1,720,998 research outputs found
The Littlest Rebel: James J. Kilpatrick and the Second Civil War
Get PDFEpps, Garrett. (1993). The Littlest Rebel: James J. Kilpatrick and the Second Civil War. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/166879
Interpreting the Fourteenth Amendment: Two Don\u27ts and Three Dos
Get PDFA sophisticated reading of the legislative record of the framing of the Fourteenth Amendment can provide courts and scholars with some general interpretive principles to guide their application of the Amendment to current legal problems. The author argues that two common legal conceptions about the Amendment are, in fact, misconceptions. The first is that the Amendment was chiefly concerned with the immediate situation of freed slaves in the former slave states. Instead, he argues, the legislative record suggests that the framers were broadly concerned with the rights not only of freed slaves but also of foreign-born immigrants in the North and the South, and of Southern Unionists and Northern migrants in the former Confederacy. The second misconception is that the central purpose of the Amendment was to constitutionalize the Civil Rights Act of 1866, and that section 1 can thus be interpreted as chiefly incorporating the short list of basic civil rights protected by that Act. Both the legislative record and the statements by the Amendment\u27s sponsors during the debate over its framing demonstrate that the Amendment was an independent measure aimed at a much broader set of reforms in state institutions. The author suggests that the record does support three positive statements about the Amendment. The first is that the Amendment was aimed at addressing systemic flaws in the Constitution of 1787. The second proposition builds on the first by suggesting that the major flaw the framers saw in the original Constitution was its empowerment of a complex political and social institution widely known to antebellum thinkers as the Slave Power, a set of privileges for slavery that had permitted the slave states to dominate the federal government since at least 1800. The last proposition is that the Amendment, having been forged during an intense struggle between the executive and legislative branches, had as one of its aims to empower Congress, and that current jurisprudence that reads it as primarily concerned with empowering the federal courts misconceives the historical context from which it emerged. Finally, the author suggests that the broad political focus of the Amendment invites current interpretations that draw on political theory about the requirements of a genuinely democratic system, and that one such theory is the idea of the open society proposed during the mid-twentieth century by the influential philosopher Karl Popper
Peyote vs. the State: Religious Freedom on Trial
No full textThe story of the constitutional showdown over Native Americans’ religious use of peyote
With the grace of a novel, this book chronicles the six-year duel between two remarkable men with different visions of religious freedom in America.
Neither sought the conflict. Al Smith, a substance-abuse counselor to Native Americans, wanted only to earn a living. Dave Frohnmayer, the attorney general of Oregon, was planning his gubernatorial campaign and seeking care for his desperately ill daughters. But before this constitutional confrontation was over, Frohnmayer and Smith twice asked the U.S. Supreme Court to decide whether the First Amendment protects the right of American Indians to seek and worship God through the use of peyote. The Court finally said no.
Garrett Epps tracks the landmark case from the humblest hearing room to the Supreme Court chamber—and beyond. This paperback edition includes a new epilogue by the author that explores a retreat from the ruling since it was handed down in 1990. Weaving fascinating legal narrative with personal drama, Peyote vs. the State offers a riveting look at how justice works—and sometimes doesn’t—in America today.https://scholarworks.law.ubalt.edu/fac_books/1030/thumbnail.jp
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Symposium: Bruce Springsteen and the American Lawyer: Meanness in This World
Get PDFAs part of a symposium on Bruce Springsteen and American law, this essay considers the themes explored by Springsteen in his song Nebraska, which was inspired by the story of Charles Starkweather and Caril Anne Fugate, two young lovers who indulged in a remarkable course of violence in Nebraska during the 1950s. The essay asks to what extent the song, and the story, echo the themes of emigration and displacement that are key elements in the history and current reality of the American West. The essay compares the story of Starkweather and Fugate with the current case of Christian Longo, convicted and sentenced to death in Oregon for murdering his wife and three children and disposing of their bodies in a shallow watercourse on the Pacific Coast. The crime of family annihilation seems as unfathomable as do the random murders committed by Starkweather and Fugate; but the author considers an episode from his own emigration from East to West, and the searing and peculiar pain caused by an injury to his daughter, as a means of considering the basic narcissism of parenthood, exacerbated by the separation from extended family and community occasioned by the trek west, which is a fearsome one even in the era of airliners and automobiles. It concludes that only the imagination of the artist can lead us to confront the darkness that lies inside us -- what Ernest Hemingway in his story A Clean, Well-Lighted Place, called the nada. If a mild-mannered law professor can glimpse the nada inside himself from the small traumas and partial, inevitable dissolution of his family, then perhaps even a killer like Longto, and by extension, Starkweather, is not beyond the realm of human solidarity and even understanding
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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