Digital Commons Network^™

H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis

Journal Articles

This essay offers first a sketch (by a student and colleague) of H.L.A. Hart's life; second an account of the political philosophy which he explicitly articulated in The Concept of Law (1961), and of its relation to the main currents of Oxford political philosophy in the 1950s; and thirdly an exposition and critical assessment of the normative political theory deployed, to widespread acclaim, in his Law, Liberty & Morality (1963).

Socially Engaged Buddhist Nuns: Activism In Taiwan And North America, Karma Lekshe Tsomo Phd

Theology and Religious Studies: Faculty Scholarship

The last decades of the twentieth century have been a time of new visibility and social activism for Buddhists in Taiwan and around the world. This paper compares the social engagement of nuns in the Chinese Buddhist tradition in Taiwan and North America. I would like to argue that whereas nuns in Taiwan have developed a variety of approaches to social involvement, their counterparts in the Chinese diaspora in North America have had to face a set of challenges specific to overseas Chinese communities in addition to Chinese Buddhist tradition. The article concludes with reflections on the prospects for nuns' …

Alcalá 2008-2009, University Of San Diego

University of San Diego Yearbooks (1968-2010)

No abstract provided.

East Meets West: Chinese Reception And Translation Of Virginia Woolf, Guanglan Jin

Open Access Dissertations

This dissertation traces the evolution of the Chinese reception of Virginia Woolf through historical contextualization and explores the cultural conflicts in the Chinese interpretation and translation of Woolf with special emphasis on her feminism from a cross-cultural perspective. It also examines Woolf s and Ling Shuhua's critique of the tyrannies in the private world in their autobiographical works. The two stages of the Chinese reception of Woolf parallel those of the western one. The first stage from the early 1930s to the late 1940s may be characterized by so-called "interaction" between the Bloomsbury and Crescent Moon groups. It includes the …

Necessarily Critical? The Adoption Of A Parody Defence To Copyright Infringement In Canada, Graham Reynolds

All Faculty Publications

The creation and distribution of parodies promote the fundamental values underlying the constitutionally protected right to freedom of expression. Through parodies, individuals can progress in their “search for political, artistic and scientific truth”, protect their autonomy and self-development, and promote “public participation in the democratic process”. Recognizing the importance of parody to political, social, and cultural life, governments in various jurisdictions have adopted or proposed parody defences to copyright infringement. The Canadian Copyright Act, however, does not contain an explicit parody defence to copyright infringement. Furthermore, no Canadian court has accepted a defence of parody to a claim of copyright …

Suffolk University Academic Catalog And Handbooks (Graduate), College Of Arts And Sciences And Sawyer School Of Management, 2008-2009, Suffok University

College of Arts and Sciences and Sawyer Business School Academic Catalogs

No abstract provided.

Supporting Asian-American Civic Engagement: Theory And Practice, Wing Yi Chan

The Foundation Review

· This paper is a review of relevant research related to the civic engagement of Asian-American youth.

· Little work has been done to understand the civic engagement activities of Asian-American youth. However, unique promoters and barriers to Asian- American youth civic engagement exist, given this group’s distinct historical, cultural, and sociopolitical experiences.

· Asian-American youth may have two different ethnic and racial identities, and these identities may be related to different kinds of civic engagement. Asian-American students who have a stronger pan-Asian identity are more aware that their fate is linked with other Asian-Americans and therefore are more likely …

Picking Friends From The Crowd: Amicus Participation As Political Symbolism, Omari Scott Simmons

Connecticut Law Review

The modern process of amicus curiae participation is a form of political symbolism reflecting the Supreme Court’s irreconcilable role in American democracy as a quasi-representative policy-making institution. Specifically, this political symbolism reassures the public, particularly vulnerable groups, of the Court’s democratic character. Amicus participation dispels external public criticism that the Court is detached and indifferent to the public, without significantly undermining the Court’s independence. Ultimately, the Court’s institutional legitimacy rests upon the dual pillars of independence and inclusion. Amicus participation contributes significantly to the latter. Critics of the Court’s current open door policy to amicus participation fear that the lack …

The Death And Reincarnation Of Plain Meaning In Connecticut: A Case Study, Thomas A. Bishop

Connecticut Law Review

Judges have been required to interpret statutes for as long as there have been legislative enactments. To perform this task, courts have adopted various canons to guide their analytical paths. One of these judicially-created canons, the plain meaning rule, has been subjected to praise as an indication of the court's subordination to legislative will and criticism as wooden and inadequate to the task of implementing legislative intent. Until mid-twentieth century, the debate about the efficacy of the plain meaning rule largely took place in opinion writing and legal scholarship. But as the debate has shifted to a broader discussion of …

Table Of Contents, Scott St. Amand

Richmond Journal of Law and the Public Interest

The Richmond Journal of Law and the Public Interest is pleased to present our annual fall issue. This issue focuses on the widespread implications of criminal law and procedure and the way it is both affected by and affects our society and its mores. The issue is divided into two parts: three articles written by independent authors, and two comments by University of Richmond Students.

"You Think He Got Shot - Did You Maybe Shoot Him By Accident?": Linguistic Manipulation Of The Communicatively Immature During Police Interrogations, Kathryn C. Donoghue

Richmond Journal of Law and the Public Interest

It is undeniable that "punishment of the innocent makes a mockery of the law." Police who linguistically coerce false confessions from communicatively immature suspects mock the criminal justice system by evading accountability and convicting the vulnerable. This paper documents how common linguistic strategies directed at certain vulnerable groups have the potential to elicit false confessions. Part II reviews linguistic strategies routinely employed by trained interrogators. Part III then explores how mentally challenged and juvenile suspects, otherwise known as communicatively immature groups, are more susceptible to deceptive linguistic strategies. Part IV discusses how interrogators learn to extract confessions, while Part V …

Death To Child Erotica: How Mislabeling The Evidence Can Risk Inaccuracy In The Courtroom, Mary G. Leary

Cardozo Journal of Equal Rights & Social Justice

The article argues that the term "child erotica" is misleading and harmful as it incorrectly implies that sexually exploitative material has artistic or social value, thereby normalizing the sexual commodification of children. It advocates for the elimination of this term and suggests replacing it with more precise labels, such as "child exploitation paraphernalia" or "child sexual exploitation images," to ensure accurate legal analysis and prevent the elevation of such material to a protected status.

La (Des) Pluralización Del Verbo Haber Existencial En El Español Salvadoreño: ¿Un Cambio En Progreso?, Alexander Quintanilla

Scholarship and Professional Work - LAS

This study analyzes the pluralization of the verb haber in Salvadoran Spanish. Spanish uses the verb haber ‘to have’ for existential sentences. According to traditional grammars, existential sentences with haber are impersonal, that is, they are conjugated only in the third-person singular. However, it is common in most Spanish varieties to conjugate haber in the plural when the nominal phrase is plural.

Recent studies have suggested that the pluralization of haber is an innovation in modern Spanish and that it is advancing from lower to higher classes. My study shows that on the contrary there is little evidence indicating that …

The Only True God: Early Christian Monotheism In Its Jewish Context, James F. Mcgrath

Scholarship and Professional Work - LAS

Chapter 5: "Monotheism and Worship in the Book of Revelation" is an excerpt from The Only True God. Copyright 2009 by the Board of Trustees of the University of Illinois. Used with permission of the University of Illinois Press. This excerpt, in whole or in part, may not be reproduced, distributed, photocopied or posted on-line without the written permission of the copyright holder.

Out Of India: Immigrant Hindus And South Asian Hinduism In The United States, Chad M. Bauman, Jennifer Saunders

Scholarship and Professional Work - LAS

The article provides a survey of research on immigrant Hindus and South Asian Hinduism in the United States, focusing in particular on certain trends in the development of American Hinduism (e.g., Americanization, protestantization, ecumenization, congregationalization, homogenization, ritual adaptation) and prominent themes in more recent scholarship on the topic (e.g., race, transnational connections, and Hindu nationalism).

Atypical Language Lateralization In Epilepsy Patients, Gabriel Möddel, Tara T. Lineweaver, Stephan U. Schuele, Julia Reinholz, T. Loddenkemper

Scholarship and Professional Work - LAS

Purpose:  To investigate whether atypical language dominance in epilepsy patients is related to localization and type of lesions.

Methods:  Four hundred and forty-five epilepsy patients received bilateral Wada testing. Language was classified as left (L), right (R), bilateral-dependent (BD, speech arrest after left and right injections), or bilateral-independent (BI, no speech arrest after either injection). Groups were compared regarding handedness and magnetic resonance imaging (MRI) lesions. Lesions were classified as “early” (congenital), “late” neocortical (acquired after birth), and hippocampal sclerosis (HS).

Results:  Of all patients, 78% were L, 6% R, 7% BD, and 9% BI. Right-handers with left lesions did …

Agents Of Hope, Steve Sider, Angie Davids, Amanda Knowles, Annalisa Luimes, Leanne Van Bostelen

Education Faculty Publications

This paper considers the Christian teacher’s “place” in today’s increasingly diverse public school classrooms. Specifically, the paper explores the complexities of working as a Christian within educational systems which promote tolerance of all cultures and religious views. Is it possible for a Christian teacher to remain committed to The Way while employed in a system which encourages pluralism, equity, and diversity? Using insights and responses of participants in a Christian university education course on teaching in multicultural classrooms, a framework is provided to consider what it means to teach as a Christian in multicultural school settings.

Invariance: A Tale Of Intellectual Migration, Steven Gimbel

Philosophy Faculty Publications

The plotline of the standard story told about the development of intellectual history at the end of the 19th/turn of the 20th century follows the move from absolutism to perspectivalism. The narrative takes us, on the one hand, from the scientism of late Enlightenment writers like Voltaire, Mill, D’Alebert, and Comte and the historical determinism of Hegel, all of which were based upon a universal picture of rationality, to, on the other hand, the relativistic physics of Einstein, the perspectival art of Picasso, and the individualism of Nietzsche and Kierkegaard leading to the phenomenology of Husserl and Heidegger to and …

The Old South And Continental Europe : A Transatlantic Conversation, M. Benjamin Gilstrap

Electronic Theses and Dissertations

No abstract provided.

Updates From The International And Internationalized Criminal Courts, Shaleen Brunsdale, Ellie Stevenson, Jenn Goldsmith, Peter Tran, Alexia Brooks, Katherine Anne Cleary

Human Rights Brief

No abstract provided.

An Aggregate Approach To Antitrust: Using New Data And Rulemaking To Preserve Drug Competition, C. Scott Hemphill

Center for Contract and Economic Organization

This Article examines the "aggregation deficit" in antitrust: the pervasive lack of information, essential to choosing an optimal antitrust rule, about the frequency and costliness of anticompetitive activity. By synthesizing available information, the present analysis helps close the information gap for an important, unresolved issue in U.S. antitrust policy: patent settlements between brand-name drug makers and their generic rivals. The analysis draws upon a new dataset of 143 such settlements.

Due to the factual complexity of individual brand-generic settlements, important trends and arrangements become apparent only when multiple cases are examined collectively. This aggregate approach provides valuable information that can …

The Canary In The Mind: Quintana, Pelayo (1805) And The Play Of War, David T. Gies

Decimonónica

They saw it coming. Writers. The Revolution. Not in any prescient way nor with any real accuracy, and certainly not with any predictability (they were playwrights and poets, after all, not futurologists), but they sensed disquiet, heard the nearly inaudible harp strings of discord playing on the horizon, and picked up on what Bécquer would later so beautifully refer to as “los átomos del aire” (208). When the invasion finally came and the war broke out in 1808, that subtle disquiet turned into a maelstrom of noise, a chorus of voices singing out a harsh reality, mocking an untenable situation …

Volume 1: The Challenge Of Pluralism : Paradigms From Muslim Contexts, Abdou Filali-Ansary, Sikeena Karmali Ahmed

Exploring Muslim Contexts

The volume discusses notions of pluralism and its specific relevance to Muslim societies. Current popular and academic discussions tend to make certain assumptions regarding Islam and its lack of compatibility with notions of pluralism. Some notable liberal thinkers have even argued that pluralism itself is inherently antithetical to Islam.

These assumptions are challenged by discussing the broad spectrum of relevance and application of the notion of pluralism to modern day societies, examining securalism, multiculturalism, democracy, globalisation and the pivotal role of civil society.

Islam : Between Message And History, Abdelmadjid Charfi, Abdou Filali-Ansary, Sikeena Karmali Ahmed, David Bond

In Translation: Modern Muslim Thinkers

This book could easily be called ‘A Guide for the Modern Muslim’, someone for whom the sentiments of his or her ancestors resonate but who cannot accept the canonised formulas of a prescriptive education.

Charfi spells out what for him is the essential message of Islam, followed by a history of its unfolding through the person of the Prophet Muhammad, whom he perceives as a visionary seeking to change the ideals, attitudes and behaviours of the society in which he lived. Charfi delineates the message and its history as two separate elements, conflated by tradition.

Charfi confronts with great lucidity …

Encyclopaedias About Muslim Civilisations, Aptin Khanbaghi

Muslim Civilisations Abstracts

Over the past 150 years, numerous encyclopaedias have been produced on Muslim civilisations, both by Muslims and non-Muslims, with different approaches to the organisation of knowledge and understanding of Muslim beliefs, cultures and societies. Access to and knowledge of these reference works and databases have until now been hindered by language barriers. The first volume in the MCA series seeks to overcome this obstacle by presenting material in three languages: English, Arabic and Turkish.

This is a unique reference catalogue containing 200 annotated bibliographies and abstracts of encyclopaedias published during the nineteenth, twentieth and twenty-first centuries.

Gendering The Declaration, Fionnuala Ni Aoláin

Maryland Journal of International Law

No abstract provided.

The Problem Of Canonical Ambiguity In Ali V. Federal Bureau Of Prisons, Roderick M. Hills Jr.

Faculty Articles

Textualists seem to like textual canons of statutory construction and with apparently good reason. Canons seem to make apparently sparse text more determinate. Such "intrinsic aids" also apparently do not require courts to inquire into evidence of statutory purpose extrinsic to the statute's text. I will suggest below, however, that the Court's decision in Ali v. Federal Bureau of Prisons illustrates how these textualist advantages of textual canons might more apparent than real. Ali illustrates how the intelligent application of the canons requires inquiry into extra-textual statutory purpose. Moreover, the purposive character of the canons is unrelated to Karl Llewellyn's …

Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin

Maryland Journal of International Law

No abstract provided.

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.

Introduction: Humor In Contemporary American Poetry, Denise Duhamel, Salvatore Attardo

Faculty Publications

Introduction piece to a special issue of Humor: International Journal of Humor Research.