7,969 research outputs found
Book Review: Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique
This essay reviews the new book, Against Constitutional Originalism by Professor Jonathan Gienapp. It shows how this important book complicates the legal theory of originalism and its understanding of the Constitution. Gienapp convincingly shows that Founding-era Americans had a very different understanding of the nature of constitutions—what they are and how they worked. The conception of the Constitution that feels natural to modern Americans actually developed gradually in the decades and centuries after the Founding and was not the original meaning. Gienapp contends that this creates foundational problems for the originalist approach to Constitutional interpretation. It exposes the fundamental misunderstanding that strikes at the heart of originalism, showing it is not the objective recovery of the real Constitution it purports to be
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The second creation ::fixing the American Constitution in the founding era /
Americans widely believe that the United States Constitution was almost wholly created when it was drafted in 1787 and ratified in 1788. But in a shrewd rereading of the founding era, Jonathan Gienapp upends this long-held assumption, recovering the unknown story of American constitutional creation in the decade after its adoption--a story with explosive implications for current debates over constitutional originalism and interpretation. When the Constitution first appeared, it was shrouded in uncertainty. Not only was its meaning unclear, but so too was its essential nature. Was the American Constitution a written text, or something else? Was it a legal text? Was it finished or unfinished? What rules would guide its interpretation? Who would adjudicate competing readings? As political leaders put the Constitution to work, none of these questions had answers. Through vigorous debates they confronted the document's uncertainty, and--over time--how these leaders imagined the Constitution radically changed. They had begun trying to fix, or resolve, an imperfect document, but they ended up fixing, or cementing, a very particular notion of the Constitution as a distinctively textual and historical artifact circumscribed in space and time. This means that some of the Constitution's most definitive characteristics, ones which are often treated as innate, were only added later and were thus contingent and optional. By offering a stunning revision of the founding document's evolving history, The Second Creation forces us to confront anew the question that animated the founders so long ago: What is our Constitution?-
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Against constitutional originalism ::a historical critique /
"Constitutional originalism stakes law to history. The theory's core tenet--that the U.S. Constitution should be interpreted according to its original meaning--has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the U.S. Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have"-
Jonathan Ned Katz Author Event: The Daring Life and Dangerous Times of Eve Adam
“The Daring Life and Dangerous Times of Eve Adams,” interview with author, Jonathan Ned Katz, moderated by Emily Weiner (WWU) and organized by Congregation Beth Israel
Contemporary Literature. Analysis of Jonathan Bazzi's novels
openDopo una breve panoramica della letteratura italiana degli ultimi vent’anni si analizzano i due romanzi di Jonathan Bazzi "Febbre" e "Corpi minori" dai punti di vista formale, stilistico e tematico. Si discute inoltre il rapporto tra social media, autofiction e autore; nel capitolo 4 si riporta l'intervista che Bazzi ci ha gentilmente concesso, in cui questi argomenti vengono ripresi.
Si individuano alcune differenze che i testi mostrano rispetto alla letteratura moderna, e gli aspetti che hanno in comune con quella contemporanea; nel fare questo si accennano quindi alcune caratteristiche della società che li ha prodotti.The paper starts off with a brief overview of the contemporary Italian literature; then the reader is guided through an analysis of Jonathan Bazzi's novels, "Febbre" ("Fever") and "Corpi minori" ("Minor bodies"), both translated in English and published by Scribe. The relationship between author, autofiction and social media will also be discussed; in chapter four the reader will find the interview Bazzi kindly granted us
Administration and Curricula of the Introductory Graduate Music Research Course
The introductory research course is an integral part of many graduate music programs, yet there have been few studies that discuss its curricula across institutions. A questionnaire was sent to instructors of the course to identify shared pedagogical approaches among North American schools of music. The survey was divided into sections that prompted respondents to identify issues discussed in the course, including the types and titles of resources, research methodologies, and library use topics. With a response rate of over 40 percent, the survey also contains valuable data concerning the professional identifications of instructors, assignments used for grading, common textbooks, perception of the course’s efficacy, and more. Shared features of the course included the importance of electronic resources; the minimal use of Internet-mediated instruction formats; a strong preference for English-language materials; and a focus on resources such as databases, style guides, collected works, monuments of music, and thematic catalogs over and above others such as repertoire guides, discographies, directories, and iconographies.Peer reviewedThis publication first appeared in Notes Volume 71, Number 3, March 2015, pp. 448-478. This material may not be copied or reposted without explicit permission. Copyright 2015, Jonathan Sauceda
Citizen participation in news
The process of producing news has changed significantly due to the advent of the Web, which has enabled the increasing involvement of citizens in news production. This trend has been given many names, including participatory journalism, produsage, and crowd-sourced journalism, but these terms are ambiguous and have been applied inconsistently, making comparison of news systems difficult. In particular, it is problematic to distinguish the levels of citizen involvement, and therefore the extent to which news production has genuinely been opened up. In this paper we perform an analysis of 32 online news systems, comparing them in terms of how much power they give to citizens at each stage of the news production process. Our analysis reveals a diverse landscape of news systems and shows that they defy simplistic categorisation, but it also provides the means to compare different approaches in a systematic and meaningful way. We combine this with four case studies of individual stories to explore the ways that news stories can move and evolve across this landscape. Our conclusions are that online news systems are complex and interdependent, and that most do not involve citizens to the extent that the terms used to describe them imply
To what extent is Lemuel Gulliver in Gulliver’s Travels by Jonathan Swift a reflection of the writer with regard to political and religious views, and attitudes toward women and the concept of family?
This extended essay is an examination of the extent to which the protagonist Lemuel Gulliver in Gulliver’s Travels is a reflection of Jonathan Swift. It involves the exploration of this research question in terms of politics, religion, attitude to women and family; with references to this piece of literature and some secondary resources when necessary. The quotations from published literary criticism are either refuted by examples from the novel or supported in the light of evidence from the novel. Other secondary resources include Swift’s two other prose works, The Modest Proposal and A Letter to a Very Young Lady on Her Marriage, which are referred to briefly for clarification of the evidence. The purpose of this study is to analyse in what ways and to what extent the protagonist is an author-surrogate in the abovementioned ways.
This essay is comprised of two sections, namely “politics and religion” and “women and family”, each focusing on a particular aspect of the investigation. In the first section, Swift’s political and religious standpoint is discussed extensively in order to correctly evaluate Gulliver’s paradigm. By making connections between the beliefs of the author and those of Gulliver, the relation between the two is established to support the claim of this essay. In the second section, the female figures in the novel and Gulliver’s perception of them are inspected. The plot is also taken into consideration in this part of the inquiry although the central focus is on the persona.
In the conclusion, it is validated that Gulliver is a reflection of Jonathan Swift with regard to political and religious vision, and attitude towards women and family, by juxtaposing and assembling the main elements of personification of Gulliver and Jonathan Swift’s personal ideas and experiences
Fixing America\u27s Founding
Review of Jonathan Gienapp\u27s The Second Creation: Fixing the American Constitution in the Founding Era
GSU Sponsors Noted Activist, Author Jonathan Kozol
Activist, educator, and author, Jonathan Kozol, has never been one to mince words or soften his stance. He has spent his life denouncing inequities in education and working tirelessly to elicit conversation and excite change.
On June 23, at 7 p.m., Governors State University’s Metropolitan Institute for Leadership in Education (MILE) will sponsor an appearance by Kozol to discuss the problems and possibilities of public school education
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