scholarly journals Citations, Justifications, and the Troubled State of Legal Scholarship

2015 ◽  
Vol 3 (1) ◽  
pp. 45-90 ◽  
Author(s):  
Jeffrey L. Harrison ◽  
Amy R. Mashburn

Recent pedagogical, economic, and technological changes require law schools to reevaluate their resource allocations. Although typically viewed in terms of curricular changes, it is important also to focus on the very significant investment in legal scholarship and its impact. Typically, this has been determined by some version of citation counting with little regard for what it means to be cited. This Article discusses why this is a deeply flawed measure of impact. Much of that discussion is based on an empirical study the Authors conducted. The investigation found that citation by other authors is highly influenced by the rank of the review in which a work is published and the school from which the author graduated. Courts, on the other hand, are less sensitive to these markers of institutional authority. Perhaps more importantly, when the purpose of the citation is examined, a very small handful of those citing a work do so for anything related to the ideas, reasoning, methodology, or conclusions found in the cited work. This is slightly less true for judicial citation compared to citations by other authors. Given the level of current investment in legal scholarship and findings that reliance on it is far lower than citation counts would suggest, the Authors offer a number of recommendations designed to increase accountability of legal scholars and the utility of what they produce.

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.


2018 ◽  
Vol 8 (2) ◽  
pp. 35-48
Author(s):  
Jiří Rybička ◽  
Petra Čačková

One of the tools to determine the recommended order of the courses to be taught is to set the prerequisites, that is, the conditions that have to be fulfilled before commencing the study of the course. The recommended sequence of courses is to follow logical links between their logical units, as the basic aim is to provide students with a coherent system according to the Comenius' principle of continuity. Declared continuity may, on the other hand, create organizational complications when passing through the study, as failure to complete one course may result in a whole sequence of forced deviations from the recommended curriculum and ultimately in the extension of the study period. This empirical study deals with the quantitative evaluation of the influence of the level of initial knowledge given by the previous study on the overall results in a certain follow-up course. In this evaluation, data were obtained that may slightly change the approach to determining prerequisites for higher education courses.


Author(s):  
Hugh H. Benson
Keyword(s):  
The One ◽  

This chapter presents a reading of Plato’s Euthyphro, Apology, and Crito. These dialogues, in which Plato depicts the weeks leading up to Socrates’s last day, are replete with various philosophical explorations. Among those explorations is the question of how to live our lives. On the one hand, Socrates is clear and straightforward. We should live the examined life—making logoi and examining ourselves and others in order to determine whether we are as wise as we think we are, and we should live the virtuous life. This is how Socrates lives his life. On the other hand, the examined life undercuts, or at least should undercut, the confidence with which he seeks to live the virtuous life. It may help bring some stability to the general principles by which he lives his life, but it can do so only defeasibly and without certainty.


Religions ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 199
Author(s):  
Maria Ledstam

This article engages with how religion and economy relate to each other in faith-based businesses. It also elaborates on a recurrent idea in theological literature that reflections on different visions of time can advance theological analyses of the relationship between Christianity and capitalism. More specifically, this article brings results from an ethnographic study of two faith-based businesses into conversation with the ethicist Luke Bretherton’s presentation of different understandings of the relationship between Christianity and capitalism. Using Theodore Schatzki’s theory of timespace, the article examines how time and space are constituted in two small faith-based businesses that are part of the two networks Business as Mission (evangelical) and Economy of Communion (catholic) and how the different timespaces affect the religious-economic configurations in the two cases and with what moral implications. The overall findings suggest that the timespace in the Catholic business was characterized by struggling caused by a tension between certain ideals on how religion and economy should relate to each other on the one hand and how the practice evolved on the other hand. Furthermore, the timespace in the evangelical business was characterized by confidence, caused by the business having a rather distinct and achievable goal when it came to how they wanted to be different and how religion should relate to economy. There are, however, nuances and important resemblances between the cases that cannot be explained by the businesses’ confessional and theological affiliations. Rather, there seems to be something about the phenomenon of tension-filled and confident faith-based businesses that causes a drive in the practices towards the common good. After mapping the results of the empirical study, I discuss some contributions that I argue this study brings to Bretherton’s presentation of the relationship between Christianity and capitalism.


1998 ◽  
Vol 16 (4) ◽  
pp. 387-400 ◽  
Author(s):  
Felicity J Callard

Geographers are now taking the problematic of corporeality seriously. ‘The body’ is becoming a preoccupation in the geographical literature, and is a central figure around which to base political demands, social analyses, and theoretical investigations. In this paper I describe some of the trajectories through which the body has been installed in academia and claim that this installation has necessitated the uptake of certain theoretical legacies and the disavowal or forgetting of others. In particular, I trace two related developments. First, I point to the sometimes haphazard agglomeration of disparate theoretical interventions that lie under the name of postmodernism and observe how this has led to the foregrounding of bodily tropes of fragmentation, fluidity, and ‘the cyborg‘. Second, I examine the treatment of the body as a conduit which enables political agency to be thought of in terms of transgression and resistance. I stage my argument by looking at how on the one hand Marxist and on the other queer theory have commonly conceived of the body, and propose that the legacies of materialist modes of analysis have much to offer current work focusing on how bodies are shaped by their encapsulation within the sphere of the social. I conclude by examining the presentation of corporeality that appears in the first volume of Marx's Capital. I do so to suggest that geographers working on questions of subjectivity could profit from thinking further about the relation between so-called ‘new’ and ‘fluid’ configurations of bodies, technologies, and subjectivities in the late 20th-century world, and the corporeal configurations of industrial capitalism lying behind and before them.


1902 ◽  
Vol 48 (202) ◽  
pp. 434-450 ◽  
Author(s):  
T. S. Clouston

Dr. Clouston said that when he suggested toxæmia to the secretary as a suitable subject for a discussion at this meeting he had not intended to be the first speaker, because his object was to bring out more fully the views of the younger members who had recently committed themselves so strongly to the toxæmic and bacterial etiology of insanity, and so to get light thrown on some of the difficulties which he and others had felt in applying this theory to many of their cases in practice. It was not that he did not believe in the toxic theory as explaining the onset of many cases, or that he under-rated its importance, but that he could not see how it applied so universally or generally as some of the modern pathological school were now inclined to insist on. He knew that it was difficult for those of the older psychological and clinical school to approach the subject with that full knowledge of recent bacteriological and pathological doctrine which the younger men possessed, or to breathe that all-pervading pathological atmosphere which they seemed to inhale. He desired to conduct this discussion in an absolutely non-controversial and purely scientific spirit. To do so he thought it best to put his facts, objections, and difficulties in a series of propositions which could be answered and explained by the other side. He thought it important to define toxæmia, but should be willing to accept Dr. Ford Robertson's definition of toxines, viz., “Substances which are taken up by the (cortical nerve) cell and then disorder its metabolism.” He took the following extracts from his address at the Cheltenham meeting of the British Association (1) as representing Dr. Ford Robertson's views and the general trend of much investigation and hypothesis on the Continent.


1986 ◽  
Vol 66 (1) ◽  
pp. 1-8 ◽  
Author(s):  
John D. Evans
Keyword(s):  

The other day I received a letter from someone I did not know, but who shares my rather common surname. This gentleman had received a piece of mail intended for me—a Who's Who entry for correction, in fact. The occurrence in itself was not very remarkable, as those of you who have surnames which are as widely distributed as mine will especially appreciate. What was particularly striking to me was that my correspondent began his letter by saying that he had never written to an archaeologist before, and could not resist the temptationto do so now. I replied that I was somewhat surprised that archaeologists could still have such a curiosity value; it had been my impression that we had become so relatively common during the last two decades as not to attract much more notice than many other professions. We are still not, and are never likely to be, a large profession, but there is also, of course, a strong body of serious amateurs who can also reasonably call themselves qualified archaeologists—and we do get a more than average amount of publicity.


Legal Studies ◽  
2009 ◽  
Vol 29 (4) ◽  
pp. 519-533 ◽  
Author(s):  
William Twining

Law has the potential to be one of the humanistic disciplines that is an integral part of general culture. But it is not usually perceived in that way by non-lawyers. As the Society of Legal Scholars celebrates its Centenary, its members are under pressure to broaden the audiences of legal scholarship. Setting this expectation in the context of the movement to encourage all academic disciplines to place greater emphasis on ‘public understanding’ and ‘public engagement’, this lecture considers the what, why and how of confronting this challenge, recognises some obstacles and constraints, and suggests how the Society, law schools and law publishers might contribute to this enterprise.


2018 ◽  
Author(s):  
Michael J. Morgan ◽  
Joshua A. Solomon

AbstractIt is usually assumed that sensory adaptation is a universal property of human vision. However, in two experiments designed to measure adaptation without bias, we have discovered a minority of participants who were unusual in the extent of their adaptation to motion. One experiment was designed so that targets would be invisible without adaptation; the other, so that adaptation would interfere with target detection. In the first, participants adapted to a spatial array of moving Gabor patches. On each trial the adapting array was followed by a test array in which but all of the test patches except one were identical to their spatially corresponding adaptors; the target moved in the opposite direction to its adaptor. Participants were required to identify the location of the changed target with a mouse click. The ability to do so increased with the number of adapting trials. Neither search speed nor accuracy was affected by an attentionally-demanding conjunction task at the fixation point during adaptation, suggesting low-level (pre-attentive) sites in the visual pathway for the adaptation. However, a minority of participants found the task virtually impossible. In the second experiment the same participants were required to identify the one element in the test array that was slowly moving: reaction times in this case were elevated following adaptation. The putatively weak adapters from the first experiment found this task easier than the strong adapters.


2017 ◽  
Author(s):  
Andrew B. Hall ◽  
Connor Huff ◽  
Shiro Kuriwaki

How did personal wealth and slaveownership affect the likelihood southerners fought for the Confederate Army in the American Civil War? On the one hand, wealthy southerners had incentives to free-ride on poorer southerners and avoid fighting; on the other hand, wealthy southerners were disproportionately slaveowners, and thus had more at stake in the outcome of the war. We assemble a dataset on roughly 3.9 million free citizens in the Confederacy, and show that slaveowners were more likely to fight than non-slaveowners. We then exploit a randomized land lottery held in 1832 in Georgia. Households of lottery winners owned more slaves in 1850 and were more likely to have sons who fought in the Confederate Army. We conclude that slaveownership, in contrast to some other kinds of wealth, compelled southerners to fight despite free-rider incentives because it raised their stakes in the war’s outcome.


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