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Civil Liability for Civil Disobedience
Get PDFIn January 2023, climate activists trespassed on the site of the German energy firm RWE’s Garzweiler coal mine to protest against its plans to expand operations there. The police eventually removed the protestors (including Greta Thunberg), many of whom were charged with committing criminal offenses. A few weeks after the occupation, RWE announced plans to seek compensation from the protestors for the injuries they inflicted on the firm, which included damage to vehicles and other equipment.[1] Should the law permit it to do so? More generally, should a liberal-democratic State hold civil disobedients legally liable to compensate the private actors they target for the pecuniary injuries they inflict upon them? If not, why not, and who should bear those costs instead? These are the questions I propose to explore in this essay.
[1] “RWE to seek compensation from anti-coal protestors,” Deutsche Welle, 21 January 2023, https://www.dw.com/en/germany-rwe-to-seek-compensation-from-anti-coal-protesters/a-64475355#:~:text=The%20energy%20company%20said%20protesters,coal%20mine%20in%20the%20village. For other recent examples, see Ben Smee, “Aurizon sues environmental activists and seeks $375,000 after protests stop coal trains,” The Guardian, 13 March 2019, https://www.theguardian.com/australia-news/2019/mar/14/aurizon-sues-environmental-activists-and-seeks-375000-after-protests-stop-coal-trains; “Climate activist convicted for Credit Suisse red paint protest,” Reuters, 20 February 2020, https://www.reuters.com/article/us-climate-change-protests-credit-suisse/climate-activist-convicted-for-credit-suisse-red-paint-protest-idUSKBN20E292. All articles last accessed 12 October 2023
6 - The Trey Ellis 1980s and the Discovery of an Artistic School
No full textTrey Ellis’s novel Platitudes, published within a year of his landmark essay “The New Black Aesthetic,” is the essay come to fictional life: a novel about a struggling experimental Black male novelist who “collaborates” with a Black feminist novelist to tell the competing-narrative story oftwo Black teen characters who maintain their personas throughout the novel, even though they exist in different historical eras. Ellis’s publication of “The New Black Aesthetic” alongside Platitudes allows students of 1980s Black cultural production to view Ellis’s manifesto and his novel as symbiotic texts that are companion pieces that comment on a nascent, post-Civil Rights Movement school of Black art that has come to be known as post-Blackness. These two texts not only grapple with Black feminism but also push back at a mid-twentieth-century prose style that was not limited to Black female writers, and Platitudes ultimately represents the unstable, fluid nature of Blackness itself. An examination of the way Ellis’s works present a coherent case for post-Blackness acknowledges Ellis’s late-twentieth-century position as a key transitional figure in African American literary history
Leveraging machine learning to harness non-parabolic effects in semiconductor heterostructures
No full textThe engineering of optoelectronic devices is closely related to the dependency of quantum wells properties with structural parameters. Obtaining their properties relies on solving Schrödinger’s equation employing several degrees of approximation as the influence of band non-parabolicity effects. In general, the more sophisticated the approximations the longer the development cycle. To efficiently analyze the response of structures equipped with quantum wells, we propose using an artificial neural networktrained with the results from the solution of Schrödinger’s equation. We observe an impressive agreement between the predicted quantum well’s eigenenergies and effective masses, in comparison to the results obtained from the iterative solution of the Schrödinger equation, for an extensive range of structures. The time spent to retrieve the properties of the structures using the artificial neural network was a fraction of the time spent with the solution of Schrödinger’s equation, enabling the neural network to be considered an effective tool in the development and improvement optoelectronicdevices
Hierarchical Interactions and Compliance in Comparative Courts
No full textGiven their place within the judicial hierarchy, judges on lower courts face a complex array of challenges including heavy caseloads, mandatory dockets, and the threat of Supreme Court reversal. Despite the extensive scholarship on the American courts, little is known about judicial interactions in comparative contexts. We articulate and evaluate a framework for lower court adherence to Supreme Court precedents by leveraging a cross-national design in three countries—Canada, the United Kingdom, and the United States—with similar systems but meaningful institutional variability. We find that the mechanisms promulgating adherence to Supreme Court precedents do not substantially vary across design or institutional context. Instead, our results demonstrate that legal factors exert a consistent, homogeneous effect on lower court compliance across judicial systems. Our work offers new and important implications for studies on law and courts and comparative institutions, more broadly
Eclipse
No full textTomaž Šalamun (1941–14) published more than fifty books of poetry in his native Slovenian. Translated into over twenty-five languages, his poetry received numerous awards, including the Jenko Prize, the Prešeren Prize, the European Prize for Poetry, and the Mladost Prize. In the 1990s, he served as the cultural attaché for the Slovenian embassy in New York.
Brian Henry has published eleven books of poetry, most recently Permanent State (Threadsuns), as well as a book of prose, Things Are Completely Simple: Poetry and Translation (Parlor). He has translated numerous books from Slovenian
Traveler par excellence
No full textTomaž Šalamun (1941-2014) published more than 50 books of poetry in Slovenia. Translated into over 25 languages, his poetry received numerous awards, including the Jenko Prize, the Prešeren Prize, the European Prize for Poetry, and the Mladost Prize. Kiss the Eyes of Peace: Selected Poems 1964-2014 (edited and translated by Brian Henry) is forthcoming from Milkweed Editions in 2024.
Brian Henry is the author of eleven books of poetry, most recently Permanent State, and the prose book Things Are Completely Simple: Poetry and Translation. He has translated Tomaž Šalamun’s Woods and Chalices, Aleš Debeljak’s Smugglers, and six books by Aleš Šteger. His work has received numerous honors, including two NEA fellowships and the Best Translated Book Award
I, the Angel Farmer
No full textTomaž Šalamun (1941-2014) published more than 50 books of poetry in Slovenia. Translated into over 25 languages, his poetry received numerous awards, including the Jenko Prize, the Prešeren Prize, the European Prize for Poetry, and the Mladost Prize. Kiss the Eyes of Peace: Selected Poems 1964-2014 (edited and translated by Brian Henry) is forthcoming from Milkweed Editions in 2024.
Brian Henry is the author of eleven books of poetry, most recently Permanent State, and the prose book Things Are Completely Simple: Poetry and Translation. He has translated Tomaž Šalamun’s Woods and Chalices, Aleš Debeljak’s Smugglers, and six books by Aleš Šteger. His work has received numerous honors, including two NEA fellowships and the Best Translated Book Award
Mollusk
No full textMollusk” is both the title poem and final poem of a 2013 Tomaž Šalamun book, published the year before he died. “Mollusk” is also the final poem of his 2011 volume of Selected Poems in Slovenian. The poem’s placement in these books and its role as a title poem seem to indicate that Šalamun was quite fond of it.
Šalamun wrote the poems in Mollusk in 2005 in Ljubljana, Pittsburgh, and Tokyo. He was incredibly prolific in his final decade, finishing nearly 20 books of poetry. He traveled a lot and always wrote while traveling. During that decade, he also wrote books in Austin, Berkeley, Iowa City, New York, Richmond, China, Croatia, France, Germany, and Italy, among other places. Despite their various sites of composition, the poems are unmistakably Šalamun’s.
Mollusk includes 76 poems, 44 of which consist of seven couplets—the predominant form of this period. “Mollusk” is one of the 14 poems in the book composed in tercets, which tend to have shorter lines and more enjambment—and thus more speed and verticality—than the poems in couplets. As a reader and translator, I approach poems like “Mollusk” with a sense of excitement because I know they will move quickly and unpredictably and I’ll have to match their contagious energy.
–Brian Henr
Sonnet of Motion
No full textBrian Henry is the author of eleven books of poetry, most recently “Permanent State”, and the new prose book “Things Are Completely Simple: Poetry and Translation”. He has translated Tomaž Šalamun’s “Woods and Chalices”, Aleš Debeljak’s “Smugglers”, and five books by Aleš Šteger. His work has received numerous honors, including two NEA fellowships, the Alice Fay di Castagnola Award, a Howard Foundation fellowship, a Slovenian Academy of Arts and Sciences grant, and the Best Translated Book Award