1,720,954 research outputs found
THE RIGHT OF EQUAL ACCESS: HOW PUBLIC ACTION DOCTRINE CONSTITUTIONALIZES THE U.S. CIVIL RIGHTS FRAMEWORK
The way we draw the line between public and private action is vital to the advancement of our collective equality and the survival of the American experiment with democracy, contract and property rights. However, the Court’s nineteenth century “state action” interpretation of the Fourteenth Amendment, which says discrimination is constitutional, has dominated how we draw this line for the past century and a half. This thesis analyzes the history of state action doctrine in U.S. constitutional law and demonstrates that the injustice and instability resulting from its flawed premise and inconsistent application in cases concerning equality precipitates the need for a new approach. To address this problem, this thesis introduces public action theory revealing a path to consistent legislative and judicial interpretation of Equal Protection under the law with a new framework defining what is public and private in our society.
Public action theory is a constitutionally sound reading of the Fourteenth Amendment that combines five legal and legislative precedents into a cohesive, operational whole. The strategy to implement public action doctrine in U.S. congressional and judicial policy includes (1) statutory codification of the English common law right of equal access to public accommodations, (2) grounding of this congressional legislation in the Fourteenth Amendment, (3) coordination of this new legislation with the landmark Americans Disabilities Act, (4) statutory codification of the Supreme Court super precedent set in Shelley v. Kraemer that revised state action doctrine and, (5) a definition of the “state” as a political community of citizens and their government within a geographic boundary.
The public action theory also responds to the Supreme Court’s history of degrading congressional Commerce Clause power in Equal Protection cases and its current aggressive pattern of renovating the architecture of twentieth century U.S. judicial policy by upending precedent on central issues, putting critical civil rights precedents at risk for reversal. This paper demonstrates how public action secures the individual right to access public accommodations and other parts of political, social and economic life free from arbitrary discrimination, holding the potential to stabilize the U.S. civil rights framework
THE RIGHT OF EQUAL ACCESS: HOW PUBLIC ACTION DOCTRINE CONSTITUTIONALIZES THE U.S. CIVIL RIGHTS FRAMEWORK
The way we draw the line between public and private action is vital to the advancement of our collective equality and the survival of the American experiment with democracy, contract and property rights. However, the Court’s nineteenth century “state action” interpretation of the Fourteenth Amendment, which says discrimination is constitutional, has dominated how we draw this line for the past century and a half. This thesis analyzes the history of state action doctrine in U.S. constitutional law and demonstrates that the injustice and instability resulting from its flawed premise and inconsistent application in cases concerning equality precipitates the need for a new approach. To address this problem, this thesis introduces public action theory revealing a path to consistent legislative and judicial interpretation of Equal Protection under the law with a new framework defining what is public and private in our society.
Public action theory is a constitutionally sound reading of the Fourteenth Amendment that combines five legal and legislative precedents into a cohesive, operational whole. The strategy to implement public action doctrine in U.S. congressional and judicial policy includes (1) statutory codification of the English common law right of equal access to public accommodations, (2) grounding of this congressional legislation in the Fourteenth Amendment, (3) coordination of this new legislation with the landmark Americans Disabilities Act, (4) statutory codification of the Supreme Court super precedent set in Shelley v. Kraemer that revised state action doctrine and, (5) a definition of the “state” as a political community of citizens and their government within a geographic boundary.
The public action theory also responds to the Supreme Court’s history of degrading congressional Commerce Clause power in Equal Protection cases and its current aggressive pattern of renovating the architecture of twentieth century U.S. judicial policy by upending precedent on central issues, putting critical civil rights precedents at risk for reversal. This paper demonstrates how public action secures the individual right to access public accommodations and other parts of political, social and economic life free from arbitrary discrimination, holding the potential to stabilize the U.S. civil rights framework
Going Beyond Counting First Authors in Author Co-citation Analysis
The 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
Variations on the Author
“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
We 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
We 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
koamabayili/VECTRON-author-checklist: VECTRON author checklist
We have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
Author-wise bibliometric analysis based on entropy.</p
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