Digital Commons Network^™

You'll Grow Into It: How Federal And State Courts Have Erred In Excluding Persons Under Twenty-One From 'The People' Protected By The Second Amendment, Ryder Gaenz

FIU Law Review

After more than two centuries of jurisprudential stillness, the United States Supreme Court undertook the task of discerning the Second Amendment’s meaning in District of Columbia v. Heller, holding that the Second Amendment protects the individual right to self-defense. Since Heller, the lower courts have grappled with determining the scope of the Second Amendment. One question of scope—the subject of this piece—is at what age does a person come within the scope of the Second Amendment’s protections? Some federal and state courts have suggested, and in some cases held, that persons under twenty-one do not enjoy Second Amendment rights. However, …

The Flaneur In The Borsig Locomotive Works: Walter Benjamin, The Berlin Radio Youth Hour, And Sound As Pedagogy, Kevin S. Amidon

Modern Languages Faculty Publications

Walter Benjamin’s radio addresses for young people remain a comparatively neglected part of his work. New scholarship and translations have begun to address this, however. This arti- cle argues that the radio addresses, and particularly the address on the Borsig locomotive and machine works, deserve a prominent place within the critical and intellectual trajectory of Ben- jamin’s career. A close reading of “Borsig” demonstrates how the addresses model the modes of experience mediated by and through Benjamin’s master figure of the flaneur and generate the possibility for a historical pedagogy adequate to modernity. In the radio addresses, in general, and …

N-Gram Text Classification On Standard Croatian, Bosnian And Serbian, Kegan Messmer

Honors Theses and Capstones

This study attempts to use three different kinds of n-gram text classification models to differentiate the standard forms of Croatian, Bosnian, and Serbian. These three languages, along with Montenegrin, were once considered one language, collectively termed “Serbo-Croatian”. These languages share a common South Slavic ancestry, and there is an argument to be made that their novel status as distinct languages is due to non-linguistic factors, such as culture and politics. This study uses 300,000 sentences from each language, sourced from Wikipedia pages written in the standard forms of each language. Three different classifiers were used: one unigram, one bigram, and …

The End Of Balancing? Text, History & Tradition In First Amendment Speech Cases After Bruen, Clay Calvert, Mary-Rose Papandrea

UF Law Faculty Publications

This Article examines the potential impact on First Amendment free-speech jurisprudence of the U.S. Supreme Court’s increasing reliance on text, history, and tradition in 2022 decisions such as New York State Rifle & Pistol Association v. Bruen. In Bruen, the Court embraced a new test for examining Second Amendment cases. It concentrates on whether there is a historical tradition of regulating the conduct in question, and it eliminates any use of constitutionally common means-end standards of review such as strict and intermediate scrutiny. Those two scrutiny standards often guide the Court’s free-speech decisions. The Bruen majority, however, asserted that its …

Beginning Anew: Archives Education At University Of Massachusetts Boston, 2010-2014, Darwin H. Stapleton

History Faculty Publication Series

This essay discusses the creation of an M.A. Archives Track for the Department of History at the University of Massachusetts Boston in 2010-2014. After laying out the process of creating the Track, and developing its curriculum, the essay discusses the relationship between the history and archives professions. Drawing on student feedback, the essay concludes with an evaluation of history-based archival education in an era when archival education has been increasingly based in library science programs.

Creating Light At Tunnel’S End: Ukraine’S Post-War Urban Recovery, Russell W. Glenn

Journal of Strategic Security

The US response to Iraq’s recovery in the aftermath of 2003 Operation Iraqi Freedom suffered from an initial conclusion that it was the country’s petroleum infrastructure rather than its electrical networks that were in greater need of recovery resources. The resulting misallocation of resources delayed power restoration to much of the country and frustrated those in affected regions.

Whether the cause is war or a catastrophe sparked by Mother Nature, accurately identifying and correctly prioritizing post-disaster requirements is fundamental to an effective and efficient response. Ukraine has demonstrated a commendable ability to repair war damage even as conflict continues, but …

The American Tradition Of Self-Made Arms, Joseph G.S. Greenlee

St. Mary's Law Journal

No abstract provided.

When We're Coming From What Would An Hiv Doula Do? On Pandemic Time(S), Alexandra Juhasz, Theodore Kerr, Jennifer Brier, Olivia Polk, Alex Fiahlo, Pato Hebert, Salonee Bhaman

Publications and Research

“When We’re Coming From” is a conversation across time and place among a group of writers and artists who are members of the What Would an HIV Doula Do? Collective. Seven of us have come together to have an asynchronous conversation about how our decades-long work to respond to the HIV/AIDS pandemic shapes our experience of the COVID-19 pandemic. Here we share six individual assessments of pandemic time to suggest ways that pandemics(s) shape our sense of time(s). What follows are our meditations on how and when we see ourselves, and the transitions of HIV/AIDS and COVID-19: “AIDS out of …

Calvin And Virginia Jackson Kiah Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of the personal and professional papers of Calvin and Virginia Jackson Kiah, spanning 1871 to 1999, with a focus on 1949-1989. It includes correspondence, teaching materials, artist files, photographs, newspaper clippings, and related documents. Of particular note are records of Virginia Jackson Kiah's work founding and managing both the Kiah House Museum in Savannah, Georgia, and the Lillie Carroll Jackson Museum in Baltimore, Maryland. The collection also focuses on materials supporting the museums' missions, such as Virginia Jackson Kiah’s drafts of a book on African American art contributions. The collection also contains documents relating to Calvin Kiah's …

From Homilies To Little Saint Hugh: Antisemitism In Medieval Literature, Haley Wells

Vulcan Historical Review

pp. 75-89

Vulcan Historical Review 27 (End Matter), Vulcan Historical Review Staff

Vulcan Historical Review

No abstract provided.

Monuments Without Faces?, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

Monuments take many forms and can serve several purposes. Typically associated with honor and a need to commemorate significant events, monuments seem to represent the ideas of the communities which house them. However, it remains to be seen whether all monuments represent a “good” memory. In this essay, the author seeks to comment on the concept of collective memory, specifically in the context of the history and experiences of marginalized groups in the United States. The author argues that monuments are a tool of promoting a collective memory: monuments are not part of history but rather part of the creation …

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

St. Mary's Law Journal

No abstract provided.

Black History In Adult Education In The United States: A Historical Review And Historiographical Critique, Jeremy William Bohonos, Chaddrick James-Gallaway, Arcasia D. James-Gallaway, Francena F.L. Turner

College of Humanities and Social Sciences

This article pushes towards the integration of the history of Black Adult Education (AE) into the broader history of AE literature and it contributes a critique of the field’s general omissions and misrepresentations of Black history. The purpose of this paper is twofold: (1) to critique the white-dominated history of AE texts and (2) to provide a historiographical essay that highlights works focused on the Black history of AE. In doing so, we offer a historical counternarrative rooted in the secondary historical literature that addresses the history of Black education. Ultimately, this paper critiques historiographical essays focused on AE, situates …

An Interdisciplinary Theological Method From The Knowledge Of The Forgotten, Alexandre A. Martins

Theology Faculty Research and Publications

No abstract provided.

The Heritage Of The Articles On State Responsibility For The International Law Commission, Sean D. Murphy

GW Law Faculty Publications & Other Works

In the two decades since their adoption in 2001, the International Law Commission (ILC)’s Articles on the Responsibility of States for Internationally Wrongful Acts (ASR) have had an extraordinary influence, not just on the field of international law generally, but also on the work of the ILC itself. Indeed, the ILC concluded four projects that directly resulted from or were closely related to the ASR in the first decade after its adoption. Moreover, references to the ASR have worked their way into most (albeit not all) of the ILC topics completed since 2001.

Yet those express references tell just part …

The U.S. Invasion Of The Dominican Republic: From Cooperation To Conquest, Andrew Defabio

Master's Theses

This paper explores the political and military relationship between the U.S. and the Dominican Republic from the Eisenhower administration to the Johnson administration’s invasion in 1965. The U.S. intervention in the Dominican Republic was a military operation that had been planned and prepared for by administrations prior and not simply a reactive decision to prevent a Communist takeover. Analysis of multiple administrations places the invasion of the Dominican Republic in a larger context of U.S. – Dominican relations. The U.S.’s desire to dominate military and political aspects of the Dominican Republic is consistent with U.S. Cold War Latin American policy.

Cyber Rollback: Popular Resistance In The Cyber Age, Matthew J. Flynn

Journal of Strategic Security

“Cyber Rollback” presents a portion of the effort of civilians to seize a warzone in cyberspace and make it free of violence even when facing the risk of violence. That need stems from governments seeking to control or restrict online connectivity. In the continued civilian push back in the face of state oppression, lofty sensibilities of the right of expression online meet the reality of the consequence of such a mandate, the prospect of violence surfacing as an outgrowth of online freedoms clashing with the physical consequences of such activism. In setting cyber events that surface in Ukraine, Africa, China, …

American Religious Liberty Without (Much) Theory: A Review Of Religion And The American Constitutional Experiment, 5th Edition, Nathan S. Chapman

Scholarly Works

Book review of Religion and the American Constitutional Experiment, 5th ed. By John Witte Jr., Joel A. Nichols, and Richard W. Garnett. Oxford: Oxford University Press, 2022. Pp. 464. $150.00 (cloth); $39.95 (paper); $26.99 (digital). ISBN: 9780197587614.

History Of The Use Tax In The United States, Christopher Jones, Yuyun Sejati, Spencer Usrey

The North American Accounting Studies

The use tax was developed by states to complement the sales tax. The aim was to prevent residents from being able to avoid paying the sales tax by simply going to a different state to make a purchase. Unlike the sales tax, which is collected by businesses at the point of sale, the use tax is self-reported by individuals. Since its inception in the United States in the 1930s, compliance with the use tax has been close to zero. This article examines the history of the use tax in the United States, including its original intent, enforcement issues, numerous court …

Do All Dogs Go To Heaven? How Our Secular Culture Views Death, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The One Good Thing About The Independent State Legislature Theory, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Trying To Capture, Cautiously, The O'Malley Style, James F. Keenan Sj

Jesuit Higher Education: A Journal

John W. O’Malley, S.J., has proffered and used the concept of style so as to name something other than content that is needed in order to understand argument or research. In a way, style is to contemporary argument what rhetoric was to grammar. This essay attempts to capture what O’Malley means by style, but also, and more importantly seeks to describe or capture O’Malley’s own style. By employing the different formats that Jesuit Higher Education: A Journal offers, the essay tries to highlight the relevance and richness of style in communicating the self to the other. In a word, style …

Why The Courts Should Stop Philly Da Larry Krasner’S Impeachment Trial, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Exhibit: Documenting The Presence Of Hispanic And Latinx Students At The University Of Kentucky, Ruth E. Bryan, Taylor Leigh

Library Presentations

From December 6-7, 2022, at the request of Hispanic Studies Department faculty Heather Campbell-Speltz, University Archivist Ruth Bryan and Hispanic Studies Librarian Taylor Leigh presented to students in classes SPA 211 and 208 an exhibit of items from the University Archives in the UK Libraries Special Collections Research Center that document the presence of Hispanic and Latinx students at the University of Kentucky. Starting with the first student from Latin America to graduate from the Agricultural and Mechanical College in 1878 (the precursor to today’s university) and going through some of the activities of the Latino Student Union in 2022, …

Indigenous Citizens And Black Republicans: Continuities And Evolutions Of Subalterns’ Political Visions And Repertoires In Post-Independence Colombia And Mexico, James Sanders

History Faculty Publications

This essay focuses on how Indigenous peoples in Colombia and Mexico sought to create a distinct politics, in which they could protect their colonial identities and local customs, within the new independent and republican nation-states of the Americas. Indigenous communities succeed in combining universal republican citizenship and particular colonial identities, maintaining more of a connection with the past, but nevertheless creating innovative solutions to adapt to the republican present. In contrast, popular African-Colombian actors eagerly embraced the possibilities of citizenship in new republican nation states, seeking to abandon a colonial identity associated with slavery. Both Afro-Colombians and Indígenas adapted traditional …

Russia’S Twenty-First-Century Naval Strategy—Combining Admiral Gorshkov With The Jeune École, Johannes Riber Royal Danish Navy

Naval War College Review

Both France after the Franco-Prussian War and post-Soviet Russia found themselves squeezed in multipolar worlds, with poor economies and loss of industrial power. Alongside Admiral Gorshkov’s continuing influence, modern Russian naval thinking has evolved toward an emphasis on smaller surface units with advanced capabilities—similar to the Jeune École concept—with implications for Western naval planning.

The Pacifican December 2022, University Of The Pacific

All Issues - Student Newspaper, The Pacifican, Pacific Weekly

No abstract provided.

When It Comes To Prosecuting Trump, Merrick Garland Needs To Decide Already, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Historical Revisionism: Revising Or Rewriting, Tyce Shank

Senior Honors Theses

Historical revisionism has long been a part of effective academic historiography. A constant re-analysis of the past and how previous historians came to their conclusions about it enable corrections to be made and new findings to be incorporated into modern and future historical metanarratives. While plentiful positive examples of this practice exist, in part because of an understanding of history as a discipline and how it is correctly and incorrectly represented in adaptations, notable poor and inappropriate examples of revisionism also exist. These rewrites are usually political and are often contested by political opponents and academics, but nevertheless persist. Understanding …