Dworkin's “Originalism”: The Role of Intentions in Constitutional Interpretation

2000 ◽  
Vol 62 (2) ◽  
pp. 197-229 ◽  
Author(s):  
Keith E. Whittington

Ronald Dworkin's effort to distinguish multiple layers of “intention” that are embedded in the constitutional text has been taken as a substantial critique of traditional originalist jurisprudence. Dworkin has strongly argued that the constitutional text embodies abstract principles. These principles are understood to be both fundamental to the Founders' intentions and the primary focus of correct constitutional interpretation faithful to those intentions. This article argues that Dworkin's reconceptualization of originalism is theoretically flawed. Although there may be normative reasons for preferring that the judiciary always enforce broad constitutional principles, such a jurisprudence cannot be understood as either consistent with or required by an originalist interpretative method whose primary commitment is to fidelity to founding intent.

2016 ◽  
Vol 32 (2) ◽  
pp. 17-38 ◽  
Author(s):  
Kenneth J. Smith ◽  
David J. Emerson

ABSTRACT Recently there has been much discourse regarding the existence, extent, causes, and consequences of a purported divide between accounting practice and academia. The crux of this issue relates to the charge that many new-generation faculty have a primary focus on academic research, but lack significant practical experience or certification, and the related claim that students may lack the requisite skills upon graduation. This study addresses these concerns by examining the incidence and trend in the possession of practice credentials, experience, and other activities among accounting faculty who graduated between 1994 and 2013. We evaluate how differences in institutional focus, possession of a practice credential, and proportion of credentialed faculty manifest in research propensities, current business experience, and student performance on the CPA exam. We identify a downward trend in practice credential possession that is more pronounced at research-oriented institutions. We further find significant differences in experience and publication activity across levels of both institutional focus and possession of a practice credential. We also find that students from research-oriented universities, schools with separate AACSB accounting accreditation, and those with a higher percentage credentialed faculty perform better on the CPA exam. Other results and the role of adjunct faculty in bridging this alleged divide are also examined.


2021 ◽  
pp. 088832542095081
Author(s):  
Virág Molnár

This article belongs to the special cluster, “National, European, Transnational: Far-right activism in the 20th and 21st centuries”, guest edited by Agnieszka Pasieka. Research on populism attributes great significance to mapping the distinctive discursive logic of populist reasoning (e.g., the trope of pitting corrupt elites against the people). This article aims to move beyond the primary focus on discursive structures to stress the role of symbols, objects, and different modalities of circulation in the political communication of populist ideas, using the case of Hungary. By tracing the history of one of the key symbols of nationalist populism—the image of “Greater Hungary”—from its emergence in the interwar period to its present-day use, the article shows how the meanings and material forms this symbol assumed in political communication that evolved under different political regimes. The analysis builds on extensive archival, ethnographic, and online data to highlight how the diversity of material forms and the conduits through which this image circulated have contributed to its endurance as a key political symbol. Symbols, like the Greater Hungary image, condense complex historical narratives into a powerful sign that can be easily objectified, reproduced, and diffused. Today’s differentiated consumer markets provide convenient conduits for this kind of material circulation. These symbols carry meaning in and of themselves as signs, and once they are turned into everyday objects, they facilitate the normalization of radical politics by increasing their salience and broad visibility.


2021 ◽  
pp. 540-554
Author(s):  
Tegan Bristow ◽  
João Orecchia Zúñiga

This chapter presents an examination of why—in contemporary Africa, with Southern Africa as the primary focus—there are very few artists working with sound in a manner that fits the paradigm of sound art as it is known in Euro-America. Emphasis is not placed on a lack of intellectual engagement, which is significant in the Euro-American definition of sound art. What is presented does not aim to deviate from this, but rather acts to affirm an engagement with alternative forms of knowledge and mechanisms of sound found in the South. Three areas are explored; these however are interlinked and do not stand alone. The first is an understanding of the practice of interdisciplinarity as political engagement. The second explores the role of community and communal interaction with sound and how this is fundamental to form in the region. The third extends this by showing how the histories of knowledge and power are fundamental to these explorations in the region, emphasizing how contemporary explorations of sound are used to both contain and shift these histories. The chapter takes shape with the use of case studies and draws on interviews conducted by the authors.


2020 ◽  
Vol 4 (2) ◽  
pp. 97-110
Author(s):  
Peter T. Ellison

Abstract The nervous system and the endocrine system interact to integrate behavior and physiology. Hormones play an important role in this interaction, particularly steroid hormones. Other molecules, notably oxytocin, can serve both as hormones in the soma and neuromodulators in the central nervous system. Understanding the influence of the endocrine system on human behavior, both individual and social, has been a primary focus of behavioral endocrinology for many decades, though technical and methodological challenges have been formidable. The recent enthusiasm for enzyme-linked immunoassay kits for measuring steroid hormones in saliva has been found to be largely unsound, for example. Despite these difficulties, advances in many areas have been made and new areas, such as the endocrinology of paternal behavior and the role of oxytocin in social interactions, have emerged. Reproductive ecology provides a theoretical framework for integrating the diverse content of human behavioral ecology.


2021 ◽  
Vol 22 (20) ◽  
pp. 11264
Author(s):  
Špela Gruden ◽  
Nataša Poklar Ulrih

Lactoferrins are an iron-binding glycoprotein that have important protective roles in the mammalian body through their numerous functions, which include antimicrobial, antitumor, anti-inflammatory, immunomodulatory, and antioxidant activities. Among these, their antimicrobial activity has been the most studied, although the mechanism behind antimicrobial activities remains to be elucidated. Thirty years ago, the first lactoferrin-derived peptide was isolated and showed higher antimicrobial activity than the native lactoferrin lactoferricin. Since then, numerous studies have investigated the antimicrobial potencies of lactoferrins, lactoferricins, and other lactoferrin-derived peptides to better understand their antimicrobial activities at the molecular level. This review defines the current antibacterial, antiviral, antifungal, and antiparasitic activities of lactoferrins, lactoferricins, and lactoferrin-derived peptides. The primary focus is on their different mechanisms of activity against bacteria, viruses, fungi, and parasites. The role of their structure, amino-acid composition, conformation, charge, hydrophobicity, and other factors that affect their mechanisms of antimicrobial activity are also reviewed.


Author(s):  
John Rothgerber

This chapter will provide the language teacher with an introduction to the theory behind the challenges and problems that learners from a variety of language backgrounds face as they learn to pronounce the sounds of English. The primary focus will be on the influence of the first language in second language phonological acquisition. This will include an overview of the role of perception of non-native sounds, as well as a consideration of phonological representation in the mental lexicon and articulatory constraints, all of which can have an effect on difficulties that learners encounter as they learn to pronounce English sounds. Attention will be given to the various components that make up the phonological system, including segmentals, suprasegmentals, phonotactics, and phonological processes. This theoretical understanding will then be applied to pronunciation instruction within the classroom by addressing what teachers can do to maximize the effectiveness of instruction.


Author(s):  
Marlene M. Mendoza-Macías

The world is facing multiple changes and challenges; the environment shows inequalities, poverty, and corruption. Ecuador is not the exception. The man is declared the primary focus of the Ecuadorian Constitution to meet such changes. The objective of decreasing poverty, improving wealth distribution, and contributing to sustainable human development is unavoidable. In that context, the university has the pivotal role in generating interaction with society and its reality, to train professionals social and humanly responsible towards such facts, to promote the social management of knowledge from different action fields. The goal of this chapter is to specify the role of higher education institutions (HEIs) in a society where they take part, to draw up social responsibility of universities in Guayaquil and the challenges they face, as well as actions that contribute to the eradication of corruption and greater wellbeing of the society.


Author(s):  
Filipa M. Ribeiro

Networks function as an appropriate device to explore the processes of creation and adoption of knowledge by academics in higher education institutions (HEIs), and how it can be operationalized with the concept of epistemic authority and the analysis of knowledge networks. The claim that underlies this chapter is that emergent processes of knowledge creation—in terms of epistemic states—are highly shaped by the social and knowledge networks in which academics are engaged. The primary focus of this approach to knowledge networks will be on knowledge creation. Thus, instead of focusing on the vehicles of distribution of knowledge and scientific outputs, the emphasis will be on the role of knowledge networks – seen as epistemic conduits.


Author(s):  
Deepti Rani ◽  
Anju Sangwan ◽  
Anupma Sangwan ◽  
Tajinder Singh

With the enormous growth of sensor networks, information seeking from such networks has become an invaluable source of knowledge for various organizations to enhance the comprehension of people interests. Not only wireless sensor networks (WSNs) but its various classes also remain the hot topics of research. In this chapter, the primary focus is to understand the concept of sensor network in underwater scenario. Various mechanisms are used to recognize the activities underwater using sensor which examines the real-time events. With these features, a few challenges are also associated with sensor networks, which are addressed here. Machine learning (ML) techniques are the perfect key of success to resolve such issues due to their feasibility and adaption in complex problem environment. Therefore, various ML techniques have been explained to enhance the operational performance of WSNs, especially in underwater WSNs (UWSNs). The main objective of this chapter is to understand the concepts of UWSNs and role of ML to address the performance issues of UWSNs.


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