Constitutional “Attachment”: Identifying the Content of One’s Commitment

Author(s):  
Sanford Levinson

Chapter 3 considered the merits of loyalty oaths in general. It left unexamined an assumption of the debate about requiring such oaths—that they have some genuine content. This chapter examines that assumption: What exactly is one affirming when pledging loyalty to the Constitution or announcing one’s “constitutional faith”? It is possible that the national covenant is without content, or at least is unspecifiable? The chapter includes an intensive examination of one particular case requiring what might be termed as a “meta-analysis” of the Constitution. The subject matter of the case involves the meaning of the “attachment” to the Constitution required in order to become a naturalized citizen of the United States.

1927 ◽  
Vol 21 (2) ◽  
pp. 257-267
Author(s):  
Irvin Stewart

The reëstablishment of treaty relations with Germany seems to have afforded occasion for a new type of treaty incorporating new principles,restating old ones and generally rearranging the subject-matter considered.Provisions relating to consular privileges and immunities show the influence of this new consideration. The Treaty of Friendship, Commerce and Consular Rights with Germany has been followed by similar treaties with Estonia and Hungary. Ratification of a like treaty with Salvador has been advised and consented to by the United States Senate, but the exchange of ratifications has not yet been announced. A consular convention with Cuba follows the corresponding provisions in the treaties of friendship, commerce and consular rights so far as consular privileges and immunities are concerned. As press reports have indicated that similar treaties may be negotiated with other states, it is possible that there may be an extensive redefinition of consular privileges and immunities along the lines of the provisions of the recently published treaties. In the light of this possibility the contents of this part of the treaties are of great importance and an examination of them of present interest. As the Treaty of Friendship, Commerce and Consular Rights with Germany was the first of the series,the following discussion is based upon the provisions of that treaty, with attention being given to the more important departures in the later treaties.


2005 ◽  
Vol 8 (16) ◽  
pp. 199-218 ◽  
Author(s):  
Louis-Edmond Hamelin

The great advances that geomorphology has made in recent years make necessary a critical re-examination of the relationships between this science and the field of geography. Is geomorphology truly geographical ? And if not, how can it become so ? Geomorphology has its roots in geology and was, of course, not designed to meet the specific needs of geographers. Under the leadership of W. M. Davis, geographers eventually adopted the study of geomorphology but did Utile to adapt it to particular purposes of their discipline. Most geographers can never aspire to true excellence in geomorphology because of their generally inadequate training in the physical sciences. We have found that most geographers tend to fall into one of four groups : 1. Those who consider themselves to be geomorphologists (about one-fourth of all geographers) ; 2. Those who just try to be informed in geomorphology ; 3. Those who ignore the existence of geomorphology ; 4. The « complete » geographer who practices a « functional » geomorphology. It also appears that the majority of geographers do not consider land-man relations to be their principal field of interest. The definition that we as geographers give to geography tends to sanction the kind of geography that we are capable of doing. For example, the classical géographie globale, which is characterized by an explanatory description of a complex of physical and human eclectic elements, does not normally require either a « complete » or a genetic geomorphology ; also, complex techniques of geomorphological investigation are not essential. Of greater importance is a geomorphology'-which is functional to geography and which will help us to understand better man's distribution and activities on the surface of the earth. This partial or « functional » geomorphology has achieved its greatest development in France (as an integral part of géographie globale) and is practised by a large number of geographers. Géographie totale, an expression which refers more to the subject matter of this geography than to its methodology, is an ensemble of specialized yet inter-related disciplines (one of which is geomorphology). This pluralistic geography daims many more adherents than does géographie globale. Géographie totale allows us to study all aspects of what is now called geomorphology (but which may eventually be termed « cosmomorphology  »). This new geomorphology is based on geophysical laws and is strictly quantitative. It is an integral part of the physical sciences but this does not mean that it is automatically divorced from man. Scientists of both the United States and the U. S. S. R. are actively engaged in this new geomorphology. We believe that it would be mutually advantageous for both the « functional » and the « complete » geomorphologists to group themselves into a new international association. To achieve this end we urge that the structures of the international Geographical Union be modified or that an « International Association of Geomorphology » be founded.


Author(s):  
Michael Schillig

The Introduction provides a brief summary of the background for the reform legislation on recovery and resolution in the European Union and in the United States, with a particular focus on the ‘too-big-to-fail’ problem. It gives an overview of the content of the Bank Recovery and Resolution Directive, the Single Resolution Mechanisms for the eurozone, and the Orderly Liquidation Authority under the Dodd–Frank Act. It further seeks to provide some terminological and conceptual clarity as regards the subject matter of the book, notably with a view to delineating supervision, resolution, and corporate insolvency. The structure of the book is summarized in outline.


1930 ◽  
Vol 23 (5) ◽  
pp. 277-288
Author(s):  
William C. Bagley

An Outstanding feature of the present educational situation in the United States is the almost exclusive control of educational policies and programs in the lower schools by what I may call the "educational generalists." These comprise the professors of education in our universities, colleges, and teacher-training institutions, together with administrators, supervisors, and research-workers in the publicschool service. The latter groups, in ever increasing numbers, represen in their attitude toward educational problems the traditions and ideals of the professors of education who are increasingly responsible for their training; hence the professor of education, in the last analysis, is the controlling agent. With the growth of his influence, the subject- matter specialists - the scholars in the differentiated fields of knowledge-have a constantly diminishing influence in determining where our educational system will go and how it will get there.


2018 ◽  
Vol 19 (1) ◽  
pp. 28
Author(s):  
Kris Bronstad

This study looks at citations of archival material in a sample of 136 recently published scholarly historical monographs produced by a selection of highly cited university presses in the United States, with the goal of discovering patterns in scholarly user reportage of archival use. The study found that 68 percent of the titles referenced at least one archival collection, that archival collections housed at universities were used more often than other types of repositories, and that the amount and type of repositories did not in most cases vary based on the subject matter of the book. The study also revealed that less than 3 percent of all archival citations in the books examined were to digital collections. The findings could potentially provide a baseline by which further and more diverse archival use and users can be measured.


2018 ◽  
Vol 40 (2) ◽  
pp. 107-138 ◽  
Author(s):  
Magdalena Szuster

The article is an attempt to capture improvisational theater as a modern dynamic phenomenon through analyzing its features, definitions and traits in order to characterize the genre and to systematize the current state of knowledge on the subject matter. By comparing and contrasting various aspects and notions of impro(v) in Poland and the United States, the study not only looks at the theater of improvisation through the prism of the “relocation” of the form from its original grounds and implementing it in within a different tradition, but also shows the experimental flexibility of the genre within different cultural traditions and structures. Based largely on interviews with Polish and American improvisers alike, this article is an in-medias-res case study of the contemporary improvised theater in Poland and the USA.


2020 ◽  
Vol 54 (2) ◽  
pp. 635-649
Author(s):  
Vladimir Marjanski ◽  
Sandra Fišer-Šobot

Liability insurance for environmental damages has been existing in some European countries and in the United States for more than a hundred years. In the Republic of Serbia, however, this type of insurance is still quite underdeveloped. The subject matter of this paper is the analysis of, according to the authors' opinion, two most important issues of liability insurance for damages arising out of the harmful influence on the environment. The first question is who is capable of being an insured person in this type of insurance and the second one, what represents an insured risk and how it should be described when formulating an insurance policy. In the paper these two aspects have been analyzed according to the applicable laws of the Republic of Serbia, relevant international documents and general and specific terms and conditions of domestic and foreign insurance companies.


2014 ◽  
pp. 154-163
Author(s):  
Manjeet Kumar Sahu

The rule of Causa promixa (proximate cause) is derived from a latin phrase causa proxima non remota spectator (the immediate, and not the remote cause is to be considered). This article highlights the significance of the rule of causa proxima which is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed a result of an insured peril. It primarily discusses about the emphasis laid on the test of proximate cause in Insurance Law, in order to identify the causation of the loss or damage. It makes an effort to substantiate the subject matter by looking into the trends of interpretation of the rule, including in countries like the United Kingdom, the United States, India and Canada.


2008 ◽  
Vol 9 (7) ◽  
pp. 933-944 ◽  
Author(s):  
Mark A. Drumbl

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both lex lata and lex ferenda regarding the proscription of terrorism generally.


1976 ◽  
Vol 10 (2) ◽  
pp. 1-19 ◽  
Author(s):  
Roxann A. Van Dusen

From time to time in recent years, the complaint has been voiced that “women’s studies” have gone far enough: panels on women at professional meetings arede rigeur. though the subject matter is becoming somewhat tedious; articles and books on women are proliferating, though they seem to be increasingly repetitive; and furthermore, it is argued, there is nothing intrinsically interesting or problematic about womenper se. As for investigators whose interest focus on women in the Middle East, they have been called opportunistic, capitalizing on the feminist movement in the United States, and have been accused of imposing feminist concerns and sensibilities on Middle Eastern societies.


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