Digital Commons Network^™

Introduction: The Place Of Agencies In Polarized Government, Cynthia R. Farina, Gillian E. Metzger

Faculty Scholarship

Peter Strauss's The Place of Agencies in Government: Separation of Powers. and the Fourth Branch reshaped contemporary thinking about the constitutionality of federal administrative government. When the article appeared in 1984, the Reagan Revolution was in full swing. Reagan's overtly antiregulatory policy stance and his Administration's advocacy of a highly formalist and originalist style of constitutional interpretation fundamentally challenged the post-New Deal administrative state. Aggressive interpretation of Article II led to controversial strategies of White House control: centralized rulemaking review, appointment of agency heads loyal to the President's (anti)regulatory agenda, and attacks on institutions of administrative independence such as the …

The Struggle For Administrative Legitimacy, Jeremy K. Kessler

Faculty Scholarship

Nearly forty years ago, Professor James 0. Freedman described the American administrative state as haunted by a "recurrent sense of crisis." "Each generation has tended to define the crisis in its own terms," and "each generation has fashioned solutions responsive to the problems it has perceived." Yet "a strong and persisting challenge to the basic legitimacy of the administrative process" always returns, in a new guise, to trouble the next generation. On this account, the American people remain perennially unconvinced that administrative decisionmaking is "appropriate, proper, and just," entitled to respect and obedience "by virtue of who made the decision" …

The Felt Sense Of Interconnectedness: A Qualitative Analysis Of Perceptions On Finding Resilience In The Aftermath Of Trauma Using The Mind-Body Connections Of Yoga, Ashley Collette

Theses and Dissertations (Comprehensive)

Members and veterans of the military are at an increased risk of exposure to traumatic experiences due to the very nature of their occupation. The most recent statistics on Canada’s deployment to Afghanistan show that 13.2% of the (Canadian Armed Forces (CAF) members deployed have been diagnosed with a mental injury within a five year follow up period of redeployment from the theatre of operations. The present preliminary study was designed to examine Yoga as a therapeutic intervention for trauma in a population of CAF members and veterans. The author interviewed 4 service providers and 2 service users of Yoga-based …

The Rise And Fall Of Canada's Cold War Air Force, 1948-1968, Bertram C. Frandsen

Theses and Dissertations (Comprehensive)

This thesis examines the expansion of the Royal Canadian Air Force (RCAF) under the St. Laurent government with the concept of the Big Air Force that emerged from the defence re-armament programme announced on 5 February 1951. During this critical Cold War period, the RCAF became Canada’s first line of defence, making an essential contribution to the collective defence of Western Europe through the North Atlantic Treaty Organization. Concurrently, the RCAF underwent tremendous expansion in Canada contributing to North American defence, along with significant increases in its training, maritime and transport capabilities. The RCAF developed into the largest military service …

Prudence (The Custard Protocol: Book One), By Gail Carriger. Reviewed By Robin Jones., Robin Jones

Mythprint Book Reviews

Mythprint is the quarterly bulletin of the Mythopoeic Society, a nonprofit educational organization devoted to the study, discussion, and enjoyment of myth and fantasy literature, especially the works of J.R.R. Tolkien, C.S. Lewis, and Charles Williams. To promote these interests, the Society publishes three magazines, maintains a World Wide Web site, and sponsors the annual Mythopoeic Conference and awards for fiction and scholarship, as well as local discussion groups.

The Story Which He Never Stops Telling Himself: Autobiography, Narrative Community, And The Deconstruction Of Selfhood In Virginia Woolf's The Waves, Melodie Roschman

Honors Theses

This paper examines narrative, biography, and selfhood in Virginia Woolf's The Waves (1931). The novel, a "play-poem," follows six friends' monologues from childhood to death. I analyze aspiring writer Bernard from his childhood of telling stories about companions to his inability to narrate his autobiography, arguing that he fails because he has no self to narrate. Referencing Jacques Derrida's Of Grammatology's (1974) theory of the deconstructed self identifiable only in conversation, I argue that Bernard destroys his identity by silencing his friends and becoming the sole speaker; Woolf's biographical theory thereby establishes the communal self, prefiguring tenets of postmodern philosophy.

A Comparative Study Of The Concept Of Atonement In The Aboakyer Festival Of The Effutu Tribe In Ghana And The Yom Kippur Festival Of The Old Testament: Implications For Adventist Mission Among The Effutu, Emmanuel H. Takyi

Dissertations

Statement of Problem

History records that Christian missions have operated in Winneba since 1865 with various approaches being used to share the gospel with the Effutu. Though there have been successes, allegiance of the Effutu to their tribal gods, manifested especially during the Aboakyer festival, raises the need for a missiological bridge or intervention for an effective contextualized ministry among the Effutu of Winneba.

Purpose of Study

This research aims to develop a missiological model based on a comparative study of the OT Yom Kippur festival and the Effutu Aboakyer festival that will potentially facilitate more effective Adventist mission among …

The Current Theological Debate Regarding Eternal Punishment In Hell And The Immortality Of The Soul, Jiří Moskala

Andrews University Seminary Studies (AUSS)

No abstract provided.

The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman

Faculty Publications

No abstract provided.

Still Innocents Abroad: The Relationship Between Anti-Americanism And American Foreign Policy In The Middle East, Kelly Kennedy

Honors Theses

In this thesis, the author examined the relationship between anti-American sentiment and U.S. foreign policy in the Middle East. The author first constructed a literature review on anti-Americanism, including sections discussing its definition, conceptualization, measurement techniques, and known sources. From this literature review, the author created her own definition of anti-Americanism and a hypothesis that anti-Americanism is endogenous to U.S. foreign policy—anti-Americanism may increase or decrease depending on changes to U.S. foreign policy in the Middle East. The author then used a quantitative comparison of survey data and two qualitative case studies to test her hypothesis. The comparison of survey …

"Goodbye, Old Arm": The Domestication Of Veterans' Disabilities In Civil War Era Popular Songs, Devin Burke

Faculty and Staff Scholarship

IN October of 1863, two years into the Civil War, a short editorial titled "Empty Sleeves" appeared on the front page of the Staunton Spectator.1 It addressed a question that had become familiar in the wake of the war's unprecedented violence; namely, how to encounter, or how to look at (in both the literal and figurative senses), the quickly growing population of veterans whose injuries marked them as "disabled:' This question could be cause for considerable anxiety in able-bodied Americans whose beliefs were shaped by Victorian and muscular Christian values.

The Disintegration Of Yugoslavia And Football, Adnan Kajtezović

Dissertations and Theses @ UNI

The Socialist Federal Republic of Yugoslavia was a multi-national state, consisting of six republics and two autonomous regions. However in 1991, the country descended into a tragic and bloody civil war, causing over two hundred thousand deaths and the migration of thousands. The disintegration of Yugoslavia produced seven independent countries: Serbia, Croatia, Slovenia, Bosnia and Herzegovina, Macedonia, Montenegro and Kosovo.

The disintegration of Yugoslavia has been analyzed from different analytical perspectives. This project utilizes the analytical context of Yugoslavian popular culture, and focuses on the most popular sport in the country, football. Football is analyzed in two historical periods of …

Introduction: Toward Voice And Reflexivity, Olivier De Schutter, Katharina Pistor

Faculty Scholarship

In their introductory chapter, De Schutter and Pistor argue that in light of increasing absolute and relative scarcity of land and fresh water there is urgent need to improve the governance of these and other essential resources. Emphasizing “essentiality” shifts the debate from allocative efficiency to normative concerns of equity and dignity. Essential resources are indispensable for survival and/or for meaningful participation in a given community. Their allocation therefore cannot be left to the pricing mechanism alone. It requires new parameters for governance. The authors propose Voice and Reflexivity as the key parameters of such a regime. Voice is …

America’S Forgotten Nuclear Waste Dump In The Pacific, Michael B. Gerrard

Faculty Scholarship

During the Cold War the United States detonated sixty-seven nuclear weapons over the atolls of Bikini and Enewetak in the Marshall Islands. In the late 1970s the United States addressed the massive amount of residual contamination by abandoning Bikini as permanently uninhabitable and pushing much of the waste at Enewetak into the open lagoon. Much of the plutonium was dumped into the crater that had been left by an atomic bomb explosion, and then covered with a thin shell of cement. The resultant “Runit dome” sits unmarked and unguarded in a small island and one day will be submerged by …

Facing Terror Together: Public Agents And Civic Worth, Ekow N. Yankah

Articles

No abstract provided.

Camp, Combat, And Campaign: North Carolina's Confederate Experience, Peter R. Thomas Jr.

UNF Graduate Theses and Dissertations

This research examines a sample of North Carolina Confederates as they transitioned from citizen to soldier between 1861 and 1863 during the American Civil War, and it questions how levels of commitment and devotion emerged during this transformation. North Carolina Confederates not only faced physical and emotional challenges as they transitioned from citizen to soldier, but also encountered social obstacles due to the strict social order of the Old South. Orthodoxy maintains this social dissent hindered any form of solidarity among North Carolina Confederates. The question remains, though, why did so many North Carolinians remain committed to the Confederacy until …

Police On Camera: The Impact Of Watching User-Generated Police Videos On Students’ Attitudes Towards The Police, Daniel N. Smith

Theses and Dissertations (Comprehensive)

This research investigated the impact of user-generated videos on students’ attitudes towards the police. A survey was conducted at Wilfrid Laurier University in Brantford and was administered to 200 students consisting of a number of control variables such as age, race, police contact, and neighbourhood context, along with measurements of attitudes towards the police. It measured online video viewing habits along with familiarity of three online videos. Multivariate analysis showed that watching user generated videos had little to no impact on students attitudes towards the police. The analysis showed that police contact was the most influential factor in impacting attitudes …

“…Tamquam Civili Causa” – The Reception Of Vegetius And Frontinus In Geremia Da Montagnone’S Compendium Moralium Notabilium, Aaron J. Bolarinho

Theses and Dissertations (Comprehensive)

This thesis explores the transmission of the Epitome Rei Militaris of Publius Flavius Vegetius Renatus and the Strategemata of Sextus Iulius Frontinus in the Compendium Moralium Notabilium. Completed by Paduan judge Geremiah of Montagnone in around 1310, the Compendium Moralium Notabilium is a large medieval florilegium contemporary with Thomas of Ireland’s Manipulus Florem. The Compendium is distinct from typical medieval florilegium due to its lay author, its internal organisation, and its inclusion of many classical Roman and Greek authors as well as common Italian proverbs and secular liturature. The Compendium also includes over 199 distinct selections from the military manuals …

Comparing Islamism, Fascism, And Communism, Martin W. Slann

Politics, Philosophy, and Law Faculty Publications and Presentations

The character of totalitarian systems is at all times an emphasis on control, primarily the control and manipulation of the individual. Communism, fascism, and Islamism are all willing (and, at times, even eager) to delay or ignore economic advancement and scientific progress if either would compromise control or diminish power. In fact, it is often the mission of totalitarians to vanquish economic and scientific progress if at possible since they both interfere with or systematically undermine control.

Three Arguments About War, Robert L. Tsai

Faculty Scholarship

The rise of the United States as a military power capable of mounting global warfare and subduing domestic rebellions has helped produce a corresponding shift in the language of liberal constitutionalism. Arguments invoking war have become prevalent, increasingly creative and far-reaching, and therefore an emerging threat to rule of law values. It is not only legal limits on the capacity to wage war that have been influenced by the ascendance of war-inspired discourse; seemingly unrelated areas of law have also been reshaped by talk of war, from the constitutional rules of criminal procedure to the promise of racial and sexual …

Surveillance As Loss Of Obscurity, Woodrow Hartzog, Evan Selinger

Faculty Scholarship

Everyone seems concerned about government surveillance, yet we have a hard time agreeing when and why it is a problem and what we should do about it. When is surveillance in public unjustified? Does metadata raise privacy concerns? Should encrypted devices have a backdoor for law enforcement officials? Despite increased attention, surveillance jurisprudence and theory still struggle for coherence. A common thread for modern surveillance problems has been difficult to find.

In this article we argue that the concept of ‘obscurity,’ which deals with the transaction costs involved in finding or understanding information, is the key to understanding and uniting …

The Legality Of Executive Orders 13628 And 13645: A Bipartite Analysis, Judson Bradley

Emory International Law Review

Judson Bradley argues that recent American sanctions threaten third-party states and innocent Iranians. To comply with international law, the United States should eliminate provisions directly regulating non-U.S. citizens' conduct outside the United States while simultaneously limiting the scope of prohibited conduct. Under international law, a state's authority to impose sanctions is correlated to international law's recognition of sovereignty. But legality is seldom tied to human rights. Bradley connects Executive Orders 13628 and 13645 and human rights concerns. Addressing these Orders, Bradley clarifies the meaning of 'sanction' and focuses on the traditional principles establishing jurisdiction'nationality and territoriality. Because sovereignty and human …

The Catholic Church As A Cultivator Of Conscience: Toward Empowering Students To Be Agents Of The Maturation And Formation Of Their Consciences, Patrick O'Kernick

Jesuit Higher Education: A Journal

Many Catholic students at Jesuit institutions of higher education will face a crisis in which Catholic identity seems to stand in the way of personal moral growth. The superego-ish conscience of the young adult struggles to mature as she undergoes experiences of expanding social horizons, cognitive-emotive depth, and personal agency. As this maturation begins, Catholic identity often seems to be moral deadweight—to the young adult—as the church seems to be a hopelessly compromised institution pontificating all too often the wrong values without credible foundation. This experience finds support in a popular trope today—advanced in an organized way by groups like …

Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane

Faculty Scholarship

This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …

Contemporary Practice Of The United States Relating To International Law, January 2015, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations

The United States, In Comparative Counter-Terrorism, Sudha Setty

Faculty Scholarship

The United States, like all other democratic nations that have suffered terrorist attacks, continues to struggle with questions of how to keep its population safe while maintaining the principles of democracy and the rule of law. This Book Chapter discusses the United States' counterterrorism policies, particularly since the September 11 terrorist attacks, and the resulting changes in societal viewpoints, political agendas, and the legal authority to combat terrorism and threats of terrorism.

The government’s aggressive counterterrorism stance has influenced actions and policies outside the United States. The Author’s exploration of counterterrorism policies in the United States include: criminal law and …

Introduction, Maxwell J. Mehlman, Daniel Vallejo

Case Western Reserve Journal of International Law

No abstract provided.

U.S. Military Use Of Non-Lethal Weapons: Reality Vs Perceptions, Susan D. Levine, Joseph A. Rutigliano Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Nonlethal Weapons, Noncombatant Immunity, And The Principle Of Participatory Liability, Michael L. Gross

Case Western Reserve Journal of International Law

No abstract provided.

Lethal Autonomous Weapons And Jus Ad Bellum Proportionality, Heather M. Roff

Case Western Reserve Journal of International Law

No abstract provided.