Social and Behavioral Sciences Commons^™

The New Gender Panic In Sport: Why State Laws Banning Transgender Athletes Are Unconstitutional, Deborah Brake

Articles

The scope and pace of legislative activity targeting transgender individuals is nothing short of a gender panic. From restrictions on medical care to the regulation of library books and the use of pronouns in schools, attacks on the transgender community have reached crisis proportions. A growing number of families with transgender children are being forced to leave their states of residence to keep their children healthy and their families safe and intact. The breadth and pace of these developments is striking. Although the anti-transgender backlash now extends broadly into health and family governance, sport was one of the first settings—the …

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …

Typ.Ologies: Reframing Ireland's Vernacular Letterform Through The Lens Of Heritage, Deirdre Maher Ring

Articles

Since the late 1800s, vernacular letterforms have been vital components of the traditional shopfronts of Ireland, enlivening, place-making, and inspiring dialogue with streetscapes. The National Inventory of Architectural Heritage identifies, records, and evaluates Ireland’s post-1700 architectural heritage. While the state initiative appraises architecturally significant shopfronts, it typically overlooks the critical signage element. This research aims to bridge this gap by documenting, mapping, and interpreting the existing vernacular letterforms in Kilkenny as a paradigm. Through the lens of heritage, the study seeks to construct a case for preserving, promoting, and advocating for vernacular letterforms and the traditional craft of signwriting. Signwriting …

Understanding An American Paradox: An Overview Of The Racial Muslim: When Racism Quashes Religious Freedom, Spearit

Articles

In The Racial Muslim: When Racism Quashes Religious Freedom, Sahar Aziz unveils a mechanism that perpetuates the persecution of religion. While the book’s title suggests a problem that engulfs Muslims, it is not a new problem, but instead a recurring theme in American history. Aziz constructs a model that demonstrates how racialization of a religious group imposes racial characteristics on that group, imbuing it with racial stereotypes that effectively treat the group as a racial rather than religious group deserving of religious liberty.

In identifying a racialization process that effectively veils religious discrimination, Aziz’s book points to several important …

Title Ix's Trans Panic, Deborah L. Brake

Articles

Sport is an agent of social change, but that change does not always track in a progressive direction. Sport can be a site for contesting and reversing the gains of progressive social movements as much as furthering the values of equality and justice for historically marginalized groups. This dynamic of contestation and reversal is now playing out in a new wave of anti-transgender backlash that has gained adherents among some proponents of equal athletic opportunities for girls and women. In this latest twist in the debate over who deserves the opportunity to compete, the sex-separate athletic programming permitted by Title …

The Quest For Influence: Examining Russia's Public Diplomacy Mechanisms In Africa, Isaac Antwi-Boasiako

Articles

This article examines Russian public diplomacy mechanisms in Africa. These include the intentional use of historical ties, various aid programmes in education and health, the targeted use of international broadcasting and digital media, and the exploitation of anti-Western sentiments on the continent. Russia employs these to win the hearts and minds of African publics for its national interest. The article first explores Moscow’s public diplomacy in general and analyses the challenges Russia faces in Africa, which has become a ‘dumping ground’ for public diplomacy campaigns by the US, the EU and its members, the UK, and China. The article argues …

The Eudemonic And Hedonic Impacts Of Attending Live And Virtual Music And Art Events, Philippa Kirwan, Samantha Morris

Articles

This paper examines the under-investigated well-being impacts of arts and music events attendance, in both a live and virtual capacity. Using eudaimonia and hedonia as a measure for well-being, three objectives were investigated; 1) Do live arts and music events meet attendees eudemonic and hedonic needs? 2) Do virtual arts and music events meet attendees eudemonic and hedonic needs? 3) How do live and virtual music and art events compare in meeting attendees eudemonic and hedonic needs? The study focused on attendee’s experiences having attended both live and virtual events. Using nine semi-structured interviews this research found that live music …

Collaborative Constructions: Designing High School History Curriculum With The Lost & Found Game Series, Owen Gottlieb, Shawn Clybor

Articles

This chapter addresses design research and iterative curriculum design for the Lost & Found games series. The Lost & Found card-to-mobile series is set in Fustat (Old Cairo) in the twelfth century and focuses on religious laws of the period. The first two games focus on Moses Maimonides’ Mishneh Torah, a key Jewish law code. A new expansion module which was in development at the time of the fieldwork described in this article that introduces Islamic laws of the period, and a mobile prototype of the initial strategy game has been developed with support National Endowment for the Humanities. The …

“Be A Pattern For The World”: The Development Of A Dark Patterns Detection Tool To Prevent Online User Loss, Jordan Donnelly, Alan Downley, Yunpeng Liu, Yufei Su, Quanwei Sun, Lan Zeng, Andrea Curley, Damian Gordon, Paul Kelly, Dympna O'Sullivan, Anna Becevel

Articles

Dark Patterns are designed to trick users into sharing more information or spending more money than they had intended to do, by configuring online interactions to confuse or add pressure to the users. They are highly varied in their form, and are therefore difficult to classify and detect. Therefore, this research is designed to develop a framework for the automated detection of potential instances of web-based dark patterns, and from there to develop a software tool that will provide a highly useful defensive tool that helps detect and highlight these patterns.

“It's So Normal, And … Meaningful.” Playing With Narrative, Artifacts, And Cultural Difference In Florence, Dheepa Sundaram, Owen Gottlieb

Articles

This article considers how player interactions with religious and ethnic markers, create

a globalized game space in the mobile game Florence (2018). Florence is a multiaward-

winning interactive novella game with story-integrated minigames that weave

play experiences into the narrative. The game, in part, explores love, loss, and

rejuvenation as relatable experiences. Simultaneously, the game produces a unique

experience for each player, as they can refract the game narrative through their own

cultural, identitarian lens. The game assumes the shared cultural space of the player,

the player-character (PC), and the non-player-character (NPC) while blurring the

boundaries between each of these …

“800 Years We Have Been Down”: Rebel Songs And The Retrospective Reach Of The Irish Republican Narrative, Seán Ó Cadhla

Articles

From the glamorous, cross-dressing “Rebel, Rebel” of David Bowie, to the righteous Trenchtown “Soul Rebel” of Bob Marley and The Wailers, both varied and various musical articulations of cultural and socio-political rebellion have long enjoyed a ubiquitous presence across multiple soundscapes. As a musicological delineator in Ireland, however, ‘rebel’ conveys a specifically political dynamic due to its consistent deployment as an all-encompassing descriptor for songs detailing events and personalities from the Irish national struggle. This paper sets out to examine the specific musical delineator of “rebel song” from both musicological and politico-ideological perspectives with a view to interrogating its appropriateness …

An Ethical Discussion About The Responsibility For Protection Of Minors In The Digital Environment: A State-Of-The-Art Review, Charles Alves De Castro, Aiden Carthy, Isobel Oreilly Dr

Articles

Many ethical questions have been raised regarding the use of social media and the internet, mainly related to the protection of young people in the digital environment. In order to critically address the research question "who is responsible for ethically protecting minors in the digital environment?", this paper will review the main literature available to understand the role of parents, the government, and companies in protecting young people within the digital environment. We employed a holistic process that covers a state-of-the-art review and desk research. The article is divided into four sessions; (1) Government Policies from the European Union (EU) …

Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth

Articles

In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

Articles

Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Muslims In Prison: Advancing The Rule Of Law Through Litigation Praxis, Spearit

Articles

Islamic ideas about justice and equality directly informed the development of prison law jurisprudence in the United States. Since the early 1960s, when federal courts began to hear claims by state prisoner-petitioners, Muslims began to look to courts to establish Islam in prison and inaugurated an ongoing campaign for civil rights. The trend is significant when considering Muslims represent a relatively small percentage of the American population. Decades of persistent litigation by Muslims in courts have been integral to developing the prisoners’ rights movement in America. The Muslim impact on prison law and culture is an underappreciated phenomenon that involves …

Theory Matters—And Ten More Things I Learned From Martha Chamallas About Feminism, Law, And Gender, Deborah L. Brake

Articles

This Festschrift article celebrates the scholarship of Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emeritus of the Ohio State University Moritz College of Law, and one of the most impactful scholars of feminist legal theory and employment discrimination of her generation. Mining the insights of Chamallas’s body of work, the article identifies ten core “lessons” relating to feminism and law drawn from her scholarship and academic career. It then weaves in summaries and synthesis of her published works with discussion of subsequent legal and social developments since their publication. These lessons (e.g., feminism is plural; …

Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran

Articles

U.S. courts in Foreign Sovereign Immunities Act (“FSIA”) cases must interpret a comprehensive statute which has been said to stand or fall on its terms. At the same time, in Nazi-looted art cases, they do not ignore entirely the backdrop of the U.S.’ adoption of international principles and declarations promising to ensure the return of such art. To some extent, such an undertaking has been incorporated into a statutory amendment of the FSIA. The years 2021 and 2022 have seen major developments in the FSIA both at the U.S. Supreme Court and in the D.C. Circuit Court of Appeals in …

Viii—Gambling On Others And Relying On Others, Nicolas Cornell

Articles

Gambling on another person and relying on another person are similar but intuitively distinct phenomena. This paper argues that gambling is distinguished by the stance that it necessarily involves towards the bet-upon conduct. It then contends that, where one has gambled upon the conduct of another, one has no standing to complain against that person for losses that result. This small point may have significant implications for how we think about speculative economic losses.

The Rules Of The Game: Discursive Norms And Limits In The Field Of Online Art Magazines, Tommie Soro, Tim Stott, Brendan K. O'Rourke

Articles

This article employs methods of discourse analysis and corpus linguistics within a Bourdieusian theoretical framework to examine the discursive norms and limits regulating the construction of reputation by online contemporary art magazines. Moving between quantitative and qualitative analysis of the websites of online contemporary art magazines, the article identifies salient patterns surrounding the use of modifiers and links these patterns to the normative principles of the artworld. Its findings suggest that positive evaluation is a norm but that the use of explicitly evaluative modifiers is prohibited, that artists are predominantly classified according to nationality and that these classifications can construct …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Mapping The Light Fantastic At Newgrange, Frank Prendergast, Clare Tuffy, John Lalor, Claire Breen, Sinéad Gargan

Articles

THE WORLD HERITAGE PROPERTY of Brú na Bóinne attracts thousands of visitors from Ireland and around the globe, many drawn by the remarkable winter solstice phenomenon, when the rising sun’s rays illuminate the burial chamber. During 2020 it became clear that public health measures to combat the global pandemic were going to preclude visitor access to the chamber of the Great Mound of Newgrange, including during the annual winter solstice celebrations. When the government agencies OPW and NMS discussed how to manage Newgrange and the solstice during the restrictions, Clare Tuffy, Manager of Visitor Services at Brú na Bóinne, suggested …

9/11 Impacts On Muslims In Prison, Spearit

Articles

This essay is part of a volume that reflects on the 20-year anniversary of the attacks of September 11, 2001. The work examines the impacts this event had on the management of Muslims in prison. Soon after the attacks, the culture war against Muslims in the United States began to seep into prisons, where Muslims faced heightened levels of Islamophobia, which cut across several areas of existence: the ability to access religious literature, religious leaders, and paraphernalia, in addition to the federal creation of Communication Management Units. There was also heightened hysteria about the idea of Muslim radicalization in prison, …

Latina And Latino Critical Legal Theory: Latcrit Theory, Praxis And Community, Marc Tizoc Gonzaléz, Sarudzayi M. Matambanadzo, Sheila I. Velez Martinez

Articles

LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Minecrafting Bar Mitzvah: Two Rabbis Negotiating And Cultivating Learner-Driven Inclusion Through New Media., Owen Gottlieb

Articles

In 2013, a boy with special needs used the video game Minecraft to deliver the sermon at his bar mitzvah at a Reform synagogue, an apparently unique ritual phenomenon to this day. Using a narrative inquiry approach, this article examines two rabbis’ negotiations with new media, leading up to, during, and upon reflection after the event. The article explores acceptance, innovation, and validation of new media in religious practice, drawing on Campbell’s (2010) framework for negotiation of new media in religious communities. Clergy biography, philosophy, and institutional context all impact the negotiations with new media. By providing context of a …

A Lexical Frequency Analysis Of Irish Sign Language, Robert G. Smith, Markus Hofmann

Articles

Word frequency has a significant impact on language acquisition and fluency. It is often a point of reference for the teaching and assessing of a language and indeed, as a control for psycholinguistic studies. This paper presents the results of the first objective frequency analysis of lexical tokens from the Signs of Ireland corpus. We investigate the frequency of fully lexical, partly lexical and non-lexical signs in Irish Sign Language as they are presented in the corpus. We confirm the accuracy of the lexical gloss frequency data with a supplementary corpus subset that is tagged for grammatical class and additional …

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Along The Tevere: A Gastro-Historic Portrait Of The Region, Anke Klitzing

Articles

In June 2009, a group of masters students from the University of Gastronomic Sciences in Italy spent nine days visiting the lands of the Tevere river, travelling from its springs on Monte Fumaiolo in Emilia-Romagna to Rome by way of Umbria and the Lake Trasimeno. This article is a gastro-historic portrait of the lands of the Tevere, linking contemporary social, cultural and economic activities around food and tourism to the rich and long history of the region and highlighting persistent patterns, continuity and change.

Living With Machines. Ethical Implications And Imaginative Agency As Local Tactics Of Dwelling And Resistance In Everyday Interactions With Artificial Intelligence, Ester Toribio-Roura

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With the widespread of the Internet of things (IoT), algorithms are increasingly managing our everyday life. From navigating our way in cities to keeping track of our health, artificial intelligence has been beneficial to us in many ways. However, its algorithms can also be detrimental as a consequence of biased human programming. The result is that while technological progress delivers more and more human-like artificial intelligence, humans become dehumanised and therefore, disempowered in their everyday interactions with artificial intelligence.The solution(s) is not single-handed and calls for combined interventions at the macro and micro levels. Whilst reviewing recent top-down developments on …

The Data City, The Idiom And Questions Of Locality, Noel Fitzpatrick

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The paper aims to provide both a radical critique of the “smart city” as a techno-ideological apparatus,that through data analysis and algorithmic forms of governmentality tends to colonize space and time, and an attempt to reframe the very concept of intelligence within the smart cities. Two concepts are presented as tools for such a reframing: locality and idiom, where the first is conceived as openness of meaning generated by a territory, while the latter,analysed througha paradigmatic Irish example (Friel’s play Translations), prepares the ground for the pars construensof the paper. The claim, built by intertwining a set of authors (Ricoeur, …