3,771 research outputs found

    Formulaic Deliberation

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    Formulaic Deliberation describes the major interpretive regimes--textualism, intentionalism, purposivism, and pragmatism—and represents them formulaically. By classifying them this way, it more precisely describes them as theories, so that we can more precisely perform them as deliberative techniques. And, if we agree that none of them, individually, fits all cases at all times, we can formulaically describe how to synthesize them toward a discrete decision. William Eskridge, Stanley Fish, Hon. Antonin Scalia, Richard Posner, Ronald Dworkin, John Hart Ely, Adrian Vermeule, Hon. Stephen Breyer, Cass Sunstein, Lawrence Lessig. All of them are right, their method for deciding cases produces benefits with regard to justice, predictability and democratic legitimacy. All of them are wrong, their method for deciding cases produces costs with respect to the same set of ideals. But what they really have in common is the acceptance of text, intent, and foreseeable consequences as functions to be considered in determining what the law “is.” Thus, in my opinion, the best way to teach law begins with a neo-Langdellian case method, one deducing not only legal rules and their hierarchies but also the prioritization and harmonization of important social agreements supporting federal appellate decisions. In other words, let us examine cases not just for the rule synthesis, but also for the dicta identifying which of our vast social agreements were at play

    THE INFLUENCE OF CONTEXT ON AFRICAN AMERICAN POLITICAL PARTICIPATION AND PARTISANSHIP

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    What explains the intensity of African American partisan attraction to the Democratic Party? This dissertation investigates how environmental or contextually based theory informs our understanding of partisan affiliation and political mobilization in general and specifically for African Americans. The dissertation research focuses on the extent to which geographic context at the neighborhood level influences the strength of black partisan attachment. I hypothesize that interactions at the neighborhood level affect African American partisanship; specifically, the racial composition of neighborhoods affects the strength of Democratic affiliation. The data used in this study is based on survey data of individuals residing in concentrated and non-concentrated African American neighborhoods collected in three successive waves during the 1996 presidential election in St. Louis City, St. Louis County, Indianapolis, and Marion County, Indiana. Using ordered logit regression, the findings indicate that respondents showed a predicted probability of strong Democratic affiliation in neighborhoods of concentrated and sparse black populations. However, in racially diverse populations, the respondents showed decreased levels of strong Democratic affiliation. Overall, the empirical findings support the hypothesized curvilinear effect of the racial composition of neighborhoods on the strength of African American Democratic Party affiliation

    Story of Robert Giardinelli

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    In this article, Mr. Smith, not only traces the life and success of Robert Giardinelli, but provides an interesting historical review of brass instruments in music in New York beginning at the end of the eighteenth century. The focus of the article is Robert Giardinelli, who established his first music shop in the low rent district of the Bronx in 1946, and in less than ten years grew into what Smith describes as the most expansive combination of brass mouthpiece manufactory, discount retail music store, and custom repair shop for wind instruments that had ever been created. But this is also a story of Robert Giardinelli, who was also a chartered accountant and used his accounting knowledge for success in business

    Prospectus, September 27, 2000

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    https://spark.parkland.edu/prospectus_2000/1024/thumbnail.jp

    Prospectus, September 13, 2000

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    https://spark.parkland.edu/prospectus_2000/1022/thumbnail.jp

    Reconciling Epidemiology and Social Justice in the Public Health Discourse Around the Sexual Networks of Black Men Who Have Sex With Men

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    Several studies have implicated the sexual networks of Black men who have sex with men (MSM) as facilitating disproportionally high rates of new HIV infections within this community. Although structural disparities place these networks at heightened risk for infection, HIV prevention science continues to describe networks as the cause for HIV disparities, rather than an effect of structures that pattern infection. We explore the historical relationship between public health and Black MSM, arguing that the current articulation of Black MSM networks is too often incomplete and counterproductive. Public health can offer a counternarrative that reconciles epidemiology with the social justice that informs our discipline, and that is required for an effective response to the epidemic among Black MSM
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