1,585 research outputs found
Judiasm, Pluralism, and Constitutional Glare
No full textThis short essay is part of a symposium issue titled "People of the Book: Judaism's Influence on American Legal Scholarship." The essay is in part a bit of a spiritual memoir. More important, it tries to tie together various aspects of pluralism and existential encounter that have animated much of my scholarly work. The topics touched on include the question of religion-based exemptions in American constitutional law, the complicated relationship of natural law and positive, law, the debate on same-sex marriage, the problem I call "constitutional glare," and the jurisprudence of Jewish law.Please contact Charlotte Schneider ([email protected]) for any questions about this deposit
Prayer is Serious Business: Reflections on Town of Greece
No full textIn his dissent in Marsh v. Chambers, which upheld the practice of chaplains delivering public prayers in state legislative chambers, Justice William J. Brennan, Jr., observed that “prayer is serious business – serious theological business.” This two-part essay returns to that simple but important insight in discussing the Supreme Court’s recent return to the question of legislative prayer in Town of Greece v. Galloway.
The first part is based on remarks I delivered as part of a panel discussion held several months before the Supreme Court handed down its ruling in Town of Greece. I proposed that the Court should overrule Marsh, or at least not extend its reach to local governmental bodies. But I also argued that, if the Court was unwilling to draw such bright lines, it should resist the temptation to parse individual prayer practices to make sure that they remained inoffensively “non-sectarian.”
The second part of the essay was written after Town of Greece came down. It contends that both the majority opinion and Justice Kagan’s principal dissent failed spectacularly to appreciate that “prayer is serious business.” The majority listed a litany of purposes for public prayer, but neglected to include the most obvious – to pray. And the dissent repeatedly discussed the audiences for various public prayers, but ignored the most obvious intended audience – God. The two opinions are actually remarkably alike in reducing civic prayer to political declarations of identity. For Justice Kennedy, the prayers recited in the Town of Greece reflected a patriotic and inclusive national identity that transcends specific religious expressions. For Justice Kagan, the prayers were sectarian and exclusionary. But, at the end of the day, that is mere quibbling.Please contact Charlotte Schneider ([email protected]) for any questions about this deposit
Master Metaphors and Double-Coding in the Encounters of Religion and State
No full textThis article was originally presented during a conference on “Hosanna-Tabor and/or Employment Division v. Smith” at the Institute for Law and Religion of the University of San Diego School of Law. At its most practical, the article tries to make sense of the puzzle that that motivated the San Diego conference: the dramatic divergence in our law between doctrines of individual religion-based exemptions from otherwise-applicable rules, which are increasingly under conceptual and doctrinal attack, and religious institutional autonomy, which was resoundingly reaffirmed in Hosanna-Tabor as a principle of self-conscious recognition of the authority and juridical dignity of religious institutions.
More fundamentally, though, the article builds on two main themes. First, it argues that the three strands of the jurisprudence of law and religion -- free exercise, non-establishment, and religious institutional autonomy -- are rooted in a common theme or master metaphor: the existential encounter between the state and religion and the vision of religious communities and normative systems as distinct sovereigns. Second, it also emphasizes, the importance to the legal imagination of what I call “double-coding” -- the simultaneous, stereoscopic, and mutually transposing, affirmation of both radical principle and staid doctrine. Double-coding can appear in many places in the law, but it is particularly important in contexts such as the relation of religion and state in which the legal culture is most likely to retreat into a simple-minded solipsism about its own monopoly on authority and juridical dignity. But double-coding can only work successfully if legal doctrine, whether by conscious design or not, is open at least to pointing to something beyond itself.
The article calls on both these conceptual tools -- the master metaphor of sovereignty and the possibility of double-coding -- to try to understand the divergence between the fate of religion-based exemptions and religious institutional autonomy. The article suggests various explanations for that divergence, but focuses on the essentially contingent fact that, even during their heyday, judicial defenses of free exercise exemptions never adequately responded to some fundamental theoretical challenges and (unlike doctrines of institutional autonomy) rarely allowed for the power of double-coding to shape the legal imagination.Please direct any questions about this deposit to me, as the designated depositor. Thank you
Natural Law, Equality, and Same-Sex Marriage
No full textThe article proposes a different, more nuanced and responsive, understanding and defense of same-sex marriage. And it suggests how we might be able to transcend the still-divisive debate that lingers on the subject even as the momentum in favor of same-sex marriage has accelerated.
In their advocacy for same-sex marriage so far, proponents have tended to advance a “thin” conception of civil marriage at odds with more traditional views. This thin conception rejects any defining link between marriage and heterosexual procreation. And it resists portraying marriage as grounded in any narrative as substantial as “natural law.”
This article argues that this flattening of the idea of marriage is unnecessary to a defense of same-sex marriage. It is possible to believe that marriage is paradigmatically, even in “natural law,” a heterosexual institution, and also believe that it should be extended to same-sex couples. In fact, the law often extends rules and institutions beyond their paradigms without rejecting the force of those paradigms. A good example is the law of adoption, which accepts the paradigm of biological parenthood, but also accommodates the fact that not all children can or should be raised by their biological parents. The article proposes a structurally similar argument for same-sex marriage, grounded in what I call “analogy of dignity” – maintaining the rich traditional meaning of marriage while also explaining why it should today also be available to same-sex couples.
Just as important, the article suggests that, at the end of the day, this sort of argument from “analogy of dignity” is actually more compelling than arguments based on such reductionist slogans as “freedom to marry” and “marriage equality.” It is situational and contingent rather than detached and universal. It better reflects why many same-sex couples might care about marriage in the first place. And it connects to deep and important values such as fraternity, the Golden Rule, and basic decency.Please direct any questions about this deposit to Charlotte Schneider ([email protected])
Scopes of religious exemption: a normative map
No full textReligious exemptions take a variety of forms, with distinct logical shapes and normative underpinnings. This paper identifies eight ideal types of religious exemptions, grouped into three larger rubrics, representing a series of different analytic and justificatory structures, to help make sense of what might otherwise seem to be mysterious discontinuities and inconsistencies. The paper suggests how the various types can illuminate each other and how surveying the sequence as a whole might say something about the encounter of religion and state and the power of the legal imagination. The payoff or punch line is that the first, most obvious and straightforward, category of religion-based exemptions is also the most radical; that some of the other categories are tamer precisely to the extent that they introduce a wider and more complex range of values; but that the excursion in the end will necessarily come full circle to where it began
How beliefs get in the way of the acceptance of evolutionary psychology
No full textAn opinion article published in the journal "Frontiers in Psychology" by the listed authors including Laura K. Dane (Douglas College Faculty).Final article publishedphilosophyevolutionary psychologysocial psychologybiasesbelief system
Wpływ wizerunków polskich liderów politycznych na odbiór przekazów politycznych przez wyborców
No full text[PL:]Prezentowane dane pochodzą z projektu Twarze czy Programy, realizowanego w Laboratorium Badań Medioznawczych UW, obejmującego badania reakcji wyborców na cytaty polityków w sytuacji znanego bądź też nieznanego autorstwa danego cytatu. W badaniu tym wykorzystany został zarówno pomiar deklaratywny (informacje dotyczące postaw i preferencji wyborczych, opinie dotyczące cytatów), jak też pomiar biometryczny (rodzaj natężenie reakcji emocjonalnej na poszczególne cytaty i w sytuacji ujawnienia autora cytatu).W razie potrzeby dostępu do danych w języku innym niż polski prosimy o kontakt z administratorem danych.[ENG:]The presented data comes from the project Faces or Programs conducted by Laboaratory of Media Studies in University of Warsaw, which includes research on voters' reactions to politicians' quotes, depending on whether the author of the quote was known or unknown. This study employed both declarative measures (information about political attitudes and preferences, opinions about the quotes) and biometric measurements (type and intensity of emotional responses to individual quotes and in situations where the author was revealed).If you require access to the data in a language other than Polish, please contact the data administrator.</p
Data for "Fast Approximate STEM Image Simulations from a Machine Learning Model"
No full textThis data set contains all the data for the following paper:
Fast Approximate STEM Image Simulations from a Machine
Learning Model, Aidan H. Combs, Jason J. Maldonis, Jie Feng, Zhongnan Xu, Paul
M. Voyles, Dane Morgan, published in the journal Advanced Structural and Chemical Imaging (2019).
DOI : 10.1186/s40679-019-0064-2
ASCI-D-18-00004.4Contact author: Dane Morgan </p
Jacksonville, Neosho County
No full textDane Roberts, “Jacksonville, Neosho County,” Chapman Center Research Collections, https://ccrsresearchcollections.omeka.net/items/show/88.The author uses historic documents and newspaper accounts to piece together the brief history of the town of Jacksonville, Neosho County, Kansas
An examination of cross contamination rates between common kitchen surfaces, hands, and produce
No full textFresh cut produce consumption has increased recently due to increase consumer demand and availability. Such products may pose a risk of foodborne disease because the product is frequently consumed raw. This thesis addresses three specific concerns related to fresh cut produce safety: (i) quantification of the cross contamination rates between fresh cut produce and hands (ii) quantification of the cross contamination rates between a variety of fresh produce and surface types using scenarios that differ by cross contamination direction, surface type, produce type, and post inoculation drying time and (iii) quantification of the transfer rates of Escherichia coli O157:H7 between a single inoculated lettuce leaf to non-inoculated lettuce leaves under various washing times. These studies were carried out using a non-pathogenic surrogate (Enterobacter aerogenes) or cocktails of E. coli O157:H7 or Salmonella. Fresh cut produce types used were cantaloupe, carrots, celery, romaine lettuce or watermelon. Surface types used were ceramic, stainless steel, glass, and plastic. When gloved hands were contaminated with E. coli O157:H7 about 30% transferred to carrots, and 10% and 3% to celery and cantaloupe respectively. When carrots and celery were contaminated, about 1% of those bacteria transferred to gloved hands, while inoculated cantaloupe only transferred about 0.3%. Dry food contact surfaces transferred almost 100% of the bacteria present to carrots and watermelon, but transfer from dry surfaces to celery or lettuce were much more variable. Wash water will become contaminated with 90-99% of bacteria originally present on the lettuce leaves, regardless of washing time and each non-inoculated lettuce piece will become contaminated with ~1% of the E. coli O157:H7 originally on the inoculated lettuce. The key observations are that direction of transfer, and moisture play a large role in determining transfer rates, and that a simple wash with tap water may not be sufficient to significantly reduce the microbial load on lettuce, and may result in contamination spread to previously uncontaminated leaves. Understanding the transfer rates to and from fresh cut produce and during washing arising from this work will allow for better risk assessment and management of microbial food safety risks in the home.M.A.Includes bibliographical referencesby Dane A. Jense
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