1,757 research outputs found

    Search Engines, Social Media, and the Editorial Analogy

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    Deconstructing the “editorial analogy,” and analogical reasoning more generally, in First Amendment litigation involving powerful tech companies

    Using Fruit to Teach Analogy

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    Proportional Equality: Readings of Romer

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    One of the great enigmas of equal protection law is Romer v. Evans. In finding sufficient power in the rational basis test to invalidate a state constitutional amendment enacted by popular vote, the Supreme Court left legal scholars in its doctrinal dust, puzzled over the answers to multiple questions. Was this a new rational basis test? If so, how could one know when to apply it? Had the standard of review for state acts adversely affecting lesbian, gay and bisexual Americans changed? If so, to what? Had Bowers v. Hardwick been overruled? If so, why

    Useful Products in Information Systems Theorizing: A Discursive Formation Perspective

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    Although there is a growing understanding of theory building in the information systems (IS) field, what constitutes IS theory remains the subject of intense debate. Following Weick recommendation to focus on the products of theorizing rather than on what theories are, we assemble and analyze 12 products (question, paradigm, law, framework, myth, analogy, metaphor, model, concept, construct, statement, and hypothesis) that are rarely discussed together in any depth in the IS field and combine them into a coherent theorizing framework. Drawing on Foucault thesis of discursive formation we characterize the unique role of each product in IS theorizing and illustrate the usefulness of the framework in relation to both classical IS theorizing in the form of media richness theory as well as next-generation theorizing

    Problems in Argument Analysis and Evaluation

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    We are pleased to publish this WSIA edition of Trudy’s Govier’s seminal volume, Problems in Argument Analysis and Evaluation. Originally published in 1987 by Foris Publications, this was a pioneering work that played a major role in establishing argumentation theory as a discipline. Today, it is as relevant to the field as when it first appeared, with discussions of questions and issues that remain central to the study of argument. It has defined the main approaches to many of those issues and guided the ways in which we might respond to them. From this foundation, it sets the stage for further investigations and emerging research. This is a second edition of the book that is corrected and updated by the author, with new prefaces to each chapter

    Influence of the Universities on Judicial Decision

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    Political Philosophy's Methodological Moment and the Rise of Public Political Philosophy

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    Political philosophy is having a methodological moment. Driven by long-standing frustrations at the fragmentation of our field, as well as recent urges to become more engaged with the ‘real’ world, there is now a boom in debates concerning the ‘true’ nature of our vocation. Yet how can this new work avoid simply recycling old rivalries under new labels? The key is to turn all this so-called methodological interest into a genuinely new programme of ‘methodology’, defined here as the careful identification and evaluation of all the different methods of reasoning available to us as political philosophers. This programme would clarify, for the first time, all the many ways in which we might argue with one another, thus making us less likely to talk past each another, and more likely to work fruitfully together
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