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Full-Text Articles in Law

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton Oct 2016

One Library’S Successful Venture In Providing Comprehensive Streaming Media Services, Allyson Mower, Mary Ann James, Catherine Soehner, Maria Hunt, Dave Heyborne, Joni Clayton

Charleston Library Conference

Thoroughly understanding what professors and instructors needed to accomplish their teaching goals with streaming video was the first step enabling one academic library to successfully manage a rapid increase in demand for streaming media. The second element was incorporating an expert understanding of copyright law and the nature of the video marketplace.

This paper will strive to educate librarians and other professional library staff on how they can best integrate media streaming into mainstream library services for their campus faculty, as well as how to provide a full range of streaming services. The paper also will address workflow, communication with …


Commentary On A Perspective Of Objectivity In The Human Rights Arguments, Danny Marrero May 2016

Commentary On A Perspective Of Objectivity In The Human Rights Arguments, Danny Marrero

OSSA Conference Archive

No abstract provided.


Biases, Bumps, Nudges, Query Lists, And Zero Tolerance Policies, Sheldon Wein May 2016

Biases, Bumps, Nudges, Query Lists, And Zero Tolerance Policies, Sheldon Wein

OSSA Conference Archive

Zero tolerance policies are often mistakenly thought to be the best way to deal with pressing social problems. However, most arguments for zero tolerance policies are either based on inaccurate premises or they commit the zero tolerance fallacy. This paper explores ways that we might counteract the bias in favor of zero tolerance policies by adding a query list to the choice architecture.


America Vs. Apple: The Argumentative Function Of Metonyms, Ilon Lauer, Thomas Lauer May 2016

America Vs. Apple: The Argumentative Function Of Metonyms, Ilon Lauer, Thomas Lauer

OSSA Conference Archive

: Our study of public argumentation surrounding iPhone encryption addresses the argumentative function of the metonym. Metonyms accomplish general and specific argumentative purposes. Generally, metonyms help define and redefine the argumentative framework for a dispute. Within a controversy, metonyms operate as inference generators. We isolate and analyze several metonyms and elaborate their warrant-generating valences. Metonyms are inference generating tools capable of instantiating normative frameworks, invoking flexible and indeterminate senses of causality.


The Polysemy Of ‘Fallacy’—Or ‘Bias’, For That Matter, Frank Zenker May 2016

The Polysemy Of ‘Fallacy’—Or ‘Bias’, For That Matter, Frank Zenker

OSSA Conference Archive

Starting with a brief overview of current usages (Sect. 2), this paper offers some constituents of a use-based analysis of ‘fallacy’, listing 16 conditions that have, for the most part implicitly, been discussed in the literature (Sect. 3). Our thesis is that at least three related conceptions of ‘fallacy’ can be identified. The 16 conditions thus serve to “carve out” a semantic core and to distinguish three core-specifications. As our discussion suggests, these specifications can be related to three normative positions in the philosophy of human reasoning: the meliorist, the apologist, and the panglossian (Sect. 4). Seeking to make these …


Constitutional Utopianism, Susan N. Herman Apr 2016

Constitutional Utopianism, Susan N. Herman

UTOPIA500

The sixth and final UTOPIA500 presentation was April 21, 2016. Professor Susan Herman, Centennial Professor of Law at Brooklyn Law School and President of the American Civil Liberties Union, received the official "Me and Tommy More" polo shirt from Dr. Michael P. Malloy, organizer of the UTOPIA500 project. Professor Herman delivered a presentation on Constitutional Utopianism. She explored the literary devices that More employed as narrative strategies in Utopia, and argued that his intention may have been to give focus to discussion about important issues of governance and societal structures, rather than to provide definitive answers. Professor Herman also compared …


The Power Of A Secret: Ireland’S Secret Societies Involvement In Irish Nationalism, Sierra M. Harlan Apr 2016

The Power Of A Secret: Ireland’S Secret Societies Involvement In Irish Nationalism, Sierra M. Harlan

Scholarly and Creative Works Conference (2015 - 2021)

The Irish Republican Brotherhood (I.R.B.) and the Irish Volunteer Force (I.V.F.) altered Irish Nationalist tactics from Parliamentary supported Home Rule to a republican movement for Irish Independence. The actions of these secret societies between the years of 1900 through 1917, before the Irish Revolutionary period,[1] are the reason that Ireland gained independence from United Kingdom in 1921. The change from political negotiations by the ineffective Irish Parliamentary Party to the republican movement would never have happened without the Easter Rising of 1916. The centennial anniversary of this Easter Rising makes The Power of a Secret: Ireland’s secret societies involvement …


St. Thomas More And His Utopia In Antebellum American Lawyer's Thought, Michael H. Hoeflich Apr 2016

St. Thomas More And His Utopia In Antebellum American Lawyer's Thought, Michael H. Hoeflich

UTOPIA500

The fifth UTOPIA500 presentation was April 7, 2016 about St. Thomas More and his Utopia in Antebellum American Lawyers' Thought. A former dean at Kansas Law and a renowned historian of colonial and pre-Civil War America, Professor Michael H. Hoeflich is also a fellow of the Royal Historical Society. He explored the publication history of More's UTOPIA, and the extent to which editions of the book were available in antebellum America. Professor Hoeflich noted that the novel, as a work of "politics," was well known by the likes of Jefferson, Madison, and John Adams, but its influence thereafter ebbed and …


The Communisitic Inclinations Of Sir Thomas More, David Papke Mar 2016

The Communisitic Inclinations Of Sir Thomas More, David Papke

UTOPIA500

The fourth UTOPIA500 presentation was march 10, 2016. Dr. David R. Papke, Professor of Law at Marquette University Law School, received an official "Me and Tommy More" polo shirt from Dr. Malloy. Dr. Papke then spoke about The Communistic Inclinations of Sir Thomas More. A well-known scholar of legal history and law in popular culture, Dr. Papke noted the affinity that existed between the themes in Utopia and the views of Karl Marx as well as those of leaders of the Bolshevik Revolution. He also explored the problem of competing approaches to literary analysis and criticism - whether to seek …


Legal Personhood In More's Utopia, Andreea Boboc Feb 2016

Legal Personhood In More's Utopia, Andreea Boboc

UTOPIA500

The third UTOPIA500 presentation was Feb. 25, 2016. Dr. Andreea D. Boboc, English professor in the College of the Pacific, received an official "Me and Tommy More" polo shirt from McGeorge's Dean Francis J. Mootz III. She then spoke about Legal Personhood in More's Utopia. A published scholar of medieval English literature, Dr. Boboc explored how the fluidity and multiple jurisdictional levels of law in late medieval England shaped personhood. She had a compelling and provocative interchange with the Law and Literature students.


More’S Utopia And Income Insecurity, Daniel J. Morrissey Feb 2016

More’S Utopia And Income Insecurity, Daniel J. Morrissey

UTOPIA500

The second UTOPIA500 presentation was Feb. 11, 2016. Daniel J. Morrissey, Professor of Law and Dean emeritus at Gonzaga University School of Law, received an official "Me and Tommy More" polo shirt from Dr. Malloy at the beginning of the talk. Professor Morrissey then spoke about More's Utopia and Income Inequality. A published scholar of corporate securities law and jurisprudence, Professor Morrissey identified legal, political, and moral issues about social and economic inequality in late medieval England, as reflected in More's Utopia, and discussed the continuing relevance of those issues today. He sparked an animated discussion with the Law and …


Utopia And The Law And Literature Movement, Michael P. Malloy Jan 2016

Utopia And The Law And Literature Movement, Michael P. Malloy

UTOPIA500

Dr. Malloy kicked off the UTOPIA500 project with a presentation on Jan. 21, 2016. His paper, Utopia and the Law and Literature Movement, marked the quincentennial of the publication of Thomas More's novel Utopia in 1516. Dr. Malloy explored the meaning and implications of the concepts of utopia and dystopia. He argued, with colorful graphic support, that More's novel was a precursor to post-modernist literature, and that in our own time there has been a linguistic transformation of the concept of utopia to contemporary meanings that are often entirely independent of More's novel. Dr. Malloy concluded that More's novel is …