Digital Commons Network^™

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

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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 …

An Investigation Into The Food Related Traditions Associated With The Christmas Period In Rural Ireland, Stephanie Byrne, Kathleen Farrell

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The interdisciplinary nature of food studies lends itself to the study of food through many avenues, most notably in this research, through folklore and the oral history transcripts of the Schools’ Collection made by the Irish Folklore Commission in 1937–1938. Folklore can give us an insight into sometimes overlooked features of society and how people’s lives can be studied and highlighted through their relationship with food. The Christmas period was an extremely important time in Irish tradition, and food was a main aspect of that celebration. This paper, therefore, at first delves into the literature surrounding Christmas, folklore, and food; …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

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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 …

Discerning A Dignitary Offense: The Concept Of Equal 'Public Rights' During Reconstruction, Rebecca J. Scott

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The mountain of modern interpretation to which the language of the Fourteenth Amendment of the United States Constitution has been subjected tends to overshadow the multiple concepts of antidiscrimination that were actually circulating at the time of its drafting. Moreover, as authors on race and law have pointed out, Congress itself lacked any African American representatives during the 1866–68 moment of transitional justice. The subsequent development of a “state action doctrine” limiting the reach of federal civil rights enforcement, in turn, eclipsed important contemporary understandings of the harms that Reconstruction-era initiatives sought to combat. In contrast to the oblique language …

Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman

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This Article, prepared for a Georgetown Law Journal symposium on the Nineteenth Amendment’s one-hundred-year anniversary, explores and defends a “thick” conception of the Nineteenth Amendment right to vote and Congress’s power to enforce it. A “thin” conception of the Nineteenth Amendment maintains that the Amendment merely prohibits states from enacting laws that prohibit women from voting once the state decides to hold an election. And a “thin” conception of Congress’s power to enforce the Nineteenth Amendment maintains that Congress may only supply remedies for official acts that violate the Amendment’s substantive guarantees. This Article argues the Nineteenth Amendment does more. …

Jewish Time Jump: New York, Owen Gottlieb

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Jewish Time Jump: New York (Gottlieb & Ash, 2013) is a place-based mobile augmented reality game and simulation that takes the form of a situated documentary. Players take on the role of time traveling reporters tracking down a story “lost to time” to bring back to their editor at the Jewish Time Jump Gazette. The game is played in Washington Square Park in Greenwich Village, New York City. Players’ iPhones become their time traveling device and companion. Based on the player’s GPS location, players receive digital images from their location from over a hundred years in the past as well …

Reckless Juveniles, Kimberly Thomas

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Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …

An American Approach To Social Democracy: The Forgotten Promise Of The Fair Labor Standards Act, Kate Andrias

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There is a growing consensus among scholars and public policy experts that fundamental labor law reform is necessary in order to reduce the nation’s growing wealth gap. According to conventional wisdom, however, a social democratic approach to labor relations is uniquely un-American—in deep conflict with our traditions and our governing legal regime. This Article calls into question that conventional account. It details a largely forgotten moment in American history: when the early Fair Labor Standards Act (FLSA) established industry committees of unions, business associations, and the public to set wages on an industry-by-industry basis. Alongside the National Labor Relations Act, …

Your Iphone Cannot Escape History, And Neither Can You: Self-Reflexive Design For A Mobile History Learning Game, Owen Gottlieb

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This chapter focuses on the design approach used in the self-reflexive finale of the mobile augmented reality history game Jewish Time Jump: New York. In the finale, the iOS device itself and the player using it are implicated in the historical moment and theme of the game. The author-designer-researcher drew from self-reflexive traditions in theater, cinema, and nonmobile games to craft the reveal of the connection between the mobile device and the history that the learners were studying. Through centering on this particular design element, the author demonstrates how self-reflexivity can be deployed in a mobile learning experience to …

Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder

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No abstract provided.

Time Travel, Labour History, And The Null Curriculum: New Design Knowledge For Mobile Augmented Reality History Games, Owen Gottlieb

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This paper presents a case study drawn from design-based research (DBR) on a mobile, place-based augmented reality history game. Using DBR methods, the game was developed by the author as a history learning intervention for fifth to seventh graders. The game is built upon historical narratives of disenfranchised populations that are seldom taught, those typically relegated to the 'null curriculum'. These narratives include the stories of women immigrant labour leaders in the early twentieth century, more than a decade before suffrage. The project understands the purpose of history education as the preparation of informed citizens. In paying particular attention to …

Design-Based Research Mobile Gaming For Learning Jewish History, Tikkun Olam, And Civics, Owen Gottlieb

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How can Design-Based Research (DBR) be used in the study of video games, religious literacy, and learning? DBR uses a variety of pragmatically selected mixed methods approaches to design learning interventions. Researchers, working with educators and learners, design and co-design learning artifacts and environments. They analyze those artifacts and environments as they are used by educators and learners, and then iterate based on mixed methods data analysis. DBR is suited for any "rich contextualized setting in which people have agency." (Hoadley 2013) such as formal or informal learning environments.

The case covered in this chapter is a mobile Augmented Reality …

The Science Of Christmas: Dinner Table, Máirtín Mac Con Iomaire

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This article discusses the science of preservation behind two famous Irish and English Christmas foods, Christmas Pudding and Mince Pies.

Aviation’S Heartland: The Flying Farmers And Postwar Flight, Peter Simons

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In 1944 the National Flying Farmers organized at Stillwater, Oklahoma. The organization took advantage of aviation's wartime growth to promote flight as an integral part of agricultural life that would modernize production, break down social barriers, and give farmers greater access to markets. It also built on aviation's roots in the agricultural landscapes of the Midwest and Great Plains as well as the strategic role these spaces would come to play in the Cold War. In addition to giving farmers greater control over their land and work, flight was more broadly imagined to connect the agricultural heartland with consumers abroad, …

The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green

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Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …

Reflections On Freedom And Criminal Responsibility In Late Twentieth Century American Legal Thought, Thomas A. Green, Merrill Catharine Hodnefield

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It is now a commonplace among historians that American criminal jurisprudence underwent a dramatic change something like two-thirds to three-quarters into the last century. Roughly, this development is understood as a shift (or drift) from a more-or-less pure consequentialism to a "mixed theory" wherein retributivism played a major-at times, dominant-role. As the new paradigm remains intact, now approaching a half-century, the development qualifies as a significant historical fact. The fact applies not only to the history of justification for punishment but also to conceptions of the underlying principle of (basis for) responsibility. The two are rightly distinguished: for many scholars …

Case Study Two: Jewish Time Jump: New York, Owen Gottlieb

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Gottlieb presents an early case study of his mobile augmented reality game Jewish Time Jump: New York design on the ARIS platform for the iPhone and iPad (iOS). The game is set on-location in Washington Square Park in New York city. Players in 5th-7th grade take on the role of time-traveling reporters, landing on site on the eve of the Uprising of 20,000, the largest women-led strike in U.S. History. Based on their GPS location they receive media from over 100 years in the past, interactive with digital characters as they work to gather a story for the fictional Jewish …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

Corporate Taxation And Corporate Social Responsibility, Reuven S. Avi-Yonah

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This Article will address the question of whether publicly traded U.S. corporations owe a duty to their shareholders to minimize their corporate tax burden through any legal means, or if instead, strategic behaviors like aggressive tax-motivated transactions are inconsistent with corporate social responsibility (“CSR”). I believe the latter holds true, regardless of one’s view of the corporation. Under the “artificial entity” view, such behavior undermines the constitutive relationship between the corporation and the state. Under the “real view,” such behavior runs contrary to the normal obligation of citizens to comply with the law (even absent effective enforcement). And under the …

Feeling Another's Pain: Sympathy And Psychology Saga Style, William I. Miller

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Progress is hardly a given in the humanities or the suspect sciences. In many ways we are not quite as astute as our grandparents, and they not as much as theirs, and so forth in an infinite entropic regress. Would I trade Montaigne or Stendhal’s psychological acumen for even the best work that comes from social psychology departments? In this short essay I want to show just how good some medieval people, medieval Icelanders to be exact, were at understanding the mental and emotional states of others, and if of others then presumably, though not necessarily, also of themselves. And …

How Foreign Firms Transformed Ireland’S Domestic Economy, Paul Donnelly

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Today, Ireland is host to 1,033 multinational corporations. They directly employ 152,785 and account for 70 per cent or €122.5bn of exports. It’s a story that has its roots in the 1940s.

Public Dining In Dublin: The History And Evolution Of Gastronomy And Commercial Dining 1700-1900, Máirtín Mac Con Iomaire

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Purpose: This paper provides an overview of the changing food culture ofIreland focusing particularly on the evolution of commercial public dining inDublin 1700-1900, from taverns, coffeehouses and clubs to the proliferation of hotels and restaurants particularly during the latter half of the nineteenth century.

Methods: Using a historical research approach, the paper draws principally on documentary and archival sources, but also uses material culture. Data is analysed using a combination of hermeneutics (Denzin and Lincoln, 2000, O'Gorman, 2010) and textual analysis (Howell and Prevenier, 2001).

Findings: The paper traces the various locations of public dining inDublin 1700-1900 and reveals thatDublin …

Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus

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Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only …

Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, Rebecca J. Scott

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In the summer of 1809 a flotilla of boats arrived in New Orleans carrying more than 9,000 Saint-Domingue refugees recently expelled from the Spanish colony of Cuba. These migrants nearly doubled the population of New Orleans, renewing its Francophone character and populating the neighborhoods of the Vieux Carre and Faubourg Marigny. At the heart of the story of their disembarkation, however, is a legal puzzle. Historians generally tell us that the arriving refugees numbered 2,731 whites, 3,102 free people of color, and 3,226 slaves. But slavery had been abolished in Saint-Domingue by decree in 1793, and abolition had been ratified …

Readers' Copyright, Jessica D. Litman

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My goal in this project is to reclaim copyright for readers (and listeners, viewers, and other members of the audience). I think, and will try to persuade you, that the gradual and relatively recent disappearance of readers’ interests from the core of copyright’s perceived goals has unbalanced the copyright system. It may have prompted, at least in part, the scholarly critique of copyright that has fueled copyright lawyers’ impression that “so many in academia side with the pirates.” It may also be responsible for much of the deterioration in public support for copyright. I argue here that copyright seems out …

Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger

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Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

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No abstract provided.

She...Refuses To Deliver Up Herself As The Slave Of Your Petitioner': Émigrés, Enslavement, And The 1808 Louisiana Digest Of The Civil Laws (Symposium On The Bicentennial Of The Digest Of 1808--Collected Papers), Rebecca J. Scott

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Philosophically and juridically, the construct of a slave-a "person with a price"--contains multiple ambiguities. Placing the category of slave among the distinctions of persons "established by law," the 1808 Digest of the Civil Laws Now in Force in the Termtoiy of Orleans recognized that "slave" is not a natural category, inhering in human beings. It is an agreement among other human beings to treat one of their fellows as property. But the Digest did not specify how such a property right came into existence in a given instance. The definition of a slave was simply ostensive, pointing toward rather than …

Reviewing Digital Scholarship: The Need For Discipline-Based Peer Review, Jeanne Glaubitz Cross

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Digital scholarship connects scholarly research to students and the public in nontraditional ways. Authors present research in a digital form, which may include links to primary source material and teaching guides. In this format, design and accessibility are important, and unfortunately, those quick to dismiss all digital work as teaching or outreach can overlook the research element. The confusion over what digital scholarship is and how to evaluate it raises questions that can affect promotion and tenure decisions in academic institutions. This paper will examine issues surrounding the availability of peer review for digital scholarship, especially in the field of …

The Meaning Of Race In The Dna Era: Science, History And The Law, Christian Sundquist

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The meaning of “race” has changed dramatically over time. Early theories of race assigned social, intellectual, moral and physical values to perceived physical differences among groups of people. The perception that race should be defined in terms of genetic and biologic difference fueled the “race science” of the Eighteenth and Nineteenth centuries, during which time geneticists, physiognomists, eugenicists, anthropologists and others purported to find scientific justification for denying equal treatment to non-white persons. Nazi Germany applied these understandings of race in a manner which shocked the world, and following World War II the concept of race increasingly came to be …