Digital Commons Network^™

Corporate Corruption In Latin America: Acceptance, Bribery, Compliance, Denial, Economics, And The Foreign Corrupt Practices Act, Jose Armando Fanjul

Penn State International Law Review (1982 - 2011)

No abstract provided.

Legitimation Crisis, Reifying Human Rights And The Norm-Creating Power Of The Factual: Reply To Reifying Law: Let Them Be Lions, Gunnar Beck

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Michigan Journal of International Law

This Essay proceeds in four parts. Part I situates these lawsuits in the context of Japan's growing ethnic diversity. Part II analyzes a decade of racial discrimination lawsuits in Japan, ultimately synthesizing the elements of a compensable act of racial discrimination under current Japanese law. Part III begins with a brief examination of the role of international law in Japan before turning to discussions between the Japanese government and U.N. bodies regarding the proper treatment of foreigners in Japan and the desirability of anti-discrimination laws. Part IV then discusses several failed attempts by national and local lawmakers to pass anti-discrimination …

Reconsidering The D.C. Circuit’S Proximate Cause Standard For Extraterrotorial Jurisdiction: Precluding The “Globalization” Theory To Promote Global Enforcement, Michelle A. Wyant

Richmond Journal of Global Law & Business

As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …

Outside The Frame: Towards A Phenomenology Of Texts And Technology, Anthony Crisafi

Electronic Theses and Dissertations

The subject of my dissertation is how phenomenology can be used as a tool for understanding the intersection between texts and technology. What I am suggesting here is that, specifically in connection with the focus of our program in Texts and Technology, there are very significant questions concerning how digital communications technology extends our humanity, and more importantly what kind of epistemological and ontological questions are raised because of this. There needs to be a coherent theory for Texts and Technology that will help us to understand this shift, and I feel that this should be the main focus for …

The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan

West Virginia Law Review

No abstract provided.

Bailey's Hexameters, Jeremiah Farrell, Al Shapiro

Scholarship and Professional Work - LAS

Nat. Bailey was the most important English lexicographer before Samuel Johnson. Our interest in this essay is to report on some of the 1730 dictionary's entries for the "Entertainmen of the Curious".

The Asteroid Puzzle And Games, Jeremiah Farrell, Karen Farrell

Scholarship and Professional Work - LAS

Each of our two-person games is a word version variation from the tic-tac-toe or noughts and crosses family. It is well known that classic tic-tac-toe is a draw when expertly played. It is also clear that not all of its plays are equal- a strong move for the first player is to initially take the powerul center square. ASTEROID and ASTEROID II, on the other hand, are both completely symmetric (in the sense that all letters are used equally) and each have rather suble forced wins for either the first or second player.

Cube Mentalism, Jeremiah Farrell, Ivan Moscovich

Scholarship and Professional Work - LAS

Our tour of multidimensional cubes begins with the marking of the eight comers of a 3-cube with the eight words HOT, POT, POD, HOD, HAD, HAT, PAT, and PAD. The figure below shows how these eight inherit the labels of the HOT-PAD).die where the letter H is opposite P, the letter O is opposite T and the letter T is opposite the letter D...

The First Gathering, Jeremiah Farrell

Scholarship and Professional Work - LAS

The following is a photocopy of a letter I sent to my good friend James P. Fink shortly after the first Gathering in 1993. It is not reqritten or edited in any way in hopes of conveying to you some sense of my awe at how very special this event really way. My son David, then a student in Boston, was also privileged to be invited by Tom Rodgers and David and I still feel overwhelmed by the experience.

There are so many memories- and so many friends. After you have read the letter, I will remark on some of …

The Stenographic Affine Plane, Oscar Thumpbindle, Jeremiah Farrell

Scholarship and Professional Work - LAS

This square, composed of familiar words, is semimagic because any row or column (the rook sweeps) anagrams into STENOGRAPHIC. "Semi" means the diagonals don't. However, there are four very special diagonals; those that have words with one of the four vowels of STENOGRAPHIC in common. These four bishop sweeps will be important later. Keeping with the chess piece theme, the reader will take notice of the knight 4-tours using the consonants P, H, Rand C. For example one of these is the P-tour SAP, PEG, PIN and TOP. Another set of knight tours traces the letters S, T, G and …

Innocent Initiations: Female Agency In Eroticized Fairy Tales, Jeana Jorgensen

Scholarship and Professional Work - LAS

Bawdy folktales have generated controversy and scholarship for centuries, and their literary, sexually explicit descendants, eroticized fairy tales, are also deserving of attention. Marketed in short story collections as erotica, eroticized fairy tales use fairy-tale characters, plots, and themes as the setting for sexual adventures. Some of these tales focus on a naïve heroine’s initiation into sexual pleasure without her knowing precisely what is going on. I have termed these “innocent initiation” tales. Their use of traditional fairy-tale motifs contributes to discourse about female sexuality, agency, and objectification.

Redeeming Indian ‘Christian’ Womanhood?: Missionaries, Dalits, And Agency In Colonial India, Chad M. Bauman

Scholarship and Professional Work - LAS

This study of dalit Christians in colonial North India suggests that women who converted to Christianity in the region often experienced a contraction of the range of their activities. Bauman analyzes this counterintuitive result of missionary work and then draws on the work of Saba Mahmood and others to interrogate the predilection of feminist historians for agents, rabble-rousers, and gender troublemakers. The article concludes not only that this predilection represents a mild form of egocentrism but also that it prevents historians from adequately analyzing the complexity of factors that motivate and influence human behavior.

Postcolonial Anxiety And Anti-Conversion Sentiment In The Report Of The Christian Missionary Activities Enquiry Committee, Chad M. Bauman

Scholarship and Professional Work - LAS

Conversion to Christianity is one of the most politically charged issues in contemporary India and has recently been very much in the news.1 For example, in 2006, on the fiftieth anniversary of B. R. Ambedkar’s conversion to Buddhism2 hundreds of dalits gathered to convert, some to Buddhism and others to Christianity, rejecting Hinduism, a religion they claim oppresses and demeans them. In attacks on Christians in Orissa at the end of 2007 (and associated reprisals), dozens of churches, homes, and businesses were destroyed, hundreds of people were injured, and thousands were displaced.

Do We Teach Disciplines Or Do We Teach Students?—What Difference Does It Make?, Marshall W. Gregory

Scholarship and Professional Work - LAS

The single most difficult notion for graduate students and new professors to grasp about teaching--and, indeed, many experienced teachers never grasp this point either--is that successful teaching to undergraduates has little to do with the degree of one's mastery of disciplinary knowledge.

Humanities Education Then, Now And Why, Marshall W. Gregory

Scholarship and Professional Work - LAS

The problem of educational metaphors in the humanities is that the metaphors driving the humanities since the late Middle Ages and the Renaissance-metaphors that educators still rely on today-no longer work in the twenty-first century.

History And Fiction In The Acts Of Thomas: The State Of The Question, James F. Mcgrath

Scholarship and Professional Work - LAS

The Acts of Thomas has not yet received as much attention as the Gospel associated with the same individual, and this is understandable. Current students of this early Christian work, however, are in danger of missing out on the discussions and differing perspectives long offered by scholars of the Indian church and Indian history on this work. The current study suggests that, while the Acts of Thomas is almost certainly a work of novelistic fiction, this should not lead us to ignore the instances of confirmable historical information embedded therein, as in many other works of historical fiction. The Acts …

Energy And Symmetry In Language And Yoga, Sally Hess, Donna Jo Napoli

Linguistics Faculty Works

The structures of syllables and of yoga poses are compared. Syllables are tripartite, with sound segments rising in sonority (acoustic energy) to a peak, then falling. Likewise, asanas are tripartite, with symmetrical movements flanking the sustaining, vital energy peak. In both entities, then, symmetric structure flanks energy peaks. This organization is not a physical necessity, but a cognitive preference.

A Bilingual Approach To Reading, D. Deluca, Donna Jo Napoli

Linguistics Faculty Works

No abstract provided.

Brokaw, Cynthia J., Commerce In Culture: The Sibao Book Trade In The Qing And Republican Periods (Book Review), Thomas D. Curran Ph.D.

History Faculty Publications

Book review by Thomas D. Curran.

Brokaw, Cynthia J. Commerce in Culture: The Sibao Book Trade in the Qing and Republican Periods. Cambridge:. Harvard University Asia Center, 2007.

ISBN 9780674024496

The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite

ILSA Journal of International & Comparative Law

Recitals, those 'whereas' clauses, appear in contracts as well as legislation, although not all legislation contains recitals; indeed, recitals are 'against' the precepts of certain styles of legislation.

Updates From The Regional Human Rights Systems, Natalie Huls, Sara Ramey

Human Rights Brief

No abstract provided.

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.

The Male Homoerotics Of Shakespearean Drama: A Study Of "The Merchant Of Venice," "Twelfth Night," And "Othello", Anthony Guy Patricia

UNLV Retrospective Theses & Dissertations

This study seeks to both challenge and complicate the assumed heteronormativity of Shakespeare's The Merchant of Venice, Twelfth Night, and Othello. Reading and analyzing these texts in such a manner provides the only means to access and interpret the homoerotics embedded deeply within them in a meaningful way that, in turn, enhances traditional understanding of Renaissance England.

The View From Here To There: Aesthetics Of Travel In The Midwest - Design Brief, Historical Administration

From Here to There: Aesthetics of Travel in the Midwest - Docs

No abstract provided.

Major D'Oh: Oira's Influence Over The Epa's Regulatory Decision Making In Riverkeeper, Inc. V. Epa, Ryan J. Rasmussen

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Do Reasonable Efforts Require Cultural Competence - The Importance Of Culturally Competent Reunification Services In The California Child Welfare System, Nell Clement

UC Law Journal of Race and Economic Justice

Despite the disproportionate number of culturally diverse families represented in the California child welfare system, there exists no statutory requirement that families in crisis be provided with reunification services that are culturally competent. This note examines the evolution of the child welfare system in United States in recent decades and the current child welfare law in California. This note discusses the negative effect of removal of culturally diverse children from their families and communities and the specific aspects of the child welfare system that play a part in this removal. Clement concludes by advocating for statutory recognition of culture in …

The New Racial Preferences, Devon W. Carbado, Cheryl I. Harris

Faculty Articles

Michigan's Proposal 2 and California's Proposition 209 explicitly prohibit their state governments from discriminating or granting "preferential treatment . . . on the basis of race." Proponents of both ballot initiatives specifically employed this language to eliminate state promulgated race-based affirmative action programs. For advocates of Proposal 2 and Proposition 209, affirmative action is the quintessential example of a preference on the basis on race. They reasoned that the policy benefits blacks and Latinos and burdens whites and, in some formulations, Asian Americans. This Article neither defends affirmative action nor critiques anti-affirmative action initiatives. Instead, we take Proposition 209 and …

Diverse Persuasion(S): From Rhetoric To Representation (And Back Again To Rhetoric) In International Human Rights Interpretation, Craig Scott

Comparative Research in Law & Political Economy

This article proceeds from a way of thinking about legal-rights reasoning that is grounded in the rhetorical tradition. In light of questions of political legitimacy and personal ethics, a central premise of the article is that the rhetorical enterprise must situate itself within a paradigm of dialogic communication in which mutual persuasion is the orientation to argument and the quest for intersubjective validation of claimed premises, lines of argument, and conclusions is the purposive mode. The first step in the article is to move from a general conception of law as a field of rhetoric to an account of how …

Book Review - Should It Have Been Called Republic.Com 1.5? : Reviewing Cass Sunstein's 'Republic.Com 2.0' (2007), Peter Jenkins

Comparative Research in Law & Political Economy

Sunstein's argument in the original 2001 Republic.com and in this new 2007 version is that democracy requires a range of common experiences (social glue) and unanticipated exposure to diverse points of view, but that the Internet fails society on both counts. Sunstein believes that the Internet tends to create social fragmentation by encouraging individuals to sort themselves into deliberative enclaves of like-minded people and assisting them to filter out unwanted, opposing opinions. Republic.com 2.0 is much less than it could have been had the author cited opposing points of view more frequently, not been so US-centric, and considered recent uses …