Arts and Humanities Commons^™

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’ …

Expanding The Definition Of Provenance: Adapting To Changes Since The Publication Of The First Aam Guide To Provenance Research, Katlin Cunningham

Master's Projects and Capstones

In 2001 the American Alliance of Museums (AAM) published The AAM Guide to Provenance Research. However, in the past seventeen years there have been several new developments in the provenanceresearchfield, and an updated guide has yet to be released. I propose that several changes be made to create an updated version. For this project, I tested this guide in two ways: first, to see how our understanding of provenance has changed since 2001 and second, to use a case study to assess whether the recommended basic research guide and principles still apply to today.

In the first …

The 200,000 Cards Of Dimitri Yurasov: Further Reflections On Scholarship And Truth, Daniel A. Farber, Suzanna Sherry

Suzanna Sherry

No abstract provided.

Male Same-Sex Relations In Socialist China, Wenqing Kang

History Faculty Publications

No abstract provided.

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

All Faculty Scholarship

H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

Felice J Batlan

Signature And Illusion: Lessons From The Baroque For 'Truth' In Law, Arts And Humanities, Richard Mohr

Richard Mohr

Basic to contemporary problems in the disciplines of representation and interpretation is a split between a naïve acceptance of bare facts, presumed to exist in their own ‘objective’ world of objects, and the actions of subjects who interpret an intersubjective world. The solution is sought in some ‘new’ epistemologies: Martín Alcoff, Grosz, Kristeva, Butler, as well as in Benjamin and Gadamer, who look back to older ways of knowing. The methodology is an archaeology of these ways of knowing, focussed on a crucial transition in the understanding of representation between the renaissance and the baroque. It uses quintessential methods of …

The [Not So] Hidden Curriculum Of The Legalist State In The Book Of Lord Shang And The Han-Fei-Zi, Brandon R. King

Comparative Philosophy

This paper loosely draws some parallels between the experience of a subject in a so-called “Legalist” state with that of a contemporary student in Western schooling today. I explore how governance in the Book of Lord Shang and the Hanfeizi can be interpreted as pedagogy. Defining pedagogy in a relatively broad sense, I investigate the rationalizations for the existence of the state, the application of state mechanisms, and even the concentration of the ruler’s power all teach subjects habits, attitudes, and sensibilities in a similar fashion to what Philip Jackson called the “hidden curriculum”. Through his framework of “crowds, praise, …

"'Violent Love': Jane Austen And Eighteenth-Century Marriage Laws", Brianna Bicho

Seton Hall University Dissertations and Theses (ETDs)

In several of Jane Austen’s novels, her heroines are confronted more than once with the proposition of marriage. Many of the primary proposal scenes in these tales contain violent language seemingly at odds with the romantic context, and the romance convention, of a proposal scene. Austen’s rhetoric of violence functions as a critique of contemporary laws defining and regulating marriage, particularly Blackstone’s Commentaries on the Laws of England, published in 1765. These laws negated a woman’s ownership – both personal and financial – upon her marriage: they outlined both the illegality of a wedded female to own property and the …

Rethinking Law And Gospel In The Way We Do Preaching, Benjamin Berteau

Grapho : Concordia Seminary Student Journal

This paper evaluates the impact of C. F. W. Walther’s Law and Gospel and Richard Caemmerer’s goal, malady, means approach to homiletics, also discussing the potential trap of law-gospel reductionism. A suggested pathway forward is a reemphasis on a creedal approach to Lutheran theology and preaching as well as a renewal of rhetoric as foundational to ultimately restoring a positive view of the third use or function of the law in Lutheran preaching. Having done so, the reader may certainly apply this positive view of the law as it relates to preaching on other topics related to the Christian Life …

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black America. …

Theatrical Weddings And Pious Frauds: Performance And Law In Victorian Marriage Plots, Adrianne A. Wojcik

Dissertations (1934 -)

This study investigates how key Victorian novelists, such as Anne and Charlotte Brontë, Elizabeth Gaskell, Charles Dickens, Wilkie Collins, Mary Elizabeth Braddon, George Eliot, and Thomas Hardy, emphasize performativity in their critiques of marriage. Given the performative nature of wedding ceremonies, this project focuses on wedding descriptions in select novels by the aforementioned authors. Such a focus highlights an interesting dilemma. Although we often think of Victorian novels as overwhelmingly concerned with marriage, the few wedding descriptions found in Victorian fiction are aborted, unusually short or announced after the fact. Those Victorian novelists who do feature weddings often describe them …

Codifying Discrimination: The Status Of Women, Slaves And Freedmen In The Ancient Near East, Graham Dunbar

Armstrong Undergraduate Journal of History

About the author:

Graham Dunbar is a sophomore at St. Norbert College in De Pere, Wisconsin. As a history major, he is particularly interested in the history of the US foreign policy. He is currently a writing tutor at St Norbert’s Writing Center and hopes to pursue postgraduate education.

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.

Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass

All Faculty Scholarship

No abstract provided.

The Habitual Offenders, Beth Storr

All ETDs from UAB

The Habitual Offenders is a work of literary journalism, written as a piece of first-person creative nonfiction. The collection of chapters explores a specific class of prison inmates in Alabama, sentenced to life without parole under a three strikes law. Major themes include fairness and disparity in the criminal justice system, politics, race and the community fallout from mass incarceration. This work reflects writing traditions from both investigative/narrative journalism and personal memoir.

Theatricalizing Law, Marett Leiboff

Faculty of Law, Humanities and the Arts - Papers (Archive)

To theatricalize law is to ask lawyers to be aware and responsive to the world that creates them and to be conscious of worlds beyond words. For the theatrical reminds us that law has to see as well as to interpret, and that seeing occurs through the body, even more so than the intellect. Reviewing the work of some of the key scholars whose work engages with the concept of theatricalizing law, this article challenges the presumption of dramatic verities and certainties as the mark of an effective critical form in law. Instead, to think law theatrically challenges knowledge, expectations, …

The Abolishment And Fulfillment Of The Law In The New Testament: The Try Of A Harmonic Reading Of The New Testament Teachings Regarding The Law, David Hans Bernhard Harms

Master's Theses

Problem

A central issue in the covenant theology is the change in the law between the OT and the NT. Interpretations vary between the widely spread belief that the entire law has been abolished, up to the belief that the Jewish festivals should still be an obligation for each follower of Christ. The result of investigations regarding the changes in the law depends mainly on underlying presuppositions and different hermeneutical approaches.

Method

This study is based on three basic principles: (a) the acceptance of Christ as the Lawgiver and central Teacher of the law in the OT and the NT; …

Lang And Law: Analyzing Representations Of Law, Justice, And Violence In The Films Of Fritz Lang, Dante Fresse

Honors Theses

This thesis analyzes the representations of Law, Justice, and Violence in the German and American films of Fritz Lang. Through an overview of legal and social unrest in Germany and courtroom drama, criminal conviction, mob violence, and police corruption in America, Lang challenges the legitimacy of Law and shows how it is subverted by outside forces. At other times, Lang shows Law working in collusion with criminal agencies or against the interests of the public. In doing this, Lang’s films present images of legal decay in the urban sphere, prompted by anxieties which come about through spatial alienation, city structure, …

Beyond Greed Is Good: Pop Culture In The Business Law Classroom, Felice Batlan, Joshua Bass

Felice J Batlan

No abstract provided.