A Defense of the Exclusionary Rule

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement\u27s hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct that is below the line of a constitutional violation

A Defense of the Exclusionary Rule

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement\u27s hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct that is below the line of a constitutional violation

Affecting Manhood: Masculinity, Effeminacy, and the Fop Figure in Early Modern English Drama

This project identifies and analyzes the fop figure in early modern English drama and treats the figure as a vehicle that reveals the instability of conceptions of masculinity in the period. This project establishes a theatrical history of the character type. Although the fop did not emerge on the English stage as a stock character until late in the seventeenth century, antecedents and proto-fops appear across dramatic genres beginning in the late 1580s. Identifying these characters and deciphering their functions in plot and character development reveals, in part, how cultural anxieties about masculine codes of conduct were manifested. The project examines the spaces foppish characters occupied on stage between 1587 and 1615, specifically, the court, the battlefield, the academy, and the city. It argues that a man risks becoming a fop if he fails to adhere to codes that governed masculine conduct in these spaces. Affecting Manhood argues that foppishness was quite prevalent on the early modern English stage, showing up in the works of Shakespeare, Marlowe, Jonson, Middleton, Chapman, Marston, Peele, and Fletcher among others. Chapter One traces courtier fops in that appear in staged court spaces as figures that reveal cracks in the social and political facade of the court as an institution. Chapter Two focuses on soldier fops and posits that excessiveness, an intrinsic characteristic of early modern fops, is also a major tenet of martial forms of masculinity, and so blurs the line between successful soldier and an effeminate fop. Chapter Three looks at the tradition of scholar fops within staged academies of learning to show the link between homosociality, homoeroticism, and effeminacy. Chapter Four turns to urban young men and the fops among them, claiming that foppishness and its accompanying effeminacies are constructed via the excessive use of particularly urban materials, such as clothing and young boys. Taken together, these specific fop figures become a critical lens for examining the shifting ideas about power and gender in early modern England

The Making of Englishmen

Making the Englishmen: Debates on National Identity 1550-1650 asks how Englishmen defined themselves at a time of profound change and uncertainty. It will seek to contextualise the ways in which Englishness came to be construed as free, plain and unCatholic, and situate this construction as part of a larger attempt to create a narrative which would distinguish them from the rest of Europe. But all such attempts were fraught with anxiety and contestation. The normative ideals of Englishness were constantly being undermined, affronted and ignored. In the disarray characteristic of the post-Reformation era, there were constant fears that the Englishman was becoming both slavish and treacherous in political, cultural and religious ways. Englishness was under threat

The Mosaic Theory, National Security, and the Freedom of Information Act

This Note documents the evolution of the mosaic theory in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and of judicial deference. Though essentially valid, the mosaic theory has been applied in ways that are unfalsifiable, in tension with the text and purpose of FOIA, and susceptible to abuse and overbreadth. This Note therefore argues, against precedent, for greater judicial scrutiny of mosaic theory claims

Representations of ancient Cynicism in French texts, 1546-1615

This thesis traces prima facie references to ancient Cynicism in a wide range of French texts from the mid-sixteenth to the early-seventeenth century. Cynicism, a popular philosophical movement in antiquity, was transmitted through a diverse tradition of sayings and anecdotes. The tradition presents the Cynics, and particularly Diogenes of Sinope, turning their lives into humorous and scandalous philosophical performances. By focusing on prima facie representations of Cynicism, I show how early modern writers understood and used Cynic performance for their own purposes. Part I of the thesis is devoted to early modern repositories of Cynicism. I establish the nature and availability of ancient and Medieval sources, and how they are used in neo-Latin and vernacular collections of sayings, miscellanies and encyclopedias. Adaptation and invention of Cynic sayings in collections show how the Cynic tradition encourages improvisation. The discursive treatment of miscellanies illustrates the diverse associations of Cynicism, from idealized, Christian portrayals to titillating discussion of Cynic public sex. Part II concentrates on more developed and playful use of Cynicism. Rabelais uses Cynicism, notably in the prologue of the Tiers Livre, to identify his work with carnival, and to raise the question of the writer's role in society. Paradoxes exploit Cynic performance, which is eminently paradoxical and thereby serves to reveal the scope of early modern paradoxes. The key Cynic practices of shamelessness and freedom of speech are used by early modern authors to raise shocking questions about morality and the body, and to articulate opposition to the status quo. Cynicism stands for a radically free and humorous way of life, which is used by early modern writers to raise strange ideas in seriocomic ways. This thesis fills a gap in intellectual and literary history by providing readings of a large number of little-known texts which allow for new perspectives upon canonical works

Encyclopedia of Medieval Royal Iconography

Encyclopedia of Medieval Royal Iconography” sets out to be the first extensive collection of data on royal iconography from the Middles Ages (476–1492). In particular, it aims to collect entries about the most important rulers or dynasties that reigned during this period, from the Iberian Peninsula to Levant and from the Scandinavian Peninsula to the Mediterranean Sea. Specifically, “Encyclopedia of Medieval Royal Iconography” focuses on royal official images (namely, those representations that were commissioned at the behest of the ruler) and analyses them not only from an iconographic (namely, ‘static’) point of view but also as parts of a more general political communicative strategy (namely, in a ‘dynamic’ way) in order to better clarify their social functions and, consequently, their iconographic meanings. Thanks to this approach, “Encyclopedia of Medieval Royal Iconography” aims to offer a substantial overview on matters of medieval regal iconography and to be a useful tool for scholars who use royal images for their research