1,721,011 research outputs found
Dilemmas of legal interpretation : religious freedom, anti-discrimination, free speech, and state interests
No full textThe sociocultural conflict between religious individuals/organizations and members of the LGBTQ community has raised significant concerns in American jurisprudence. Accordingly, the legal dilemma between religious freedom and anti-discrimination rights has become more apparent in this age of diversity and political polarization. Moreover, in the American culture of Jurismania where people look to law and doctrinal technicalities to resolve all kinds of sociocultural conflict, the broader tension between religion and secularism has emerged as a pressing concern for the judiciary.
In response, this research explores the conceptual gaps and inconsistencies involved in the legal controversy between religious freedom and anti-discrimination rights, offering close readings of the selected Supreme Court cases from the following areas of jurisprudence: free exercise, the Fourteenth Amendment, and free speech. Taking close reading as the primary method of research, it aims to identify the major legal principles involved, to demonstrate how the U.S. Supreme Court has conceptualized these principles overtime, to determine the chosen mode of legal interpretation, and to evaluate the validity of the Court’s understanding.
Based on the analysis of the key areas of jurisprudence, this thesis highlights the complexity of constitutional interpretation, which confronts dilemmas and controversies of a fundamentally sociopolitical and ideological nature, in contrast to statutory interpretation. Moreover, it highlights the paradoxical nature of religious liberty as a constitutional principle, which appears to further complicate the underlying tension between religion and secularism as philosophical entities entangled within law. Through a chronological overview of the key areas of jurisprudence, this thesis also demonstrates how the Supreme Court’s conceptualization of constitutional principles has shifted over time, depending on its overall political leaning, and offers a reconsideration of the judiciary as a branch of government.published_or_final_versionEnglishMasterMaster of Philosoph
Contestations and affirmations of international law in the narratives of the Philippine communist insurgency
No full textThis study examines the complex traffic between international law and literature in civil war narratives from the Philippine communist insurgency. It contends that these civil war narratives reveal ways of interrogating the limitations of international law, which is envisioned as a shield against lawless violence and as an alternative recourse to rebellion against tyranny. The narratives make international law legible in the representations of peoples’ experience of violence in the civil war and question human rights’ loss of constituent power, children’s rights’ paternalistic utopia, humanitarian law’s tragic ambivalence to the category of spies, and the indigenous peoples’ tamed right to self-determination. Moreover, the civil war narratives suggest a reclamation of constituent power through the exercise of non-juridical rights while affirming international human rights law’s protection of the integrity of human bodies. They also affirm the taming of indigenous peoples’ right to self-determination even as the narratives represent a utopia that stands opposed to international law’s own utopian vision. The study concludes that the civil war narratives from the Philippine communist insurgency reveal a complex engagement between literature and international law that include narrative contestations and affirmations of international legal visions, while expressing a consistent hope to overcome the limits of international law.published_or_final_versionLawDoctoralDoctor of Philosoph
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Get PDFWe 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
Law and New Media: West of Everything
No full textIn this volume, international specialists from new and established domains of law, media, film and virtual studies address the emergence of the jurist in the era of digital transmission. Examining the jurisprudence of new visual technologies--from the cinema of the early twentieth century to the social media of our own time--this volume explores the multiple intersections of these visual technologies and the law from the theoretical insight they generate to the nature of law to the impact they have on doctrinal development. Part One tracks the media, the technologies and apparatuses of modern law. It looks specifically at the acoustics of architecture, emblematic texts, films of trials, the prohibition of cameras in courtrooms and the rules of contempt, televised reporting of law, and the multiple fora and chat rooms of Facebook, vblogs, #law and the mobile-optimised web. Part Two examines the jurisprudential questions raised by new visual and virtual reality technologies of the 21st century. Will social media lead to social law? The force of legal remediation? Virtual courts and online judges? Paperless trials? Electronic discovery? All of these developments impact how we conceive of the practice of la
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe 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
- …
