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2024

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Choice-Of-Law For Employment Contracts: A Comparative Analysis Of Texas And Louisiana Approaches To The Enforceability Of Noncompete Agreements, Claire Monsour Dec 2024

Choice-Of-Law For Employment Contracts: A Comparative Analysis Of Texas And Louisiana Approaches To The Enforceability Of Noncompete Agreements, Claire Monsour

Journal of Civil Law Studies

Employment contracts that cross state lines often raise complex legal issues, particularly when they involve noncompete agreements. This article examines and compares the different approaches taken by Texas and Louisiana regarding the enforceability of non-compete agreements. Texas courts exercise broad discretion in deciding whether to enforce a parties’ choice-of-law provision, often leading to inconsistent and unpredictable outcomes in noncompete disputes. This approach undermines party autonomy, incentivizes forum shopping, and allows courts to manipulate outcomes based on unclear standards of “fundamental public policy.” Louisiana courts, on the other hand, are relatively consistent in their choice-of-law analyses in noncompete disputes. In contrast …


The Protection Of Private Actor Vaccine Mandates In Louisiana: Using The Employment-At-Will Doctrine In Hayes V. University Health, Anna Haynes Dec 2024

The Protection Of Private Actor Vaccine Mandates In Louisiana: Using The Employment-At-Will Doctrine In Hayes V. University Health, Anna Haynes

Journal of Civil Law Studies

No abstract provided.


A Lesson In Civility: Spencer V. Valero And Keeping Things Straight In Louisiana’S Mixed Jurisdiction, Gregory Blanton Dec 2024

A Lesson In Civility: Spencer V. Valero And Keeping Things Straight In Louisiana’S Mixed Jurisdiction, Gregory Blanton

Journal of Civil Law Studies

No abstract provided.


Determining Evidence Of Consent Of Co-Owners, To Avoid The Suspension Of A Predial Servitude (Poule D’Eau Properties V. Tlc Properties), Brenna Lauga Dec 2024

Determining Evidence Of Consent Of Co-Owners, To Avoid The Suspension Of A Predial Servitude (Poule D’Eau Properties V. Tlc Properties), Brenna Lauga

Journal of Civil Law Studies

No abstract provided.


Civil Code Of Louisiana Of 1825 Historical Texts Dec 2024

Civil Code Of Louisiana Of 1825 Historical Texts

Journal of Civil Law Studies

No abstract provided.


The Louisiana Civil Code Of 1825: Content, Influence, And Languages; Past And Future, Conference Program Dec 2024

The Louisiana Civil Code Of 1825: Content, Influence, And Languages; Past And Future, Conference Program

Journal of Civil Law Studies

No abstract provided.


Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde, Agustín Parise Dec 2024

Jean-Louis Halpérin, Une Histoire Des Droits Dans Le Monde, Agustín Parise

Journal of Civil Law Studies

No abstract provided.


Complete V.16 Dec 2024

Complete V.16

Journal of Civil Law Studies

No abstract provided.


Geochemical Characterization And Predictive Soil Mapping Of Ice-Free Regions In Antarctica, Rachel Willmore Dec 2024

Geochemical Characterization And Predictive Soil Mapping Of Ice-Free Regions In Antarctica, Rachel Willmore

Theses and Dissertations

Antarctic soils are formed by extreme climate, minimal biological activity, and diverse geological settings. This study analyzes 201 soil samples across four ice-free Antarctic Conservation Biogeographic Regions - North-west Antarctic Peninsula, Transantarctic Mountains, South Victoria Land, and North Victoria Land - to create a geochemical database (pH, EC, CEC, C and N, and ion concentrations) as well as to determine if there are consistent trends between geochemical properties and soil forming factors (SCORPAN). Despite variation in geochemical properties and SCORPAN covariates, some consistent trends emerged across all regions and individual Antarctic Conservation Biogeographic Regions. Using SCORPAN covariates and multiple linear …


Equity In The Student Conduct System For First-Generation College Students, Kristin D. Ridge Dec 2024

Equity In The Student Conduct System For First-Generation College Students, Kristin D. Ridge

JWU Dissertations & Theses

Student conduct administrators are charged with crafting and enforcing an institution’s code of conduct equitably for all students. Few administrators are in a position to disrupt or end a student’s college career. Public institutions’ administrators function as state actors and must uphold the student rights protected in the landmark 1961 Dixon v. Alabama Board of Education Supreme Court decision. Thus, conduct administrators have a professional obligation to act with integrity and balance the authority of the institution with the rights of the student. This balance includes enforcing policy while considering the context and lived experiences of students. Further, when working …


Nipping Crime In The Bud: The Spatial Relationship Between Crime And Meeting People’S Needs, Alicia Cerquone Dec 2024

Nipping Crime In The Bud: The Spatial Relationship Between Crime And Meeting People’S Needs, Alicia Cerquone

LSU Master's Theses

The recent high-profile killings of people by the police brought attention to police violence, and prompted activists to call for an end to police violence. Drawing from an understanding of strain theory (Merton, 1938; Farnworth & Leiber, 1989; Agnew, 1992; Agnew, 2001; Agnew, 2008) and Tucker and Cadora’s (2003) ideas of justice reinvestment, this research was designed with the belief that police funding can be better used to help people meet their basic needs of housing, healthcare, and education. This research is concerned with the spatial relationship between crime and the quality of social infrastructure, or the programs in place …


Mobility Necropolitics And Harmless Islanders, Jinhyoung Lee Dec 2024

Mobility Necropolitics And Harmless Islanders, Jinhyoung Lee

Kritika Kultura

This article critically discusses the wartime mobilization policies implemented by the Japanese Empire on the Korean peninsula during the Pacific War (1941-1945) in terms of mobility necropolitics, a framework that combines mobility studies and Achile Mbembe’s notion of necropolitics. In particular, by examining the lives of the Korean islanders on the imaginary Julan island in Kim Sa-ryang’s novel Bada-ui Norae [Songs of the Sea] (1943-1944) through Giorgio Agamben’s concepts of “harmless” and “desubjectivation,” this paper seeks to excavate a postcolonial moment in colonial Korea. In the “death worlds” of the dead and those who will die on the battlefields, “harmless …


The Island Literature Museum In Korea, Inseop Shin Dec 2024

The Island Literature Museum In Korea, Inseop Shin

Kritika Kultura

The literature museum serves as a unique locale that emits the symbolism and cultural essence of literature, enhancing the image of a region. However, in Korea, islands have long been estranged from literature due to insufficient literary infrastructure. Conversely, from a mainland-centric perspective, islands have often been considered as peripheral cultural spaces for poetry and novels. This study focuses on the regional characteristics of islands in Korea and examines the relationship between literature and islands through case studies of Jeju Island’s Literature Museum, Yun Seon-do Literature Museum of Bogildo, and Literary Island Nodo. Each of these island literature museums presents …


The Forest As Sight, The Forest As Narration: Alvin Yapan's Sandali Ng Mga Mata, Glenn Diaz Dec 2024

The Forest As Sight, The Forest As Narration: Alvin Yapan's Sandali Ng Mga Mata, Glenn Diaz

Kritika Kultura

Fredric Jameson argues that the passage from monopoly to late capitalism or globalization has resulted in a “bewildering new world space” marked by a “weakening of historicity,” if not the outright “suppression of history.” As a result, this dizzying, dehistoricized totality has become unrepresentable. If this foreclosure is premised on the capture of social life by the “interpenetration of government and big business” under late capitalism, this paper argues that the forest, as a historically and narratively illegible space, may offer an escape. Drawing on a Marxist tradition of ecocriticism, in particular Robert Spencer’s work on “forest literature,” and notions …


Cry For Me, Argentina!: Taiwanese Soap Opera Diplomacy In Latin America, Adam Lifshey Dec 2024

Cry For Me, Argentina!: Taiwanese Soap Opera Diplomacy In Latin America, Adam Lifshey

Kritika Kultura

This essay examines the intersections of Taiwanese soap operas and foreign policy in Latin America, the one area of the world where Taiwan has retained some degree of formal diplomatic recognition despite the pressures of China. Yet has the decline in official Taiwanese power even in this region been compensated by a new kind of cultural power? The distribution of Taiwanese soap operas dubbed into Spanish from the mid-2010s to the early 2020s marks the first time that Taiwan tried to cultivate favor among Latin American publics at large. This was an explicitly diplomatic maneuver. But was it perceived as …


Re-Entering Fandom Pages In The Era Of New Media Ecosystems: The Case Of Turkish Television Series And Their Devoted Viewer Communities, Orhun Yakun, Serhat Kaymas Dec 2024

Re-Entering Fandom Pages In The Era Of New Media Ecosystems: The Case Of Turkish Television Series And Their Devoted Viewer Communities, Orhun Yakun, Serhat Kaymas

Kritika Kultura

Given the global prominence of Turkish television series, there is a strong necessity for re- evaluating the constitution of transnational fandom groups in new media ecosystems. Hence, the reasons and motivations of multinational fandom communities are something of a blind spot in fandom studies, especially in the case of devoted fan communities of Turkish television series. Most contemporary studies in fandom literature have mainly focused on television viewers’ experiences in individual countries due to cultural proximity and cultural discount theories rather than the constitution of multinational fandom groups in the new media ecosystem. However, this article argues that such existing …


Comradeship, Remolding, And Rectification In Norman Wilwayco's Gerilya, Laurence Marvin S. Castillo Dec 2024

Comradeship, Remolding, And Rectification In Norman Wilwayco's Gerilya, Laurence Marvin S. Castillo

Kritika Kultura

In this article, I examine the representation of the long-running Maoist national democratic (NatDem) revolution in Norman Wilwayco’s award-winning novel Gerilya (2008), which centers on the uneasy, often violent encounters between petty bourgeois revolutionaries from the city and revolutionary peasants in the countryside. By engaging with the issues of revolutionary errors, remolding, and rectification, I explore how the novel’s predominantly unflattering depiction of revolutionary guerrillas track the difficulties that underpin the process of revolutionary remolding and the formation of comradely relations. Such portrayal conceives of the revolution as a complex social process marked by the tension between, on the one …


Editor's Introduction, Vincenz Serrano Dec 2024

Editor's Introduction, Vincenz Serrano

Kritika Kultura

No abstract provided.


The Erotic As A Marvelous Real Paradigm: Hurston And Conjure Feminism, Patricia Coloma Peñate Dec 2024

The Erotic As A Marvelous Real Paradigm: Hurston And Conjure Feminism, Patricia Coloma Peñate

Kritika Kultura

The presence of conjuring in African American culture and artistic works in its relation to female identity has been recently addressed from an academic point of view as “Conjuring Feminism”: a term that centralizes its role as an intellectual tradition that works as a liberatory epistemology for women of African descent. In the definition of such term, Audre Lorde’s concept of the erotic has a central role. This paper analyzes Zora Neale Hurston’s works to explore how she engages in this tradition and its erotic nature. Lorde’s notion also functions as the paradigm at the base of Conjuring Feminism and …


Nationalism, Feminism, And Modernity And Maria Paz Zamora-Mascuñana's Mi Obolo, Diana Villanueva Romero Dec 2024

Nationalism, Feminism, And Modernity And Maria Paz Zamora-Mascuñana's Mi Obolo, Diana Villanueva Romero

Kritika Kultura

This article aims to discuss Maria Paz Zamora-Mascuñana’s Mi obolo (1924) in light of biographical and culturally meaningful findings obtained through archival work conducted in 2018 and 2022 using the Library of Congress’s holdings of Philippine periodicals from the American colonial period as well as those of the Southeast Asian Newspaper collection at the East View Global Press Archive (GPA).3 The main claim here is that, with the publication of Mi obolo, Zamora-Mascuñana materialized her political will to contribute to the construction of the nation at a time when women’s participation in Filipino politics was met with resistance due to …


The Forming Of Ethical Evaluation Of Shuihu Zhuan In The Context Of Guanxi Culture, Ruihui Han Dec 2024

The Forming Of Ethical Evaluation Of Shuihu Zhuan In The Context Of Guanxi Culture, Ruihui Han

Kritika Kultura

Shuihu Zhuan, a work of fiction with a perverse narrative of atrocities, has been criticized as a novel with serious ethical demerits. Yet, this novel remains widely appreciated within Chinese society, with many holding its morals in high esteem. This presents an apparent paradox when juxtaposed against the ethical criticisms directed at the novel. Understanding the forming of the ethical evaluation is pivotal, especially given the significant role of ethical references in literary commentary—a backdrop further intensified by traditional Chinese literary theory, which is deeply influenced by Confucian moral teachings. Since interpretations of Shuihu Zhuan should consider its context, this …


Resisting And Transgressing White Patriarchal Constructions Of Race And Gender, Danica Čerče Dec 2024

Resisting And Transgressing White Patriarchal Constructions Of Race And Gender, Danica Čerče

Kritika Kultura

Until recently a marginalized voice in Australian literary studies, Australian Indigenous literature has gained an important role in the articulation of Indigenous peoples’ political thought. As one of the most frequent media of Indigenous Australians’ artistic expression, poetry presents a commanding exposé of the logic and hypocrisy of whiteness and a potent denunciation of the ongoing racialized and gendered violence in Australia. This essay is focused on the works of Romaine Moreton and Lisa Bellear, which is particularly powerful in addressing violence against Aboriginal women and girls. Framed by an interest in the radical potential of postcolonial literature to dismantle …


The Multispecies Soundscape In Mo Yan's Red Sorghum, Qianqian Chen, Joan Qionglin Tan Dec 2024

The Multispecies Soundscape In Mo Yan's Red Sorghum, Qianqian Chen, Joan Qionglin Tan

Kritika Kultura

Red Sorghum, the masterpiece of Mo Yan, the winner of the 2012 Nobel Prize in Literature, is an exemplar of the Chinese root-seeking literature in the 1980s. Comparing the red sorghum field to an auditory field accommodating diversified species, the article unveils that its multispecies soundscape is characterized by its animated liveliness, tumultuous polyphony, and acoustic harmony between sound and silence. By delving into the historical and cultural context of the novel, as well as Mo’s personal background, this paper concludes that the clamorous multispecies soundscape in the red sorghum field can be attributed to Chinese ancient ecological philosophy, Gaomi …


Ethical Dilemma And Narrative Strategies In David Henry Hwang's M. Butterfly (1988 And 2017), Xin Zhang, Shumin He Dec 2024

Ethical Dilemma And Narrative Strategies In David Henry Hwang's M. Butterfly (1988 And 2017), Xin Zhang, Shumin He

Kritika Kultura

David Henry Hwang’s M. Butterfly (1988), the first play written by an Asian American playwright to win the Tony Awards, remains his most renowned and controversial play. The play has been criticized for catering to mainstream discourse for reproducing the rather negative “Dragon Lady” stereotype in the name of subverting the “Madame Butterfly” stereotype. However, with the unreliable narration, the play connotes dual narrative dynamics which creates great aesthetic tension and powerful ironic effect. But such a rhetorical device has, to some extent, also led to the alienation between the play’s representing strategies and the implied author’s intention, which results …


"Effable Nature In Unheard Stories": Tishani Doshi's Poetics Of Discovery, Juan Ignacio Oliva Dec 2024

"Effable Nature In Unheard Stories": Tishani Doshi's Poetics Of Discovery, Juan Ignacio Oliva

Kritika Kultura

This article aims to study the multiple nature metaphors used in Tishani Doshi’s poetry to convey messages of understanding and epiphany. Born in 1975 in Madras (now Chennai), Doshi is an Indian author and academic who has gained indisputable reputation as a novelist and poet, with other cultural and artistic interests like dancing and writing journal articles. She is especially devoted to narrating the urges of contemporary human existence, and to defending class, gender, and racial rights violated by capitalist patriarchal anthropocentrism, all while embracing the aesthetic beauty of artistic creation as a weapon to change the world. Therefore, in …


Kaleidoscopic Visions Of South Africa: A Study Of State And Station In Imraan Coovadia's Tales Of The Metric System, J. Coplen Rose Dec 2024

Kaleidoscopic Visions Of South Africa: A Study Of State And Station In Imraan Coovadia's Tales Of The Metric System, J. Coplen Rose

Kritika Kultura

This paper discusses the structure of Imraan Coovadia’s Tales of the Metric System: A Novel. Drawing inspiration from Karina Szczurek’s review of Coovadia’s book, the article explores the kaleidoscopic view of the South African state that emerges across the storylines in the novel. Critically, this paper connects Szczurek’s terminology to Gilles Deleuze and Félix Guattari’s concept of the rhizome. The multiple perspectives that intersect over the course of Coovadia’s text foreground the polyvalent bonds connecting characters across space and time. These links form a web between characters which closely resembles Deleuze and Guattari’s description of the rhizome in A Thousand …


Ronnie Govender And Asian Belonging Within South Africa, Maurice O'Connor Dec 2024

Ronnie Govender And Asian Belonging Within South Africa, Maurice O'Connor

Kritika Kultura

This paper explores the Asian presence in South Africa through the work of Ronnie Govender. One of its concerns is how fictional worlds based on real-life experiences become a means to counter the discourses of apartheid that insisted upon the incommensurability of cultural difference as regards Asian and African communities. In this light, the paper references how a white hegemony sets about compromising an already fragile co-existence that existed between the Black, Coloured, and Asian communities and considers the body of Govender’s work as a repository which aids future generations to connect with the traumatic nature of apartheid so as …


Suspended Paradise: Survival And Storytelling In Abdulrazak Gurnah's Afterlives, Esther Pujolràs-Noguer Dec 2024

Suspended Paradise: Survival And Storytelling In Abdulrazak Gurnah's Afterlives, Esther Pujolràs-Noguer

Kritika Kultura

Afterlives, published in 2020 is, to date, Abdulrazak Gurnah’s latest novel. This article reads Afterlives as an exponent of the interruption-continuation framework that defines the Gurnahian oeuvre. The abrupt ending that assails the narrative flow of Paradise (1994) with its protagonist, young Yusuf, hiding from the sight of the arrival of the German Army finds its continuation in Hamza (Afterlives) who has volunteered to fight with the Germans in the First World War. As expressions of the same Lukácsian literary type, Yusuf’s and Hamza’s delicate beauty is a constant reminder of the fragility of a world that survives by mere …


Indian Ocean Nomadic Diasporas: Destabilizing Master Narratives Of Belonging In M. G. Vassanji's Short Fiction, Dolors Ortega Dec 2024

Indian Ocean Nomadic Diasporas: Destabilizing Master Narratives Of Belonging In M. G. Vassanji's Short Fiction, Dolors Ortega

Kritika Kultura

M. G. Vassanji’s evocative short fiction delves into the complex and intertwined tapestry of cultures that Indian Ocean communities represent. His characters lead border and nomadic lives and they occupy in-transit subject positions. Signs of constant navigation between different cultural contexts abound in stories about diasporic subjects who try to negotiate the in-between worlds they inhabit by crossing identity thresholds, such as the ones built around the secular- religious, Western-Eastern, and present-past divide. This article explores the potential that the Indian Ocean experience offers and seeks to unravel the extent to which Indian Ocean migration can effect transformation within more …


Gurnah's Men: Rethinking Muslim Masculinities In The Indian Ocean World, Felicity Hand Dec 2024

Gurnah's Men: Rethinking Muslim Masculinities In The Indian Ocean World, Felicity Hand

Kritika Kultura

This article explores how Abdulrazak Gurnah illustrates the varieties of Muslim masculinity in the Indian Ocean world through an analysis of two of his youthful characters, Hassan Omar, from his debut novel Memory of Departure and Salim Yahya, from his more recent Gravel Heart. Both young men find themselves pitted against a more traditional male role which stifles them while, at the same time, encourages them to envisage a more fluid understanding of what it means to be a man in a predominantly Muslim society like Zanzibar. The fissures in the relationship that Hassan and Salim have with their fathers …