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Originalist Arguments In Free Speech History, Samantha Barbas

Texas A&M Law Review

Contrary to what historians and legal scholars have often assumed, originalism has played an important role in American free speech history. During the 1950s, originalist interpretations of the First Amendment as prohibiting the crime of seditious libel became popular in legal argumentation, court rulings, and in popular culture more generally. The reason for the popularity of these arguments was the Red Scare. Liberal lawyers, judges, and scholars deployed originalist arguments in their battles against government anti-Communist measures. They argued that the original meaning and purpose of the First Amendment was the ban on punishment for criticism of the government, and …

Race, Memory, And Authority In Constitutional Interpretation, Henry L. Chambers, Jr.

Texas A&M Law Review

This Essay considers how America’s history and memory regarding race complicate constitutional interpretation. If scholars interpreted the Constitution merely to determine what the majority view of the Constitution may have been when it was ratified—its original public meaning (“OPM”)—the loose use of history and memory to interpret the Constitution might be acceptable. What the People—whose membership is contested—thought the Constitution meant when it was framed is interesting, so long as it does not bind us today. However, as Jack Balkin notes in Memory and Authority: The Uses of History in Constitutional Interpretation, lawyers and judges attempt to use history …

Memory Warriors, Pluralists, And Abnegators In Constitutional Interpretation: An Essay On Jack Balkin's Pluralist Originalism In Memory And Authority, Jed Handelsman Shugerman, Zachary Shugerman Handelsman

Texas A&M Law Review

One of the most compelling and generative aspects of Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation is its synthesis of constitutional theory, history, and the growing field of the “politics of memory,” and especially the concept of the “memory entrepreneur.” The book project itself is entrepreneurial, if you will, in its cultivating, connecting, and building from different disciplines, academic languages, and national narratives (in that the “politics of memory” is already such an international and interdisciplinary field itself).

Roger Taney, Memory Entrepreneur, Anne Twitty

Texas A&M Law Review

Roger Taney’s infamous “opinion of the court” in Dred Scott v. Sandford (1857), which rejected the possibility that Black Americans could ever be citizens of the United States, was rooted in the authority of the past.

But Taney’s account of that past has been a source of criticism ever since the decision was rendered.

To be sure, there was plenty to complain about. Many, though certainly not all, have taken issue with Taney’s narrative of the making of the United States Constitution and its attendant meaning, critiquing both Taney’s understanding of the Union and his insistence that the Constitution was, …

Memory And Authority Of Failed Constitutional Amendments, Julie C. Suk

Texas A&M Law Review

When the original public meaning of any constitutional provision is enforced, guarantees of rights that were adopted before women were included in legal rights may appear illegitimate and inadequate for a 21st-century democracy. Originalists have long pointed to Article V amendment as the legitimate path to changing the Constitution. Jack Balkin’s Memory and Authority points to the importance of expanding American constitutional memory if women and minorities are to be included in the transhistorical “We the People.” This Essay illustrates how the memory and authority of failed constitutional amendments can challenge originalists’ reliance on amendment as the path to democratically …

Balkin Amid Balkanization: Constitutional Construction, The Uses Of History, And Interpretive Discretion In A Divided Country, Neil S. Siegel

Texas A&M Law Review

Professor Jack Balkin’s Memory and Authority is a good book by a great constitutional theorist, but it gives me some pause. Balkin’s account of legitimate constitutional construction is so capacious and seemingly accepting of a results orientation that it may be difficult to discern when someone is doing it wrong. Balkin repeatedly implies that more is better, both regarding the number of modalities of constitutional interpretation and the kinds of history that are relevant to making constitutional arguments. Moreover, he repeatedly declares that “history is a resource and not a command.” But modality creep may make it more challenging for …

Algorithmic Management At Work: Collective Rights And Eu Regulatory Responses, Mariapaola Aimo, Laura Tebano

Comparative Labor Law & Policy Journal

This article provides a comprehensive analysis of the evolving European regulatory framework concerning Artificial Intelligence and Algorithmic Management in the workplace, focusing on the protection of workers’ collective rights. It first examines the Artificial Intelligence Act, arguing that its product-oriented and risk-based approach inadequately addresses workplace power imbalances. Although employment-related AI is classified as “high risk,” the Artificial Intelligence Act merely grants workers’ representatives a right to information, without ensuring consultation, and reveals a democratic deficit in the implementation phase, where technical standards are shaped by private interests. We then argue that traditional information-and-consultation mechanisms offer limited protection and are …

Historical Methods Of Constitutional Interpretation And Political Gradations, Nelson Tebbe

Texas A&M Law Review

In this symposium Essay, I explore the hypothesis that as constitutional politics have become more assertive, historical methods of interpretation have become more prominent. In other words, the claim I would like to test is that the intensification of constitutional politics and the prominence of historical argument are correlated. Moreover, the relationship between the two appears to be linear. As arguments become bolder, they are more likely to deploy history as a method of interpretation. That proposition may seem counterintuitive, and it is intriguing.

Hermeneutics In History, John Fabian Witt

Texas A&M Law Review

Lawyers sometimes ask about the place of history in legal or constitutional interpretation. Historians typically ask a different question. The historians’ inquiry is more often about the place of a phenomenon, like interpretation in history, not vice versa. Constitutional interpretation is itself a historical practice, with particular, changing, and contingent political structures. It is driven by relatively autonomous forces such as war, natural disaster, social mobilizations, migrations and exclusions, economic transformations, and more, all of which shape and condition lawyers’ interpretive projects. If we put interpretation in history, rather than the other way around, then interpretation and (by extension) constitutional …

Why Constitutional Argument Matters, Philip Bobbitt

Texas A&M Law Review

The program for this symposium promised that I would be discussing the “descriptive grammar of constitutional law.” To put my purpose less benignly, I should say that I mean to attack the practice of limiting what I will call “modal analysis” to its descriptive virtues. Part of that attack will be the claim that courts and their commentators should pay closer attention to the modal requirements of the fundamental forms of constitutional discourse, but not because straying from this is a kind of grammatical faux pas. After all, if the system I have urged for constitutional analysis—the system of …

Preserving Cultural Memory And Identity Of Eviction Through Digital Archives: A Case Study Of @Tamansarimelawan Instagram Account, Zulfi Al Hakim, Himawan Pratama, Mochamad Aviandy

International Review of Humanities Studies

This study examines how the Instagram account @tamansarimelawan plays a significant role in preserving collective memory and the identity of marginalized groups through digital archives. In the context of the Taman Sari urban village community, which resisted land eviction for the construction of row houses in Bandung, this research explores how Instagram as a social media platform contributes to the formation and maintenance of collective memory and community identity. Using content analysis of the @tamansarimelawan account, the study investigates the mechanisms through which social media functions as a digital repository, a medium for fostering a sense of belonging and continuity, …

Public Perception Of Pedestrian Space In Industrial Zones: A Case Study Of The Pulogadung Industrial Zone, Herlina Merinda, Hayati Sari Hasibuan, Sri Setiawati Tumuyu

International Review of Humanities Studies

Addressing the difficulties of sustainable development, the Jakarta Industrial Estate Pulogadung encounters the challenge of becoming more inclusive in constructing infrastructure for walkers by creating paths that are friendly for pedestrians As walking serves as an important sustainable and healthful means of transport, having pedestrian pathways can enhance how the public views pedestrian accessibility in their workplace. This, in turn, can promote the use of more eco-friendly public transport options. This research aims to explore how the public views pedestrians in industrial zones, with the goal of promoting spaces that are friendly to walkers. The study utilized a quantitative method …

The Bankruptcy Judge And The Generalist Tradition, Alexander Gouzoules

BYU Law Review

The prevailing academic consensus is that bankruptcy judges are specialists presiding over specialized courts. This Article contends that this description is incomplete and, in some respects, inaccurate. Drawing on scholarly models of judicial specialization and historical surveys of the field, this Article contends that bankruptcy judges reflect a hybrid design choice: procedural specialization combined with substantive generalism. This model delivers many of the observed benefits of judicial specialization (including efficiency and technical competence) while preserving the cross-pollination of ideas and other benefits associated with the generalist tradition of American judging.

This Article also reflects on contemporary developments—most notably the rise …

Adaptation Processes In Cross - Cultural Communication Within Chinese - Indonesian Workplace Settings: An Analysis Of The Tiktok Series "Day 1 Kerja Sama Orang China. ", Shi Jie, Amelia Burhan

International Review of Humanities Studies

In the background ofChina's deepening economic engagement with Indonesia under the Belt and Road Initiative, increasing numbers of Chinese workers have entered Indonesian industrial zones, creating a workplace environment characterized by intensive cross-cultural interaction. While previous studies on cross-cultural adaptation have primarily emphasized macro-level cultural barriers and language difficulties, this research shifts attention to the micro-level communicative practices through which cultural adaptation is negotiated in everyday collaboration. Drawing on Howard Giles' Communication Accommodation Theory (CAT), this study conducts a qualitative analysis of TikTok videos depicting workplace interactions between Chinese and Indonesian workers particularly those labeled "Day 1 kerja sama orang …

Reinterpreting The Kutika Manuscript: A Buginese Ethnoecological Perspective, Rahmatia Ayu Widyaningrum, Priscila Fitriasih Limbong, Titik Pudjiastuti, Mamlahatun -. Buduroh -

International Review of Humanities Studies

This article offers a reinterpretation of the Kutika manuscript from a Buginese ethnoecological perspective. Departing from a philological study of the Lontara’ Kutika text in the National Library of Indonesia (PNRI) collection (code VT 129), this research examines how Buginese communities articulate their interaction with nature through this manuscript. The Kutika text has generally been understood merely as a book of time calculation, yet its background is imbued with philosophical values that show how the Buginese talk to nature, read signs, and treat nature as an equal element rather than a mere object. Using the framework of human ecology, this …

Sakdiyah Ma’Ruf’S Stand-Up Comedy: Humor And Social Critique In The Digital Age, Fitrizal Rahmadhian, Shuri Mariasih Gietty Tambunan

International Review of Humanities Studies

Stand-up comedy can challenge dominant discourses and dismantle stereotypes. This research focuses on an Indonesian female stand-up comedian, Sakdiyah Ma’ruf. Using textual analysis, the study investigates recorded performances available on YouTube between 2014 and 2025. Sakdiyah addresses critical social issues, including religious fundamentalism, terrorism, sexism, and gender-based violence. The study explores how she constructs her comedic persona through narratives of personal identity and social critique, and how she employs humor to negotiate sensitive topics while remaining acceptable to diverse audiences. Findings reveal that her themes remain consistent across performances, while her humor strategies, including structured narratives, deliberate word choices, and …

The Role Of Mass Media In Reportig Natural Disastersn: A Multimodal Critical Discourse Analysis Of Gunther-Kress Photojournalism Of The Great Eastern Japan Disaster In The Yomiuri Shinbun Daily 11-13 March 2011, Moh Gandhi Amanullah, Faruk Faruk, Budi Irawanto

International Review of Humanities Studies

This article examines the role of the Japanese newspaper Yomiuri Shinbun in covering the great East Japan disaster on March 11-13, 2011. This study uses a quantitative and qualitative approach, with content analysis methods and Gunther-Kress multimodal critical discourse analysis methods on 98 photos published by the newspaper. The results show that the newspaper published a special edition twice, with photos that did not show photos of the deceased victims, creating a distance between the reader and the subject. Most of the photos were taken from a distance, indicating a lack of interaction and showing that the victims did not …

Between Stigma And Survival: Life Narratives Of Vietnamese Brides In China, Weikang Pu, Mina Elfira

International Review of Humanities Studies

The phenomenon of cross-border marriages between Vietnamese women and Chinese men is often reduced by mainstream media to simplified stereotypes—depicting them as victims of human trafficking, impoverished women seeking economic escape, or submissive "imported brides." Such depictions obscure the everyday realities through which these women confront and negotiate social stigma in a foreign socio-cultural environment. Drawing on narrative interviews with ten Vietnamese brides living in different regions of China, this study examines how stigma is experienced and negotiated through everyday survival strategies. Using a qualitative narrative approach, this research explores how participants respond to stigma through practices such as economic …

Right-Wing French Media Coverage Of The Rassemblement National’S 2027 Presidential Candidates, Amelinda Sundari, Myrna Laksman-Huntley

International Review of Humanities Studies

The 2027 French presidential election has become a contest over political legitimacy, and the media play a key role in shaping candidates’ images. Within the right-wing camp, Rassemblement National (RN) presents two potential figures, Marine Le Pen and Jordan Bardella. Le Pen faces legal threats that could prevent her candidacy, while Bardella is projected as a successor to represent RN in the contest. Drawing on framing theory Pan & Kosicki (1993) and Critical Discourse Analysis Fairclough (1995), this qualitative study investigates right-wing French media preferences between these two candidates. The analysis examines three articles each from Le Figaro and Le …

Visual And Linguistic Representations And Cultural Meanings Of Bali In Rednote Videos By Bi Lu Si Bruce (2025), Yang Yang, Mina Elfira

International Review of Humanities Studies

This study examines the media presentation of Bali on the Rednote platform, and explores how content creators can build Bali into an idealized tropical lifestyle space. The research selects four videos related to Bali produced by Rednote content creator Bi Lu Si Bruce (Hong Kong House Tour Original as the object of analysis, and uses qualitative research methods combined with semiotic analysis to investigate Cultural symbols conveyed in video visual images and language narratives. The research draws on Hall’s (1997) Cultural Representation theory, Urry’s (1990) Tourist Gaze theory, MacCannell’s (1976) Staged Authenticity theory, and Lefebvre’s (1991) theory of the production …

French-Indonesian Speech Sound Interference In Quality Comparison Of Otter And Descript’S Automatic Transcription, Muhamad Raihan Maulana Putra Mulya, Myrna Laksman-Huntley

International Review of Humanities Studies

Since COVID-19, Zoom has become the primary distance communication platform integrated with automatic transcription tools such as Otter and Descript. However, meetings involving non-native French speakers can generate sound interference that reduces transcription accuracy. This study compares the automatic French transcription quality of both tools in corporate online meetings affected by interference from native Indonesian speakers. The data consists of online meeting recordings of Indonesian speakers in French based on the textbook, Affaires.com. The analysis applies Weinreich’s (2010) interference theory, Le Querler’s (1994) word class theory, Word Error Rate, and Tholly et al.’s (2025) severity levels of automatic French transcription …

The Archaeology Of Alienation: Representation Of Death For The Mentally Illness In Lawang, Malang, Aninda Diandra Rahmadewi, Irmawati Marwoto Imj

International Review of Humanities Studies

Alienation as a novelty in archaeological research which in this study aims to explain how mentally illness patients are buried at Lawang Mental Hospital as an alienation and how the representation of the graves of patients with mentally illness. Alienation is a form of experience by individuals who are marginalized from society, one of which is people with mentally illness. Alienation in mentally illness does not only occur during their lifetime, but continues until they die. Lawang Mental Hospital, built in 1884, is the only mental hospital that has a special cemetery for mentally illness patients. The method used focuses …

Sahel Region In French Postcolonial Discourse: Macron's Production Of Space And Security Rhetoric, Azzahrah F. A Putri, Abellia Anggi Wardani Dr.

International Review of Humanities Studies

Between the Sahara Desert and the Sudanese Savannah, the Sahel region has become a contested geopolitical space. This study analyses how France is reconstructing its hegemony following its military withdrawal through the rhetoric of Emmanuel Macron (2021 and 2025). Using Critical Discourse Analysis (Fairclough, 1995) and the theory of spatial production (Lefebvre, 1974), this study examines how the discourses of “partnership” and “security” are employed to maintain French influence. Qualitative methods were applied to Macron's speeches, French media, and statements by former presidents of Sahel countries. The results show that France is redefining the Sahel as a ‘crisis zone’ requiring …

The Mediating Role Of Trust: How Cultural Factors Shape Consumer Acceptance Of Chinese Electric Vehicles In Jakarta, Indonesia, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the mediating role of consumer trust in the relationship between cultural factors and the purchase intention of Chinese Electric Vehicles (EVs) in Jakarta, Indonesia. While global EV adoption is often analyzed through techno-economic lenses, this research addresses a critical gap by investigating the under-explored socio-cultural dimensions that shape consumer behavior in emerging markets. Framed by an integrated theoretical approach combining Hofstede’s Cultural Dimensions, the Technology Acceptance Model (TAM), and Reception Theory, the study explores how local cultural values such as collectivism, uncertainty avoidance, and social status filter the acceptance of Chinese EV technology. A qualitative case study …

From The “Paris Of The East” To Modern Phnom Penh: Colonial Legacies In Cambodian Urban Planning, Jin Ke, Ade Solihat

International Review of Humanities Studies

Phnom Penh was once known as the “Paris of the East,” serving as a major urban center in Indochina during the French colonial period. Colonial authorities shaped the city through functional zoning, planned street networks, and European-style architecture, all of which reflected hierarchies of power embedded in urban space. Despite the extensive destruction caused by the Khmer Rouge regime and subsequent postwar reconstruction, traces of colonial urban planning and architectural heritage remain clearly visible in the contemporary development of Phnom Penh. This study adopts a literature-based approach combined with historical analysis, spatial analysis, and architectural case studies to examine how …

Gotong Royong As Political Praxis: Collective Responsibility And Democratic Action, Donny Gahral Adian

International Review of Humanities Studies

This research explores gotong royong, an indigenous Indonesian concept of mutual cooperation, as an alternative political culture in the face of liberal individualism and capitalist competition. Drawing from the philosophical legacy of Soekarno, Indonesia’s founding president, the research situates gotong royong not merely as a traditional value, but as a dynamic political principle grounded in tolerance, solidarity, and social justice. Soekarno’s vision of democracy transcends procedural liberalism by emphasizing equal capabilities, not just equal opportunities, thereby addressing the structural and cultural barriers that hinder political participation for marginalized citizens. Through a comparative lens, the article juxtaposes the atomizing effects …

The Use Of The Term Ukhti On Social Media Platform X In Indonesia, Indah Putri Sobada, Wiwin Triwinarti

International Review of Humanities Studies

This study traces the semantic transformation of the lexicon ukhti within Indonesia’s digital landscape. The term ukhti ( أُ خْ تِي ), derived from Arabic and meaning “my sister,” was initially used as a form of biological kinship address, later evolving into a fictional kinship address. However, in its current usage, the term increasingly conveys exclusivity and produces stereotypical perceptions of Muslim women. This study focuses on the use of ukhti on Indonesia's Social Media Platform X, examining how its meaning has become more specific and how this shift affects the representation of diverse Muslim female identities. Therefore, this study …

Korean Dramas As A Catalyst For South Korean Cultural Diplomacy: A Dacade Of Influence In Indonesia (2015-2025), Imelda Sari, Filia Filia Dr., Rostineu -- Rostineu

International Review of Humanities Studies

This research explores the role of Korean dramas (K- dramas) as a catalyst for South Korea’s cultural diplomacy in Indonesia over the decade 2015–2025, emphasizing how major drama releases contribute to strengthening soft- power influence. In early March 2024, Netflix premiered the Korean drama “Queen of Tears,” which quickly rose to the top of the Non- English Global TOP 10 list for the week of March 25–31, recording 93.8 million viewing hours. The drama reached top- 10 rankings in 68 countries, including the United States, Canada, Japan, Australia, and India. This global achievement represents the culmination of a decade- long …

Discourse And Ideological Strategies In Presidential Campaign Speeches Of Mr Peter Obi, Richard Oliseyenum Oliseyenum Maledo, Rita Ejiro Enisire

International Review of Humanities Studies

Studies on political speeches in Nigeria have focused essentially on the speeches of political office inaugural speeches and speeches of political office holders, while not much appears to be done on the speeches of candidates who did not succeed in the election. Thus, this study undertakes a critical analysis of discourse and ideological strategies in the presidential campaign speeches of Mr Peter Obi, the presidential candidate of the Labour Party, in the 2023 presidential election in Nigeria. Mr Peter Obi's speech in Akwa Ibom State is purposively selected as our data for this study, and Van Dijk’s socio-cognitive approach to …

A "Simple" Second Look: The Argument For Mandatory Judicial Recusal In Pennsylvania Post Conviction Hearings, Taylor Banks

Criminal Law Society Blog

The Due Process Clause guarantees criminal defendants an impartial adjudicator, yet post-conviction proceedings often escape meaningful judicial recusal. In Pennsylvania, the same judge who presided over a criminal trial commonly adjudicates that defendant’s post-conviction review, even when prior rulings are challenged. This Article argues that such self-review creates an objectively intolerable risk of bias, undermining due process and public confidence in the judiciary. Drawing on Supreme Court precedent and psychological research on confirmation bias, the Article demonstrates that existing recusal standards fail to address structural risks in post-conviction adjudication. It proposes legislative reform mandating judicial recusal when a judge previously …