National Juries for National Cases: Preserving Citizen Participation in Large-Scale Litigation

Procedural evolution in complex litigation seems to have left the civil jury behind. Reliance on aggregating devices, such as multidistrict litigation and class actions, as well as settlement pressure created by “bellwether” cases, has resulted in cases of national scope being tried by local juries. Local juries thus have the potential to impose their values on the rest of the country. This trend motivates parties to forum-shop, and some commentators suggest eliminating jury trials in complex cases altogether. Yet the jury is at the heart of our uniquely American understanding of civil justice, and the Seventh Amendment mandates its use in federal cases. This Article makes a bold proposal to align the jury assembly mechanism with the scope of the litigation: In cases of national scope, juries would be assembled from a national pool. This proposal would eliminate incentives for parties to forum-shop, and it would make the decisionmaking body representative of the population that will feel the effects of its decision. The Article argues that we would see greater legitimacy for decisions rendered by a national jury in national cases. Moreover, it argues that geographic diversification of the jury would enhance the quality of decisionmaking. Finally, national juries would preserve the functional and constitutional values of citizen participation in the civil justice system

Artemis: Depictions of Form and Femininity in Sculpture

Grecian sculpture has been the subject of investigation for centuries. More recently, however, emphasis in the field of Art History on the politics of gender and sexuality portrayal have opened new avenues for investigation of those old statues. In depicting gender, Ancient Greek statuary can veer towards the non-binary, with the most striking examples being works depicting Hermaphroditos and ‘his’ bodily form. Yet even within the binary, there are complications. Depictions of the goddess Artemis are chief among these complications of the binary, with even more contradiction, subtext, and varied interpretation than representations of Amazons. The numerous ways Artemis has been portrayed over the years highlight her multifarious aspects, but often paint a contradictory portrait of her femininity. Is she the wild mother? The asexual huntress? Or is she a tempting virgin, whose purity is at risk? Depictions of her in sculptural form, deliberately composed, offer answers. Though as separate depictions they sometimes contradict one another, as a whole, they reveal just how Artemis the female was thought of

Experience, Emotion, and Emoting: Jack Peirs and the Aftermath of Loos

An investigation into the personal letters of one man on the Western Front, this paper seeks to uncover some of the complexities of emotion and emoting within British societal narratives of the First World War. Conceptions of masculinity and stoicism imposed limitations on soldierly expression, forcing them to abide by preordained \u27scripts\u27 to continually qualify as men. The difficulty lay in finding ways to cope emotionally with their surroundings while still playing their \u27roles\u27. By looking closely at the words and coping mechanisms of one man, Lieutenant-Colonel H.J.C. Peirs, in the aftermath of the Battle of Loos, this paper attempts to frame the emotive techniques of soldiers struggling to find peace within while remaining a \u27man\u27 without

Paintings of War, Museums of Memory

This paper examines the artists sent to the Western Front under Britain’s official war artists initiative. The government sought to utilize artwork for propagandistic purposes, and to foster emotional connection between civilian and soldier. However, the growth of the initiative to include some ninety artists complicated this. The experiences of the artists and the truths revealed to them by the conflict were vastly different, and examination of them as a whole does little to elucidate the character of the war itself. What this paper seeks to do, therefore, is examine three artists - Sir William Orpen, Lieutenant Paul Nash, and C.R.W. Nevinson – as individuals. In moving away from aggregated narratives and comparing this small group, the importance of subjectivity in memory and representation becomes clear. By returning individuality to a crowded, multitudinous narrative, war can be seen as it truly is: a unique experience for all involved

Captive Body, Free Mind: Euphrosinia Kersnovskaia, the Gulag, and Art Under Oppression

This paper examines the art of Euphrosinia Kersnovskaia (1907-1994) as it relates to both the larger experience and narrative of the Soviet Gulag and to the survival of the artist. Larger trends of art made under oppression are used to find reason for such seemingly insignificant acts, and art therapy frameworks provide analytical bases for approach. By looking at such deeply subjective forms of memory and its transcription, individuality and humanity is returned to an inhuman penal system

Blue-and-White Wonder: Ming Dynasty Porcelain Plate

This authentic Ming Dynasty (1368-1644) plate is a prime example of early export porcelain, a luminous substance that enthralled European collectors. The generous gift of Joyce P. Bishop in honor of her daughter, Kimberly Bishop Connors, Ming Dynasty Blue-and-White Plate is on loan from the Reeves Collection at Washington and Lee University in Lexington, Virginia. The plate itself is approximately 7.75 inches (20 cm) in diameter, and appears much deeper from the bottom than it does from the top. Gradually sloping forms are what make the dish so deceptively shallow. In fact, from the reverse, it appears closer in shape to a soup-plate. The lip of the bowl is shaped in a barbed pattern, with gentle waves and peaks creating a textured edge. The whole of the plate is evenly shaped, indicating it was shaped on a potter’s wheel and not by hand. [excerpt

Trees and the dynamics of polynomials

The basin of infinity of a polynomial map f : {\bf C} \arrow {\bf C} carries a natural foliation and a flat metric with singularities, making it into a metrized Riemann surface $X(f)$. As $f$ diverges in the moduli space of polynomials, the surface $X(f)$ collapses along its foliation to yield a metrized simplicial tree $(T,\eta)$, with limiting dynamics F : T \arrow T. In this paper we characterize the trees that arise as limits, and show they provide a natural boundary \PT_d compactifying the moduli space of polynomials of degree $d$. We show that $(T,\eta,F)$ records the limiting behavior of multipliers at periodic points, and that any divergent meromorphic family of polynomials \{f_t(z) : t \mem \Delta^* \} can be completed by a unique tree at its central fiber. Finally we show that in the cubic case, the boundary of moduli space \PT_3 is itself a tree. The metrized trees $(T,\eta,F)$ provide a counterpart, in the setting of iterated rational maps, to the ${\bf R}$-trees that arise as limits of hyperbolic manifolds.Comment: 60 page

Close kin influences on fertility behavior

Family members are uniquely situated to influence the decision-making of their kin in nearly every facet of life. We examine the importance of social interactions in fertility outcomes by assessing family members’ scope of influence on their fellow kin’s fertility behavior. With the unique KASS genealogical dataset from eight countries in Europe, we study the effects of family members’ fertility outcomes on individual fertility to assess the presence and the extent of inter-generational transmission of fertility behaviors and siblings’ influences on fertility outcomes. We find only limited evidence of the inter-generational transmission of fertility behaviors, but a relatively important effect of siblings for individual fertility. Rather than parents, siblings’ influences appear to constitute the largest share of familial influences on fertility outcomes. We also find that among siblings, women’s fertility is more subject to the influences of their sisters. These findings indicate the relative importance of close kin influences on individual fertility and demonstrate the consequences of family structure for fertility change.Europe, family demography, family size, fertility, kinship, sisters