scholarly journals A Further Note on Federal Causes of Action

2017 ◽  
Author(s):  
John F. Preis

In the article, I argue that federal causes of action ought to be treated as (1) distinct from substantive rights, (2) synonymous with the availability of a remedy (but not whether a remedy will in fact issue) and (3) distinct from subject matter jurisdiction (unless Congress instructs otherwise). This thesis is built principally on a historical recounting of the cause of action from eighteenth century England to twenty-first century America. In taking an historical approach, I did not mean to argue that federal courts are bound to adhere to centuries-old conceptions of the cause of action. I merely used history to show why the cause of action has taken on various identities and, further, why these identities have changed over time. By closely attending to these changes, we can better determine whether linguistic changes signal substantive changes in doctrine, or are simply loose language.

2020 ◽  
Vol 29 ◽  
Author(s):  
Tiina Mahlamäki ◽  
Tomas Mansikka

This article discusses the relationship between Western esotericism and literature. As an example of a secular author who uses and benefits from esoteric texts, ideas and thoughts as resources in creating a literary artwork, the article analyses Laura Lindstedt’s novel Oneiron. A Fantasy About the Seconds After Death (2015). It contextualises the novel within the frames of Western esotericism and literature, focusing on Emanuel Swedenborg’s impact on discourses of the afterlife in literature. Laura Lindstedt’s postmodern novel indicates various ways that esoteric ideas, themes, and texts can work as resources for authors of fiction in twenty-first century Finland. Since the late eighteenth century Swedenborg’s influence has been evident in literature and among artists, especially in providing resources for other-worldly imagery. Oneiron proves that the ideas of Swedenborg are still part of the memory of Western culture and literature.


Authorship ◽  
2012 ◽  
Vol 1 (2) ◽  
Author(s):  
Josephine Dougal

Robert Burns, the eighteenth-century Scottish poet and song writer, continues to maintain a substantial cultural ‘afterlife’ in the twenty first century, both within Scotland and beyond. Achieving cult status in the nineteenth century, the power of Burns as a popular cultural icon remains undiminished. Where the appropriation of Burns as national icon in the nineteenth century was made manifest in statuary, commemorative objects, and painted portraits, the twenty-first century has been marked by the proliferation of the image of Burns in new forms and  technologies, with Burns as product and brand logo, museum and heritage attraction, and tourism industry selling point. This recent flourishing of interest and engagement raises questions about why and how an eighteenth-century poet continues to be the object of such extensive cultural elaboration at this time. In approaching this question, some fruitful lines of enquiry are being suggested in recent discussions that have looked at the nineteenth-century Burns as a ‘mobilizing agent in collective memory production’ (Rigney 2011, 81). One such appraisal points to how the construction of Burns in the nineteenth century as an iconic figure of Scottish cultural memory has the potential to ‘be resignified as necessary in subsequent chronological and geographical sites’ (Davis 2010, 14). It is this potential for the resignification of Burns as a symbolic site for the nation’s memory that this paper explores. In pointing to Burns’ representation in a variety of popular forms and in public discourse, the paper examines how a writer comes to be invested and reinvested as the voice and persona of the nation.


2019 ◽  
pp. 178-195
Author(s):  
Angela McShane

This chapter argues that drinking things are of central importance to our understanding of the long relationship between humans and alcohol. It explores the history of the English man (and woman’s) pint of beer, as an object, a drink, and a measure, from the late-sixteenth to the twenty-first century, to show how the relationships between objects, drinks, and measures have been socially and culturally constructed over time. Drawing upon a wide range of objects, images, and textual sources, and benefiting from the theoretical lenses of material performativity and praxeology, it argues that material insights not only help us to understand the deeper cultural processes at play in the routines and rituals of convivial drinking, but also help us to understand their wider role in social and political change.


2010 ◽  
Vol 7 (2) ◽  
pp. 199-219 ◽  
Author(s):  
MATTHEW RILEY

This article establishes a dialogue between twenty-first-century music theory and historical modes of enquiry, adapting the new Formenlehre (Caplin, Hepokoski/Darcy) to serve a historically oriented hermeneutics. An analytical case study of the first movement of Haydn's Symphony No. 92 (1789) traces the changing functional meanings of the opening ‘caesura prolongation phrase’. The substance of the exposition consists largely of things functionally ‘before-the-beginning’ and ‘after-the-end’, while the recapitulation follows a logic of suspense and surprise, keeping the listener continually guessing. The analysis calls into question Hepokoski and Darcy's restriction of the mode of signification of sonata-form movements to the narration of human action. The primary mode of signification of the recapitulation is indexical: it stands as the effect of a human cause. This account matches late eighteenth-century concepts of ‘genius’.


2020 ◽  
pp. 356-369
Author(s):  
Simon Reader

The eighteenth-century German polymath Georg Christoph Lichtenberg developed a utopian style of note-taking that anticipated the fantasy of democratically organized information promulgated by social media in the twenty-first century. In his “waste-books” (a term drawn from accounting) Lichtenberg made a virtue of the unfinished, promoting the use of the notebook as a tool directed to purposes other than publication: first, as an accumulation of informational wealth (“pennyworths); second, as an incubator for future possibilities over which he exercised no control (“seeds”); and, third, as a space where the micro trades places with the macro (“keyholes”). Lichtenberg elected to live in manuscript, relinquishing his witty retorts, aphoristic reflections, or ideas for whole books entirely to posterity. He kept marginal notations as a way of honing an individual style that was simultaneously divorced from social exchange with the living.


Author(s):  
Agnieszka August-Zarębska

AbstractThis article presents contemporary Judeo-Spanish poetry for children in the context of the postvernacular mode (when the language is not used any more in everyday communication) of the language. It discusses the poetry collections of three authors who have published Judeo-Spanish poems in the twenty-first century: Ada Gattegno-Saltiel, Avner Perez, and Sarah Aroeste, as well as the project Yeladino, which is an anthology of Judeo-Spanish translations of Hebrew poems. It analyses the books and projects in terms of their subject matter, language, and poetic devices, as well as the relation of some of them with music, theatre-music performance, and educational activities. The paper raises the question of audience of this poetry, allowing for the fact that nowadays there are no children learning Judeo-Spanish as their first language, and that the language itself is considered severely endangered. The paper states the presence of the dual address in these books, i.e. to children and adults, both on the level of implied and real audience.


2004 ◽  
Vol 5 (1) ◽  
pp. 24-36
Author(s):  
John Valdimir Price

“Booksellers are generous liberal-minded men.” According to Boswell, Dr. Johnson made this remark in 1756, though anyone remotely acquainted with Johnson will also know that he was equally capable of thinking—and saying—something quite the opposite; it would be imprudent to overlook the possibility of irony here. The London book trade in the eighteenth century was a busy one, and its history is the subject of some of the best research being done on London’s culture. There was also a prospering trade in second-hand or “previously owned” books, and a large number of books from previous centuries are often found in . . .


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