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Avant-Garde Or Pré-Jugé?, Sinead Murphy

Contemporary Aesthetics (Journal Archive)

This paper receives its impetus from Gadamer's account of effective history (Wirkungsgeschichte) and his corresponding challenge to the 'problem of purity' that he locates in Kant's critique of aesthetic judgment and that derives from the attempt to establish universal founding principles for thought and action. This is a deep and wide-ranging issue, and so I focus on a very specific aspect of it: the division between intuition and understanding, between history as a given flux and enlightenment as a unifying synthesis, that motivates Kant's search for pure reflective grounds to reconcile them, and on the challenge posed to this division …

The Aesthetic Dissonance Of Industrial Wind Machines, Jon Boone

Contemporary Aesthetics (Journal Archive)

Yuriko Saito recently published an essay in this journal, "Machines in the Ocean: The Aesthetics of Wind Farms" (Contemporary Aesthetics, 2 (2004)). The bulk of her essay is a search for the right aesthetic justification for wind plants sited in the ocean as well as for those onshore. Because wind power does not emit toxins into the air and its source of energy is recurrent, it offers the promise of a clean, renewable alternative to fossil fuels. The central problem with harnessing any form of energy is that enormous energies are wasted in the process of producing and channeling a …

Immersive Contemplation In Video Art Environments, Tiffany Sutton

Contemporary Aesthetics (Journal Archive)

This essay examines a form of video art -- what is called a "video environment" -- that calls upon as much as it departs from familiar conventions that are bound up in museum display. I argue that the way that works in this genre are housed in museums enables them to give rise to a form of contemplation, one involving immersion, that is, if not unique to this genre, then certainly demonstrated by it. My examples of video environments make a case for the coherence of this rarely experienced immersive form of contemplation, the value of which, in turn, makes …

Carrying The Jade Tablet: A Consideration Of Confucian Artistry, Eric C. Mullis

Contemporary Aesthetics (Journal Archive)

In this paper I discuss the aesthetic dimension of ritual action. In order to demonstrate how the rites render action aesthetically expressive, I draw on the notion of an "art of context" and further detail the Confucian understanding of artistic practice as an essential component for moral cultivation. In turn, I use John Dewey's account of aesthetic form in order to support and further demonstrate the ability of the rituals and arts to organize action and to thereby render it aesthetically significant. However, Dewey's account entails that we question either conceptual or institutional limitations of aesthetic form as such limitations …

Production Theories And Artistic Value, David E.W. Fenner

Contemporary Aesthetics (Journal Archive)

In this paper, I want to argue that what I call "production theories" - theories that purport to account for the value of a work of art instrumentally and in terms of something experienced by audience members in attending to the work - are insufficient to account for artistic value. The production theories I will discuss include those of Monroe Beardsley, Nelson Goodman, Leo Tolstoy (for lack of a more current pure affective theory), and Alan Goldman (whose account may be seen as an amalgam of the first three). The first three of these theorists represent the most popular and …

The Eye And The Hand: Professional Sensitivity And The Idea Of An Aesthetics Of Work On The Land, Justin Winkler

Contemporary Aesthetics (Journal Archive)

Academic aesthetics is guided by the visual and notions of distance. In this article I want to study how an aesthetics of work, of process and proximity, could function. I am asking why the peasant population has been always been supposed not to have an aesthetic appreciation of their land. I contend that they had some kind of appreciation, but that this was conceived expressed in terms fundamentally different from the academic and pictorial landscape aesthetics. With the term 'professional' sensitivity and examples from the Swiss Alps and Southern France, I discuss the question of how an archaeology of an …

'Man Has Always Danced': Forays Into The Origins Of An Art Largely Forgotten By Philosophers, Maxine Sheets-Johnstone

Contemporary Aesthetics (Journal Archive)

Philosophers have had comparatively little to say of the art of dance, a surprising fact given the range of people both inside and outside of dance who have claimed that 'man has always danced.' This essay attempts to substantiate this claim by an inquiry into the origins of dance, its focal attention being on the word always and any linkage to males deriving from that focal point of attention. It begins with evolutionary considerations in the form of courtship displays, behaviors finely and extensively described by Darwin, and goes on to consider displays by chimpanzees in particular. These considerations point …

The Correlation Between Internal & External Markers For Abdominal Tumors: Implications For Respiratory Gating, David P. Gierga, Johanna Brewer, Gregory C. Sharp, Margrit Betke, Christopher G. Willett, George T.Y. Chen

Computer Science: Faculty Publications

Purpose: The correlation of the respiratory motion of external patient markers and abdominal tumors was examined. Data of this type are important for image-guided therapy techniques, such as respiratory gating, that monitor the movement of external fiducials.

Methods and Materials: Fluoroscopy sessions for 4 patients with internal, radiopaque tumor fiducial clips were analyzed by computer vision techniques. The motion of the internal clips and the external markers placed on the patient’s abdominal skin surface were quantified and correlated.

Results: In general, the motion of the tumor and external markers were well correlated. The maximum amount of peak-to-peak craniocaudal tumor motion …

Collaborating In Care: Developing A Model Of Dialogic Empathy In Nursing Education, Kimberlee Jean Trudeau

Dissertations, Theses, and Capstone Projects

The goal of this exploratory study was to teach nursing students to perceive empathy as a dialogic process versus as a personal characteristic through narrative reflection. This required the development of a dialogic empathy model for nursing education; that is, a model that presents empathy as a reciprocal process shared by the nurse and client within their interactions. Given the increasing cultural diversity between providers and clients in stressful medical situations, awareness of the interaction of the characteristics of oneself and another (i.e., dialogism) could potentially enhance both the efficacy and experience of care.

This study included (a) narrative reflection …

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Faculty Scholarship

The variation and complexity of national data privacy rules pose significant challenges for international data flows. Data protection laws range from ad hoc narrow legal rights, like those found in the United States, to comprehensive fair information practice statutes like those found in Europe. Because data processing frequently occurs across national borders, multiple data protection laws might apply simultaneously to international data flows. At the same time, data protection regimes may prohibit the circumvention of national standards by processing personal information at a foreign site. Global information processing thus presents a data controller with important burdens and obstacles related to …

Good Faith Business Judgment: A Theory Of Rhetoric In Corporate Law Jurisprudence, Sean J. Griffith

Faculty Scholarship

This Article develops a theory of rhetoric in corporate law jurisprudence. It begins by examining a recent innovation in Delaware case law: the emerging principle of “good faith.” Good faith is an old notion in law generally, but it offers to bring significant change to corporate law, including realignment of the business judgment rule and a shift in the traditional balance between the authority of boards and the accountability of boards to courts. This Article argues, however, that good faith functions as a rhetorical device rather than a substantive standard. That is, it operates as a speech act, a performance, …

On Collaboration, Organizations, And Conciliation In The General Theory Of Contract, Ethan J. Leib

Faculty Scholarship

Daniel Markovits's Contract and Collaboration is a thought-provoking and ground-breaking inquiry into the ethics of contract. It argues that the philosophical foundation of contract may be found in what Markovits calls the collaborative view: a principle of forming respectful communities of collaboration where contractors treat each other as ends in themselves and refrain from treating each other as mere instrumentalities. Markovits acknowledges that there are three prototypical forms of contracts: (1) person-to-person; (2) person-to-organization; and (3) organization-to-organization. He is refreshingly honest in arguing that his theory of contract only addresses Type (1) contracts. I wish to argue here that this …

Frankl, Bettelheim, And The Camps, Amy Louise Adamczyk

Publications and Research

Immediately after the Holocaust a number of researchers wrote about and developed theories on how inmates' personalities changed because of time spent within Nazi concentration camps. The camps offered an unfortunate setting to understand socialization within total institutions. Some of the most important contributions to that literature have come from Victor Frankl and Bruno Bettelheim. They wrote about their experiences of imprisonment and presented markedly different accounts on what happened to prisoners' personalities. Although literature on the Holocaust is still prevalent, even as survivors have aged, less attention has been given to how the camps influenced inmates' personalities. Nevertheless, many …

Paper Versus Electronic Sources For Law Review Cite Checking: Should Paper Be The Gold Standard?, April Schwartz, Mary Rumsey

Scholarly Works

Despite law students' reliance on electronic sources for legal research, a survey confirmed that many journals make their staff members check authors' citations against paper sources. Rumsey and Schwartz argue that the advent of image-based document collections should change this practice, making life easier for law students and law school librarians.

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Scholarly Works

Many sophisticated and experienced litigators realize that mediation calls for a different approach, but they still muddle through the mediation sessions. They are learning on the job. Even though many attorneys prefer a problem-solving approach to negotiations, attorneys are still in the early stages of figuring out how to do it in mediations. Many attorneys went to law school before courses on dispute resolution were offered, and the dispute resolution courses that have emerged in law schools over the last twenty-five years have been largely limited to teaching students to be mediators, not advocates. Continuing legal education programs are only …

Moving Pictures - Advertising, Traffic And Cityscape, Pasi Kolhonen

Contemporary Aesthetics (Journal Archive)

There are two major factors responsible for the way contemporary cities look the way they do. One is the ever-increasing volume of traffic, and the other is the present commercial culture which manifests itself most visibly through advertising. This paper deals with the effects of advertising in a city environment; the main focus is on advertising linked to traffic. Nowadays we have become so accustomed to advertising that it sometimes is actually hard to recognize just how much is around. Spaces without some form of advertisements are becoming progressively fewer in today's Western cities. The city-dweller's field of vision is …

No Pets Allowed: Housing Issues And Companion Animals, Rebecca J. Huss

Animal Law Review

Companionship, emotional support, assistance for disabled family members, and general health benefits are just a few examples of why people choose to keep pets in their homes. This article explores the major legal issues that arise when people desire to keep companion animals in various types of housing. The Author examines the effects of federal, state, and local laws, as well as common contract clauses.

Installed Base Opportunism And The Scope Of Intellectual Property Rights In Software Products, Andrew Chin

Faculty Publications

No abstract provided.

Complexity Theory, Adaptation, And Administrative Law, Donald Thomas Hornstein

Faculty Publications

No abstract provided.

Ripple Or Revolution? The Indeterminacy Of Statutory Bankruptcy Reform, Melissa B. Jacoby

Faculty Publications

No abstract provided.

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.

15th Annual Forum On Affordable Housing & Community Development Law: 2006 Michael Scher Award Given To William C. Kelly, Nestor M. Davidson, Leonard A. Zax

Faculty Scholarship

No abstract provided.

Housing First' For The Chronically Homless: Challenges Of A New Service Model, Nestor M. Davidson

Faculty Scholarship

Increasingly in recent years, policymakers have focused their efforts on ending chronic homelessness and, in particular, on individuals grappling with mental illness, substance abuse, and similar challenges. Central to this effort has been the rise of a new model of service provision called Housing First. Housing First reverses the long-standing practice of conditioning housing on compliance with treatment plans or other service requirements, instead providing immediate independent living for chronically homeless individuals with dual or multiple diagnoses and only then making intensive services available. This Commentary reviews this important policy shift and explores some conceptual and practical challenges in moving …

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan

Faculty Scholarship

This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …

Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski

Faculty Scholarship

Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …

Sexuality And Sovereignty: The Global Limits And Possibilities Of Lawrence Symposium: Legal Rights In Historical Perspective: From The Margins To The Mainstream, Sonia K. Katyal

Faculty Scholarship

In the summer of 2003, the Supreme Court handed gay and lesbian activists a stunning victory in the decision of Lawrence v. Texas, which summarily overruled Bowers v. Hardwick. At issue was whether Texas' prohibition of same-sex sexual conduct violated the Due Process Clause of the U.S. Constitution. In a powerful, poetic, and strident opinion, Justice Kennedy, writing for a six-member majority, reversed Bowers, observing that individual decisions regarding physical intimacy between consenting adults, either of the same or opposite sex, are constitutionally protected, and thus fall outside of the reach of state intervention. Volumes can be written about the …

Judicial Federalism In The Ecj's Berlusconi Case: Toward More Credible Corporate Governance And Financial Reporting Recent Development, Martin Gelter, Mathias M. Siems

Faculty Scholarship

In recent years, the general public in many countries has become increasingly aware of issues concerning business accounting and financial reporting. Americans hardly need to be reminded of the Enron debacle, where members of the company's senior management engaged in fraudulent off-balance sheet transactions to disguise the true state of the company's financial condition, a scheme that auditors failed to uncover until the company's implosion. This and other major corporate governance cases involving questionable or fraudulent accounting practices led to the Sarbanes-Oxley Act of 2002. This law was an unprecedented Congressional intervention into corporate governance, an arena that had previously …

Law, Lawyers, And Labor: The United Farm Workers' Legal Strategy In The 1960s And 1970s And The Role Of Law In Union Organizing Today , Jennifer Gordon

Faculty Scholarship

What does law offer labor? It depends. The specifics of the law in question are critical, as are the make-up and funding of the agency that is charged with implementing it and the economic strength, political clout, and strategic creativity of the unions and employers that it governs. Today's discussions of the NLRA from the union perspective are tinged with desperation about what law does for and to organizing-a desperation that is born of labor's sense that it has lost too many important battles before the NLRB and the courts over the interpretation of the NLRA. In despair, however, workers …

Religious Lawyering's Second Wave, Russell G. Pearce, Amelia J. Uelmen

Faculty Scholarship

Since the mid-1990s, the "religious lawyering movement" has expanded dramatically, receiving greater attention within the academy and the bar. As the movement enters what we term its "second wave" of development, this essay begins with a look back to its "first wave" of path-breaking scholarship and its gradual shift toward more institutionalized structures and programs. It argues that the predominant characteristic of first-wave religious lawyering scholarship was to claim a space within the professional conversation for lawyers to bring religious values to bear on their work. The essay then predicts that in the second wave religious lawyering conversations and scholarship …

Ingando Solidarity Camps: Reconciliation And Political Indoctrination In Post-Genocide Rwanda Note, Chi Adanna Mgbako

Faculty Scholarship

This Note, based primarily on interviews with ingando participants, government officials, journalists, and genocide survivors conducted in Rwanda in January 2004, evaluates the merits and limits of government-run ingando solidarity camps as a means of fostering reconciliation in the complicated social landscape of post-genocide Rwanda. Focusing on ingando for ex-combatants, ex-soldiers, students, and released genocidaires, this Note argues that much of the ingando project is focused on the dissemination of pro-RPF ideology, a dangerous undertaking in a country in which political indoctrination and government-controlled information were essential in sparking and sustaining the genocide. Furthermore, a successful reconciliation program must take …