Digital Commons Network^™

A Response To "Indigenous Archaeology: Historical Interpretation From An Emic Perspective" - From A Native American Archaeologist's Perspective, Albert M. Lebeau Iii, Andrew E. Labounty

Nebraska Anthropologist

This response is written from the point of view of the senior author, the former Tribal Historic Preservation Officer for the Cheyenne River Sioux Tribe. It is not intended as a rebuttal, per se, but rather an expansion upon the topics addressed in Kennedy's "Indigenous Archaeology: Historical Interpretation from an Emic Perspective." This response is thus designed (and was sought by the Nebraska Anthropologist editorial staff) to broaden the reader's understanding of a complex topic within archaeology.

An Examination Of Autism Spectrum Disorders In Relation To Human Evolution And Life History Theory, Daniel E. Lomelin

Nebraska Anthropologist

Autism and Autism Spectrum Disorders are multifaceted conditions that are being diagnosed increasingly in Western nations. Current research suggests genetic and epigenetic effects as well as social and environmental conditions all playing direct roles in the expression and development of these disorders. Evaluating the development of the human brain s increased intelligence and plasticity in terms of human life history and evolutionary trade offs allows for new hypotheses to be formed regarding the development of the disorders. Aspects of the broad autism phenotype may have given ancient humans advantages in tool making and mechanical thinking, thus preserving the trait in …

Grave Vows: A Cross-Cultural Examination Of The Varying Forms Of Ghost Marriage Among Five Societies, Lucas J. Schwartze

Nebraska Anthropologist

Marriage is one of the most ubiquitous social relationships in human societies. However, the forms this institution takes do not follow the same patterns across all cultures. This paper examines one of the rarer forms of marriage; ghost marriage. After introducing the societies that practice this rare form of marriage, the similarities and differences between the forms this practice takes are examined. Various scholarly explanations for this form of marriage are presented as well.

Area Of Enigma: V. S. Naipaul And The East Indian Revival In Trinidad, Aaron Eastley

Faculty Publications

On March 29, 1949, V.S. Naipaul was front-page news in the Trinidad Guardian. “Special ‘Schol’ Urged for QRC Student,” the headline stated, and beneath was a photo of a quietly smiling teenage Naipaul, looking studious and benign in a pair of large black-rimmed glasses (“Special”). Naipaul, the article reports, had earned marks of distinction in Spanish and French on the Cambridge Higher School Certificate Examination, but was not eligible for a Colonial Scholarship to study in England owing to a recently-introduced technicality. Through no fault of his own he had not completed all of the requisite course work to qualify …

Brand Fetishism, Katya Assaf

Connecticut Law Review

This Article focuses on “brand fetishism”—the phenomenon of perceiving trademarks as spiritual entities rather than as informational devices. Modern corporations strive to create brands with personalities and souls, brands that tug at consumers’ heartstrings. Meanwhile, trademark law is intended to protect trademarks as informational tools reducing consumers’ search costs. This Article examines this dissonance between trademark law rationales and the current use of the corporate trademark. Research demonstrates that emotional branding results in mistaken quality judgments and hinders rational purchasing decisions by consumers, thereby distorting market competition. Therefore, this Article proposes that trademark law should serve to discourage brand fetishism, …

Goals And Objectives Of Law Schools In Their Primary Role Of Educating Students: South Africa-The University Of Cape Town School Of Law Experience, Chuma Himonga

Penn State International Law Review (1982 - 2011)

This paper examines the goals of law schools in their primary role of educating students, and the implications of the changing conditions in the legal and business world for these goals. Hereafter, unless otherwise indicated, "school(s)" will be used instead of "faculty(ies)". I would argue that there is no uniformity among law schools with regard to the purposes for which they educate students. The definition of a school's goals and objectives is influenced by factors peculiar to its own circumstances. Furthermore, the goals of a law school are potentially dynamic. They may change from time to time in response to …

Semiotic Definition Of Lawfare, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.

Political And Theoretical Feminisms In American Folkloristics: Definition Debates, Publication Histories, And The Folklore Feminists Communication, Jeana Jorgensen

Scholarship and Professional Work - LAS

What role does feminist theory play in American folkloristics, and which versions of feminism have become mainstreamed in the nearly forty years since folklorists first became attuned to the promises and premises of feminism? By attending to these issues, I hope to at least partially answer the question Alan Dundes asked in his 2004 Invited Presidential Plenary Address to the American Folklore Society: "What precisely is the 'theory' in feminist theory?" (2005, 388). In lamenting the lack of grand theory in folkloristics, Dundes remarks, ''Despite the existence of books and articles with 'feminist theory' in their titles, one looks in …

Self-Indulgence Is The American Word For Flair, Ania Spyra

Scholarship and Professional Work - LAS

Not available.

Cultural Cognition At Work, Paul M. Secunda

Faculty Publications

Cultural cognition theory provides an anthropological- and psychological-based theory about how values actually influence judicial decisionmaking. It suggests that values act as a subconscious influence on cognition rather than as a self-conscious motive of decisionmaking.

Applying these insights to two controversial United States Supreme Court labor and employment decisions, this Article contends that judges, in many instances, are not fighting over ideology, but rather over legally consequential facts. This type of disagreement is particularly prevalent in labor and employment law cases where the factual issues that divide judges involve significant uncertainty and turn on inconclusive evidence.

This distinction between ideology …

Africentrism And Africentric Rituals: Their Role In Jamaican Male Motivation To Pursue Higher Education, Totlyn A. Oliver

Contemporary Issues in Juvenile Justice

This academic research presents the case for Africentrism and its attendant rituals for the African Diaspora to aid in the motivation and inspiration factor in the male's choice to pursue higher education in Jamaica. The paper discussed Africentric rites of passage against the background of pre-emancipation and post-emancipation education in Jamaica. It also analyzed the current educational system for male nationals along with the implications for applying Africentrism to theories and practice of education for male stu-dents. The major concern precipitating this study was the low levels of male enrolment in institutions of higher learning, as the female population far …

Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg

Human Rights Brief

No abstract provided.

What Works In Race-Conscious Teacher Education? Reflections From Educators In The Field, Kerri Ullucci

Education Faculty Publications

This paper presents a study about how schools of education impact their students' ability to be successful in urban schools. What experiences--if any--in teacher education programs shape the development of race-conscious White teachers? To address her goal, the author conducted a qualitative study of six teachers currently employed in urban schools. All were considered excellent White teachers of children of color. Through a series of interviews, the author explored the ways race, culture, and diversity were addressed in their teacher education programs and whether the experiences were meaningful. Participants interacted with schools and communities in several different ways during their …

A Kiss Is Just A Kiss, Or Is It? A Comparative Look At Italian And American Sex Crimes, Alberto Cadoppi, Michael Vitiello

Seton Hall Law Review

No abstract provided.

Middle Eastern Studies Program Newsletter - V4.1, Middle Eastern Studies Program

Middle Eastern Studies Program - Newsletters

No abstract provided.

Constructing Legal Narratives: Law, Language And The Media, Jane Johnston, Rhonda Breit

Graduate School of Media and Communications

This paper proposes using the theory of narratology to connect legal discourses and processes with the way the media translate the law into news. Focussing on the Australian context, it looks at the choice of language used by media in covering courts, how stories are told and retold within these primarily textual environments, as well as the selection processes used by journalists in covering these rounds. The paper extends the argument for a narratology of courts, to a narratology of court reporting, suggesting fundamental criteria of story, discourse and the interpretative context be examined. It foreshadows the need for a …

"Annoying The Student With Her Rights:" Human Life Coram Hominibus; Reflections On Vocation, Hope, And Politics, Caryn D. Riswold

Intersections

No abstract provided.

International Law In Perplexing Times, Jeffrey L. Dunoff

Maryland Journal of International Law

No abstract provided.

“Globalized Philomels: State Patriarchy, Transnational Capital, And The Femicides On The Us-Mexican Border In Roberto Bolaño’S 2666”, M Laura Barberan Reinares

Publications and Research

No abstract provided.

University Of Dayton Magazine, Winter 2010, University Of Dayton Magazine

University of Dayton Alumni Publications

UD acquires new building for research institute,; alumna raises awareness of human trafficking, and Flyers' memorable sports moments.

Wang Hui, Plagiarism, And The Great Bourgeois Academic Cultural Revolution, Susan D. Blum

China Beat Blog: Archive 2008-2012

Another revolution is afoot in China, and it might even be considered cultural. But this one is about academic culture, as China’s slow-moving iceberg floats up against the glacial mass of “international” (read: Western) principles. The fallout is fascinating for observers, though in some cases tragic for the participants.

Seeing Through The Invisible Pink Unicorn, Andrew Stuart Abel, Andrew P. Schaefer

Sociology

This paper explores the quasi-religious aspects of the Invisible Pink Unicorn (IPU), an internet based spoof of religion. IPU message boards situate a moral orientation in an ongoing interactional process that sacralizes parody and an idealized form of “free thinking.” We employ content analysis and grounded theory to argue that IPU writers’ parody of religion serves as a ritual act and conclude our discussion by considering the implications of the findings for the literature on ritual.

Remixed Practice: Bollywood Dance And The Global Indian, Pallabi Chakravorty

Dance Faculty Works

No abstract provided.

Transnational Legal Pluralism, Peer Zumbansen

Comparative Research in Law & Political Economy

This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns with the fragmentation of law outside of the nation state. Within the nation-state, the discovery of legal pluralism inspired a larger contestation of concepts of legal formalism, of the alleged unity of the legal order and of the hierarchy of norms against the background of a consistently advancing process of constitutionalization. This research heightened regulators’ sensitivity to blind spots and exclusionary dynamics in the design of rights, leading inter alia to wide-ranging efforts to render more effective access to justice, …

Law, Economics, And Evolutionary Theory: State Of The Art And Interdisciplinary Perspectives, Peer Zumbansen, Gralf-Peter Calliess

Comparative Research in Law & Political Economy

This paper is the introduction essay to an edited collection entitled “Law, Economics, and Evolutionary Theory”, forthcoming with Edward Elgar. The volume brings together work by legal scholars, economists, historians and sociologists and aims at a critical investigation of the parallel and often competing theoretical architectures of legal and economic governance from an evolutionary perspective. By reconstructing discussions in law over the relationship between legal realism, law & society, and law & economics, and in economics over the merits and prospects of institutional and neo-institutional economics from an evolutionary perspective, the introduction argues that a theory of governance must today …

Outside, Hidden And In Between: Locating The Migrant Exotic Dancer In Canadian Legal Discourse And Regulatory Practice, Carolina Santos Ruiz Austria

Comparative Research in Law & Political Economy

This article examines how objections against commercial sex, re-positioned from religious and moral to secular and modernist stances, converge with Canada’s broader economic and immigration policies. It focuses specifically on immigrant women in exotic dancing and on the exotic dancer visa alongside other temporary work permits issued to women in the “dirty, dangerous and difficult” or “3-D” sectors. This intervention in feminist legal theory draws upon spatial analysis to provide a more profound engagement of the law’s discursive power beyond the rhetorical and symbolic by drawing attention to how law creates and shapes spaces in material terms.

Neither ‘Public’ Nor ‘Private’, ‘National’ Nor ‘International’: Transnational Corporate Governance From A Legal Pluralist Perspective, Peer Zumbansen

Comparative Research in Law & Political Economy

The paper is part of a larger research project on transnational private regulation, carried out under the auspices of Hague Institute for the Internationalisation of Law [HiiL] at University College Dublin, the European University Institute and Tilburg University. It addresses the regulatory challenges arising from a fast-growing body of norms produced by non-state actors in the transnational arena. Focusing on the example of corporate governance codes through a legal pluralist lens, the paper investigates the arguments that qualify corporate governance codes as either ‘soft’ law or as non-law and rejects this categorization with reference to the wide-ranging evidence of new …

Corporate Governance, Capital Market Regulation And The Challenge Of Disembedded Markets, Peer Zumbansen

Comparative Research in Law & Political Economy

Long before the current financial and economic crisis, corporate governance and securities regulation had become part of one of the most interesting and dynamic regulatory areas in law and policy making today. Both areas had been undergoing dramatic transformations over the past 30-40 years, which saw a global expansion of capital markets and a deep-running ‘financialisation’ of the corporation. Around the world governments saw themselves challenged to adapt their regulatory apparatus to the whims and hues of nervous investors with global sensitivities. Meanwhile, scholars in law, economics, but also political science and sociology fiercely debated whether what was unfolding constituted …

Review Essay – Emmanuel Melissaris’S Ubiquitous Law: Legal Theory And The Space For Legal Pluralism, Derek Mckee

Comparative Research in Law & Political Economy

Legal pluralism can be traced to early 20th century attempts to situate law in its social context. It later gained prominence as part of a moderate-left critique of the administrative-welfare state (and was echoed in right-wing economic critiques). In the last two decades, left and right visions of informality and pluralism have converged in a “governance” agenda, with a distinct global dimension. But the idea of making law respond to society, with which pluralism is closely associated, rests on a paradox. It presupposes the ability to identify something as law and something else as society. But each of these concepts …

The Conundrum Of Order: The Concept Of Governance From An Interdisciplinary Perspective, Peer Zumbansen

Comparative Research in Law & Political Economy

The term governance has made an impressive career in a number of disciplines concerned with regulation, order and law. This chapter draws on insights from legal studies, sociology, political science, anthropology, history and geography to paint a multifaceted picture of existing, competing and complementing approaches to the concept of governance. For reasons of space, the chapter can but point to the different variations on a theme, as governance occupies an ambivalent place in past and present discourses on political (or, legal or economic) order and society. It is argued that beyond pointing to crucial phases of methodological and theoretical transformation …