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2023

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The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone Jan 2023

The Use And Limits Of Longstanding Practice In Constitutional Law, Spencer G. Livingstone

Maryland Law Review

No abstract provided.


War Crime Clemency: The President’S Self- (Defeating) Pardon, Dan Maurer Jan 2023

War Crime Clemency: The President’S Self- (Defeating) Pardon, Dan Maurer

Maryland Law Review

No abstract provided.


Errors And Omissions: Applying Lessons From History To Decide The Future Of Administrative Deference With Respect To The National Labor Relations Board, Nicholas M. Ohanesian Jan 2023

Errors And Omissions: Applying Lessons From History To Decide The Future Of Administrative Deference With Respect To The National Labor Relations Board, Nicholas M. Ohanesian

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Reconstituting Digital Counterpublics In Times Of Crisis: The Case Of The United States And The Republic Of Georgia, Byron B. Craig, Stephen E. Rahko, Nathan Carpenter Jan 2023

Reconstituting Digital Counterpublics In Times Of Crisis: The Case Of The United States And The Republic Of Georgia, Byron B. Craig, Stephen E. Rahko, Nathan Carpenter

Faculty Publications - Communications

Since the advent of social media at the turn of the 21st century, scholars of communication, cultural studies, and media studies have long been invested in the question of the relationship between social media platforms and the discursive formation of counterpublics for social movement mobilization. In this article, we seek to pose a new question for scholarly inquiry: How do citizens leverage the tools of social media platforms to reconstitute counterpublics in times of crisis? Toward this end, we conduct a comparative case study of the way citizens leverage platforms for counterpublic formation in the Republic of Georgia and the …


The Graduate Review, Volume Ix Jan 2023

The Graduate Review, Volume Ix

The Graduate Review

No abstract provided.


War Emissions, Russia’S Invasion Of Ukraine, And Just War Theory, Harry Van Der Linden Jan 2023

War Emissions, Russia’S Invasion Of Ukraine, And Just War Theory, Harry Van Der Linden

Scholarship and Professional Work - LAS

The Russian invasion of Ukraine on February 24, 2022, has already caused large amounts of greenhouse gas (GHG) emissions and will continue to do so for many years after hostilities have ceased mainly because of the emissions linked to the rebuilding of destroyed or damaged housing, public buildings, infrastructure, factories, and the like. My aim in this paper is to discuss how in a time of climate emergency such emissions of war should impact the political morality of states initiating, continuing, and ending war (through a just and enduring peace) as understood by just war theory (JWT). My point of …


Restricting Scientific Legitimacy In The Age Of Biotechnology?, George P. Smith Ii Jan 2023

Restricting Scientific Legitimacy In The Age Of Biotechnology?, George P. Smith Ii

Scholarly Articles

In the Age of Biotechnology, there is no more pressing question than whether a philosophy of science exists and translates into a notion that—with or without qualification—the sovereignty of science is central to the advancement of society and should be totally emancipated from concurrence or oversight by society at large. Far too many Americans choose neither to be “informed” nor to accept the responsibilities of citizenship to participate fully in a deliberative democracy—they have chosen instead to exercise their “right” to remain ignorant. Consequently, science reigns without restraint or even review. The scientific community has a coordinated responsibility to society, …


Pirates And Propaganda: The Condemnation Of Piracy In The Early Modern Era, Alexandra G. Wisner Jan 2023

Pirates And Propaganda: The Condemnation Of Piracy In The Early Modern Era, Alexandra G. Wisner

Tenor of Our Times

The modern view of pirates is shaped by their media representations, from Pirates of the Caribbean to the Pirates of Penzance. Often, they are in direct opposition to the imperial British navy, which is depicted as bumbling at best and overwhelmingly cruel at worst. The pirates in these stories, whether historical or fictional, are heroes, eking out a living on the seas. Such depictions are over simplified, and lack the nuance of what piracy meant in the seventeenth and eighteenth centuries. In addition, they glorify pirates, turning them from sailors looking to make a profit into champions of democracy and …


Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio Jan 2023

Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Yvonne Dutton, Milena Sterio

Fordham International Law Journal

No abstract provided.


Negotiation Theories Engage Hybrid Warfare, Sharon Press, Nancy A. Welsh, Andrea Kupfer Schneider Jan 2023

Negotiation Theories Engage Hybrid Warfare, Sharon Press, Nancy A. Welsh, Andrea Kupfer Schneider

Faculty Scholarship

The concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to …


Dispatches From The Home Front: Violet Hunt As War Writer And Reluctant Modernist, Heather M. Robinson, Melissa Dinsman Jan 2023

Dispatches From The Home Front: Violet Hunt As War Writer And Reluctant Modernist, Heather M. Robinson, Melissa Dinsman

Publications and Research

The life and work of Violet Hunt showcases the tension between modernism’s challenges to Victorian and Edwardian literary and social traditions, and the conservatism, particularly with regard to gender norms, of many of the modernist canon’s key figures: institutions, writers and critics alike. Although her work was well regarded during her lifetime, and she was a central figure in London’s literary scene in the early-twentieth century, Hunt is now best known for her long, and ultimately disastrous, relationship with Ford Madox Ford. Her copious literary oeuvre, comprising seventeen novels, three collections of short stories, and several works of biography, translation …


The Viking Age As A Themed Experience: Representing Hitorical Narrative Through Research Based Design, Edward D. Macpherson Jan 2023

The Viking Age As A Themed Experience: Representing Hitorical Narrative Through Research Based Design, Edward D. Macpherson

Graduate Thesis and Dissertation 2023-2024

I intend to design an interactive educational experience that teaches guests about the culture, society, and beliefs of Scandinavian peoples during the Viking age. The concepts are illustrated through a dynamic narrative designed to be experienced through exploration of a themed environment. Immersion into the narrative is intended to instill a sense of active participation with the culture itself. This interaction is intended to inspire guests to further investigate the culture and history outside the limits of the experience. These qualities, unique to an immersive environmental themed experience, capture the lasting attention of an audience such as other mediums may …


Is The Russian-Ukrainian Conflict Finally The Tipping Point For Criminal Liability When The Environmental And Natural Resources Are Weaponized In Armed Conflict? An Analysis Of The Karachun Dam Attack, Mary Jocelyn Jan 2023

Is The Russian-Ukrainian Conflict Finally The Tipping Point For Criminal Liability When The Environmental And Natural Resources Are Weaponized In Armed Conflict? An Analysis Of The Karachun Dam Attack, Mary Jocelyn

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Influence Of Tropical Atlantic Sea-Surface Temperatures And The North Atlantic Subtropical High During The Maya Droughts, Derek K. Gibson, Jonathan Obrist-Farner, Brooke A. Birkett, Jason H. Curtis, Melissa A. Berke, Peter M.J. Douglas, Prudence M. Rice, Jeremy Maurer Jan 2023

The Influence Of Tropical Atlantic Sea-Surface Temperatures And The North Atlantic Subtropical High During The Maya Droughts, Derek K. Gibson, Jonathan Obrist-Farner, Brooke A. Birkett, Jason H. Curtis, Melissa A. Berke, Peter M.J. Douglas, Prudence M. Rice, Jeremy Maurer

Geosciences and Geological and Petroleum Engineering Faculty Research & Creative Works

The frequency and duration of Late-Holocene hydrologic extremes in northern Guatemala were investigated using multiple sedimentological and geochemical proxies preserved in a sediment core collected from Lake Petén Itzá. A general trend of increasing aridity in the Maya Lowlands during the past 2000 years was punctuated by several multidecadal- to centennial-scale drought events recorded in the Petén Itzá sediments. In particular, the period spanning the Maya Terminal Classic Period and the Medieval Climate Anomaly (MCA), between 800 and 1300 CE, was marked by several extreme droughts and included the driest conditions of the past 2000 years between 950 and 1100 …


Pilot, Not Passenger: Canada's Role In Space, Michael Beyers Jan 2023

Pilot, Not Passenger: Canada's Role In Space, Michael Beyers

Canada-United States Law Journal

15th Annual Canada-United States Institute Distinguished Lecture


Evolving Enemies: Red Guards And Victimhood In Mao’S Cultural Revolution (1966-1976), Sydney Mclain Jan 2023

Evolving Enemies: Red Guards And Victimhood In Mao’S Cultural Revolution (1966-1976), Sydney Mclain

Theses & ETDs

This thesis examines the complex and evolving relationship the Red Guards had with the concept of victimhood during the Cultural Revolution (1966-1976). Motivated by Mao’s anti-bourgeois rhetoric, young students in cities across China expressed their beliefs in the form of public humiliation and beatings directed towards class enemies during the period of continuous social upheaval initiated by Mao in the Cultural Revolution. Though there is a diversity of topics covered in modern scholarship on the subject, much of it follows the mainstream narrative of the Red Guards as a group of adolescents committing brutal arts of violence upon the bourgeois …


Print Media And The Question Of Slavery In Cuba: Discursive Strategies In Barcelona’S La Flaca And Havana’S El Moro Muza And Don Junípero, Ana Garcia Chichester Jan 2023

Print Media And The Question Of Slavery In Cuba: Discursive Strategies In Barcelona’S La Flaca And Havana’S El Moro Muza And Don Junípero, Ana Garcia Chichester

Modern Languages & Literatures Articles

This article explores the portrayal of the first Cuban war of independence against Spain (Ten Years’ War, 1868–1878) in print media in both Spain (Barcelona) and in Cuba (Havana). The Spanish press portrayed official reports on the war as falsehood and denounced the exclusionary treatment of Cubans of African descent. The Havana print media, although careful to avoid direct references to participation in the war by former slaves, addressed the racial composition of the Cuban army in a series of images questioning revolutionary values. In their illustrations, both journals derided the aspiration of Cubans living in the United States, and …


Community, Capitalism, And Oxycontin: A Holistic Examination Of The Opioid Crisis, Camile Bernard Jan 2023

Community, Capitalism, And Oxycontin: A Holistic Examination Of The Opioid Crisis, Camile Bernard

2023 Claremont Colleges Library Undergraduate Research Award

My research investigates the Opioid Crisis and argues that to get at the root of the problem we need to target the unequal competitive nature of American life. I suggest that an important step towards remedy is the reimplantation of the local community in neighborhoods.


Exploring Inequality At Copan, Honduras: A 2d And 3d Geospatial Comparison Of Household Wealth, Heather Richards-Rissetto Jan 2023

Exploring Inequality At Copan, Honduras: A 2d And 3d Geospatial Comparison Of Household Wealth, Heather Richards-Rissetto

Department of Anthropology: Faculty Publications

The archaeological site of Copan was a cultural and commercial crossroads at the southeastern Maya frontier. Research indicates that the demographics and sociopolitical circumstances of the city of Copan and its location within a circumscribed pocket (24 km2) of the larger Copan Valley varied through time. These circumstances not only influenced its social, political, and economic interactions, but likely the size, construction, and organization of households, specifically plazuelas. Copan’s plazuelas differ from those located in other Maya regions because they often have smaller house platforms, comprise more than a single patio, and exhibit a larger than normal …


The Democratic Imperative To Make Margins Matter, Daniel Wodak Jan 2023

The Democratic Imperative To Make Margins Matter, Daniel Wodak

Maryland Law Review

No abstract provided.


Due Regard As The Prime Directive For Responsible Behavior In Space, Andrea J. Harrington Jan 2023

Due Regard As The Prime Directive For Responsible Behavior In Space, Andrea J. Harrington

Loyola University Chicago International Law Review

As the proliferation of space activities has rapidly accelerated, states are increasingly concerned about the lack of clear guidance for responsible behavior in space. Risks due to accident, miscalculation, or misperception abound. Thus, there have been increasing calls for the development of 'norms of behavior' for space at both the international and domestic levels. The principle of due regard, enshrined in Article IX of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies ("Outer Space Treaty" or "OST"), is an underutilized space law tool that …


De-Nazifying By De-Cartelizing, Daniel A. Crane Jan 2023

De-Nazifying By De-Cartelizing, Daniel A. Crane

Book Chapters

In 1945, a group of zealous American trustbusters, freshly groomed in the Brandeisian tradition of “anti- Bigness,” descended on the smoldering ruins of Germany, eager to identify and then nullify the culprits behind Hitler’s rise to power. Their eyes were fixed on the enormous industrial combines and cartel organizations that had sprung up in the German economy since the time of Bismarck, grown exponentially during the Weimar era, and then served as the economic infrastructure of the Third Reich. To the trustbusters in the Office of Military Government US (“OMGUS”) Decartelization Branch, the monopolies and trusts were the prime culprits …


Genetic Capitalism: The Anthropological Evolution Of Antibiotic Resistant Bacteria, Mehin Suleiman Jan 2023

Genetic Capitalism: The Anthropological Evolution Of Antibiotic Resistant Bacteria, Mehin Suleiman

Hispanic Studies Honors Papers

This thesis titled "Genetic Capitalism: The Anthropological Evolution of Antibiotic Resistant Bacteria" explores the evolution of antimicrobial resistance (AMR) genotypes in bacteria and its impact on our destruction of a once symbiotic relationship with bacterial species. By taking an anthropological approach, I investigate how material relations, social institutions, cultural meanings, and political relations within and beyond the microcosm of bacteria have led to mass bacterial resistance. In the course of my research, I examine the cultures of bacterial cultures and their interactions, as well as the language of bacteria and their social intelligence, in order to anthropomorphize bacterial species that …


Military Officers As Neo-Classical Professionals: Guardians Of The Republic, Not Merely Servants Of The Regime, Rob Atkinson Jan 2023

Military Officers As Neo-Classical Professionals: Guardians Of The Republic, Not Merely Servants Of The Regime, Rob Atkinson

Scholarly Publications

This paper is the first step in developing a neo-classical theory of the military officer corps as a functionalist profession. It unpacks the central paradox of Samuel P. Huntington's The Soldier and the State: Why does an account that begins with a call for a highly professionalized officer corps to obey the orders of any legally legitimate civilian regime end with the promise that humanity can achieve both security and redemption if all the nations of the world adopt core military values? How can "militarize the military," Huntington's solution to the classical question of civilian/military relations-Plato's "Who guards the guardians? …


The Extension Newsletter, Issue 111, Winter 2023, Wright State University Retirees Association Jan 2023

The Extension Newsletter, Issue 111, Winter 2023, Wright State University Retirees Association

The Extension Newsletter

An eight page newsletter from the Wright State University's Retirees Association.


Richard Bushman’S Byu Years: The Beginnings Of An Influential Career, J. B. Haws Jan 2023

Richard Bushman’S Byu Years: The Beginnings Of An Influential Career, J. B. Haws

BYU Studies

The case can be made—and has been made—that Richard Lyman Bushman has been as influential as anyone in his generation in shaping the way that Latter-day Saints think about, write about, and talk about our shared history. His seminal books on Joseph Smith, his essays on historical philosophy, his two decades of mentoring graduate students every summer—all of these have had a real and discernible impact on Church publications and paradigms.


Winter 2023, Echoes Staff Jan 2023

Winter 2023, Echoes Staff

Rose Echoes

No abstract provided.


How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora Jan 2023

How To Undermine A Nation-State In 120 Days: Mediation And Negotiation In A Hybrid Warfare World, Christopher A. Corpora

Cardozo Journal of Conflict Resolution

The original and admittedly provocative title for this essay was "How to Take Down a State in 120 days" and the original November 2022, 20-minute presentation at Cardozo Law School was so titled. The intention behind the provocations was to demonstrate the speed of growing investment in and multi-disciplinary nature of the current hybrid war threat. We have not yet witnessed many state takedowns through this form of warfare; but we have seen states significantly undermined and captured in timelines almost as aggressive as the title suggests. We have seen authoritarian states and criminal organizations significantly weaken more vulnerable states, …


Hit Em' Where It Hurts: Private Suits As A Necessary Check On State-Sponsored Cyber Attacks, Katie Mandarano Jan 2023

Hit Em' Where It Hurts: Private Suits As A Necessary Check On State-Sponsored Cyber Attacks, Katie Mandarano

Journal of Business & Technology Law

No abstract provided.


The First Amendment And National Security: A Case For A Clear Test, Drake C. Stobie Jan 2023

The First Amendment And National Security: A Case For A Clear Test, Drake C. Stobie

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.