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Articles 277831 - 277860 of 5207250
Full-Text Articles in Entire DC Network
Measuring Income And Income Inequality, Conor Clarke, Wojciech Kopczuk
Measuring Income And Income Inequality, Conor Clarke, Wojciech Kopczuk
Scholarship@WashULaw
Income inequality is important, but attempts to measure it arrive at strikingly different conclusions. Why? We use recent disputes over measuring United States income inequality to return to first principles about both the income concept and inequality measurement. We emphasize two broad points. First, no measure of the income distribution is truly comprehensive, or could attempt to be comprehensive without making controversial choices. We document the practical and conceptual problems that the standard ideal—comprehensive Haig-Simons income—raises. Second, much of the controversy in this area turns on the many tradeoffs between starting with individual tax data versus more expansive income concepts. …
Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners
Disagreement And Historical Argument Or How Not To Think About Removal, Andrea Scoseria Katz, Noah A. Rosenblum, Jane Manners
Scholarship@WashULaw
Scholars have debated the reach of the President’s power to remove government officers for over one hundred years. This old fight is now suddenly urgent as President Trump asserts far-reaching powers to control the federal bureaucracy and the Supreme Court transforms Unitary Executive Theory into caselaw. Yet the scholarly case for an indefeasible presidential removal power has never been weaker.
This Essay continues an ongoing conversation about how to read some critical early republic evidence about removal. It briefly recapitulates the stakes of the disagreement before offering in-depth analyses of developments in Pennsylvania removal practice, including a reading of the …
When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani
When Hard Cases Make Bad Law: A Theory Of How Case Facts Affect Judge-Made Law, Sepehr Shahshahani
Scholarship@WashULaw
“Hard cases make bad law” is one of the most famous aphorisms in Anglo-American law. Its insight is that when strict application of a generally sound law would impose a special hardship on someone, a court may be tempted to distort the law to avoid the hardship. Scholars have long debated the meaning and truth of the aphorism, but the debate has suffered from an imprecise conceptualization of what makes a case “hard.” This lack of precision limits our ability to disentangle and work through the important questions the aphorism raises about how the facts of a particular case affect …
Ai Fetishism And Perverse Climate Disavowal: Why Denying Destructiveness Facilitates Our Ecological Collapse, Alexander M. Stoner, Alexander M. Stoner, Anthony J. Knowles
Ai Fetishism And Perverse Climate Disavowal: Why Denying Destructiveness Facilitates Our Ecological Collapse, Alexander M. Stoner, Alexander M. Stoner, Anthony J. Knowles
Journal Articles
As ecological crises intensify, scholars and activists increasingly question the sustainability of economic growth. Yet, the dominant growth-oriented paradigm remains foundational to advanced capitalist societies and cannot be altered without significant social disruption. The resulting tension between ecological limits and the imperative for continuous growth generates “climate anxiety.” This article advances the concept of perverse climate disavowal: a mode of climate denial that acknowledges climate threats while maintaining faith in the illusion of infinite economic expansion. This disavowal functions as a psychological defense mechanism, enabling individuals and institutions to avoid confronting structural contradictions. The article examines the increasing use of …
An Exploration Of The Experiences And Factors Influencing Physical Activity In People With Parkinsons, Heather Hunter
An Exploration Of The Experiences And Factors Influencing Physical Activity In People With Parkinsons, Heather Hunter
School of Health Professions Theses
Abstract:Background: Physical activity plays a crucial role in enhancing the well-being and quality of life of people with Parkinsons. Despite substantial evidence supporting its benefits, people with Parkinson’s struggle to maintain an active lifestyle. This thesis explored the perspective of people with Parkinsons on their engagement in physical activity.Methodology: This research employed a person-centred approach, comprised of three sequential phases. Phase One: A systematic review utilising the JBI approach of meta-aggregation synthesised the best available qualitative evidence of people with Parkinson's' views and preferences regarding physical activity interventions. Phase Two: Constructive Grounded Theory was used to explore the beliefs, attitudes, …
Thinking Artfully With Matter: A Posthuman Enquiry Into The Pedagogical Values Of Sketch-Booking., Melanie Potier
Thinking Artfully With Matter: A Posthuman Enquiry Into The Pedagogical Values Of Sketch-Booking., Melanie Potier
School of Law, Humanities and Social Sciences Theses
Becoming attentive to art practices in terms of what they can do rather than what they are, the writing generates a more tentative-artful engagement with how sketchbooking processes engender more response-able relationship with the world. Exploring the relation between sensation and thought, this exemplification of the speculative potential of force and form, emerges as a powerful resistance to the constraints of the neoliberal education system. Practicing art as immanent doing, Erin Manning’s theory of incipient movement works to develop concepts, such as research-creation, event-time, artfulness and thought in motion, which find expression through the mundanities and ordinary occurrence of the …
‘It’S Just So Much Work For Our Little Hands’: Exploring The Multi-Dimensionality Of Pre-School Children’S Lived Experience In Shaping Expressions And Perceptions Of Learning., Sasha Tregenza
School of Law, Humanities and Social Sciences Theses
This thesis creatively explores the multi-dimensionality of pre-school children's lived experience in shaping expressions and perceptions of learning within Early Childhood Education and Care (ECEC). Concepts of ECEC practice within England continue to be shaped by the lasting legacies of those regarded as early years ‘pioneers’, alongside theories of child development and an ever-increasing influence of governmental legislation and policy. Pioneers and policy combined, has led to growing emphasis upon school readiness and performativity culture, resulting in repeated and often unchallenged pedagogy within ECEC. This qualitative study draws upon aspects of facet methodology as a research orientation, to disrupt existing …
“Flies Don't Make Honey": An Exploration Of Preschoolers’ Feelings And Actions Towards Nature, Kathrin Paal
“Flies Don't Make Honey": An Exploration Of Preschoolers’ Feelings And Actions Towards Nature, Kathrin Paal
School of Law, Humanities and Social Sciences Theses
The burgeoning climate crisis resulting from anthropogenically enhanced global warming has made protection, restoration and affection for the environment an increasingly urgent matter. The irresponsible use of resources and pollution has caused, and will continue to cause, disastrous impacts on habitats and ecosystems globally; we urgently need to better care for the natural environment. Children’s perceptions towards nature are formed during early experiences. There is a research gap for age-appropriate methods to understand children’s perspectives whilst conceptualising them as the experts in their own lives and meaningfully enhancing their involvement in research. The aim of this thesis is to explore …
The Nature Of The Interplay Of Classical And Biblical Intertexts In Milton's Poetry, Timothy Windsor
The Nature Of The Interplay Of Classical And Biblical Intertexts In Milton's Poetry, Timothy Windsor
School of Law, Humanities and Social Sciences Theses
Catabasis, the hero’s descent and return from the underworld, was the supreme heroic feat in classical myth and literature because it represented the accomplishment of the impossible: the conquest of death. Two out of three of the great ancient epics, Homer’s Odyssey and Virgil’s Aeneid, therefore, set the catabasis at the centre of the poem to mark its distinction. Previous scholarship has argued that Milton removed catabasis from the centre to outlying sections of Paradise Lost. My published work charts a new path in Milton studies, arguing that, by accommodating the action of his War in Heaven …
Which Discourses Underpin Long-Term, Autistic/Non-Autistic Romantic Couples’ Understandings Of Their Relationship As They Live With And Accommodate Each Other? A Critical Discourse/Narrative Inquiry, Vivien Southall
School of Law, Humanities and Social Sciences Theses
This piece of work draws on both critical discourse and critical narrative inquiry to examine the long-term romantic relationship experiences of those in autistic/non-autistic long-term romantic relationships. Four couples participated, three heterosexual and one female same-sex couple. The participants were given the opportunity to tell their narratives in a variety of forms, through interviews, emails, stories and with photographs and mementoes as prompts. These forms inspired the way that the data was retold in the research using a variety of styles reflecting the narrative choices of the participants. Through interviews with participants individually and as a couple, over sixteen months, …
Exploring Inclusive Education And Listening In Relation To Children's Experiences And Teachers' Perspectives, Ramazan Merk
Exploring Inclusive Education And Listening In Relation To Children's Experiences And Teachers' Perspectives, Ramazan Merk
School of Law, Humanities and Social Sciences Theses
This thesis addressed the field of inclusive education and the importance of listening from the perspectives of both children and teachers. Drawing on experiences in pre-school and reception classrooms in England, I explored the essence of inclusive education and effective implementation strategies to meet the needs of children, including those with diverse needs. Emphasis was placed on the necessity for teachers to acknowledge and address each child's individual needs when developing early years learning environments. Moreover, the study underlined the important role of active listening in promoting communication and understanding between teachers and children as a cornerstone of inclusive pedagogy. …
Nurturing The Event: A Trauma-Informed Psychosocial Analysis Of Conversions To Christianity And Desistance From Crime, Alex Beaumont
Nurturing The Event: A Trauma-Informed Psychosocial Analysis Of Conversions To Christianity And Desistance From Crime, Alex Beaumont
School of Law, Humanities and Social Sciences Theses
The aim of this thesis is to demonstrate the role prison chaplaincy and faith-based organisations play in supporting new Christian converts across HMPPS establishments. Drawing on research data from 11 in-depth narrative interviews with formerly incarcerated individuals, many of whom were long-term desisters or still in the desistance process (18 months post-release), this thesis provides a psychoanalytic interpretation of the relationship between early childhood development, traumatic events, and spiritual transformations in prison. Data was gathered using Hollway and Jefferson’s (2001) Free Association Narrative Interview Method (FANIM), which applies psychoanalytic principles to explore subjectivity beyond surface-level descriptions of self and identity. …
Experiences And Understandings Of Multiculturalism In Mainstream Primary Schools In Southwest England, Suparna Bagchi
Experiences And Understandings Of Multiculturalism In Mainstream Primary Schools In Southwest England, Suparna Bagchi
School of Law, Humanities and Social Sciences Theses
The present study is an exploration of teachers’, parents’ and students’ experiences and understandings of multiculturalism in four mainstream primary schools situated in a predominantly White location in Southwest England. It adopts qualitative methodology under a single case study design underpinned by a sociocultural theoretical framework. Data were collected from semi-structured interviews conducted virtually with adult participants, students’ classroom activities and field notes supplemented by photographs of classroom and corridor displays. Study findings suggest strong support among participants for incorporating multicultural components in school teaching and learning. Findings also suggest varying levels of accessibility, knowledge and availability of resources around …
Safe Space: A Novel And Accompanying Critical Study Into The Participatory Culture In Fandom And A Historiographic Approach To The Fragmentation Of Popular Culture In Select Novels By Kurt Vonnegut And Thomas Pynchon., Edward Whitfield
School of Law, Humanities and Social Sciences Theses
This research is submitted as both a novel and supplementary critical study. It explores the dynamic interplay between media consumers and content creators within the context of contemporary online critical discourse. The study is anchored by the novel Safe Space, a metamodern science fiction novel that explores the tension between progressive and orthodox ideologies within Anglo-American science fiction fandom – a symbolic battle in the Culture Wars.The investigation uses a historiographic, long durée (or long term) approach to test the hypothesis that periods of cultural anxiety are related to a loss of confidence in great hegemons. The research interrogates the …
The Idealised And The Profane Nun: The Image Of The Nun At The Fin-De-Siècle And Into The 1930s., Shannon Lewis
The Idealised And The Profane Nun: The Image Of The Nun At The Fin-De-Siècle And Into The 1930s., Shannon Lewis
School of Law, Humanities and Social Sciences Theses
This thesis examines the representation of nuns from the Fin-de-Siècle into the 1930s, in the popular medium of postcards, in art during the Modernist period, and throughout the early development of film. The thesis demonstrates how secularisation, rapid technological development, and political discourse during the selected era impacted the image of the nun. The images selected will be reviewed in the light of Christian iconography, highlighting how the nun is represented and understood as a cultural construct, rather than the reality of the nun. Imagery of nuns from this era seems to fall into two categories of idealisation and/or profanation …
Bridging The Divide: How Do Lecturers In Undergraduate Sound Engineering Courses Bridge The Gap Between Industry And Education?, Daniel Tregenna
Bridging The Divide: How Do Lecturers In Undergraduate Sound Engineering Courses Bridge The Gap Between Industry And Education?, Daniel Tregenna
School of Law, Humanities and Social Sciences Theses
The formal study of sound engineering is a relatively modern and under-researched field within modern arts education. However, this subject has a number of features that are common across a range of subjects of a similar nature. How the lecturers who work on these courses influence students and tie them to the wider industry is potentially pivotal in an industry so intrinsically tied to the nature of interpersonal connections. Particularly where this industry simultaneously does not provide stable and sustained working partnerships. This international comparative study looks to explore the role lecturers on undergraduate sound engineering courses play in bridging …
Dyscluded': Women's Experiences Of Mothering Autistic Children As Described In Their Stories', Juliet Hall
Dyscluded': Women's Experiences Of Mothering Autistic Children As Described In Their Stories', Juliet Hall
School of Law, Humanities and Social Sciences Theses
My research, grounded in feminist research practices, uses an auto/biographical approach to explore the experiential knowledge of women mothering autistic children. It arose from a yearning for discovery. I use women’s stories to increase understanding of this experience to disrupt deeply embedded discourses and to benefit others with shared experiences.
There is a substantial body of knowledge on the experience of parent’s raising autistic children, however this tends to focus on a specific aspect of their autism journey. It is often presented in a gender-blind way. Much of it fails to acknowledge the implications of sociocultural expectations on mothers and …
You Can Do A Lot And You Don't Have To Be Scared: Learning Outside The Classroom In Alternative Provision: An Ethnographic Study, Exploring Student Behaviour And Relationships In Varied Environmental Contexts, Kelly Davis
School of Law, Humanities and Social Sciences Theses
The most recent school exclusion data for England continues to demonstrate an alarming increase in both suspensions and permanent exclusions in schools across England (Prescott, 2024). In the academic year 2022-2023 there were 786,961 suspensions, the highest recorded annual number of suspensions in England (Department for Education, 2024). Permanent exclusions rose to 9,376 in the academic year 2022-2023, also the highest number of annual permanent exclusions recorded to date in England (Department for Education, 2024). The most recent termly statistics for Autumn 2024 show that both suspensions and permanent exclusions are continuing to rise, with 2023-2024 annual statistics anticipated to …
“Fish In Different Water, To Survive Or To Thrive?” Understanding Direct-Entry Pre-Sessional Chinese Students’ Learning Experiences During Covid-19 And Its Aftermath, Lingyuan Osgathorpe
“Fish In Different Water, To Survive Or To Thrive?” Understanding Direct-Entry Pre-Sessional Chinese Students’ Learning Experiences During Covid-19 And Its Aftermath, Lingyuan Osgathorpe
School of Law, Humanities and Social Sciences Theses
This thesis explores the learning experiences of direct-entry pre-sessional Chinese students in the UK during the COVID-19 pandemic and its aftermath, using Pierre Bourdieu’s theoretical framework. Through the metaphor of students as "fish in different water", the research examines how these learners navigate and adapt to new educational environments that often starkly contrast with their prior experiences.The study employs a two-stage semi-structured interview process with student participants, first in China during their online pre-sessional courses and later in the UK during their degree programmes. All interviews were conducted in Mandarin Chinese to ensure linguistic and cultural accessibility. Additionally, expert interviews …
‘At Least I Wasn't In An Inner-City Flat With A Partner I Hated’: An Auto/Biographical Study Of Reflections On Well-Being By 35-65 Year Olds In Cornwall Following The Covid-19 Pandemic, Cheralyn May
School of Law, Humanities and Social Sciences Theses
The effects of the Covid-19 pandemic on mental health have been considerably researched since its start in 2019, by researchers from a range of disciplines around the world. This sociological study (using insights from social and positive psychology) contributes to our knowledge of the pandemic by using qualitative methods – fourteen semi-structured interviews and researcher auto/biography to investigate the mental health experiences of middle-aged, single adults living in Cornwall in the UK during the pandemic. In the pandemic literature, this is an under-researched, and therefore potentially less understood, group and location. The data was analysed using a combination of the …
Transient Lives: Trans & Non-Binary People’S Encounters With The Harms Of Work, Siggi Auerbach
Transient Lives: Trans & Non-Binary People’S Encounters With The Harms Of Work, Siggi Auerbach
School of Law, Humanities and Social Sciences Theses
This ethnographic criminological research aimed to address several theoretical gaps in the existing literature surrounding trans people, vulnerability, and victimisation. The overarching objective of this study was to offer a revised account of the harms trans people encounter in relation to their work via a new theoretical framework which is informed by ultra-realist criminology, critical hate studies. The theoretical framework was informed by contemporary criminologies of the harms of work, as opposed to the harms the institution of work is argued to inflict upon intersectional aspects of the individual’s social identity. This thesis aimed to reconceptualise the harms trans workers …
Reducing Marine Plastic Pollution: Critical Assessment Of The Potential To Develop A Civil Liability And Compensation Mechanism Under The Law Of The Sea Convention, Alexandra Leaton
School of Law, Humanities and Social Sciences Theses
Plastic pollution has had a detrimental global impact, particularly in the marine environment, due to its mobility, longevity, and tendency to be difficult to retrieve. The situation has worsened because of the increased production and consumption of plastics and the fact that pollution occurs throughout the entirety of plastics’ production and lifecycle. Its pathways/vectors to the marine environment are diffuse and complex. The combined environmental, social, and potential health impacts of plastics have resulted in the development of over 40 international legal and other regulatory mechanisms, although inconsistent implementation has resulted in a fragmented framework with gaps and overlaps. The …
Reassembling Anti-Oppressive Teaching Practices In Professionally Qualifying Youth And Community Work Education, Christine Smith
Reassembling Anti-Oppressive Teaching Practices In Professionally Qualifying Youth And Community Work Education, Christine Smith
School of Law, Humanities and Social Sciences Theses
New and continuing formations of oppression remains a contemporary 21st Century challenge compounded by a fracturing of democratic structures that give rise to intolerance of difference and threaten social bonds. The big questions about the type of society we want to live in, what it means to be human, and the role of education are questions that are increasingly alienated from everyday lived experiences and a collective commitment to shape a fairer and more socially just world. Thus, the scale of challenges underscores a need to think differently about how Anti-Oppressive Practice (AOP) in professionally qualifying youth and community education …
The Collecting Habits On An Eighteenth-Century Englishman Of Discernment: Charles Rogers, Frs, Fra (1711-1784), Nicola Wakeham
The Collecting Habits On An Eighteenth-Century Englishman Of Discernment: Charles Rogers, Frs, Fra (1711-1784), Nicola Wakeham
School of Law, Humanities and Social Sciences Theses
Abstract The Collecting Habits of an Eighteenth-Century Englishman of Discernment: Charles Rogers FRS, FSA (1711-1784) Nicola Frances WakehamThis project aims to establish the largely forgotten collector, Charles Rogers FRS FSA (1711-1784), and his collection of prints and drawings, within the vibrant cultural and intellectual milieu of the eighteenth-century art world. Structured around three interrelated strands: Rogers’ role as a connoisseur in the eighteenth-century art world, the scope and significance of the collection itself, and his contribution to early art historical writing, the study offers a multifaceted reassessment of Rogers' place in art history.The first strand explores Rogers as an knowledgeable …
The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin
The Illusion Of Inclusion: The False Promise Of The New Governance Project For Content Moderation, Brenda Dvoskin
Scholarship@WashULaw
Because private companies now control the most prominent communication platforms, the most pressing question in the field of content moderation is how to ensure that the governance of public discourse responds to public values. The prevailing approach, given that the state cannot regulate speech directly, is that state regulation can be substituted with audited self-regulation, broad stakeholder participation, and negotiated rulemaking. In this model, which this article refers to as the “new governance model for content moderation,” companies include advocates as representatives of the public in their processes to govern online speech. Ideally, they negotiate policy goals and share responsibility …
The Employment Benefits Of Law Clinics And Externships, Robert R. Kuehn
The Employment Benefits Of Law Clinics And Externships, Robert R. Kuehn
Scholarship@WashULaw
One of the reasons law students enroll in a law clinic or externship is the belief that the experience will improve their marketability. In a nationwide survey asking what was driving demand for their courses, 94% of externship directors and 66% of law clinic directors said it was, in part, because students believe those courses improve employment opportunities. Surveys of recent law graduates and employers show that students' perceptions of the positive impact of a clinic or externship experience on their job opportunities upon graduation are well founded. Research shows that clinics and externships do aid graduates in obtaining their …
Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri
Safe Sex In The Age Of Big Tech Feminism, Brenda Dvoskin, Thomas E. Kadri
Scholarship@WashULaw
Lawmakers and technology companies are regulating online sexuality in the name of feminism. Whereas libertarian ideals dominated early debates about internet governance, “safety” became a rallying cry to regulate online activity in the age of Big Tech. As these regulatory paradigms now clash once again, one trend remains: legislators across the political spectrum and companies around the world are devising interventions that purportedly keep people—and especially women—safe from the risks of online sexuality. Through law and technology, they are targeting everything from privacy invasions to unwanted messages to sexual deepfakes. We call this regulatory and ideological trend Big Tech feminism. …
Venturing Into Health, Rachel Sachs
Venturing Into Health, Rachel Sachs
Scholarship@WashULaw
In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than do traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and …
The Other Delaware Effect, Jens Frankenreiter
The Other Delaware Effect, Jens Frankenreiter
Scholarship@WashULaw
This paper examines the effects of Delaware’s 2015 ban on fee-shifting provisions in corporate charters and bylaws, a significant legislative intervention in corporate law aimed at curbing managerial powers. The Delaware Supreme Court had approved these provisions just one year earlier as part of a series of measures aimed at curbing shareholder litigation. Because of their perceived substantial potential to reduce wasteful litigation, the Delaware legislature’s ban led many to predict an exodus of corporations from Delaware and the continued spread of fee-shifting provisions in other states.
Contrary to these predictions, this study finds that the ban did not trigger …
Crimes Against Humanity And Customary International Law, Leila Nadya Sadat
Crimes Against Humanity And Customary International Law, Leila Nadya Sadat
Scholarship@WashULaw
A draft text of a treaty on the prevention and punishment of crimes against humanity was finally sent to negotiations by the U.N. General Assembly on December 4, 2024, after six long years of advocacy by States and civil society. Questions remain, however, with regard to how crimes against humanity will be defined in the new treaty. On the one hand, some States have embraced a definition of crimes against humanity that tracks Article 7 of the Rome Statute of the International Criminal Court (“ICC”). Other States have rejected Article 7 as the basis for the new treaty, but theirs …