has recently had a generally conservative valence not because the Founders were an eighteenth-century version of the Federalist Society, but because readings of Founding era sources that favored right-leaning causes were generally predominant in the community of constitutional lawyers. Since 2015, however, the millions of Americans who have listened obsessively to Hamilton's cast album or packed theaters to see the show in person have been absorbing a new vision of the Founding. The blockbuster musical narrative has retold America's …

Law And Authors: A Legal Handbook For Writers (Introduction), Jacqueline D. Lipton

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Drawing on a wealth of experience in legal scholarship and publishing, Professor Jacqueline D. Lipton provides a useful legal guide for writers whatever their levels of expertise or categories of work (fiction, nonfiction, academic, journalism, freelance content development). This introductory chapter outlines the key legal and business issues authors are likely to face during the course of their careers, and emphasizes that most legal problems have solutions so law should never be an excuse to avoid writing something that an author feels strongly about creating. The larger work draws from case studies and hypothetical examples to address issues of copyright …

Rules, Tricks And Emancipation, Jessie Allen

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Rules and tricks are generally seen as different things. Rules produce order and control; tricks produce chaos. Rules help us predict how things will work out. Tricks are deceptive and transgressive, built to surprise us and confound our expectations in ways that can be entertaining or devastating. But rules can be tricky. General prohibitions and prescriptions generate surprising results in particular contexts. In some situations, a rule produces results that seem far from what the rule makers expected and antagonistic to the interests the rule is understood to promote. This contradictory aspect of rules is usually framed as a downside …

Christianity And The International Economic Order, Daniel A. Crane

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The relationship between Christianity and the global economic order is murky. The influence of certain Christian thinkers can be seen in certain aspects of the international economic system, but it would be difficult to sustain the case that the system pervasively reflects a Christian character. There is little ongoing engagement between formal Christian institutions (churches or church groups) and formal political institutions such as the WTO, IMF, or World Bank, because the work of elite global political institutions has become technical, technocratic, and specialized. At a retail level, Christians of course exert influence on the global economy in their capacities …

Grassroots Diplomacy: Fighting The Cold War On The Family Farm With The International Farm Youth Exchange, Peter Simons

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No abstract provided.

Quentin Skinner, The Foundations Of Modern Political Thought, Donald J. Herzog

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"In The Foundations of Modern Political Thought, Quentin Skinner has three aims: creating a sort of reference book for hundreds of primary texts in multiple languages, illuminating a more general historical theme using late medieval and early modern political texts, and giving us a history of political thought with a genuinely historical character. Skinner allows us to see political theorists creatively wrestling with difficult political problems of their day, and attempting to solve them through their writing. Skinner’s critics, however, cannot shake the sense that placing these texts in historical contexts robs them of some of their profundity and value …

Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen

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Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …

Democratic States Of Unexception: Towards A New Genealogy Of The American Political, William J. Novak, Stephen W. Sawyer, James T. Sparrow

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This chapter takes issue with the history and theory of exception along these three lines. The first section offers a critique of the idea of law at the heart of the theory of exception. By taking a closer look at the history and theory of law in early nineteenth-century America, it offers an alternative reading of the role of exception in Emerson’s America – a place and time in which the exception in law was anything but exceptional. The second section offers a critique of the idea of state and sovereignty at the heart of the theory of exception in …

Collaborations In Liberal Arts Colleges In Support Of Digital Humanities, Lisa M. Mcfall, Janet Thomas Simons, Gregory Lord, Peter J. Macdonald, Angel David Nieves, Steve Young

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The field of digital humanities has been rapidly expanding over the course of the last decade. As such, academic institutions have been working to identify ways of supporting these new endeavors in a time of economic struggles. The Digital Humanities Initiative (DHi) at Hamilton College was conceived as one possible model of supporting digital humanities scholarship at a liberal arts institution. The DHi model relies heavily on collaboration among different teams in the Library and Information Technology Services across campus, and with institutions across the United States. DHi also has international partnerships that promote its goals in research, learning, and …

The Concept Of The State In American History, William J. Novak

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Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.

Beyond The Back Room: The Role Of Metadata And Catalog Librarians In Digital Humanities, Lisa M. Mcfall

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Many professors and students are surprised to learn about the variety of skills metadata and catalog librarians possess that can benefit their digital humanities projects. Metadata and catalog librarians already have experience in areas such as developing project metadata schemas and controlled vocabularies, as well as providing suggestions for project organization, and have the basic abilities needed to support learning new skills such as XML and TEI. This chapter will offer perspectives on how a metadata and catalog librarian can contribute to digital humanities projects. A case study focusing on the involvement of the Metadata and Catalog Librarian with the …

A Critique Of The Ubiquity Of The Toulmin Model In Argumentative Writing Instruction In The U.S.A., Lindsay M. Ellis

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Secondary and university instructors in the United States rely heavily on the Toulmin model to teach written argumentation. To date, pragma-dialectics (van Eemeren and Grootendorst 2004; van Eemeren 2010) is not a visible presence in American composition textbooks. To ameliorate the limits of a single framework, writing instructors and consultants should ask critical questions not only associated with Toulmin's model, but also those of the pragma-dialectic model of critical discussion.

Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen

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If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …

The Paradigm Of The Holocaust Will Not Last Forever, Richard A. Primus

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In college I studied political theory. In class after class, I noticed that instructors and students alike regularly used the Holocaust as a way to test ideas. Any successful principle of political morality must show that the Nazis were wrong; any successful theory of political institutions must be structured to prevent Nazis from rising to power again. These were the implicit rules of the discipline. I preferred to argue in other ways. The Holocaust was personal, and too big to be put to use. Surely I could ground my ideas in something else, some problem or event other than the …

Historical Development And Legal Basis, Mary O'Connell

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Although the subject of this Handbook is the law applicable to the conduct of hostilities that applies once a party has entered into armed conflict (the jus in bello), that law cannot be properly understood without some examination of the separate body of rules which determines when resort to armed force is permissible (the jus ad bellum). The jus ad bellum has ancient origins but current law is founded on Article 2(4) and Chapter VII of the UN Charter.

The Creation Of Authority In A Sermon By Saint Augustine, James Boyd White

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My way of honoring Joe today will not be to describe or extol his achievements directly but to try to show something of what I have learned from him, particularly in the way I approach a new text and problem, in this case the creation of authority in one of Augustine's sermons.

Aeterni Patris; Infallibility; O'Connor, Flannery; Papal Documents, Howard J. Bromberg

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Encyclopedia entries written by Howard J. Bromberg.

Woods, Tiger; And Yamaguchi, Kristi., Howard J. Bromberg

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Contributions by Howard J. Bromberg to Great Lives from History: Asian and Pacific Islander Americans, a collection of short biographical essays.

Armstrong, Louis; Capablanca, José Raúl; And Waller, Fats., Howard J. Bromberg

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Contributions by Howard J. Bromberg to The Twenties in America, a collection of short essays.

Local Histories, John G. H. Hudson

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This chapter looks at how local historical writing is prominent in medieval historiography, just as local affairs dominated most lives in the Middle Ages. However, the term and category local history is a modern concept, not a medieval one. Furthermore, even as a modern analytic category, local history can be problematic. One might ask whether the category should include powerful counties but not small kingdoms, or national histories with local sections or brief local elements. In England, the Anglo Saxon Chronicle was primarily concerned with national affairs, but also mentioned events in the particular monasteries where the various versions were …

Sport And Masculinity: The Promise And Limits Of Title Ix, Deborah Brake

Book Chapters

This paper uses the lens of masculinities theory to examine the connections between sport and masculinity and considers how law both reinforces and intervenes in sport’s production of masculinity. The paper urges moving beyond a "women vs. men" framework for examining gender equality in sport to include critical study of sport’s relationship to masculinities. The primary law examined in this chapter is Title IX of the Education Amendments in 1972, which is widely (and properly) credited with the explosive growth of women’s sports in the intervening decades. While Title IX has greatly expanded the range of culturally valued femininities for …

Armstrong, Louis; Ball, James Presley; Bates, Daisy; Batiste, Alvin; Blair, Henry C.; Bolin, Jane; Carmichael, Stokley; Chaney, James; Cheaham, Henry Plummer; Cochran Jr., Johhnie L.; Davenport, Willie; Dickerson, Eric; Evans, James Carmichael; Forman, James; Harris, Franco; Hawkins, Connie; Iverson, Allen; Lawrence Jr., Robert H.; Mays, Benjamin E.; Nixon, E.D.; Peete, Rodney; Sanders, Barry; Toomer, Jean; Walters, Alexander; And Yerby, Frank G., Howard Bromberg

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Contributions by Howard J. Bromberg to Great Lives from History: African Americans, a collection of short biographical essays.

Buchalter, Louis; Einstein, Albert; And Guggenheim, Meyer, Howard Bromberg

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Contributions by Howard J. Bromberg to Great Lives from History: Jewish Americans, a collection of short biographical essays.

Lindbergh Baby Kidnapping; And Nebbia V. New York, Howard Bromberg

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Contributions by Howard J. Bromberg to The Thirties in America, a collection of short essays.

St. Laurent, Louis; Siegel, Bugsy, Howard Bromberg

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Contributions by Howard J. Bromberg to The Forties in America.

Autobiography And African American Women’S Literature, Joanne M. Braxton

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No abstract provided.