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The Trauma Of Stalinism Narrated In Varlam T. Shalamov's Kolymskie Rasskazy : Missiological Implications For Contemporary Russia, Yuri N. Drumi

Dissertations

Stalinism and the punitive system of the Gulag left an indelible stamp on the entire social matrix of Russia. Because of the multidimensional and multigenerational nature of the trauma of Stalinism, Russian society retains the label of a traumatized culture. This dissertation explores the significance of this phenomenon for contemporary Christian mission in Russia.

The narratives of Varlam T. Shalamov's Kolymskie rasskazy provided an empirical (based on sensory evidence) inquiry into the reality of enormous sufferings experienced by the inmates of the Kolyma Gulag. Holy Scripture, on the other hand, provided the theological (faith-based) inquiry into the causes and implications …

Colonial Presumptions: The War On Terror And The Roots Of American Exceptionalism, Natsu Taylor Saito

Faculty Publications By Year

The United States' current "war on terror" has been framed as a struggle for "civilization"; one which requires a "new paradigm of international law." The rationale for the United States' selective self-exemption from otherwise applicable international law in conducting this war has been that new and imminent threats require the re-shaping of legal doctrines. This essay considers this rationale against the backdrop of three centuries of American visions and policies, and the legal justifications put forth to justify Euroamerican expansion. It concludes that the justifications for American exceptionalism have been remarkably consistent throughout its history and that, as a result, …

U.S. Indian Policy, 1865-1890 As Illuminated Through The Lives Of Charles A. Eastman And Elaine Goodale Eastman, Gretchen Cassel Eick

Great Plains Quarterly (through 2013)

Rapid change, passionate convictions, acute regional differences, ethnic conflict, and an army looking for a mission characterized the United States from 1865 to 1890. The Civil War was over and most of the soldiers had mustered out and gone home. The others were assigned either to the South to oversee reconstruction or, the larger number of them, to the area between the Mississippi and the Rocky Mountains-the Great Plains. The U.S. Army's new mission was to "pacify" the Great Plains, to protect the thousands of migrants enticed there by Congress's offer through the Homestead Act of 160 acres-free, contingent upon …

Book Review: Plains Village Archaeology: Bison-Hunting Farmers In The Central And Northern Plains Edited By Stanley A. Ahler And Marvin Kay, John Ludwickson

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This volume, edited by Stanley A. Ahler and Marvin Kay, consists of19 contributions by 21 authors. It is not a synthetic overview of the Plains Villages, but an eclectic sampling of the breadth and depth of recent archaeological research and interpretations-case studies focus on topics including origins, warfare, trade and interaction, symbolism, settlement and social organization, subsistence and risk, and others. Such studies are daunting undertakings as the ruins of a single house, indeed the contents of a single refuse pit, may produce thousands of specimens to interpret. Plains village archaeological sites, fragile and vulnerable, have been destroyed by dam …

The U.S. Policy Of Democracy Promotion In Latin America, Steven Gilbert

Senior Honors Theses and Projects

The U.S. policy of democracy promotion in Latin America has consisted of promoting governments that are favorable to U.S. political and economic interests rather than democracy itself. While the U.S. claims to have a tradition of “promoting democracy” in Latin America, justification for U.S. intervention has been questionable and inconsistent. U.S. support for Latin American regimes has coincided with favorable economic policies rather than with the strength of democracy within a country. Historically, the protection of resources for extraction has been one of the main goals of U.S. policy in Latin America. U.S. A historical overview of U.S. relations in …

Six Centuries Of Fire History At Devils Tower National Monument With Comments On Regionwide Temperature Influence, Michael C. Stambaugh, Richard P. Guyette, Erin R. Mcmurry, Joseph M. Marschall, Gary Willson

Great Plains Research: A Journal of Natural and Social Sciences (through 2013)

This study documents over six centuries of historic fire events at Devils Tower National Monument in northeast Wyoming, USA. The 691-year tree-ring chronology is based on 37 ponderosa pine (Pinus ponderosa C. Lawson) trees collected at the monument. The period of tree-ring record ranged in calendar years from 1312 to 2002 and fire scar dates (n = 129) ranged from 1330 to 1995. The mean fire interval (MFI) for the entire record was 24.6 years, and intervals for individual trees ranged from 4 to 119 years. A period of increased fire frequency (MFI = 5.7 years) occurred from about …

Prosecuting Aggression, Noah Weisbord

Faculty Scholarship

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference. Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Military Lawyering And Professional Independence On The War On Terror : A Response To David Luban, Charles J. Dunlap Jr., Linell A. Letendre

Faculty Scholarship

No abstract provided.

Taking Liberties: The Personal Jurisdiction Of Military Commissions, Madeline Morris

Faculty Scholarship

On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a "threat to international peace and security" and recognizing the right of states to use armed force in self defense.

Lawfare Today: A Perspective, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Shortchanging The Joint Fight? An Airman’S Assessment Of Fm 3-24 And The Case For Developing Truly Joint Coin Doctrine, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Could And Should America Have Made An Ottoman Republic In 1919?, Paul D. Carrington

Faculty Scholarship

Numerous Americans, perhaps especially American lawyers, have since the 1780s presumed to tell other peoples how to govern themselves. In 2006, that persistent impulse was once again echoed in an address to the American Bar Association by a Justice of the Supreme Court. The purpose of this essay is to question the wisdom of this evangelical ambition, especially when the form of instruction includes military force. It is draws on Spreading America's Word (2005) and directs attention to the hopes of American Protestant Zionists to make a democratic republic in Ottoman Palestine. It suggests that chances were better in 1919 …

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

Faculty Scholarship

There are two important questions in post-conflict constitution making, and at present neither of them has a definitive or uniformly accepted answer. The first relates to the best configuration of institutions to adopt in order to ameliorate the problem of the intergroup conflict. The second concerns the process most apt to produce the best configuration of institutions, whatever it might be. The first question is unanswered because there is a dispute among scholars and practitioners between two opposing views of appropriate institutions to mitigate conflict. Constitutional processes have not generally been geared to yield coherent exemplars of either configuration in …

Unratified Treaties, Domestic Politics, And The U.S. Constitution, Curtis A. Bradley

Faculty Scholarship

Under contemporary treaty practice, a nation's signature of a treaty typically does not make the nation a party to the treaty. Rather, nations become parties to treaties through an act of ratification or accession, which sometimes occurs long after signature. Nevertheless, Article 18 of the Vienna Convention on the Law of Treaties, which many commentators regard as reflecting customary international law, provides that when a nation signs a treaty it is obligated to refrain from actions that would defeat the “object and purpose” of the treaty until such time as it makes clear its intent not to become a party …

Protecting Financial Markets: Lessons From The Subprime Mortgage Meltdown, Steven L. Schwarcz

Faculty Scholarship

Why did the recent subprime mortgage meltdown undermine financial market stability notwithstanding the protections provided by market norms and financial regulation? This article attempts to answer that question by identifying anomalies and obvious protections that failed to work, and then by examining hypotheses that might explain the anomalies and failures. The resulting explanations provide critical insights into protecting financial markets.

Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland

Journal of Digital Forensics, Security and Law

The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …

Shot Down: The D.C. Circuit Disarms Gun Control Laws In Parker V. District Of Columbia, Allison L. Mollenhauer

Villanova Law Review (1956 - )

No abstract provided.

Legal Classification And Status Of Forced Recruits Over The Age Of Fifteen Years Old: Are Forced Recruits Enslaved Within The Meaning Of International Law Or Do They Fall Within A Different Legal Classification (Namely, Civilian Or Combatant)?, Brin Thaxton Anderson

War Crimes Memoranda

No abstract provided.

Codifying The Past, Erasing The Future: Nafta And The Zapatista Uprising Of 1994, Andy Gutierrez

UC Law Environmental Journal

No abstract provided.

Preserving The Writ: The Military Commission Act’S Unconstitutional Attempt To Deprive Lawful Resident Aliens Of Their Habeas Corpus Rights, Katy R. Jackman

Maryland Law Review

No abstract provided.

Negative Dimensions Of Identity: A Research Agenda For Law And Public Policy, Avner Ben-Ner, Claire Hill

Articles

Legal scholarship has long concerned itself with race, gender, and other core identities. Economics, and law and economics, is now turning its attention to other dimensions of identity. What is identity? Identity is "a person's sense of self."' Identity has genetic, cultural and neural bases grounded in an evolutionary process.' Identity helps individuals make sense of themselves and provides a feeling of grounding or belonging. There are many potential identity dimensions, including gender, facial features, and height, as well as religion, ethnicity, social-group affiliation, sports-team loyalty, family, profession, artistic preferences, culinary preferences, and place of origin. The significance of different …

Horizontal Federalism, Allan Erbsen

Articles

This Article constructs frameworks for analyzing federalism's undertheorized horizontal dimension. Discussions of federalism generally focus on the hierarchical (or vertical) allocation of power between the national and state governments while overlooking the horizontal allocation of power among coequal states. Models of federal-state relations tend to treat the fifty states as a single aggregate unit, obscuring the fact that individual states often cannot concurrently exercise their powers without infringing the other states' autonomy, frustrating the others' legitimate interests, or burdening the others' citizens. Preserving interstate harmony and protecting citizens from excessive burdens therefore requires limits on how states may wield their …

"Instigation" In International Criminal Law, Louis David Coddon

War Crimes Memoranda

No abstract provided.

Extraordinary Chamber For The Cambodian Courts, Eccc, Crimes Against Humanity As Customary International Law In 1975 And The Evidentiary Threshold For Discriminatory Intent, Corey Harkey

War Crimes Memoranda

No abstract provided.

Superior Responsibility And The Extraordinary Chambers Of The Courts Of Cambodia, Eccc, Eccc And Superior Responsibility, Status Of Superior Responsibility In International Law Before 1975 Specifically Discussing The Existence, Character, And Special Problems Of The Doctrine Of Superior Responsibility., J. Matthew Lineham

War Crimes Memoranda

No abstract provided.

The Status Of The Crime Of Genocide, In Cambodia And Under Customary International Law, In 1975 Specifically Addressing Whether Or Not Genocide Was A Crime In Cambodia In 1975 And Whether Or Not It Was A Crime Under Customary International Law. Also, Whether The Language Differences Between Article 4 Of The Eccc Statute And The Convention On The Prevention And Punishment Of The Crime Of Genocide Could Have Consequences On Prosecutions Before The Eccc., Lynn Greening

War Crimes Memoranda

No abstract provided.

Entering Unprecedented Terrain: Charting A Method To Reduce Madness In Post-9/11 Power And Rights Conflicts, Mario L. Barnes, F. Greg Bowman

University of Miami Law Review

No abstract provided.

Focus Emu, March 4, 2008, Office Of Public Information

Focus EMU

No abstract provided.

At The Hands Of Becky Sharp: (In)Visible Manipulation And Vanity Fair, Peter J. Capuano

Department of English: Faculty Publications

Victorian sartorial convention allowed for the routine inspection of only two body parts: the head and the hands. While it is well-documented that the perceptual codes of phrenology and physiognomy shaped psychological, aesthetic and fictional conventions by the middle of the nineteenth century, the hand has attracted relatively little attention. One would be hard-pressed, for example, to identify a critic of Vanity Fair who does not comment on the relationship between Becky Sharp's facial expressions and the pervasiveness of her manipulative temperament. However, even within the heavily sifted topic of "manipulation" in Vanity Fair, critics have overlooked the extent …

High School Hispanic Program Availability In Marion County, Indiana: A Multi -School Case Study, Arlene Coleman

All-Inclusive List of Electronic Theses and Dissertations

In Marion County, Indiana the Hispanic population increased tremendously over the last decade. Predictions indicate that this vast influx of Hispanics will continue well into the twenty-first century. Predictions also indicate that growth in the Hispanic population poses seriousEducational concerns for schools across the country. The purpose of this qualitative study was to examine the Indianapolis Public Schools and the eight township school districts in Marion County, Indiana in terms of their acceptance of this influx of Hispanic high school students. This research investigated the English as a Second Language (ESL) Coordinator, Hispanic student and parent perceptions in terms of …