27392 research outputs found
Sort by
We Were All Originalists . . . For a Minute: Has the Supreme Court Abandoned the Search for Original Public Meaning? Should It?
Get PDFPredicting the Supreme Court’s next turn is tricky business. The two obstruction-of-justice cases considered here may turn out to be what used to be called “sports,” i.e., cases where the Court used a mode of analysis that it abandons in future cases without explanation. Perhaps, though, these cases hold the promise of a new, more open frontier of judicial interpretation in the service of our self-governing spirit. One in which courts and the parties to litigation cooperatively seek to advance legislative purposes to better our society.
Part II traces the development of originalism, a textualist approach to legal interpretation arising out of perceived overreaching by mid-twentieth- century courts. After summarizing constitutional and statutory court decisions interpreting the law using non-textual methods, Part II explores the originalist response from Robert Bork’s original legislative-intent-based interpretative method through semantic originalism’s search for original public meaning.
Part II explains that semantic originalism achieved purity in an interpretive method at the expense of, for lack of a more precise phrase, democratic principles. An objective contemporary reader’s understanding of a law’s text can be described as the only legitimate binding law because legislators have a duty to communicate the laws that they enact. But if objective readers would misunderstand the legislature’s purpose, semantic originalism would nonetheless require a court to enforce that misunderstanding, rather than the intentions of those democratically elected to create the law. One might say that semantic originalists ingeniously preserved the law’s integrity at the cost of its soul.
Part III examines the methods the Court applied in Pugin and Fischer, showing how each, to varying degrees, pushes toward a search for congressional purpose, rather than original public meaning, through techniques that empower judges to use common sense and logic¾fully imbued with modern understanding¾to determine how a statute should apply.
Part IV explores the dual American commitment to both a Rule of Law and an ongoing spirit of self-governance. It argues that the common view that legal interpretation deals exclusively with the Rule of Law while the political branches provide space for self-determination misunderstands the American ideal and conflicts with the nature of contemporary political processes. The Court’s approach in the obstruction-of-justice cases evinces the need for legal interpretation to embody both a fealty to a fixed meaning communicated through text and a self-determining spirit that can manifest through litigation drawing on the purpose for which a law was created. This interpretive approach does not empower judges to make law. Rather, judges are the tool through which the People, as litigants, engage in a self-determinative process of ascertaining how a lawmaker’s purpose can be mined to make our law fit modern society
Trespassers of Space: Rewriting Female Narratives in Mexican Cinema
Get PDFHow have Mexican cultural figures such as Maria Novaro and Adela Sequeyo made space for themselves in the male-dominated film realm? How and why have these women dared to become “contrabandistas,” or trespassers, in a social fabric defined and governed by men? The same questions apply to the world of Mexican cinema — more specifically Mexican Feminist cinema. Throughout these pages, I will explore how the film Los Pasos de Ana (1991), by the Mexican filmmaker Marysa Sistach, integrates women’s perspectives into Mexican film culture to counteract the neutralization of powerful female representations played out across various facets of Mexican culture. Historically, this neutralization has occurred through male narratives in film that oversimplify female characters, often reducing them to symbols of domesticity, martyrdom, or desire. These pages dive into what is termed “the other cinema” in Mexico. Cinema from the woman’s point of view. This inherently feminist Mexican cinema does not perpetuate the trope of the confined or side-cast woman - a role women are often relegated to in cinematic representations - but instead defines women as thinkers and protagonists of their own narratives.
I will begin this thesis by articulating the story of Adriana and Dolores Ehler, known together as the Ehler sisters, who were two of the earliest female pioneers in Mexican cinema, incorporating creative expression into the spaces of home, labor, and political life in the 1920s in Mexico during the Mexican Revolution. Their work and constant interaction with constructs like gender, nation, and identity, while confronting the limitations placed on women’s creative agency in a male-dominated Mexican cinema industry, paved the way for “the other cinema” or Feminist cinema in modern times for filmmakers like female director Marisa Systach. Following this exploration, I will analyze how Marysa Sistach’s Los Pasos de Ana reclaims female agency and disrupts patriarchal narrative forms through her depiction of the “three places” of women’s lives and experiences. By drawing independently from sociologist Ray Oldenburg’s concept of the “three places”, introduced in his book The Great Good Place (published 1989), I offer a new framework for interpreting the film. While there is no indication that Sistach was directly influenced by Oldenburg’s theory, my analysis uses his model to examine how Los Pasos de Ana visually reflects women’s navigation of three primary spheres of life: the home, the workplace, and spaces of resistance. The first place is the home, where one finds stability and a foundation for personal growth. The second place is the realm of work, where one adopts a role tied to achievement. And the third place that exists beyond these obligations is where each individual expresses themselves with autonomy, such as a public place of entertainment and leisure. Through this theoretical lens, I will examine how Sistach constructs cinematic first, second, and third places in which the female protagonist, Ana, finds a voice, community, and autonomy. Ana’s journey is not only personal but also political, reflecting a broader reality for many Mexican women navigating systems of control. Her story opens a window into the everyday forms of resistance and resilience that define Mexican feminist cinema, positioning Sistach’s work within a history of filmmakers who challenge patriarchal narratives through intimate portrayals of women’s lives
Collaborative Action in Education: Empirical Explorations of the Role of Partnerships in College Readiness Programs
Get PDFEducation gaps exist in the United States in large part because not everyone has equal access to the educational resources or role models that will prepare them to seek a college education. To help combat this phenomenon, Federal and State Governments have promoted college readiness programs via collaborative partnerships between school districts, on the one hand, and colleges and universities, on the other.
To better understand the role that partners can play in creating and sustaining college-readiness programs, this study focused on the history and current practices of collaborations involving oversight of college readiness programs in two school districts. Partnership participants shared their experiences with college readiness partnership programs, including the role they have played in creating and maintaining such partnerships and how they determine program success. They also spoke of the challenges currently facing the college readiness partnership programs and the leadership strategies they think are used or should be used in the programs.
The effectiveness of the partnerships appeared to be highly dependent on the collaboration taking place among diverse stakeholders. Relevant stakeholders included K-12 professionals and representatives from community colleges, universities, families, and other parts of the community. When they are successful, stakeholders appear to be driven by a shared vision. In addition, strong leadership was repeatedly emphasized as crucial to the success of partnership. Among other things, effective leaders were able to clearly define required roles and responsibilities, as well as provide effective coordination among all partners.
This study contributes to a broader understanding of the vulnerability of established programs for students. Partnerships allow the group to have a shared space for transparency, mutual accountability, trust, open communication, and follow-up. However, systems that are currently in place are not always managed effectively. They are impacted by leadership transitions and changes in organizational goals that require quick modifications in a partnership’s approach to supporting schools and their students
AI Regulation Across Borders: Legal Challenges and Prospects for International Cooperation
Get PDFThe rapid development of artificial intelligence (AI) has fueled international calls for a comprehensive regulatory framework to balance innovation with the protection of fundamental rights. This analysis examines the diverse AI governance strategies of four key jurisdictions—the European Union (EU), the United Kingdom, the United States, and China—highlighting their strengths, limitations, and ideological differences. It explores the complexities of crafting an international AI treaty, including challenges related to enforcement mechanisms, regulatory burdens on developers, and ideological divides between Western democracies and China. To navigate these challenges, fostering global cooperation and ensuring accountability without stifling innovation is essential. By leveraging existing frameworks and addressing critical obstacles, an international AI treaty could establish a foundation for responsible and equitable AI development on a global scale
When Rosie the Robot Comes to Class: Using AI to Support Instruction
Get PDFAs AI continues to evolve, counselor educators are positioned to lead the development of best practices for its integration into curricula. Counselors can significantly enhance doctoral-level supervision courses by embracing these technologies responsibly and creatively while maintaining academic standards and integrity. This approach empowers educators to leverage AI effectively and ethically in their teaching practices. The introduction of the 4 C’s framework of evaluating and analyzing the consequences, control, critique, and care assists counselors and counselor educators in incorporating and integrating AI use ethically and responsibly. These four key considerations are provided as a framework for addressing the ethical use of AI in the classroom and with clients. Practical applications, such as virtual role-playing, automated feedback, and personalized learning, are provided for consideration while ethically and carefully integrating AI when designing and disseminating learning activities. AI brings the potential for a transformative and fresh perspective into counselor education. However, there is a need for careful consideration of the ethical implications and responsible use of AI to enhance instruction
Guide to the Cabinet records (University of San Diego)
Get PDFThe University of San Diego Cabinet records contain meeting minutes, agendas, and other workshop and reference materials created or used by the Cabinet in the course of regular activities from 1974 to 2017. The Cabinet (also sometimes referred to as the University Cabinet or President\u27s Cabinet) serves as an advisory body to the President and the Board of Trustees on institutional affairs. Their meetings cover topics relating to academics, budgeting, strategic plans and mission statements, as well as other administrative matters as needed.
Finding Aids are tools used to aid research by describing the materials in a collection. Special Collections Finding Aids include historical and/or biographical information along with a description of the collection and a folder listing of the content.
To view this collection please email University Archives and Special Collections staff at [email protected]://digital.sandiego.edu/findingaidsur/1057/thumbnail.jp
Integrating an SMS Text Reminder Program for SMI Patients to Combat Provider Appointment No-Shows
Get PDFAbstract
We are in the digital age in all avenues of life, especially healthcare. The standard of care is no longer just a paper reminder card and a call from the office to confirm the patient is going to make it in the week of their appointment. Cards get lost and more people are screening their phones due to a rise in robocalls and scams, which is leading to more people corresponding via text. This is why text-based reminders are now the new, preferred standard for reminding patients of their appt. With that said, there appears to be a deficit in psychiatric patients getting text reminders of their provider appointments. The project\u27s thrust was to attempt to change this healthcare deficit for patients with a psychiatric illness. This was accomplished by including the intervention of an SMS text reminder before their appointment compared to the previous year around the same time when it was the traditional reminder card and call. The project is a quasi-experimental design, which was backed by a thorough literature review and trying to look for the literature gap.
The project tried to address the goal of lower psychiatric provider no-shows, which can lead to better client care and increase revenue for struggling community clinics, especially due to the model switching to fee for service, which can lead to the closure of community clinics leading to those in the most need without mental healthcare, at all. This project conception tried to use standard Microsoft Office programs to help it be implemented at other programs due to the software already available at most clinics.
Keywords: community health, budget-saving, no-show rates, standard of care, SMS text, informatics, mental health, behavioral health
Defending Democracy: Women’s Leadership in Preventing and Mitigating Election Violence (Executive Summary)
No full textSince 1999, Women Waging Peace members have been carefully selected to join the one-of-a-kind global network that works to end cycles of violence. With 1,000+ women peacebuilder members from 56+ countries and 30+ areas of peacebuilding expertise, the network drives forward evidence-based approaches to building more inclusive and peaceful societies. The network is hosted by the Kroc Institute for Peace and Justice.
The annual Women Waging Peace report serves as a guide for policymakers and funders, drawing directly from the recommendations and priorities of women peacebuilders around the world. These findings have been provided by peacebuilders across countries, conflict contexts, types of peacebuilding work, and across age, sexual orientation, education level, disability and migration status. This report leveraged the perspectives and experiences of 106 women peacebuilders from 43 countries to identify peacebuilding priorities for 2025, reflect on the challenges and achievements of 2024, and provide the following recommendations for how international partners can better support women peacebuilders engaged in preventing and mitigating election violence.https://digital.sandiego.edu/ipj-research/1112/thumbnail.jp
Social Media, Social Sensibilities, and the Employment Relationship
No full textEmployers have long made decisions based on the applicant’s or incumbent employee’s respectability. Those whose transgress the bounds could be excluded; e.g., those who publicly embrace the Ku Klux Klan.[] In other words, frank speech—speech “unconstrained by anything that might normally encourage one to be more circumspect,”[] speech revealing one’s “true feelings, however repellant to popular morality”[]—is not invariably a good thing.[]
When social media came into wide use, employers extended their monitoring of applicants and incumbents for the acceptability of that speech.[] There is nothing new in that.[] In the absence of a clear direction embodied in law that such judgments are not to be made—and some American law does that, as Professor Willborn explores[]—society allows employers, as actors among a multitude of others in civil society, to make judgments of what they believe their or the public’s sensibility disallows even as, given the velocity of change in social norms, those judgments might be idiosyncratic or anachronistic. The question is whether, on what matters, directed to what audiences, and by what turns of expression should that allowance be withdrawn.[]
This paper is part of a Symposium on “Free Speech Beyond The Constitution” published in 27 Journal of Contemporary Legal Issues (2025)
الدفاع عن الديمقراطية: ريادة النساء في منع وتخفيف حدة عنف الانتخابات
No full textعتمد بشكل مبارش عىل توصيات وأولويات صانعات السالم حول العالم. ً � لصانعي السياسات والممولني ر يعترب تقرير Peace Waging Women دليًال أعمار والميول الجنسية ومستويات التعليم وا إإلعاقة وحاالت الهجرة وقد قامت صانعات السالم بتقديم هذه االستنتاجات المستقاة من كافة البلدان واأل ن االعتبار. واستند هذا التقرير إىل وجهات نظر وتجارب 106 من صانعات السالم من 43 أ � عمال بناء السالم بعني أنواع المختلفة أل مع أخذ سياقات ال زنزاع واأل ن عىل ي ر تساعد الرش � كاء الدوليني بلدًاً لتحديد أولويات بناء السالم لعام ،2025 والنظر يفي تحديات وإنجازات عام ،2024 وتوفرير � التوصيات التالية للطريقة اليت تقديم دعم أفضل للنساء صانعات السالم المشاركات يفي منع وتخفيف حدة عنف االنتخابات.https://digital.sandiego.edu/ipj-research/1124/thumbnail.jp