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2019

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Driving Toward Autonomy? The Fbi In The Federal System, 1908-1960, Daniel C. Richman, Sarah Seo Jan 2019

Driving Toward Autonomy? The Fbi In The Federal System, 1908-1960, Daniel C. Richman, Sarah Seo

Faculty Scholarship

This paper explains the growth of the FBI (“Bureau”) in the United States at a time when criminal justice was largely a local matter by reframing the criminal justice “(eco)system” in terms of informational economy, rather than jurisdictional authority. It argues that the Bureau came to occupy a key position in the national law enforcement ecosystem by providing an informational infrastructure that enabled it to cultivate relationships with local police agencies. This history offers two insights about the nature of American state and federalism in the twentieth century. First, the Bureau’s particular strategy for enlarging its capacity beyond its small …

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Concert Recording 2019-11-21, Ashton Johnson, Kristine Mezines, Jonathan Catron, Nathan Loomis, Benjamin Grief Jan 2019

Concert Recording 2019-11-21, Ashton Johnson, Kristine Mezines, Jonathan Catron, Nathan Loomis, Benjamin Grief

Concert Recordings & Programs

[00:00]. Sonata for trombone and piano. I. Allegro maestoso ; II. Adagio ; III. Allegro giocoso / Eric Ewazen -- [19:05]. The Lord's prayer / Albert Hay Malotte -- [22:09]. A la maniere de Bach pour trombone et piano / Jean-Michel DeFaye -- [25:45]. Have yourself a merry little Christmas / Hugh Martin.

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Concert Recording 2019-02-07b, Benjamin Grief, Sophie Lopez, Rachel Hawk, Mickel Gordon, Daniel Crawford, Onah Kim, Nathan Loomis, Jordan Alimena, Blake Manternach, Jonathan Catron, Ashton Johnson, Hyun Kim, Bailey Fry, Michael Hallock Jan 2019

Concert Recording 2019-02-07b, Benjamin Grief, Sophie Lopez, Rachel Hawk, Mickel Gordon, Daniel Crawford, Onah Kim, Nathan Loomis, Jordan Alimena, Blake Manternach, Jonathan Catron, Ashton Johnson, Hyun Kim, Bailey Fry, Michael Hallock

Concert Recordings & Programs

[00:00]. Trois melodies, op. 7. Après un rêve from / Gabriel Fauré -- [03:03]. The little horses / Aaron Copland -- [05:31]. Four serious songs, op. 121. Denn es genet den Menschen wie dem Vieh / Johannes Brahms -- [09:29]. War song no. 2 / Charles Ives -- [09:29]. Rusalka. Song to the moon / Antonin Dvořák -- [15:39]. Prison / Gabriel Fauré -- [18:30]. Four serious songs, op. 121. O Tod, wie bitter bist du / Johannes Brahms -- [22:45]. Dreams / Charles Ives -- [26:05]. Der Erkönig / Schubert.

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The Core Corporate Governance Puzzle: Contextualizing The Link To Performance, Merritt B. Fox, Ronald J. Gilson, Darius Palia Jan 2019

The Core Corporate Governance Puzzle: Contextualizing The Link To Performance, Merritt B. Fox, Ronald J. Gilson, Darius Palia

Faculty Scholarship

There is a puzzle at the core of corporate governance theory. Prior scholarship reports a strong relationship between firms best at creating shareholder value and those rated highly by the established corporate governance indices. Little work explores why, however. We hypothesize that the link between governance and performance depends centrally on context. We illustrate the importance of context by exploring circumstances when a firm's governance structure can operate as a signal of the quality of its management. The idea is that better managers are on average more likely to choose a highly rated governance structure than are bad managers because …

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Concert Recording 2019-01-31b, Laura Speer, Shiloh Jones, Ginny Hudson, Kara Butler, Sarah Mesko, Dominique Phillips, Stephanie Richardson, Kalyn Cavalier, Abby Trinidad, Hyun Kim Jan 2019

Concert Recording 2019-01-31b, Laura Speer, Shiloh Jones, Ginny Hudson, Kara Butler, Sarah Mesko, Dominique Phillips, Stephanie Richardson, Kalyn Cavalier, Abby Trinidad, Hyun Kim

Concert Recordings & Programs

[00:00]. Syrinx / Claude Debussy -- [02:13]. Bye bye Birdie. How lovely to be a woman / Strouse & Adams -- [04:50]. Love after 1950. Big sister says / Libby Larson -- [07:33]. Flower drum song. I enjoy being a girl / Rodgers & Hammerstein -- [09:13]. Danza de la mariposa / Valerie Coleman -- [16:18]. The French clock / Franz Bornschein ; arranged by Charlet Cellars -- [18:54]. You are my sunshine / Jimmie Davis -- [21:45]. I'll fly away / Albert E. Brumley -- [24:08]. Carmen. Habañera / Georges Bizet -- [27:27]. Anyone can whistle. Everybody says don't …

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The Hidden Costs Of Dissent, Robert L. Tsai Jan 2019

The Hidden Costs Of Dissent, Robert L. Tsai

Faculty Scholarship

This essay appears as part of a symposium dedicated to the book, ROBERT L. TSAI, PRACTICAL EQUALITY: FORGING JUSTICE IN A DIVIDED NATION (W.W. Norton 2019), and published in CONSTITUTIONAL COMMENTARY. In it, I jointly respond to two separate review essays by Franita Tolson and Nelson Tebbe. First, I emphasize that the book presents not a comprehensive theory of equality, i.e., what egalitarianism should look like under ideal conditions, but instead an account of egalitarian ethics and a menu of work-arounds that can be useful to promote egalitarian goals under more trying circumstances. Second, as to the concern that over-reliance …

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Manufactured Emergencies, Robert L. Tsai Jan 2019

Manufactured Emergencies, Robert L. Tsai

Faculty Scholarship

Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce …

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Existential Copyright And Professional Photography, Jessica Silbey, Eva Subotnik, Peter Dicola Jan 2019

Existential Copyright And Professional Photography, Jessica Silbey, Eva Subotnik, Peter Dicola

Faculty Scholarship

Intellectual property law has intended benefits, but it also carries certain costs — deliberately so. Skeptics have asked: Why should intellectual property law exist at all? To get traction on that overly broad but still important inquiry, we decided to ask a new, preliminary question: What do creators in a particular industry actually use intellectual property for? In this first-of-its-kind study, we conducted thirty-two in-depth qualitative interviews of photographers about how copyright law functions within their creative and business practices. By learning the actual functions of copyright law on the ground, we can evaluate and contextualize existing theories of intellectual …

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Byrd V United States: Unauthorized Drivers Of Rental Cars Have Fourth Amendment Rights? Not As Evident As It Seems, Tracey Maclin Jan 2019

Byrd V United States: Unauthorized Drivers Of Rental Cars Have Fourth Amendment Rights? Not As Evident As It Seems, Tracey Maclin

Faculty Scholarship

No discerning student of the Supreme Court would contend that Justice Anthony Kennedy broadly interpreted the Fourth Amendment during his thirty years on the Court. His majority opinions in Maryland v. King, Drayton v. United States and his willingness to join the three key sections of Justice Scalia’s opinion in Hudson v. Maryland, which held that suppression is never a remedy for knock-and-announce violations, are just a few examples of Justice Kennedy’s narrow view of the Fourth Amendment.

In light of his previous votes in search and seizure cases, surprisingly Justice Kennedy, in what would be his final Fourth Amendment …

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Reparations For Central American Refugees, Sarah R. Sherman-Stokes Jan 2019

Reparations For Central American Refugees, Sarah R. Sherman-Stokes

Faculty Scholarship

In the midst of vicious and unrelenting attacks on Central American asylum seekers in the United States, this Article seeks to understand historic and present-day patterns of animus and discrimination facing this group of refugees, and to propose solutions. This Article begins by examining decades of prejudice faced by Central American asylum seekers, as well as attempts to right those wrongs through litigation, legislation, and the creation of Temporary Protected Status (TPS). Next, this Article identifies the predominant push and pull factors driving Central American refugees north—and the U.S. role in creating them. The Article then lays out the impact …

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Digital Platforms And Antitrust Law, Keith N. Hylton Jan 2019

Digital Platforms And Antitrust Law, Keith N. Hylton

Faculty Scholarship

This Article is about "big data" and antitrust law. Big data, for my purposes, refers to digital platforms that enable the discovery and sharing of information by consumers, and the harvesting and analysis of consumer data by the platform. The obvious example of such a platform is Google. The big platforms owe their market dominance not to anticompetitive conduct, but to economies of scale. This Article discusses three types of anticompetitive conduct associated with digital platforms: kill zone expropriation, acquisition of nascent rivals, and denial of access to data. There is nothing so unusual about digital platforms that would require …

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Stirring The Pot: A Response To Rothman's Right Of Publicity, Stacey Dogan Jan 2019

Stirring The Pot: A Response To Rothman's Right Of Publicity, Stacey Dogan

Faculty Scholarship

Any commentary on Jennifer Rothman’s terrific book has to begin with a compliment to her extraordinary commitment to the right of publicity. For the uninitiated, her website, Rothman’s Roadmap to the Right of Publicity, provides a treasure trove of information about the right of publicity in each of the fifty states. Professor Rothman has also written several articles and a number of excellent amicus briefs in some of the most important right-of-publicity cases in recent years. Finally, this latest contribution—her book—harnesses this exhaustive research and presents it as a historical narrative that is comprehensive, thoughtful, and readable. This book will …

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On The Generalized Log Burr Iii Distribution: Development, Properties, Characterizations And Applications, Fiaz Ahmad Bhatti, Gholamhossein Hamedani, Azeem Ali, Munir Ahmad Jan 2019

On The Generalized Log Burr Iii Distribution: Development, Properties, Characterizations And Applications, Fiaz Ahmad Bhatti, Gholamhossein Hamedani, Azeem Ali, Munir Ahmad

Mathematical and Statistical Science Faculty Research and Publications

In this paper, we present a generalized log Burr III (GLBIII) distribution developed on the basis of a generalized log Pearson differential equation (GLPE). The density function of the GLBIII is exponential, arc, J, reverse-J, bimodal, left-skewed, right- skewed and symmetrical shaped. The hazard rate function of GLBIII distribution has various shapes such as constant, increasing, decreasing, increasing-decreasing, upside- down bathtub and modified bathtub. Descriptive measures such as quantile function, sub- models, ordinary moments, moments of order statistics, incomplete moments, reliability and uncertainty measures are theoretically established. The GLBIII distribution is characterized via different techniques. Parameters of the GLBIII distribution …

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Imaging Technologies And Strategies For Detection Of Extant Extraterrestrial Microorganisms, Jay Nadeau, Manuel Bedrossian, Chris Lindensmith Jan 2019

Imaging Technologies And Strategies For Detection Of Extant Extraterrestrial Microorganisms, Jay Nadeau, Manuel Bedrossian, Chris Lindensmith

Physics Faculty Publications and Presentations

There is no reductionist definition of life, so the way organisms look, behave, and move is the most definitive way to identify extraterrestrial life. Life elsewhere in the Solar System is likely to be microbial, but no microscope capable of imaging prokaryotic life has ever flown on a lander mission to a habitable planet. Nonetheless, high-resolution microscopes have been developed that are appropriate for planetary exploration. Traditional light microscopy, interferometric microscopy, light-field microscopy, scanning probe microscopy, and electron microscopy are all possible techniques for the detection of extant micro-organisms on Mars and the moons of Jupiter and Saturn. This article …

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Design Of An Arduino Based Smart Home System, Qi Lu Jan 2019

Design Of An Arduino Based Smart Home System, Qi Lu

Graduate Research Papers

Smart home is a home setup where smart appliances can be controlled remotely using networked devices. It has gained widely attentions due to its flexible integrations. However, not everyone is willing to upgrade their old home appliances to smart ones. One alternative solution is to design and implement a wireless controlled smart system that could utilize existing home appliances. This project aims to design an Arduino based smart home system. The system may upgrade existing appliances into smart home devices by integrating the wireless capability through XBee modules and low-cost Arduino boards.

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A Feasibility Study On Utilizing Data Science As An Advanced Lean Manufacturing Tool In The Biopharma Manufacturing Sector, Tanya Heerts Jan 2019

A Feasibility Study On Utilizing Data Science As An Advanced Lean Manufacturing Tool In The Biopharma Manufacturing Sector, Tanya Heerts

Graduate Research Papers

The critical understanding, on which all else hinges in the biopharmaceutical industry, is that value is only added when a drug or a biologic is produced as a safe, efficacious first-pass product, in an efficient and effective manner. Every other activity is an expense and a cost to the company. In a tightly regulated industry that is facing turbulent times, the need to reconcile rising costs while still maintaining quality within the processes and products is imperative within the biopharma manufacturing sector. Current literature suggests that data science will have major implications in the future of biopharmaceutical manufacturing, however this …

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Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars Jan 2019

Data Generated By New Technologies And The Law: A Guide For Massachusetts Practitioners, Andrew Sellars

Faculty Scholarship

This brief paper, created as part of a training on new technologies and evidence for MCLE New England, outlines the standards used to compel disclosure of information under the Stored Communication Act, and reviews the types of data stored on various consumer devices and their likely custodians, as well as cases and notes relevant to each devices. The paper serves as a quick introduction and checklist for those considering gathering information from these devices in the course of investigations in Massachusetts. The devices outlined include cell phones, social media platforms, secure messaging services, fitness trackers, home assistant devices (or "smart …

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Situational Judgment Tests As Measures Of 21st Century Skills: Evidence Across Europe And Latin America, Gary Burkholder, Filip Lievens, Emily Solberg, Jan Harbaugh Jan 2019

Situational Judgment Tests As Measures Of 21st Century Skills: Evidence Across Europe And Latin America, Gary Burkholder, Filip Lievens, Emily Solberg, Jan Harbaugh

Walden Faculty and Staff Publications

Over the years, various governmental, employment, and academic organizations have identified a list of skills to successfully master the challenges of the 21st century. So far, an adequate assessment of these skills across countries has remained challenging. Limitations inherent in the use of self-reports (e.g., lack of self-insight, socially desirable responding, response style bias, reference group bias, etc.) have spurred on the search for methods that could complement or even substitute self-report inventories. Situational judgment tests (SJTs) have been proposed as one of the complements/alternatives to the traditional self-report inventories. SJTs are low-fidelity simulations that confront participants with multiple domainrelevant …

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The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed Jan 2019

The Sanctuary Of Prosecutorial Nullification, Zohra Ahmed

Faculty Scholarship

In the aftermath of the 2016 election, the shortcomings of existing sanctuary protections came sharply into focus.1 Historically, cities enacted sanctuary protections to extricate their law enforcement agencies from activities related to federal immigration enforcement. In sanctuary cities, local government agencies are typically restricted from sharing information with federal immigration authorities or from cooperating in apprehending individuals targeted for removal. 2 After the White House issued an Executive Order (EO) in late January 2017, many immigrant rights advocates recognized that external facing policies that proscribed direct cooperation would not suffice. 3 The EO announced that Immigration and Customs Enforcement …

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Introduction To The Ignatian Pedagogical Paradigm: An Online Course For Librarians, Eric Kowalik, Leatha Miles-Edmonson, Vicki Rosen Jan 2019

Introduction To The Ignatian Pedagogical Paradigm: An Online Course For Librarians, Eric Kowalik, Leatha Miles-Edmonson, Vicki Rosen

Jesuit Higher Education: A Journal

This article discusses the development and delivery of a three-week asynchronous online course on Jesuit history, education, and the Ignatian Pedagogical Paradigm (IPP) for librarians working in Association of Jesuit Colleges and University (AJCU) institutions. Created by two instruction librarians and one instructional designer from a pair of AJCU institutions, the course explores incorporating the IPP -- a contemplative learning model -- into a one-shot, single class library instruction session. Included is a practical description of the development, revision, marketing, and success of the online course, along with a list of the class contents. Over three course offerings in 2017 …

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The Implementation Of Ignatian Pedagogy In A Jesuit University In Indonesia: Students’ Perspectives, Monica Ella Harendita, Titik Kristiyani, Margaretha Madha Melissa, Hongki Julie Jan 2019

The Implementation Of Ignatian Pedagogy In A Jesuit University In Indonesia: Students’ Perspectives, Monica Ella Harendita, Titik Kristiyani, Margaretha Madha Melissa, Hongki Julie

Jesuit Higher Education: A Journal

The goal of Jesuit Education is to grow a whole person through its signature Ignatian Pedagogy. When entering Indonesia, it surely has its own uniqueness. Thus, this study aims at exploring how the Ignatian Pedagogy is implemented in teaching and learning process in a Jesuit University in Indonesia. This qualitative study used questionnaires to collect the data from 613 students. The results revealed some significant findings related to each element. In Context, the lecturers have made some efforts to understand the students’ backgrounds through direct interaction in and outside the classroom as well as through social media. In Experience, the …

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Tobacco And E-Cigarette Use In Youth With Autism Spectrum Disorders, Nicole R. Higgins Jan 2019

Tobacco And E-Cigarette Use In Youth With Autism Spectrum Disorders, Nicole R. Higgins

Theses and Dissertations

While there has been an extensive amount of research on tobacco use in children and adolescents, very little has been conducted in children with developmental delays, particularly Autism Spectrum Disorders (ASD). Similarly, research examining newer methods of nicotine use, such as electronic nicotine delivery systems (ENDS; ecigarettes) has not yet been conducted in this population. It has previously been assumed that characteristics commonly observed in youngsters with ASDs serve as protective factors for the initiation of tobacco and ENDS use; however, no studies have identified the variables that contribute to a youngster’s intention to smoke/use ENDS in this vulnerable population. …

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Pediatric Sleep Education In Primary Care: Parental Receipt, Compliance And Children’S Sleep Problems, Jenna Patricia Mullarkey Jan 2019

Pediatric Sleep Education In Primary Care: Parental Receipt, Compliance And Children’S Sleep Problems, Jenna Patricia Mullarkey

Theses and Dissertations

Sleep is important for children, as inadequate sleep can result in a number of poor outcomes in terms of cognitive, psychosocial, and somatic functioning. The American Academy of Pediatrics (AAP) has recommended that all pediatric providers educate parents about the necessary sleep duration for optimal functioning and healthy sleep hygiene practices for their children. The present study sought to examine the proportion of parents who receive pediatric sleep education from their child’s providers, the rates of compliance with these recommendations, and the effects that receiving this information has on frequency and severity of the child’s sleep problems. This cross-sectional study …

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Assessing Synergy Between Climate And Development Projects: Which One Is More Effective, Efficient And Transparent?, A.K. Enamul Haque, Estiaque Bari, Md Rumi Shammin Jan 2019

Assessing Synergy Between Climate And Development Projects: Which One Is More Effective, Efficient And Transparent?, A.K. Enamul Haque, Estiaque Bari, Md Rumi Shammin

Faculty & Staff Scholarship

This study was designed to understand whether projects funded through development window of finance in Bangladesh like the Annual Development Programme(ADP) is different or similar to that of climate window of finance like Bangladesh Climate Change Trust Fund (BCCTF). The BCCTF is managed primarily by the Ministry of Environment, Forests and Climate Change whereas the ADP is managed by the Ministry of Planning and Ministry of Finance. It was, therefore, studied also to understand whether the new window of financing climate projects is more efficient, effective and sustainable. On the contrary, if they are both similar in nature then a …

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Belén Plaza Vieja And Colonial Church Preservation And Interpretive Plan, Samuel Sisneros Jan 2019

Belén Plaza Vieja And Colonial Church Preservation And Interpretive Plan, Samuel Sisneros

University Libraries & Learning Sciences Faculty and Staff Publications

The vision and mission of the Belén Plaza Vieja Preservation Committee is to recover the buried and forgotten history of the town of Belén’s first church and plaza and recreate to some extent the “Plaza Vieja” site to be a vibrant social and educational destination so that local community members and visitors can discover and reclaim this important historical treasure as a vibrant social and spiritual space. It is hoped that this preservation and interpretive plan serves to inform the Belén Plaza Vieja Colonial Church site property owners and stakeholders of possible options and strategies towards a coordinated effort to …

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An Evolutionary Theory Of Administrative Law, Karrigan S. Bork Jan 2019

An Evolutionary Theory Of Administrative Law, Karrigan S. Bork

SMU Law Review

Law evolves to accommodate change—this is axiomatic in most academic legal traditions. But in the era of the administrative state, with congressional gridlock and a judiciary hesitant to address policy questions, evolution of statutory law has become much more difficult. This leads to pent up demand for change in legal regimes. If the legislature and the courts cannot provide an outlet for this pressure, where does it go? How does the law continue to change? Although other scholars have looked to agencies as engines of legal change, we lack a theoretical framework to understand how that change happens. I argue …

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Antidiscriminatory Privacy, Ignacio Cofone Jan 2019

Antidiscriminatory Privacy, Ignacio Cofone

SMU Law Review

Law often blocks sensitive personal information to prevent discrimination. It does so, however, without a theory or framework to determine when doing so is warranted. As a result, these measures produce mixed results. This article offers a theoretical framework for determining, with a view of preventing discrimination, when personal information should flow and when it should not. It examines the relationship between precluded personal information, such as race, and the proxies for precluded information, such as names and zip codes. It proposes that the success of these measures depends on what types of proxies exist for the information blocked and …

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Notes From The Basement, Mary B. Spector Jan 2019

Notes From The Basement, Mary B. Spector

SMU Law Review

No abstract provided.

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Born In Dissent: Free Speech And Gay Rights, Dale Carpenter Jan 2019

Born In Dissent: Free Speech And Gay Rights, Dale Carpenter

SMU Law Review

It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his opinions in Schenck and Abrams. It is equally true that the First Amendment created gay America. For advocates of gay legal and social equality, there has been no more reliable and important constitutional text. The freedoms it guarantees protected gay cultural and political institutions from state regulation designed to impose a contrary vision of the good life. Gay organizations, clubs, bars, politicians, journals, newspapers, radio programs, television shows, web sites—all of these—would have been swept away in …

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Ucc Minutes, January 2019, University Curriculum Council Jan 2019

Ucc Minutes, January 2019, University Curriculum Council

UCC Agendas/Minutes

No abstract provided.

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