Digital Commons Network^™

Historicism And Holism: Failures Of Originalist Translation, Jonathan Gienapp

Fordham Law Review

    For as long as the U.S. Constitution has existed, Americans have appealed to the history of its creation to interpret its meaning. But only since the advent of originalism—the well-known constitutional theory that requires interpreting the Constitution today in accordance with its original meaning—has historical study been so immediately implicated by constitutional interpretation. Despite potential, though, for meaningful exchange between originalists and historians, little has taken place. That originalism plays an ever-growing role in contemporary political culture only makes the lack of dialogue all the more unfortunate.

The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato

Michigan Journal of International Law

This Article endeavors to broaden the analysis of available policy tools to address the problems created by financial crises and discusses how, in addition to direct regulation, certain tax measures having a regulatory nature may operate to address the so-called “negative externalities” often associated with those crises. There is a negative externality when an economic agent making a decision does not pay the full cost of the decision’s consequences. In such cases, the cost to society as a whole is greater than the cost borne by the individuals creating the economic impact. In practice, negative externalities result in market inefficiencies …

Understanding The Essex Junto: Fear, Dissent, And Propaganda In The Early Republic, Dinah Mayo-Bobee

ETSU Faculty Works

Historians have never formed a consensus over the Essex Junto. In fact, though often associated with New England Federalists, propagandists evoked the Junto long after the Federalist Party’s demise in 1824. This article chronicles uses of the term Essex Junto and its significance as it evolved from the early republic through the 1840s.

Tone Deaf To The Past: More Qualms About Public Meaning Originalism, Jack Rakove

Fordham Law Review

    With some apologies for a vast degree of oversimplification, let us stipulate that there are two main forms of originalism. One is known as “semantic” or “public meaning” originalism. Its leading advocates include Lawrence Solum, Keith Whittington, and Randy Barnett (professional friends, all). The leading premise of semantic originalism is that the meaning of the constitutional text—or, more specifically, of its individual clauses—was fixed at the moment of its adoption. Under this view, the goal of constitutional interpretation is to recover that original meaning, and the best way to do that pivots on reconstructing how an informed reader, whether a …

The Creation Of A Model Pediatric Ward For African American Children In 1920s Kansas City., Jane F. Knapp, Robert Schremmer

Manuscripts, Articles, Book Chapters and Other Papers

No abstract provided.

A Gadamerian Analysis Of Roman Catholic Hermeneutics: A Diachronic Analysis Of Interpretations Of Romans 1:17-2:17, Steven Floyd Surrency

USF Tampa Graduate Theses and Dissertations

Catholic exegesis of scriptural and dogmatic statements has become rigid in the period following the Enlightenment. Gadamer’s account of philosophical hermeneutics, when applied to the Catholic situation, elaborates how Catholic exegesis might return to its premodern, freer form. Following Gadamer, I hold that to understand is to fuse the horizon of the old with today’s horizon using the preunderstandings that have been provided by the tradition while at the same time bringing the questions of today into dialogue with the text.

Examples of how Romans 1 and 2 have been interpreted historically serve to support this thesis. Origen reads Romans …

Spectrum, Volume 35, Issue 9, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Gov. Dannel Malloy proposes raising the age of juvenile responsibility --SHU participates in The Veterans Integration to Academic Leadership, or VITAL, a program that works to provide healthcare and mental health support for returning veterans, while also helping them adjust to college and university lifestyles --Club Spotlight: SHU Sailing --SHU students compete in Federal Reserve Bank Challenge --New app, RydeHopper, is a ride sharing platform exclusive to college affiliates in Connecticut --"Twelfth Night",Theatre Arts newest program --SHU's band program --Ponging for Hunger brings athletes out for a good cause --Cross country teams compete at Northeast Regionals without injured …

Boston And New York: The City Upon A Hill And Gotham (2006), Shaun O’Connell

New England Journal of Public Policy

This article is about the author's experience with visiting New York during it's rebirth after 9/11. He speaks about the history of both cities and how they have each grown into their own to become places of future enterprise and cultural cohesiveness.

Reprinted from New England Journal of Public Policy 21, no. 1 (2006), article 9.

Spectrum, Volume 35, Issue 8, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Pioneer purchase means big things -- Distressed children and infants international conference -- Civility lecture series -- SHU reacts to Spring Valley officer incident -- A dangerous habit, texting and driving -- Workouts with soul -- Unexpected changes to spring mission trips -- SAAC provides voice for student athletes -- Football drops third straight after loss to Duquesne

Uaa Justice Center 40th Anniversary 1975–2015, Uaa Justice Center

Vols 31-36 (2014-2019)

In celebration of its 40th anniversary, the UAA Justice Center presents a timeline of selected milestones from its history.

Shifting Gear: A Historical Analysis Of The Use Of Supportive Apparel In Powerlifting, Jan Todd, Dominic G. Morais, Ben Pollack, Terry Todd

School of Business Faculty Research

In many ways, powerlifting is an odd sport. Competitors do not run or jump; no balls, bats, or rackets are used; and only one competitor "plays" on the lifting platform at a time. Judging can be highly subjective; three judges intently watch as the athlete lifts the loaded barbell nine separate times over the course of the competition. There is no instant replay and most lifts take less than ten seconds to perform. At the end of the lift, each judge throws a switch; if at least two white lights appear, the lift is good; if two or more lights …

Spectrum, Volume 35, Issue 6, Sacred Heart University

Newspapers (Obelisk & Spectrum)

Highlights include: Sacred Heart welcomes families for 25th annual family weekend --Graffiti walls and chalk are all part of a new gallery display located in SHU's Edgerton Art Gallery --Perspectives: Is Sacred Heart getting too big? --Poet's corner --Graduate Student Spotlight: Meaghan McGann --Veteran Spotlight: United States Marine Corps Sergeant Nicholas Quinzi --Deborah Noack named Director of Communications --Theatre Arts Program is preparing for their newest Little Theatre musical, “They’re Playing Our Song” --Men's rugby looking to win championship --Strength & conditioning coaches keep athletes primed to perform --Men’s and women’s basketball teams took part in the annual ‘SHU Hoops …

The Pacifican October 22, 2015, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

Antique Polychromy Applied To Modern Art And Hittorff’S Saint Vincent De Paul In Paris, The Architectural Showpiece Of The Renouveau Catholique, Michael Kiene Ph.D.

Vincentian Studies

Michael Kiene discusses the career of the nineteenth-century architect Jacques-Ignace Hittorff and how Hittorff’s interests and research came together in the Basilica of St. Vincent de Paul in Paris. Hittorff made extensive studies of ancient Greek art and architecture and was one of the first scholars to recognize that brightly colored paint had been used in antiquity. His basilica’s portico was archaeologically correct and originally featured polychrome art done in enamel on lava stone. Hittorff put a great deal of effort into researching how polychromy could be applied to modern architecture. Unfortunately, this art was removed due to public criticism …

Lasting Impressions, Fall 2015, College Of Dental Medicine

Newsletters

No abstract provided.

Rhode Island Election Tickets: A Survey, Russell J. Desimone, Daniel C. Schofield

Technical Services Faculty Publications

Rhode Island was the first English colony in America to issue printed election ballots, with the first issued in the mid-1740s. This survey of Rhode Island election tickets, while not exhaustive, is representative of the use of tickets in elections spanning a period of over 150 years and documents state and local politics, political factions and election results from the Ward-Hopkins controversy of the colonial period to political factions during the War of 1812, the Anti-Masonic period of the 1830s, the Law and Order coalition of the 1840s following events of the Dorr Rebellion, the temperance movement of the 1850s, …

Gazetteer And Site-Based History Of The Ornithology Of Sabah. Malaysian Borneo, Frederick H. Sheldon

Occasional Papers of the Museum of Natural Science, Louisiana State University

The gazetteer lists sites in the state of Sabah, Malaysia, where birds have been collected, studied, or watched. Its purpose is to identify locations for research and birding in Sabah and to provide a brief scientific history of the more important sites. Each site description includes latitude, longitude, and general information on location. For many sites, elevation, habitat, scientific or birdwatching importance, historical notes, citations of key papers, specimen records, and records of certain species are also included.

Mandatory Arbitration In Consumer Finance And Investor Contracts, Michael S. Barr

Articles

Mandatory pre-dispute arbitration clauses are pervasive in consumer financial and investor contracts—for credit cards, bank accounts, auto loans, broker-dealer services, and many others. These clauses often ill serve households. Consumers are typically presented with contracts on a “take it or leave it” basis, with no ability to negotiate over terms. Arbitration provisions are often not clearly disclosed, and in any event are not salient for consumers, who do not focus on the importance of the provision in the event that a dispute over the contract later arises, and who may misforecast the likelihood of being in such a dispute. The …

Ethnic Ethiopians: A Case Study Of Discrimination Occurrence In Ethiopia, Chase E. Riddle

Research Papers

This paper presents a new way to understand the occurrence of ethnic discrimination within Ethiopia. I argue that during the time studied, 1950-1992, the more culturally similar five lesser ethnic groups were with a dominant ethnic group’s culture the less amount of political discrimination they faced from this dominant ethnic group. Using Minorities at Risk data in addition to a cultural similarity scale I have created I argue that ethnic discrimination levels within Ethiopia fluctuated over time due to the level of shared cultural traits a certain group had at any given point with the dominant Amharan ethnic group culture. …

The Pacifican September 17, 2015, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

The Courier, September 2015, Tennessee. Historical Commission.

Tennessee Historical Commission

No abstract provided.

Chateaubriand And His Influence On The Early French Romantics' Perspective On Nature, Kyra Kalina Sanchez Clapper

Electronic Theses and Dissertations Archive

This work analyzes Chateaubriand's writings on America and compares them to Rousseau's philosophical writings on nature. In doing so, Iargue that Chateaubriand showed an exception interest in nature without human intervention - unlike Rousseau, who had an anthropomorphic approach to nature. By emphasizing Chateaubriand's nonanthropomorphic approach to nature, this paper rejects the monolithic view of FrenchRomanticism and contributes a deeper understanding of this important trend eighteenth century onwards.In order to arrive at a global picture of Chateaubriand's idea of nature, the primary source I will analyze are Chateaubriand's Atala, Voyage en Amerique, and Memoires d'outre-tombe and Rousseau's Discours sur l'origine …

Mvst 4654 Medieval London: Omeka Report Instructions, 2015, Maryanne Kowaleski

Digital Pedagogy: Omeka Medieval London

Instructions for the object and site assignments that will assist students in completing their object and site assignments for the 2015 offering of MV 4654 Medieval London at Fordham University

The Struggle For Promoting Development. An Inter-American Analysis On The Making Of The Alliance For Progress. Argentina, Venezuela And The United States, Cristobal Espinoza

Stony Brook Theses and Dissertations Collection, 2006-2020 (closed to submissions)

This study analyzes the making Alliance for Progress from an Inter-American perspective by exploring the relationship between United States, Argentina and Venezuela during the implementation of the program. Based upon Inter-American research, this study explains the complexity and contradictions that aroused from this Development alliance. By placing special attention to the Inter-American complexities and contradictions behind the conceptualization and implementation of the Alliance for Progress, this study shows why Argentina and Venezuela had very different relationship with the program. Moreover, this work explains the reasons behind the Alliance's inability to promote Development based on democracy and economic growth. This study …

Carmen Pettapiece, D.O. Scrapbook 3, Carmen Pettapiece D.O.

Carmen Pettapiece, D.O. Scrapbooks

Scrapbook of personal papers and osteopathy-related materials from the collection of Carmen Pettapiece, D.O.

Underground Fieldwork – A Cultural And Social History Of Cave Cartography And Surveying Instruments In The 19th And At The Beginning Of The 20th Century, Johannes Mattes

International Journal of Speleology

At the turn of the 20^th century, the practical examination of caves went through a radical change. Governmental organizations and private clubs were founded in an attempt to establish speleology as an independent academic subject. In contrast to earlier cave visitors, travelers began entering underground areas and attributing the names of “explorers” or “researchers” to themselves. Fieldwork—especially cave surveying and cartography—became common practice in speleology and such work provided important clues on speleogenesis, which was a controversial issue in the first half of the 20^th century. Due to the fact that speleologists began separating themselves from ordinary …

Originalism As Thin Description: An Interdisciplinary Critique, Saul Cornell

Res Gestae

My essay was intended as a critique of originalism from the perspective of intellectual history. I pointed out that originalism lacked a rigorous empirical method for analyzing what texts meant in the past. I suppose in some sense it is flattering that Solum has devoted much of his recent article to an attack on my earlier essay. Of course, flattery aside, it would have been more useful if Solum had stated my thesis correctly. For purposes of clarity, I have juxtaposed Solum’s description of my argument with what my essay actually said. Readers will be able to judge for themselves …

The Esperanto Movement In The Dutch East Indies And Indonesia, Heidi Goes

Wacana, Journal of the Humanities of Indonesia

The Esperanto movement in Indonesia has grown in the past five years from being almost non-existent to having a national association with several clubs. One might therefore assume that the Esperanto movement in Indonesia is a totally recent phenomenon. However, already at the beginning of the twentieth century there were Esperantists in the territory of today's Indonesia. Between the two World Wars the movement was active: periodicals and books were published, courses held, and clubs and associations established. As a result of the Second World War this vigorous movement collapsed, but following independence the movement reflourished under the guidance of …

Ecology - As I See It, Jane Claire Dirks-Edmunds

Jane Claire Dirks-Edmunds Documents

Dr. Jane Claire Dirks-Edmunds summarizes her research experiences on Saddleback Mountain in Oregon. Several handwritten corrections are included. Dirks-Edmunds began studying the area in 1933 with her advisor at Linfield College, Dr. James A. Macnab. In 1940, the research site was logged and her study switched from detailing an existing Douglas fir community to tracking its regrowth.

Dr. Dirks-Edmunds graduated from Linfield College in 1937; she returned to teach in the Biology department at Linfield from 1941-1974.

The Daily Gamecock, Wednesday, June 24, 2015, University Of South Carolina, Office Of Student Media

June

No abstract provided.