The Learning of Liberty

American schools are in a state of crisis.At the root of our current perplexity, beneath the difficulties with funding, social problems, and low test scores, festers a serious uncertainty as to what the focus and goals of education should be. We are increasingly haunted by the suspicion that our educational theories and institutions have lost sight of the need to perpetuate a core of moral and civic knowledge that is essential for any citizen's education, and indeed for any individual's happiness. Mining the Founders' rich reflections on education, the Pangles suggest, can help us recover a clearer sense of perspective and purpose.With a commanding knowledge of the history of political philosophy, the authors illustrate how the Founders both drew upon and transformed the ideas of earlier philosophers of education such as Plato, Xenophon, Milton, Bacon, and Locke. They trace the emergence of a new American ideal of public education that puts civic instruction at its core to sustain a high quality of leadership and public discourse while producing resourceful, selfreliant members of a uniquely fluid society. The Pangles also explore the wisdom and the weaknesses inherent in Jefferson's attempt to create a comprehensive system of schooling that would educate parents and children and offer unprecedented freedom of choice to university students. An original closing section examines the Founders' ideas for bringing all aspects of society to bear on education. It also shows how Washington, Jefferson, and Franklin presented their own lives as models for the education of others and analyzes the subtle, provocative moral philosophy implicit in the selfdepiction of each.The Learning of Liberty is historical and scholarly yet relentlessly practical, seeking from the Founders useful insights into the human soul and the character of good education. Even if the Founders do not provide us with readymade solutions to many of our problems, the Pangles suggest, a study of their writings can give us a more realistic perspective, by teaching that our bewilderment is in some measure an outgrowth of unresolved tensions embedded in the Founders' own conceptions of republicanism, religion, education, and human nature

Preface

The University of Richmond Law Review is proud to present the thirty-fourth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has striven to provide a comprehensive resource detailing recent legislative, judicial, and administrative changes in Virginia. Today, the Annual Survey is the most widely read publication of the University of Richmond Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth. In continuing the Annual Survey tradition, we have selected pieces we believe are timely, compelling, and useful to staying informed of relevant legal and social issues

A Modern Reconceptualization of Copyrights as Public Rights

Copyright law is at a crossroads. In the wake of Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, the patent, copyright, and intellectual property regimes as a whole, are primed for a modern reconceptualization. At the heart of this reconceptualization is the distinction between public rights, those vindicated by public offices for the public good, and private rights, those vindicated by private citizens for their exclusive government-granted monopolies. Thanks to Oil States, patent rights now exist in two separate bundles-—a public bundle including the patent grant itself and a private bundle consisting of a patent owner’s exclusivity rights. Similar to patents, copyrights exist between a nuanced and delicate tug of war between creator incentive and public benefit. Necessarily, Congress continually legislates around potential market failures that threaten to thwart that delicate balance to keep both creators incentivized to create and the public able to access those creations. Reshaping the current copyright regime into two separate bundles would help Congress continue their market-correcting efforts. Just as with patents, a private bundle would include a copyright owner’s exclusivity rights. However, in addition to copyright grants, copyright’s public bundle of rights would also include conceptualizing copyrights as public rights under the Takings Clause of the Fifth Amendment. While seemingly chipping away at a copyright holder’s exclusive rights over their creative monopoly, conceptualizing copyrights as public rights under the Takings Clause ensures that copyright holders see guaranteed economic incentives to create while allowing the public to access those creations at the copyright holder’s discretion

Particle tracer transport in a sloping soil lysimeter under periodic, steady state conditions

Colloid transport through complex and dynamic (i.e. non-steady-state) hydrologic systems is rarely studied, owing to the difficulty of constraining initial and boundary conditions and quantifying colloid-porous media and colloid-colloid interactions in transient flow systems. Here we present a particle tracer experiment conducted on a sloped lysimeter receiving periodic rainfall events for 10 days. Four unique, DNA-labelled particle tracers were injected both in sequence and in parallel, together with a conservative tracer (deuterium), over the course of the first day and allowed to move through the system. Discharge-particle tracer concentration curves and the spatial distribution of particle tracer mass retained in the soil at the end of the experiment were found to be highly dependent on the timing of the tracer injection and the precipitation input and subsequent dynamic response of the water table. Overall, neglecting the total DLT recovery rate, the DLT particle tracer breakthrough trend (DNA-labelled particle tracer 4) was similar to deuterium and decreased over time with the exception of a few peaks later in the experiment. The individual particle tracer breakthrough curves suggest a complex system with different fast transport mechanisms (e.g. capillary barrier and size exclusion effect) and slow retention-release mechanisms (e.g. straining, physical-chemical adsorption), which resulted in particle tracers transferring faster than deuterium in the first 10 h of the experiment but being exceeded by deuterium soon after deuterium started to break through. The experiment not only highlights the interaction of repeated colloidal pollution events in hydrologic systems with different pre-event saturation conditions, but also the benefits of using multiple synchronous or sequential tracer applications to dissect explicit formulations of water flow and colloid transport processes in complex and dynamic hydrological systems. Such explicit process formulations could help improve understanding hydrologically-controlled transport through catchments and the quantitative prediction of these processes with water quality models

Friendship as a Political Concept: A Groundwork for Analysis

What kind of a concept is friendship, and what is its connection to politics? Critics sometimes claim that friendship does not have a role to play in the study of politics. Such objections misconstrue the nature of the concept of friendship and its relation to politics. In response, this article proposes three approaches to understanding the concept of friendship: (1) as a ‘family resemblance’ concept, (2) as an instance of an ‘essentially contested’ concept, and (3) as a concept indicating a problématique. The article thus responds to the dismissal of friendship by undertaking the groundwork for understanding what kind of a concept friendship might be, and how it might serve different purposes. In doing so, it opens the way for understanding friendship’s relation to politics

Leo Strauss and International Relations: The politics of modernity's abyss

This article argues that an engagement with the political philosophy of Leo Strauss is of considerable value in International Relations (IR), in relation to the study of both recent US foreign policy and contemporary IR theory. The question of Straussian activities within and close to the foreign policy-making establishment in the United States during the period leading up to the 2003 invasion of Iraq has been the focus of significant scholarly and popular attention in recent years. This article makes the case that several individuals influenced by Strauss exercised considerable influence in the fields of intelligence production, the media and think tanks, and traces the ways in which elements of Strauss’ thought are discernible in their interventions in these spheres. It further argues that Strauss’ political philosophy is of broader significance for IR insofar as it can be read as a securitising response to the dangers he associated with the foundationlessness of the modern condition. The article demonstrates that the politics of this response are of crucial importance for contemporary debates between traditional and critical IR theorists

Phenotypic Plasticity Opposes Species Invasions by Altering Fitness Surface

Understanding species invasion is a central problem in ecology because invasions of exotic species severely impact ecosystems, and because invasions underlie fundamental ecological processes. However, the influence on invasions of phenotypic plasticity, a key component of many species interactions, is unknown. We present a model in which phenotypic plasticity of a resident species increases its ability to oppose invaders, and plasticity of an invader increases its ability to displace residents. Whereas these effects are expected due to increased fitness associated with phenotypic plasticity, the model additionally reveals a new and unforeseen mechanism by which plasticity affects invasions: phenotypic plasticity increases the steepness of the fitness surface, thereby making invasion more difficult, even by phenotypically plastic invaders. Our results should apply to phenotypically plastic responses to any fluctuating environmental factors including predation risk, and to other factors that affect the fitness surface such as the generalism of predators. We extend the results to competition, and argue that phenotypic plasticity's effect on the fitness surface will destabilize coexistence at local scales, but stabilize coexistence at regional scales. Our study emphasizes the need to incorporate variable interaction strengths due to phenotypic plasticity into invasion biology and ecological theory on competition and coexistence in fragmented landscapes