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Law And The Social Control Of American Capitalism, William J. Novak

Articles

This Essay is part of a larger, ongoing investigation of the role of law in the creation of a modern American state from 1877 to 1932. That project charts the decline of an early nineteenth-century world of local, common law self government (what I called in a previous work a “well-regulated society”) and the rise of a distinctly modern administrative regulatory state in the United States. This new legal-political regime was rooted in three interlinked developments: the centralization of public power; the individualization of private right; and the constitutionalization of the rule of law. Beginning soon after the Civil War, …

The Basic Law At 60 - Equality And Difference: A Proposal For The Guest List To The Birthday Party, Susanne Baer

Articles

The German constitution, named "Basic Law", has proven to work although many did not believe in it when it was framed. Others emphasize desiderata. Sabine Berghahn commented at the 50th birthday that it has developed "far too slowly and [some] has even gone completely wrong." ' Jutta Limbach, former President of the Federal Constitutional Court, observed that constitutional history was "anything but regal, but very difficult and full of obstacles. '' 2 Former Chancellor Willy Brandt famously called the constitution "a snail on thin ice." So what is missing when we analyze the Basic Law, and what should be finally …

Mulieris Dignitatem And The Exclusivity Of Marriage Under Law, Howard Bromberg

Articles

Jesus Christ established monogamy, the marriage of one man to one woman, as the canonical norm of his church and the juridical norm for all nations. This was a unique event in the history of the cultures and religions of the world. The Catholic Church has always defended its canonical norm of monogamy, often with great opposition. Through its influence, monogamy has been established as law in the Western world and in almost all cultures influenced by Western law and norms. The emerging jurisprudence of the United States, however, rejects any religious derivation as the basis of our laws. With …

The Informationist: Ten Years Later, Mark Aaron Polger

Publications and Research

The article explores the last 10 years of literature relating to Davidoff and Florance’s informationist concept. An informationist provides many of the same services as a medical librarian, is a permanent member of the clinical team, and resides on the clinical floors. The author explores the job functions of the informationist and examines whether this service has come to fruition. The author argues that the informationist service can only be fully realized in large academic health sciences libraries, large teaching hospitals, and medical research organizations such as the National Institutes of Health. To facilitate this argument, a questionnaire was distributed …

An Exploration Of American And Canadian Tourist Destination Images Of Cuba, Culum Richard Canally

Theses and Dissertations (Comprehensive)

Tourism in Cuba is thriving. Since 1991 the island has quickly become one of the top Caribbean tourist destinations. As a result tourism researchers have recently turned their attention towards investigating many facets of tourism on the island. However one omission in this growing corpus of research is the effect that politics has had on Cuba’s tourist destination image (TDI). In this study I explore how politics influences the evolution of tourist destination image. I also demonstrate that a critical constructivist paradigm can be used as an alternative to traditional positivist/postpositivist ways of researching tourist destination image. Finally I utilize …

Grounding Diaspora In Experience: Niagara Mennonite Identity, Cynthia Anne Jones

Theses and Dissertations (Comprehensive)

This qualitative case study grounds theoretical notions of diaspora in personal accounts of Russian Mennonites living on the Niagara peninsula of Canada. The focus is on successive, complex interrelationships with ‘place’ (in a fixed sense, and a globally connected sense), with attention to gender, generation, and life-stage. How have these individuals experienced diaspora, and how has this influenced their culture and identity? Interrelationships with place are examined within an analytical framework composed of three key elements as identified in diaspora literature: cultural hybridity, social heterogeneity (internal divisions), and responsibility flows. The results are both descriptive and theoretical, featuring first person …

Intentionality, Responsibility, And Social Grouphood, Sherisse Webb

Theses and Dissertations (Comprehensive)

This dissertation examines the theories of collectivity or social grouphood presupposed by accounts of collective intentionality, collective action and collective moral responsibility. I consider the intentionalist theories of social grouphood proposed by John Searle and Margaret Gilbert, Larry May’s conceptual account of social grouphood, and Paul Sheehy’s realist conception of social grouphoood. All three approaches are found to be problematic. The theories of Searle and Gilbert fail to adequately explain the causal relationship between collectives and their members, the heterogeneity of social groups and non-voluntary social groups; May’s theory is problematic insofar as it relies on sameness among individual group …

Racial And Ethnic Identity: Social Scientific And Biblical Perspectives In Dialogue, Ruth Anne Reese, Steven Ybarrola

The Asbury Journal

The first part of the paper lays out our understanding of ethnicity and race in light of current research from sociology and anthropology. The paper then turns to the New Testament material, and it examines "the Jews" as one ethnic group in the first century. This material is used to demonstrate that Christians also took on the language of ethnicity. The paper raises the question, "is there a Christian identity that both supersedes and subsumes ethnic identity?" It proposes that the answer to that question is, ''Yes, there is a Christian identity and ethos that supersedes ethnic identity." And, this …

Book Reviews, Frances Adeney, Gwinyai Muzorewa, Laurence W. Wood

The Asbury Journal

Ogbu U. Kalu, ed., Alaine Low, Associate ed.

Interpreting Contemporary Christianity: Global Processes and Local Identities

2008, Grand Rapids, MI: William B. Eerdmans Publishing Company

Reviewed by Frances Adeney

Afe Adogame, Roswith Gerloff and Klaus Hock, eds.

Christianity in Africa and the Africa Diaspora: the Appropriation of a Scattered Heritage

2008. London: Continuum International Publishing Group

Reviewed by Guinyai Muzorewa

Jehu J. Hanciles

Beyond Christendom: Globalization, African Migration, and the Transformation of the West

2008. Maryknoll, NY: Orbis Books

Reviewed by Guinyai Muzorewa

Thomas Jay Oord, ed.

Divine Grace and Emerging Creation, Wesleyan Forays in Science and Theology of Creation …

Poverty And Disability: The Need For Inclusion, Alexis Buettgen

Theses and Dissertations (Comprehensive)

Despite the fact that people with disabilities are disproportionately represented among the world’s poorest, they have been marginalized in poverty research and have had minimal involvement in poverty reduction strategies. The current study addresses this issue, by providing an opportunity for people with developmental disabilities to control and direct the research agenda, and to have an active voice on the topic of poverty and disability. Thus, the present study aims to support the development of poverty reduction strategies by raising key issues and breaking down barriers to participation for people with developmental disabilities. This study utilized a social power framework …

A Qualitative Examination Of Sport Transitions In First Year Collegiate Female Athletes, Carolyn Mcewen

Theses and Dissertations (Comprehensive)

First year student athletes transitioning from high school to university experience simultaneous transitions in athletics, academics, social lives, family structures, support systems, and peer sport groups. These changes in their personal, social and occupational lives, can impact them cognitively, emotionally and behaviourally (Taylor & Ogilvie, 1994). The purpose of this study was to qualitatively examine the multi-dimensional transition experience of first-year collegiate athletes transitioning to higher level sports. A sample of eleven female varsity hockey, basketball, or volleyball athletes participated in two semi-structured interviews at beginning of the season and midseason. The first series of interviews were conducted face-to-face, with …

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas C. Howson

Articles

In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People's Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People's Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …

The Basic Law At 60 - Introduction To The Special Issue, Susanne Baer, Christian Boulanger, Alexander Klose, Rosemarie Will

Articles

For Germany 2009 was a year of constitutional anniversaries: the first democratic constitution (Paulskirchenverfassung of 1849) was promulgated 160 years ago; the 1919 Weimar Constitution would have turned 90; and finally, the country celebrated 60 years of the Basic Law, which was proclaimed and signed in Bonn on 23 May 1949. Despite its birth in the midst of economic and political turmoil and widespread disillusion with politics, the Basic Law has come to be regarded as a "success story." As is well known, it was never meant to last - the very term "Grundgesetz" (basic law) indicated that it was …

Race Audits, Robin A. Lenhardt

Faculty Scholarship

The U.S. Supreme Court’s race jurisprudence suffers from a stunning lack of imagination where possibilities for meaningful local government involvement in combating structural racial inequality are concerned. Cases such as Parents. and Ricci limit dramatically the freedom that localities have to address racial inequity within their borders. Instead of constraints on local efforts in the race context, Professor Lenhardt argues that what we need, if persistent racial inequalities are ever to be eliminated, is greater innovation and experimentation. In this article, Professor Lenhardt thus introduces an extra-judicial tool called the race audit, which would permit individual cities or a regional …

Comparative Tax Law: Theory And Practice, Reuven S. Avi-Yonah, Guy Inbar, Omri Marian, Linneu Mello

Articles

On 3 October 2009, a Conference on Comparative Tax Law in Theory and Practice took place at the University of Michigan Law School. It was organized by Reuven Avi-Yonah (Professor, University of Michigan Law School) and Mathias Reimann (Editor, American Journal of Comparative Law and Professor, University of Michigan Law School), and was attended by Hugh Ault (Professor of Law, Boston College Law School), Victor Thuronyi (Senior Counsel, International Monetary Fund), Brian Arnold (Professor Emeritus, University of Western Ontario), William Barker (Professor, The Dickinson School of Law, Penn State), Michael Livingston (Professor, Rutgers School of Law-Camden), Carlo Garbarino (Professor of …

Lost Children: The Abuse And Neglect Of Minors In Polygamous Communities Of North America, Kelly R. Schwab

Cardozo Journal of Equal Rights & Social Justice

The note examines the challenges of addressing child abuse in polygamous communities, highlighting the tension between religious freedom and child protection. It argues that while religious beliefs are protected under the First Amendment, religious conduct, such as polygamy, should not be exempt from legal scrutiny when it harms children. The author advocates for courts to prioritize children's best interests over religious practices, especially in cases involving criminal activities like polygamy.

2010-2011 Lindenwood University Lcie Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University LCIE Course Catalog

2010-2011 Lindenwood University Undergraduate Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University Undergraduate Course Catalog

2010-2011 Lindenwood University-Belleville Course Catalog, Lindenwood University

Course Catalogs

Lindenwood University-Belleville Course Catalog

A Phenomenological Inquiry Of Chronic Homeless Individuals' Challenges To Independence, Dewana Hall

Walden Dissertations and Doctoral Studies

Homelessness is a comprehensive social problem affecting approximately 744,000 people in the U.S. Despite consistent efforts from politicians, state and local leaders, and service providers, the number of homeless people continues to rise. Although there are some explanations in the literature to account for the increase of homelessness, the literature tends to not include the voices of the homeless themselves. The purpose of this phenomenological study, which used Maslow's hierarchy of needs as its conceptual framework, was to understand the life experiences of members of the homeless population, as perceived by four male residents of a mission in an eastern …

Clusters And Upgrading: A Purposeful Approach, Gerald A. Mcdermott, Héctor O. Rocha

Faculty Publications

We develop a theoretical model to investigate how backward societies can improve their upgrading capabilities by transforming existing industrial agglomerations into dynamic clusters. Our main assumptions are two: first, emerging market economies are not uniform but characterized by variety of subnational regional and sectoral organizational and institutional configurations; second, the basic building block and unit of explanation in social sciences is personal action guided by some intention, which is heterogeneous across different actors. Based on these assumptions and the literature on human motives and social networks, we develop a purposeful approach to clusters and upgrading. We argue that governments can …

Racism And Biopower, Ladelle Mcwhorter

Philosophy Faculty Publications

While ignorance, or at least a lack of clear and distinct experience, does not seem to have stopped our predecessors from philosophizing about all manner of things from matter to immortal souls, in the latter half of the twentieth century North American philosophers became increasingly timid about advancing propositions based primarily not on logic informed by material evidence but on intuition, creative imagination, and passionate desire. By the 1960s our generation's teachers and mentors, perhaps battered by the McCarthy years or humbled by the dazzling successes of their colleagues in the "hard" sciences, had redrawn the disciplinary boundaries tightly enough …

Racism, Eugenics, And Ernst Mayr’S Account Of Species, Ladelle Mcwhorter

Philosophy Faculty Publications

At his death at age one hundred in 2005, Ernst Mayr was hailed as the greatest evolutionary biologist of the twentieth century. His definition of species, published in 1942 in Systematics and the Origin of Species and known as the “biological species concept,” is familiar to every tenth grader: “Species are groups of interbreeding natural populations that are reproductively isolated from other such groups.” That definition, together with Mayr’s and Theodosius Dobzhansky’s theory of speciation, enabled the integration of modern genetics and Darwinian evolutionary theory. In this paper I will argue that it imported racism into the heart of modern …

Prolonged Injustice In Urban America, Jametta Magwood, Edith M. Williams, Saundra H. Glover

Faculty Publications

Environmental inequality is the suggestion that the working class, the poor, persons of color, and ultimately the economically disadvantaged are subjected to living conditions that may prove to be hazardous both personally, professionally, and also to the infrastructure of the urban communities that these people inhabit. These injustices affect not only housing but education, quality healthcare access, and access to employment. This article investigates the distinct relationship of environmental inequalities imposed in urban communities that are promoted by a prominent institution: the government. It has been suggested that the government is primarily controlled by individuals who are incapable of identifying …

Transcending Cultural Nationalist And Internationalist Tendencies: The Case For Mutually Beneficial Repatriation Agreements, Joshua S. Wolkoff

Cardozo Journal of Conflict Resolution

This Note will proffer a critical evaluation of the Italian government's current tactics for reclaiming its patrimony and argue that MBRAs are the most desired framework for resolving repatriation disputes, as they give rise to lasting collaborative relationships between source nations and cultural institutions and strive to keep valued works in the "public trust" without diminishing traditionally insular cultural identities. Thus, successful negotiations must account for competing interests including, inter alia: (i) the emotional currency of the object as assessed from the perspective of the source nation; (ii) the institution's desire to keep disputed works within the public sphere; (iii) …

Blackboard Jungle: Delinquency, Desegregation, And The Cultural Politics Of Brown, Anders Walker

All Faculty Scholarship

In 1955, Metro-Goldwyn-Mayer released a controversial film about juvenile delinquency entitled Blackboard Jungle. Georgia Governor Ernest Vandiver subsequently used the film as a metaphor for what would happen to southern schools were Brown v. Board of Education enforced, marking the beginnings of a much larger campaign to re-articulate southern resistance to integration in popular terms. Taking the intersection between discourses of delinquency and desegregation at mid-century as a starting point, this article advances three claims. One, the NAACP’s reliance on sociological evidence in Brown was a strategic attempt to align black interests with concerns over child development popular at the …

Unpopular Archives, Karen M. Morin

Faculty Journal Articles

No abstract provided.

The Constitution Of Toussaint, Michael J. Drexler, Ed White

Faculty Journal Articles

No abstract provided.

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Montana Law Review

Spatial Inequality as Constitutional Infirmity

The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis

Montana Law Review

The Legal Needs of Farmers