Digital Commons Network^™

Supremacy Clause Textualism, Henry Paul Monaghan

Faculty Scholarship

Whatever its status in the statutory interpretation "wars," originalism-driven textualism has assumed an increasingly prominent role in constitutional interpretation, at least within the academy. The focus of this Article is on one such form, namely, "Supremacy Clause textualism", that is, recent textualist claims about the implications of the Supremacy Clause of Article VI. This Article addresses two such claims.

First, in important articles, Professor Bradford Clark argues that the clause is "at the epicenter of [our] constitutional structure" and it "recognizes only the 'Constitution,' 'Laws,' and 'Treaties' of the United States as 'the supreme Law of the Land."' Displacement of …

Book 1 Of William The Breton's "Philippide": A Translation, Gregory P. Stringer

Master's Theses and Capstones

Among the contemporary narrative sources for the reign of King Philip II Augustus of France [r. 1179--1223], William the Breton's thirteenth-century epic poem the Philippide is the least well known and the least utilized. This thesis represents the first English language translation of a significant portion of the Philippide. The introduction explores William the Breton's life and works; the poem's sources, classical and contemporary; William the Breton's vocabulary and poetic voice; William the Breton's self-conception as a historian and a narrator, as demonstrated in his surviving works; and the overall theme and structure of the Philippide. It also includes as …

Yale Medicine : Alumni Bulletin Of The School Of Medicine, Winter 2010, Yale University. School Of Medicine

Yale Medicine Magazine - alumni bulletin and magazine

This is the Winter 2010 issue of Yale Medicine: alumni bulletin of the School of Medicine, v. 44, no. 2. Prepared in cooperation with the alumni and development offices at the School of Medicine. Earlier volumes are called Yale School of Medicine alumni bulletins, dating from v.1 (1953) through v.13 (1965).

The Study Of Secularism And Religion In The Constitution And Contemporary Politics Of Turkey: The Rise Of Interdisciplinarity And The Decline Of Methodology?, Russell Powell

Faculty Articles

Using the experience of Islamist parties in Turkey as a comparative example, this article explores whether political parties with deeply held religious ideologies can integrate themselves into liberal democracies, paying particular attention to the nature and role of legal secularism (the mechanism states use to insulate themselves from religious influence). This is an extension of the query whether the rise of illiberal political groups eventually leads to the end of liberal society. These queries engage the assumption that illiberal religious ideology is incapable of tolerating dissent or pluralism. This article examines Turkish constitutional secularism as well as the “Islamist” Justice …

"The Coming Man From Canton": Chinese Experience In Montana (1862-1943), Christopher William Merritt

Graduate Student Theses, Dissertations, & Professional Papers

The Chinese immigrants who came to Montana during the 19th and 20th centuries forged a new community. The goals of this dissertation were to create a historical and archaeological context for Chinese Experience in Montana, and to frame the interpretation of these results within a social organization framework that highlights the role of Overseas Chinese voluntary organizations such as secret societies. Archaeologists and historians have studied the Chinese in Montana for a little over two decades, though nothing comprehensive has ever been attempted to sew together the various investigations. In addition, there has been no attempt to inventory all the …

“Lost In Translation?”: Women’S Issues In The Struggle For National Liberation In South Africa (1910-1985), Carly F. Bower

Master's Theses and Doctoral Dissertations

This study examines the struggles of South African women from the beginning of the Union of South Africa and the period of Segregation to the period of national defiance during Apartheid, throughout all of its ebbs and flows. By contextualizing women’s struggle for political and gender liberation within the political struggle of black men in South Africa, this study broadens the picture of female involvement within the anti-Segregation and anti-Apartheid struggles. In formal organizations such as trade unions and the Federation of South African Women, by the force of grassroots movements and boycotts, and through the persistence of informal economic …

The Book Of Job: Navigating Between The Two Jobs From The Perspective Of Ritual, Lawrence Pang

Theses

The overarching problem concerning the unity of the book of Job is its conflicting juxtaposition of Job’s character. In the prose frame, Job does not charge God with any wrongdoing despite the afflictions against him and is acknowledged by God for his piety whereas in the dialogue, Job responses with words of accusation against God for his trouble and for mismanaging the affairs of the world according to the orthodoxy of reward and punishment. Various methodological approaches, ranging from the synchronic to the diachronic, have been advanced to account for the dissonance, however, to date, no attempt has been made …

Slavery In The White Psyche : How Contemporary White Americans Remember And Making Meaning Of Slavery : A Project Based Upon Independent Investigation, Ryan Nelson Parker

Theses, Dissertations, and Projects

This qualitative study explored how contemporary white Americans remember and make meaning of U.S. slavery and assessed if there is psychological conflict in relationship to slavery. Semi-structured interviews were conducted with 15 participants who identify as "white" and were born and raised in the United States. Participants were asked to reflect on their memories of learning about, talking about, and knowing about the history of slavery; to share their internal representations of slavery and how they imagine their familial, personal, and imagined relationship with slavery; to report their beliefs about the impact of slavery on themselves personally and on contemporary …

The Courtship Of Providence And Patriotism: The Founders' Perceptions Of American Religion, Spencer Welles Mcbride

LSU Master's Theses

This thesis examines the religious language used by America’s Revolutionary leadership, particularly regarding days of fasting and prayer, the appointment of chaplains to the Continental Army, and the practice praying in the Continental Congress. These three occurrences indicate the presence of religious thought in the prosecution of the American Revolution and the establishment of an American nation. But it is an oversimplification to draw the conclusion that the founding of the United States was religious in nature simply because religious thought was involved in the process. Examining these three acts reveals the complex association of religious and political rhetoric, and …

Tarnishing The Golden Stool, Fenna Maximiliane Wächter

Honors Theses

This thesis deals with the Asante federation (in modern-day Ghana ) in the nineteenth century, within the wider context of a general crisis of authority in African states in the later partof the century. African states were fighting against the external pressures of European imperial expansion while facing internal challenges to their structures of power. Asante was one of these states and this thesis examines why, because of a particular combination of internal and external challenges, Asante was unable to maintain its independence at the end of the nineteenth century.

Invisible Dread, From Twisted: The Dreadlock Chronicles, Bertram D. Ashe

English Faculty Publications

This excerpt traces the issues and process surrounding the dreadlocking of an Afri­can-American professor's hair. The personal history leading up to the decision to grow locks is briefly addressed, as is the experience of getting twisted for the first time and some reactions to the new hairstyle. Twisted discusses issues of cultural authenticity and academic nonconformity. It examines dreadlocks as a pathway to explore black identity, but in opposing ways: the act of locking ones hair does dis­play unconventional blackness - but it also participates in a preexisting black style. To what extent, the excerpt asks, can the adoption of …

Konsep Perkahwinan Dalam Islam Dan Kristian : Kajian Perbandingan., Roziah Chek

Student Works (2010-2019)

This research is a comparative study on the marital concept between the religions of Islam and Christianity focuses on Roman Catholic. Several aspects in the marital concept of both religions have been studied and instruments have been designed to determine the difference between the two religions. The formation of Islamic society and Roman Catholic society is derived from the formation of marital institution. Hence, this study discusses the main principals of marriage from the process of choosing a partner until the final process of marriage. In addition, this study also analyzed the process of resolving marriage in Islam and Roman …

Good Causes And Bad Science, Gregory Mitchell

Vanderbilt Law Review

No abstract provided.

Review Of G. Koch, K. Fittschen, And O. Dally, Eds., Akten Des Symposiums Des Sarkofag-Corpus Marburg 2001 (Mainz 2007), Sinclair Bell

Faculty Articles, Papers, and Other Scholarship

Review of G. Koch, K. Fittschen, and O. Dally, eds., Akten des Symposiums des Sarkofag-Corpus, Marburg 2001 (Mainz 2007)

Community Development For A White City: Race Making, Improvementism, And The Cincinnati Race Riots And Anti-Abolition Riots Of 1829, 1836, And 1841, Silas Niobeh Crowfoot

Dissertations and Theses

This project is an historical ethnography and a cultural history of the anti-black race riots and anti-abolition riots in Cincinnati, Ohio, in 1829, 1836, and 1841. It is also a case history in an urban and commercial/early industrial context of the idea that violent social practices such as riots, as well as law and the customary practices of everyday living, are deployed as race making technologies, actually constructing racial categories. By extending this constructivist concept to the conversion of space to place through the human ascription of meaning, this study also examines racial violence as a strategy for place making …

Theodore Roosevelt On Labor Unions: A New Perspective, Louis B. Livingston

Dissertations and Theses

Historical studies of Theodore Roosevelt's views about labor and labor unions are in conflict. This was also true of contemporary disagreements about the meaning of his labor rhetoric and actions. The uncertainties revolve around whether or not he was sincere in his support of working people and labor unions, whether his words and actions were political only or were based on a philosophical foundation, and why he did not propose comprehensive labor policies.

Roosevelt historiography has addressed these questions without considering his stated admiration for Octave Thanet's writings about "labor problems." Octave Thanet was the pseudonym of Alice French, a …

Voltaire Et Le Sauvage Civilisé, Christopher J. Barros

Master's Theses

This thesis explores Voltaire's interpretation of human nature, society, and progress vis-à-vis the myth of the "noble savage," an image that was widespread in the literature, imagination, and theater of the 17th and 18th centuries. For many people at that time, the "bon sauvage" embodied a certain happiness, simplicity, and equality that were lost when humankind exited its "primitive" state and became "civilized." Rousseau's "Discours sur l'origine et les fondements de l'inégalité parmi les hommes," which was vehemently criticized by Voltaire, greatly popularized the myth of primeval bliss, a myth which is still with us today.

In various works by …

Doc 2010-04 The Common Academic Program, University Of Dayton. Academic Policies Committee

Senate Documents

Official, approved document of the Academic Senate of the University of Dayton.

The Common Academic Program, University Of Dayton. Academic Policies Committee

Senate Documents

Draft document of the Academic Senate of the University of Dayton.

The Common Academic Program, University Of Dayton. Academic Policies Committee

Senate Documents

Official document of the Academic Senate of the University of Dayton.

Parallel Lives And Literary Legacies: Crusoe's Elder Brother And Defoe's Cavalier, Andrea Walkden

Publications and Research

No abstract provided.

Interdisciplinary Curricular Conversations Examining Arts And Academics: Teacher Implementation And Student Outcomes, Angela Miller, Delane Bender-Slack, Robert Burroughs

Mid-Western Educational Researcher

This qualitative study examined the integration of arts and academic curricula at a performing arts school by focusing on the curriculum as it is understood and perceived by the students. The study centered on five students at a performing arts magnet school who were chosen based upon contrasts in their arts classes in order to represent a range of participation in the various performing arts. Findings indicated that students were unable to recognize the integration of arts in the teaching materials, strategies, and interaction in academic courses. Results also indicated that the more teacher-centered instructional materials and pedagogical strategies utilized …

Composition Under Review: A Genre Analysis Of Book Reviews In Composition, 1939-2007, Sandra Wald Valensky

Wayne State University Dissertations

Although reviews have been a part of two flagship composition journals, College English and College Composition and Communication throughout their publication histories, little attention has been shown to them in any full length research studies. This dissertation study provides a historical genre analysis of reviews to illustrate the role of reviews in reflecting and contributing to composition's struggle for full disciplinary status.

Methodologically, this mixed methods study uses historical analysis, genre analysis, and an interview study to investigate reviews and their functions in the field of composition. A corpus of 90 reviews, 45 from each journal, was analyzed from 1939 …

Asia Pacific Perspectives Vol. 9 No. 2, June 2010, University Of San Francisco, University Of San Francisco

Asia Pacific Perspectives

Contents:

The Sea Otter Islands: Geopolitics and Environment in the East Asian Fur Trade by Richard Ravalli

The origins of the sea otter trade can be traced to inter-Asian fur markets that developed centuries prior to the well-chronicled journeys of Vitus Bering and James Cook in the North Pacific. Japanese merchants and Ainu hunters traded for otter pelts as part of a larger system of exchanges in the Western Pacific. Russian entry to the trade by the early eighteenth century intensified territorial disputes in the Kuril Islands. A series of Russo-Japanese showdowns in the region helped forge an international borderland …

Leo Strauss And The Problem Of Sein: The Search For A "Universal Structure Common To All Historical Worlds", Jennifer Renee Stanford

Dissertations and Theses

Leo Strauss resurrected a life-approach of the ancient Greeks and reformulated it as an alternative to the existentialism of his age that grew out of a radicalized historicism. He attempted to resuscitate the tenability of a universal grounded in nature (nature understood in a comprehensive experiential sense not delimited to the physical, sensibly-perceived world alone) that was historically malleable. Through reengagement with Plato and Socrates and by addressing the basic premises built into the thought of Friedrich Nietzsche and Martin Heidegger, Strauss resurrected poetry (art, or the mythos) that Enlightenment thinkers had discarded, and displayed its reasonableness on a par …

Entertainment Media's Satirical Effects On Teenage And Adult Attitudes Of Political News Organizations., Joseph Lawrence Chianak:As

Communication

This study explored the effect of satire in persuasion by comparing attitude changes between adults and teenagers. It revealed that satire was effective in changing attitudes and that satire had a greater effect on changing teenage attitudes than adult attitudes. In this study, participants rated the trustworthiness and competency of political news organizations and then watched comedic segments from entertainment media that satirized the political news organizations. After the satirical segments, participants re-evaluated the trustworthiness and competency of political news organizations. The satire proved to be effective in negatively changing the perception of trustworthiness and competency among political news organizations, …

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

Articles

Scholars have long debated Congress's power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress's authority if any must be judicially enforceable and found in the text and structure of Article III In this Article I challenge that fundamental assumption I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I These Article I lawmaking procedures give competing political factions even political minorities considerable power to "veto" legislation Drawing on recent social science and legal scholarship I argue that political factions are particularly likely …

Annotated Bibliography: Education In Nauvoo, Marnie Hopkins

Student Works

Sources used for a Masters Project by Marnie Hopkins titled, "History of Latter-day Saint Education in Nauvoo 1839-1845."

Correct Diagnosis; Wrong Cure: A Response To Professor Suk, Joan C. Williams

Faculty Scholarship

No abstract provided.

Primary Source Use In High School History Classrooms: Categories, Frequency, And Assessment, Michaela Goblirsch

Honors Program Theses

Throughout this thesis project, I will research the many various forms of primary sources as well as a variety of assessment styles. By reviewing literature and analyzing results from a survey of high school history teachers, I will discover the manner and scope in which primary sources are used in history classes. Also, I hope to determine which primary sources students respond best to, taking into account their age and gender. Teachers will be able to use this information to construct more engaging and challenging lesson plans featuring primary sources. Knowing which types of primary sources are most effective for …