1,720,957 research outputs found
The Inapplicability of First Amendment Protections to BDS Movement Boycotts
Full text linkThis paper has been derived from, and is an expansion of, certain arguments the author made in an earlier legal study of the BDS Movement under United States law entitled, “The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal,” and is meant to rebut recent misleading assertions that the First Amendment protects participation by United States persons in foreign boycotts of Israel
Trading Places: The Intersection of LGBTQ Rights and Zionist Rights Under Federal Civil Rights
Full text linkWhile antidiscrimination laws have a long history at both the federal and state levels, the scope of coverage for these laws has evolved based on nuanced interpretations of terms that previously had established, static meanings. Many antidiscrimination laws prohibit discrimination on the basis of generic categorizations such as sex, religion or ethnicity but such terms are undergoing a rapid change in the way society understands and uses them. For example, sex, which historically has referred to biological gender at birth, now encompasses gender as well as sexual orientation. This article focuses on a recent Supreme Court decision relating to the scope of one federal antidiscrimination law, Title VII of the Civil Rights Act. In Bostock v. Clayton County, the Supreme Court found that the prohibition on discrimination based on sex under Title VII includes prohibitions on discrimination based on sexual orientation and gender identity, a decision that dramatically expanded the scope of Title VII. When it comes to religion, the same type of evolution is taking place in antidiscrimination laws. In the case of discrimination against Jews, there has always been a question as to whether antidiscrimination laws apply solely to the practice of Judaism, as a religion, or whether the laws apply to the various ways Jews exist in society, including as a religious and ethnic group seeking self-determination in its historic and modern homeland of Israel (i.e., Zionism). To an overwhelming majority of Jews, there is no way to separate the practice of Judaism from support for Zionism. In the wake of the October 7, 2023 Hamas terror attack on Israel and the subsequent mass protests across the globe, concepts of Zionism and Judaism have become a flashpoint for discrimination. As a result, the question of whether discrimination against Zionism is also discrimination on the basis of religion, national origin or ethnicity is ripe for discussion. This article examines how the principles of Bostock should be applied under federal civil rights laws (Titles VI and VII, in particular) to protect Jews who are Zionists from discrimination on the basis of their Zionist identity
The BDS Movement: That Which We Call a Foreign Boycott, by Any Other Name, Is Still Illegal
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Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Boycotting the Boycotters: Turnabout Is Fair Play Under the Commerce Clause and the Unconstitutional Conditions Doctrine
Full text linkOrganized boycotts are among the most powerful means of expressing a viewpoint. Boycotts have become so prevalent and persuasive in American politics and culture that many local and state governments have adopted this form of expression as well, particularly through laws and policies that prohibit state funds from being invested in, or spent to contract with, parties whose actions the state finds objectionable. While the First Amendment status of many boycotts has been robustly covered in court opinions and scholarly works, the constitutionality of state and local governments responding in kind with their own boycotts is not as well understood.
Many commentators, and some litigants, take the position that state boycott action violates, inter alia, the Dormant Commerce Clause and the Unconstitutional Conditions Doctrine, predicated on what is often a false belief that all boycott activity by non-state actors is absolutely protected First Amendment expression.
This Article examines the intersection of state and local boycotts of boycotters, on the one hand, and the Dormant Commerce Clause and Unconstitutional Conditions Doctrine, on the other hand. One of the most contentious cases of states boycotting the boycotters involves state antidiscrimination laws designed to allow states to refuse to enter into contracts with parties engaged in organized boycotts of Israel. This Article takes an in-depth look at this particular boycott movement and state laws enacted to deal with the discriminatory intent and impact of those boycotts. It finds that states are on firm constitutional ground in enacting laws that boycott the boycotters
Restoring Nobility to the Constitution: A Modern Approach to a Founding Principle
Full text linkIt is common lore in the United States that our federal government was structured with a number of checks and balances that ensure, at a minimum, the equal application of law among all citizens. While there are indeed such structural mechanisms embedded in the Constitution, they don’t always work as intended and, in fact, at times they fail utterly to prevent blatant abuses of the rule of law by the vast and growing political class in America. Our political office holders (and their favored constituents) can, and do, pick and choose which laws apply to them and, more importantly, which laws they are exempt from. This has led to increasing outrage focused on the nation’s inequitable political and legal framework, with many calling for, among other things, new amendments to the Constitution to remediate the infirmities of the system.
The solution, however, is already in the Constitution.
The “Nobility Clauses” are among the least understood, and least invoked, provisions of the Constitution relating to the use, limits and distribution of political and legal power in the United States. Many believe that the purpose of the Nobility Clauses is specifically limited to forbidding grants of noble titles by the federal and state governments of the United States and are thus of narrow constitutional importance. This paper will show that the Nobility Clauses were never intended to be limited solely to prohibiting titles and were, in fact, intended to prevent the political class from granting themselves and their favored affiliates privileges and immunities not available to the general public. This paper concludes with a proposal for a mechanism to enforce the Nobility Clauses in a modern context
Variations on the Author
Full text link“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
Full text linkWe 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
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