Digital Commons Network^™

Outside, Hidden And In Between: Locating The Migrant Exotic Dancer In Canadian Legal Discourse And Regulatory Practice, Carolina Santos Ruiz Austria

Comparative Research in Law & Political Economy

This article examines how objections against commercial sex, re-positioned from religious and moral to secular and modernist stances, converge with Canada’s broader economic and immigration policies. It focuses specifically on immigrant women in exotic dancing and on the exotic dancer visa alongside other temporary work permits issued to women in the “dirty, dangerous and difficult” or “3-D” sectors. This intervention in feminist legal theory draws upon spatial analysis to provide a more profound engagement of the law’s discursive power beyond the rhetorical and symbolic by drawing attention to how law creates and shapes spaces in material terms.

Neither ‘Public’ Nor ‘Private’, ‘National’ Nor ‘International’: Transnational Corporate Governance From A Legal Pluralist Perspective, Peer Zumbansen

Comparative Research in Law & Political Economy

The paper is part of a larger research project on transnational private regulation, carried out under the auspices of Hague Institute for the Internationalisation of Law [HiiL] at University College Dublin, the European University Institute and Tilburg University. It addresses the regulatory challenges arising from a fast-growing body of norms produced by non-state actors in the transnational arena. Focusing on the example of corporate governance codes through a legal pluralist lens, the paper investigates the arguments that qualify corporate governance codes as either ‘soft’ law or as non-law and rejects this categorization with reference to the wide-ranging evidence of new …

Corporate Governance, Capital Market Regulation And The Challenge Of Disembedded Markets, Peer Zumbansen

Comparative Research in Law & Political Economy

Long before the current financial and economic crisis, corporate governance and securities regulation had become part of one of the most interesting and dynamic regulatory areas in law and policy making today. Both areas had been undergoing dramatic transformations over the past 30-40 years, which saw a global expansion of capital markets and a deep-running ‘financialisation’ of the corporation. Around the world governments saw themselves challenged to adapt their regulatory apparatus to the whims and hues of nervous investors with global sensitivities. Meanwhile, scholars in law, economics, but also political science and sociology fiercely debated whether what was unfolding constituted …

Review Essay – Emmanuel Melissaris’S Ubiquitous Law: Legal Theory And The Space For Legal Pluralism, Derek Mckee

Comparative Research in Law & Political Economy

Legal pluralism can be traced to early 20th century attempts to situate law in its social context. It later gained prominence as part of a moderate-left critique of the administrative-welfare state (and was echoed in right-wing economic critiques). In the last two decades, left and right visions of informality and pluralism have converged in a “governance” agenda, with a distinct global dimension. But the idea of making law respond to society, with which pluralism is closely associated, rests on a paradox. It presupposes the ability to identify something as law and something else as society. But each of these concepts …

The Conundrum Of Order: The Concept Of Governance From An Interdisciplinary Perspective, Peer Zumbansen

Comparative Research in Law & Political Economy

The term governance has made an impressive career in a number of disciplines concerned with regulation, order and law. This chapter draws on insights from legal studies, sociology, political science, anthropology, history and geography to paint a multifaceted picture of existing, competing and complementing approaches to the concept of governance. For reasons of space, the chapter can but point to the different variations on a theme, as governance occupies an ambivalent place in past and present discourses on political (or, legal or economic) order and society. It is argued that beyond pointing to crucial phases of methodological and theoretical transformation …

The Future Of Legal Theory, Peer Zumbansen

Comparative Research in Law & Political Economy

This paper is part of a larger inquiry into “The Future of Law,” conducted by the Hague Institute for the Internationalisation of Law. The present paper addresses the prospects of development in the area of legal theory. It argues for a fundamental transformation of legal theory in the context of an increasingly interdisciplinary investigation into conceptualising legal argument and law’s role in regulating modern societies, inside and outside known parameters such as the state, normative hierarchy or ‘unity of law’. Instead, we must ask how and whether law at all can (or, should) reassert its place in a multi-vocal assessment …

Making Space For Grandma: The Emancipation Of Traditional Knowledge And The Dominance Of Western-Style Intellectual Property Rights Regimes, Ikechi Mgbeoji

Comparative Research in Law & Political Economy

The question that this paper seeks to tackle is whether the patent system is of any relevance or pertinence to the search for mechanisms for the protection of traditional knowledge (TK) of the medicinal uses of biodiversity possessed by traditional knowledge practitioners across different parts of the world. Allegations of biopiracy have been made against researchers, bioprospectors and other entities actively scouring indigenous peoples’ cornucopia for the next miracle drug. The objective of this paper will be achieved through two main approaches. The first analyzes the historical and philosophical roots of the divide between dominant regimes of intellectual property rights …

A Critical Legal Pluralist Analysis Of The Begum Case, Amy Jackson

Comparative Research in Law & Political Economy

This paper considers the advantages of a critical legal pluralist analysis of the English case R (on the application of Begum) v. Headteacher and Governors of Denbigh High School [2007] 1 AC 100. The case concerns whether a state school’s decision to exclude a pupil (Shabina Begum) for wearing an Islamic veil (a jilbab, which is a long coat-like garment which covers the whole body except the hands and face) infringed her right to manifest her religion and her right to an education protected under Articles 9 and 2 (of the First Protocol) of the European Convention of Human Rights …

Jurisprudence And Psychology, Dan Priel

Comparative Research in Law & Political Economy

I argue that much of the work in analytic jurisprudence has been concerned with two questions that have not been adequately distinguished: (a) an inquiry about the concept of law, and (b) an explanation of the important features of the practice of law. It is often assumed that the two inquiries are the same. In this essay I distinguish the two and argue that work in psychology provides important insights about both. With regard to the first, I argue that much jurisprudential conceptual analysis is challenged by psychological work on concepts. With regard to the second, I argue that legal …

2010 Commencement Program, Morehead State University. Registrar's Office.

Morehead State Commencement Programs

2010 commencement programs of Morehead State University.

Harm Reduction And The American Difference: Drug Treatment And Problem-Solving Courts In Comparative Perspective, James L. Noland Jr.

Journal of Health Care Law and Policy

No abstract provided.

Junípero Serra And The Santa Bárbara Channel, Rose Marie Beebe, Robert M. Senkewicz

History

One of the greatest regrets of Junipero Serra's life was that he was never able to establish a mission in Santa Barbara. He never really lived there. He spent some time at the presidio during its first few years, but for the most part he was somewhat like a contemporary tourist-passing through, hoping that maybe some day he could put down roots, but never quite succeeding in doing this. However, it is important to study and understand the experience Serra had in the Santa Barbara Channel with the peoples who had lived there for thousands of years before he arrived, …

The Representation Of Junípero Serra In California History, Robert M. Senkewicz

History

Junipero Serra was the subject of the first published book written in Alta California. In September 1784, a week or so after he had celebrated Serra's funeral Mass, Francisco Palóu, Serra's former student and closest friend, returned to his post at Mission San Francisco de Asis. He spent the next months writing Serra's biography which he entitled Historical Account of the Life and Apostolic Labors of the Venerable Father Fray Junipero Serra. Palóu took this manuscript with him when he returned to Mexico City in the summer of 1785. He circulated it among a number of his companions at the …

Worlds To Discover: 125 Years Of Collections At Bryn Mawr College, Bryn Mawr College

Books, pamphlets, catalogues, and scrapbooks

Exhibition held at Bryn Mawr College Class of 1912 Rare Book Room, Canaday Library, from September 24, 2010-May 28, 2011.

Heavy Metal: An Anthropological Approach To A Religious Phenomenon, Alexandra Durazo

Whittier Scholars Program

This essay will consider whether the experience of heavy metal music can be understood as a religious phenomenon. Through field research and an exploration of ways to understand religion, I will show that the culture of heavy metal music parallels that of a religious phenomenon while considering whether heavy metal culture qualifies as a legitimate religion. From first-hand experience as well as observation and analysis and using anthropological methods of field research, I have gathered data in a journal to provide evidence of my experiences and analysis at heavy metal concerts from May 2, 2009 to April 8, 2010. I …

Mohamed T. Ei-Ashry And Diana C. Gibbons Eds., Water And Arid Lands Of The Western United States, Sarah Felsen

Water Law Review

No abstract provided.

Contributors To Trotter Review, Vol. 19, Issue 1

Trotter Review

No abstract provided.

Projective Techniques In Us Marketing And Management Research: The Influence Of The Achievement Motive, Lawrence Soley

College of Communication Faculty Research and Publications

Purpose – This paper aims to examine the use of projective techniques for published marketing and management research in the USA. The paper emphasizes the influence that McClelland, Atkinson, Clark and Lowell’s study, The Achievement Motive (1953), has had on subsequent research. That work applied quantitative analysis to responses obtained using projective techniques.

Design/methodology/approach – The approaches used in this paper consist of descriptive historical methods and a literature review. The historical analysis was conducted using Kuhn’s 1967 conception of paradigms, showing that the paradigm from which projective techniques emerged – psychoanalysis – failed to gather many adherents outside the …

Towards A Jurisprudence Of Hybridity, Paul Schiff Berman

GW Law Faculty Publications & Other Works

Debates about non-state normative communities often devolve into clashes between two polarized positions. On the one hand, we see the desire to eradicate difference through forced obeisance to a single overarching state norm. On the other, we see claims of complete autonomy for non-state lawmaking, as if such non-state communities could plausibly exist in isolation from the communities that both surround and intersect them.

Neither of these positions takes seriously the importance of engagement and dialogue across difference. Navigating difference doesn’t require either assimilation or separation; it requires negotiation. Legal pluralists have long charted this process of negotiation, noting, for …

The Axiological Turn In Early Twentieth Century American Philosophy: Alain Locke And José Vasconcelos In Epistemology, Value, And The Emotions, Grant J. Silva

Philosophy Faculty Research and Publications

No abstract provided.

Gender, Masculinities And Transition In Conflicted Societies, Naomi R. Cahn, Fionnuala D. Ni Aolain

GW Law Faculty Publications & Other Works

This article uses a gender lens to explore how conflict affects men and women differently. It examines issues related to the emergence of certain kinds of “hyper” masculinity in situations of conflict and how such masculinities continue to function in subsequent peace-building attempts. The article argues that a failure to account for and be cognizant of these specific masculinities has a significant effect for women in particular, and, more generally, on the success of the conflict transition process. Finally, we show how using a gender lens could make a difference by considering the specific example of the impact of violent …

Community College Transfer Students' Reflections Of Their Needs, Experiences, And Persistence At A Private Four-Year Institution, Virginia Rios

Doctoral Dissertations

NA

At The Crossroads Of Learning And Culture : Identifying A Construct For Effective Computer-Assisted Language Learning For English Language Learners, Yun Shaw

Doctoral Dissertations

NA

Xperts And Novices: Differences In Their Use Of Mental Representation And Metacognition In Engineering Design, Raymond Anthony Dixon

Dissertations

Research shows that mental representation such as analogical reasoning is a fundamental cognitive tool for design problem solving (Daugherty & Mentzer, 2008; Hey, Lensey, Agogino, & Wood, 2008; Lewis, 2008). Not much is known, however, about the way students and professional engineers actively generate and change their mental representation when solving a engineering design problem. There are very few studies that show how different types of mental representations; such as metaphors, propositions, and analogies; interplay with higher order cognitive processes; such as planning, monitoring, and evaluation; as engineering designers navigate their problem and solution spaces. This empirical study investigated the …

Neo-Kantianism In Germany And France, Sebastian Luft, Fabien Capeillères

Philosophy Faculty Research and Publications

No abstract provided.

"Philosophy On The Track Of Freedom" Or "Systematizing Systemlessness": Novalis’S Reflections On The Wissenschaftslehre, 1795–1796, Michael Vater

Philosophy Faculty Research and Publications

No abstract provided.

Bedtime Stories : How To Hope And Cope With The American Dream, Sabrina Jones

Theses, Dissertations and Capstones

A multi-genre work combining New Journalism and literary analysis. The narrator (played by ―Girl in the bedtime stories) presents a critical essay exploring destabilized truths and dangers in an American dream that turns modern man into a machine. The goal is to show how the dream has evolved from the original Puritan dream set out by early American settlers/writers to the Postmodern vision of success (or failure) we read about today and what kind of effect this dream has on the average scholar. The thesis is broken up by reflections on her learning imbedded in dialogue with her always opinionated …

Linear Enamel Hypoplasia At Santa Rita Corozal, Belize, Andrew Peter Tetlow

Electronic Theses and Dissertations

The focus of this thesis is an analysis of a sample of dentition collected from the Postclassic Maya site of Santa Rita Corozal in Northern Belize. The goal of this study is to determine what the presence (or absence) of Linear Enamel Hypoplasia (LEH) can demonstrate about the general health (i.e. stress, disease, nutrition, and weaning age) and social status of a single subset of the Late Postclassic (900-1500 CE) Maya living at Santa Rita Corozal. Specifically, this thesis focuses on dentition of thirteen individuals from a large Postclassic platform group. The sample consists of sub-adult and adult female dentition …

The Academic And Social Adjustment Of First-Generation College Students, Daniel Jean

Seton Hall University Dissertations and Theses (ETDs)

.

Teaching Interdisciplinary Collaboration: Theory, Practice, And Assessment, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this article, we offer our own theory-based methodology for teaching interprofessional collaboration to law students and we present our preliminary data on its effectiveness. Part I explicates the definition and development of interdisciplinary collaboration. Part II describes how we have grounded our course in current theory, and Part III explains the extent to which our efforts have been successful. Finally, in Part IV, we offer additional thoughts regarding the teaching of interdisciplinary collaboration and pose questions and ideas for future data collection.