8,143 research outputs found
Rage Rhetoric and the Revival of American Sedition
No full textWe are living in what Professor Jonathan Turley calls an age of rage. However, it is not the first such period. Professor Turley explores how the United States was formed (and the Constitution was written) in precisely such a period. Throughout that history, sedition has been used as the vehicle for criminalizing political speech. This Article explores how seditious libel has evolved as a crime and how it is experiencing a type of American revival. The crime of sedition can be traced back to the infamous trials of the Star Chamber and the flawed view of free speech articulated by Sir William Blackstone. That view continues to resonate in “bad tendency” rationales for criminalizing what Professor Turley calls “rage rhetoric.” An advocate for a broader theory of free speech, Professor Turley suggests that the United States should break this cycle and reject a crime that it is not only superfluous in many cases, but the product of the anti-free speech theories extending back to the seventeenth century. The elimination of the crime would fulfill what Professor Turley believes is the original and revolutionary view of free speech articulated by some figures at the start of the Republic. It would finally slay what James Madison called the “monster” lurking in our political and legal systems for centuries
Rage Rhetoric and the Revival of American Sedition
No full textWe are living in what Professor Jonathan Turley calls an age of rage. However, it is not the first such period. Professor Turley explores how the United States was formed (and the Constitution was written) in precisely such a period. Throughout that history, sedition has been used as the vehicle for criminalizing political speech. This Article explores how seditious libel has evolved as a crime and how it is experiencing a type of American revival. The crime of sedition can be traced back to the infamous trials of the Star Chamber and the flawed view of free speech articulated by Sir William Blackstone. That view continues to resonate in “bad tendency” rationales for criminalizing what Professor Turley calls “rage rhetoric.” An advocate for a broader theory of free speech, Professor Turley suggests that the United States should break this cycle and reject a crime that it is not only superfluous in many cases, but the product of the anti-free speech theories extending back to the seventeenth century. The elimination of the crime would fulfill what Professor Turley believes is the original and revolutionary view of free speech articulated by some figures at the start of the Republic. It would finally slay what James Madison called the “monster” lurking in our political and legal systems for centuries
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The indispensable right ::free speech in an age of rage /
No full text"This book places the current attacks on the right of free speech in their proper historical, legal, and political context. The United States was born in an age of rage and for 250 years we have periodically lost sight of the value of free expression. The history of the struggle for free speech is the story of extraordinary people--nonconformists who refuse to yield to abusive authority--and here is a mosaic of vivid characters and controversies. Jonathan Turley takes readers through the figures and failures that have shaped us and then shows the unique dangers of our current moment. The alliance of academic, media, and corporate interests with the government's traditional wish to control speech has put us on an almost irresistible path toward censorship. Turley reminds us that we remain a nation grappling with the implications of free expression and with the limits of our tolerance for the speech of others"-
The Loadstone Rock: The Role of Harm in the Criminalization of Plural Unions
No full textIn this Article, Professor Turley explores the concept of social harm in the context of two recent cases in the United States and Canada over the criminalization of polygamy. The cases not only resulted in sharply divergent conclusions in striking down and upholding such laws respectively, but they offered strikingly different views of the concept of harm in the regulation of private consensual relations. Professor Turley draws comparisons with the debate over morality laws between figures like Lord Patrick Devlin and H.L.A. Hart in the last century. Professor Turley argues that the legal moralism of figures like Devlin have returned in a different form as a type of ¿compulsive liberalism¿ that seeks limitations on speech and consensual conduct to combat sexism and other social ills. The alternative, advocated in this Article, is the adoption of a Millian approach to harm that requires a more concrete form of injury or harm to justify individual choice. In what he calls the ¿Loadstone Rock¿ of constitutional analysis, the definition of harm continues to dictate the outcome of the conflict between individual choice and social mores
Jonathan Ned Katz Author Event: The Daring Life and Dangerous Times of Eve Adam
No full text“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
No full textopenDopo 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
Dualistic Values in the Age of International Legisprudence
No full textScholars and judges have long debated the extent to which international law-treaties, agreements, and customs among nations- should play a role in disputes over the application of domestic (or municipal) laws. Proponents of dualism would treat international laws as subordinate to any applicable municipal legal authority, while advocates of monism view the two sources of law as equally capable of controlling any given controversy. Dualism is traditionally linked to a narrow, horizontal definition of public international law that confines its authority to the realm of nation-states, excluding any vertical conception of international law as operating for the benefit of individuals. Viewed in this way, dualism is an exogenous value that follows from a narrow outlook on international law.
In this Article, Professor Turley suggests an alternative, endogenous basis for dualism: Rather than evolving as a byproduct of horizontal understandings of international law, he argues, dualism derives from the inherent pluralistic values of Madisonian democracy. Courts adopt dualistic interpretative methods in order to protect the Madisonian system\u27s legitimacy from the challenge presented by extrinsic legal sources-laws that have not undergone the test of the deliberative process, with its checks on legislative power and factionalism. To discern the roots of dualistic values, Professor Turley examines the tension between dualism and monism in the context of judicial decisions under two canons of statutory construction: the presumption in favor of international law and the presumption against extraterritoriality. He explains that courts originally applied these canons, as well as other rules like the last-in-time and political question doctrines, to limit the judicial role in cases along the borderland of international and municipal law. Concerned with reducing institutional tensions and preserving the unelected judiciary\u27s legitimacy within the tripartite system, courts favored minimalist approaches to statutory construction and deferred to one of the political branches when confronted with potential interbranch conflicts or international controversy. These institutional legitimacy concerns of the past found their expression in dualistic uses of the presumptions.
Today, however, source conflicts are increasingly common and many disputes have transnational dimensions. Professor Turley shows that modern courts cannot avoid playing a significant role in international legisprudence. Drawing on economic and normative theories of legislation, he argues that the canons have outlived their usefulness and may disserve the Madisonian system either by allowing special interest groups to exploit its weaknesses or by concealing judicial bias and outcome-selection. Under a realistic view of the modern judicial role in guarding the legitimacy of the Madisonian system, Professor Turley recommends that courts directly face transnational issues that arise in disputes. Judges should rely on international law (among other sources) in the interpretation of ambiguous statutes to best fulfill their public-regarding purposes. Consistent with dualism and legislative supremacy, however, they may not apply extrinsic sources that conflict with explicit congressional commands. Under this new view of dualism and institutional legitimacy, Professor Turley concludes, courts can serve a valuable function in resolving conflicts between municipal and international sources, while protecting the proceduralistic values of Madisonian democracy
Dualistic Values in the Age of International Legisprudence
No full textScholars and judges have long debated the extent to which international law-treaties, agreements, and customs among nations- should play a role in disputes over the application of domestic (or municipal) laws. Proponents of dualism would treat international laws as subordinate to any applicable municipal legal authority, while advocates of monism view the two sources of law as equally capable of controlling any given controversy. Dualism is traditionally linked to a narrow, horizontal definition of public international law that confines its authority to the realm of nation-states, excluding any vertical conception of international law as operating for the benefit of individuals. Viewed in this way, dualism is an exogenous value that follows from a narrow outlook on international law.
In this Article, Professor Turley suggests an alternative, endogenous basis for dualism: Rather than evolving as a byproduct of horizontal understandings of international law, he argues, dualism derives from the inherent pluralistic values of Madisonian democracy. Courts adopt dualistic interpretative methods in order to protect the Madisonian system\u27s legitimacy from the challenge presented by extrinsic legal sources-laws that have not undergone the test of the deliberative process, with its checks on legislative power and factionalism. To discern the roots of dualistic values, Professor Turley examines the tension between dualism and monism in the context of judicial decisions under two canons of statutory construction: the presumption in favor of international law and the presumption against extraterritoriality. He explains that courts originally applied these canons, as well as other rules like the last-in-time and political question doctrines, to limit the judicial role in cases along the borderland of international and municipal law. Concerned with reducing institutional tensions and preserving the unelected judiciary\u27s legitimacy within the tripartite system, courts favored minimalist approaches to statutory construction and deferred to one of the political branches when confronted with potential interbranch conflicts or international controversy. These institutional legitimacy concerns of the past found their expression in dualistic uses of the presumptions.
Today, however, source conflicts are increasingly common and many disputes have transnational dimensions. Professor Turley shows that modern courts cannot avoid playing a significant role in international legisprudence. Drawing on economic and normative theories of legislation, he argues that the canons have outlived their usefulness and may disserve the Madisonian system either by allowing special interest groups to exploit its weaknesses or by concealing judicial bias and outcome-selection. Under a realistic view of the modern judicial role in guarding the legitimacy of the Madisonian system, Professor Turley recommends that courts directly face transnational issues that arise in disputes. Judges should rely on international law (among other sources) in the interpretation of ambiguous statutes to best fulfill their public-regarding purposes. Consistent with dualism and legislative supremacy, however, they may not apply extrinsic sources that conflict with explicit congressional commands. Under this new view of dualism and institutional legitimacy, Professor Turley concludes, courts can serve a valuable function in resolving conflicts between municipal and international sources, while protecting the proceduralistic values of Madisonian democracy
Administration and Curricula of the Introductory Graduate Music Research Course
No full textThe 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
No full textThe 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
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