bluuebunny/crossref_metadata_2025 huggingface dataset:
Synge’s Playboy and the Eugenics of Language
Authors: Crawford Nicholas
Published: March 2013

While much criticism of The Playboy of the Western World has focused on Christy’s self-actualization through language, this essay asserts that Synge’s imaginatively hybrid diction constitutes a critique of the discourses of heritage contemporaneous with the play’s debut – biological and cultural, eugenic and evolutionary, as well as the projects of cultural and literary recuperation so central to the Irish Literary Revival. The drama’s eugenic component reveals itself in the overarching objective of the main character, which is to kill his father and reinvigorate his lineage by marrying the beautiful and vital Pegeen Mike. The drama’s cultural work is embedded in its linguistic negotiation between the colonizers’ English and the land’s native Gaelic. The inexorable force of unwanted heritage (biological, cultural, theatrical, linguistic) is subverted only through an imaginative act that both acknowledges and transforms the authority of the past.
The Politics of “Home” in Lorraine Hansberry’s A Raisin in the Sun
Authors: Matthews Kristin L.
Published: March 2013

This essay examines the complexities of “home” in Lorraine Hansberry’s prize-winning play A Raisin in the Sun (1959). While scholars have discussed how the home purchased by Lena Younger at Raisin ’s close signifies a radical challenge to and revision of the American Dream, few have explored the ways in which this literal home mirrors the psycho-social struggle of mid-century African Americans to attain, secure, and define a sense of place, or “home,” in the face of systemic socio-economic racism. I argue that the Younger family’s Clybourne Park home is more than a structural device used to catalyze the dénouement. Rather, this physical space illuminates the diverse psychological and ideological “homes” the Younger family seeks throughout the play, as Raisin probes the racially charged politics of home ownership particular to post–World War II Southside Chicago, investigates the viability and vulnerability of the various “homes” occupied by the Younger family in their attempts to find and “express” themselves, and confronts national myths of “home” that associate citizenship with property ownership. Understood in light of the gaps and inconsistencies in national narratives that proclaim “all men are created equal” but deny to some the rights and protections that belong to being at home, “home” becomes a complex space that is simultaneously material, historical, philosophical, psychological, and political. Lorraine Hansberry’s play recognizes the interconnectedness of personal and social struggles to feel “at home” in one’s nation, one’s community, and one’s own skin, and does not offer a blueprint for dismantling the “master’s house.” Instead, A Raisin in the Sun is a pluralist call for committed “builders” – those willing to use their diverse “tools” in concert to reconstruct vital homes and come closer to realizing the dream deferred: America as “home of the brave” and “land of the free.”
Things, Voices, Events: Harold Pinter’s Mountain Language as Testamental Text
Authors: Watt Stephen
Published: March 2013

Critical conversation about the work of Samuel Beckett has been immeasurably enriched by the meditations of such thinkers as Alain Badiou and Pascale Casanova, both of whom – for very different reasons – have elevated Beckett’s Worstward Ho (1983) to the status of “testamental” or “recapitulatory” text: that is, a text that, in Badiou’s phrasing, serves to “take stock of the whole of Samuel Beckett’s intellectual enterprise.” This essay on Harold Pinter endeavours to make a similar claim for his short 1988 play Mountain Language . In particular, and through the unique theoretical interventions of Badiou, Bill Brown, and Cary Wolfe, “Things, Voices, Events: Harold Pinter’s Mountain Language as Testamental Text” delineates the myriad strategies of repressive forces in their ongoing project of domination. These prominently include the priority of the voice, the activation of material “things” as psychical weapons, and frequent recourse to a discourse of species to elide boundaries between the human and the animal, all of which provide a means to re-read the canon of Pinter’s work.
Middlebrowing the Avant-Garde: Equus on the West End
Authors: Claycomb Ryan M.
Published: March 2013

As text, performance, and pop-culture signifier, we can trace Peter Shaffer’s play Equus – from its avant-garde influences through its middle-class anxieties to the middlebrow spectacle of the recent high-profile production in London – as a local example of a familiar (but not inevitable) narrative of the dilution and recuperation of avant-garde aesthetics by a late-capitalist economic system of transnational media integration and commodification. The play itself, from its original production onward, pathologizes and contains the avant-garde as both mad and queer, recuperating it into a framework of liberal, middle-class ethics and economics, an effort that is redoubled by this most recent production in text, in performance, and in the material context of the performance. But even as this play, in performance, seems to help mark out the trajectory of the death of the avant-garde, it also troubles the waters of this death-narrative with traces of the residuum of a resistant, even queered, avant-garde that lingers beyond narrative containment and cultural co-opting.
“Biting the Sour Apple”: The Nietzschean Undertow in Little Eyolf
Authors: Reid John
Published: March 2013

In this essay, Little Eyolf is treated as a play that offers compelling internal evidence of Ibsen’s critical, intertextual engagement with Nietzche. Not only does the play invoke the Nietzschean imagery associated with lower chthonic powers and transfiguration rites, but its complex mess of dysfunctional relations articulates a starkly Nietzschean critique of the existential limitations of bourgeois consciousness. While Ibsen may appropriate the dialectical interplay of Dionysian and Apollonian principles as the shaping forces at work in the gender and identity problems of the play, his assimilation of the key metaphors of Nietzsche’s philosophical poetics does not prevent him from developing a daring, proto-feminist critique of aristocratic radicalism and the übermensch fantasy of self-overcoming. The argument is designed to celebrate the rhetorical possibility that Ibsen’s playful, improvisational thinking with these key Nietzschean metaphors reveals a rat-catcher of human consciousness unmatched by anything in “that old maid,” Nietzsche.
Reinventing India through "A quite witty pastiche": Reading Tom Stoppard's Indian Ink
Authors: Bhatia Nandi
Published: March 2013

In his play Indian Ink (1995), Tom Stoppard's juxtaposition of different time-periods from colonial and postcolonial India and Britain to make past and present indistinguishable, his collapsing of spatial particularities, and the insertion of conflicting conversations through a "quite witty pastiche" are elements that aim to dismantle rigid boundaries between India and its empire and critique exclusionary identity politics in post-imperial Britain, especially during the Thatcher years. Such engagement with the colonial past places Indian Ink among historical fictions that aim to destabilize colonialist myths, examine contradictory outcomes of colonialism, and interrogate the "impartial" claims of history. Yet, I argue in this article, that such strategies of representing colonial history, which obscure questions of power that are germane to postcolonial societies, remain inadequate for acknowledging the uneven outcomes of imperialism and transform the play primarily into a theatrical show that represents the empire as a benign enterprise.
Looking for the One Who Looks Like Some One: The Unmarked Subject(s) in Gertrude Stein's A Play Called Not and Now
Authors: Fawcett Julia
Published: March 2013

This essay focuses on Gertrude Stein's 1936 work A Play Called Not and Now , often regarded as Stein's most virulent attack on the theatre and the theatre's corruption of selves into simulacra, "entity" into "identity." But if the play articulates Stein's discomfort with how her rising literary fame complicated her expressions of entity, it also offers a solution to this discomfort within the very theatrical conventions it appears to critique. Employing the methodology of performance studies, which regards performance as a unique medium that, in the words of Peggy Phelan, "becomes itself through disappearance," this essay locates the centre of the play in its verbs rather than in its nouns and in the authorial presence it refuses to describe rather than in the celebrities it names. The essay begins with a detailed analysis of Stein's repetition of the verb "to look" throughout the play in order to re-examine the often debated question of what Stein meant when she called a work a play.
La Donna Mobile : Massimo Bontempelli’s Nostra Dea as Fascist Modernism
Authors: Gaborik Patricia
Published: March 2013

"La Donna Mobile: Massimo Bontempelli's Nostra Dea as Fascist Modernism" offers a reading of the 1925 play Nostra Dea in the context of the widespread aesthetic return to order of the period. Discussing the play as a response to Gabriele d'Annunzio's decadentism and F.T. Marinetti's futurism, the author considers it one of the new "myths for the modern era" Bontempelli called for in his literary movement Novecento, which he claimed was spiritually akin to fascism. Revealing how the play both draws on and subverts key aspects of fascist modernism – such as its "rhetoric of virility" and "aesthetization of politics" – the article finally cautions against simple equations that render art of the right "irrational" and art of the left "alienating," suggesting that the play's ideological ambiguity is its artistic success.
Blasted's Hysteria: Rape, Realism, and the Thresholds of the Visible
Authors: Solga Kim
Published: March 2013

A curious blind spot remains in the critical response to Sarah Kane's Blasted : the rape of Cate by Ian. In a play famous for its onstage violence, why is this rape, one of its pivotal moments of brutality, left unstaged? My article seeks to worry this lacuna by exploring the theoretical and historical dimensions of the ''missing'' in Kane's play. I argue that Kane's representation of Cate's rape as missing signals both her engagement with the history of rape's representation – an elusive, evasive history rather than an outrageous, in-yer-face one – as well as a deft understanding of how the ''missing'' operates as realism's menace, the ghost of what realist representations must garrison away in order to instantiate their truth-claims. I frame my reading of Kane's critique of both genre and history by exploring how Blasted charges us, as contemporary spectators of realism, to recognize the schism between knowledge and the eye, the limits of our powers of sight.
“I’ll Google It”: Gossip, Queer Intimacies, and the Internet
Authors: Fackler Maria Francesca
Published: March 2013

With a still developing and largely unpoliced code of ethics, the Internet forces users to renegotiate continually the boundaries and registers of publicity and privacy, and thus, it is the technic that constellates the ideal conditions for gossip, quite apart from its speed and efficiency in circulating tittle-tattle. Proceeding from observations about how the Internet challenges definitional certitudes about the practice and performance of gossip, this article considers the queer performances of Stephen Karam’s darkly comic play Speech & Debate , in which three high-school misfits meet and bond over shared sexual secrets that begin to circulate online. Karam’s representation suggests how the new platforms or stages for gossip that develop out of networking sites and technologies may create new counter-publics, capable, in their turn, of occasioning new forms of counter-intimacy. These platforms offer not only new potentialities for intertextual citation and public discourse but also mechanisms for self-promotion and, in this way, raise questions about the distinction between confession and gossip and between intimacy and publicity: two sets of parallel lines that have begun to bend toward one another.
Seriousness Redeemed by Frivolity: Ayckbourn's Intimate Exchanges
Authors: Dukore Bernard F.
Published: March 2013

The comic and theatrical characteristics of Alan Ayckbourn's plays, which have enjoyed widespread commercial success, are integral to their underlying seriousness. Not only do these qualities embody themes, ideas, character relationships, and social attitudes; their very frivolity enables us to consider their seriousness in ways we would not otherwise do. What is fun about them enriches what is other than fun. Furthermore, it is in the theatre that his plays "work"; that is, function at their best. "Seriousness Redeemed by Frivolity" focuses on Intimate Exchanges , a major Ayckbourn comedy that is his largest and most substantial endeavour: eight plays, each with two final scenes. Both despite and because of its comedy and ingenious theatricality, it is very dark. When a male character dies the scene is funny, as it is when a female character has a mental breakdown. When a writer expends the effort on so sizeable a project and invites audiences to see its components on several days to enjoy variations that derive from different choices characters make at the end of a given scene, he reveals, intentionally or not, a great deal about his art. Apart from its length, Intimate Exchanges is intrinsically important and a remarkable accomplishment.
"It Doesn't Count If It's Easy": Facing Pain, Mediating Identity in Tony Kushner's Angels in America
Authors: Byttebier Stephanie
Published: March 2013

This essay examines Tony Kushner's complex, Brechtian engagement in Angels in America with questions concerning the function of suffering in the contemporary theatre and late-twentieth-century American culture at large. Though the play unabashedly stages various forms of human suffering, it is also significantly invested in dramatizing the characters' propensity to philosophize about suffering. In Angels ' apocalyptic world, the characters' personal reactions to suffering come to stand in for the political struggle between individualism and solidarity in the larger, national effort to mediate the barriers between different, abject identities. Kushner's play, then, exposes the different ideologies of suffering, and ultimately asks us to re-evaluate theatrical and political practices of identification.
“Or It Might Be You”: Audiences in and of T. S. Eliot’s Sweeney Agonistes
Authors: Daniel Julia
Published: March 2013

This article investigates T. S. Eliot’s use of metatheatre in his first verse drama, Sweeney Agonistes (1932). In Sweeney , Eliot crafts a drama that enacts his theory about the nature of theatre, which he locates in theatre’s fundamental but obscured roots in ritual practice. Eliot composed a play that not only embodied this dramatic theory but that also sought to teach his contemporary audience how to engage with a ritual form that required heightened participation from spectators. As I argue, the characters Doris and, to a lesser extent, Dusty are both figures in the drama and an audience of it. They dramatize both the call to greater audience participation and the reluctance of the audience to do so. I also analyse the presentation of these metatheatrical cues in Rupert Doone’s 1934 staging of Sweeney Agonistes and argue that Doone preserved Sweeney as metatheatre while also protecting the audience from the dramatic violence with which it is threatened in Eliot’s script.
Mobilizing Maurya: J.M. Synge, Bertolt Brecht, and the Revolutionary Mother
Authors: Harris Susan Cannon
Published: March 2013

Bertolt Brecht’s decision to transform J.M. Synge’s 1904 tragedy Riders to the Sea into a propaganda play about the Spanish Civil War called Señora Carrar’s Rifles (1937) has long baffled scholars, partly because Brecht’s interest in the play cannot be accounted for within an Irish studies paradigm and partly because Riders appears, to most Brecht scholars, to be the antithesis of Brecht’s vision of epic theatre. In this essay, I investigate the circumstances under which Señora Carrar’s Rifles was written and produced to show how and why Brecht came to see Riders to the Sea as a useful model in his ongoing attempt to dramatize the coming to political consciousness of the working-class mother. Considering both the pressures that were forcing Brecht back toward realism and the failure of his attempts to elicit an “epic” performance of his play The Mother from the New York-based Theatre Union in 1935, I argue that Brecht’s engagement with Riders is an attempt to learn from previous mistakes and to put into practice what the Theater Union Mother taught him about staging maternal grief. Riders was useful to Brecht because it showed him how to bring the working-class mother to her radicalizing epiphany within the context of realism and without resorting to the epic and alienating techniques used in The Mother . This reading not only leads us to question standard readings of Maurya’s famous renunciation of grief and mourning at the end of Riders to the Sea but to complicate our understanding of the emotional dynamics of Brechtian epic theatre.
The of Value Knowledge Created by Individual Scientists and Research Groups
Authors: Chang Chen-Chi
Published: March 2013

Researchers of scholarly communication have often suggested that scientists publish their research findings in academic journals to maximize knowledge creation. However, as the size of journals has increased, investigating the factors affecting the value of such knowledge creation becomes both more difficult and more important. Therefore, this article aims to explore the factors that affect the value of the knowledge created through journal publishing by individual scientists and by research groups. The study surveyed data from an online citation database that includes 160 authors and 4525 articles. The results of this survey show that single authors' knowledge and previous publishing performance play an important role in the value of the knowledge created. Research productivity and publishing work experience on the part of co-authors increase the value of the knowledge created by research. Thus, this study is important in explaining which factors affect knowledge creation.
Situating Clio's Influence in Humanities and Social Science Monographs: Disciplinary Affiliations and Historical Scholarship
Authors: Hérubel Jean-Pierre V.M.
Published: March 2013

Historical scholarship is found in various humanities and social science disciplines. Beyond the traditional historically oriented research and scholarship, as vetted by historians trained and educated in the profession, historical scholarship is situated within other disciplinary configurations as well. This essay offers a larger intellectual discussion of historical research and scholarship published in disciplinary venues outside history proper. Using AHCI and SSCI databases, data were collected for book reviews appearing between 1977 and 2006 to ascertain disciplinary and journal affiliations. Historical scholarship is situated in many fields in which a historical perspective or historiographically grounded scholarship is pursued. Indeed, the historical enterprise is much more intellectually pervasive vis-à-vis other disciplines than may be commonly supposed.
Authorship Renounced: The 'Found' Source in the Historical Record
Authors: Henige David
Published: March 2013

Most often, authorship is a prized status, sometimes to the point of being claimed by those who have no right to it. Conversely, throughout history many works have appeared in which authorship to credited to someone other than the person(s) who brought to it public attention. Often these individuals masquerade as 'editors,' purporting to have discovered a work that they actually wrote themselves. When this claim is accepted, the record of the past becomes distorted because false claims are accepted as true.
Launching a New Academic Journal: Twenty Years Later: A Retrospective
Authors: Fischer Charles C.
Published: March 2013

This article is a retrospective, examining two decades of my tenure as editor-in-chief of a prominent management journal—my successes, failures, and lessons learned. The article offers insights and suggestions for those launching a new journal and those new to editing a journal. Some of the ideas presented may also be of interest to the experienced editor, such as the use of an administrative fee instead of a submission fee and a new twist on page fees. The guiding theme is that of the editor as a servant leader.
Negotiating Roles and Relationships: Stepping Through the Minefield of Co-Authors and Textbook Publishers
Authors: Hewitt John D. , Regoli Robert M.
Published: March 2013

When producing a single-author scholarly monograph that will be self-published, either in print format or digitally online, an author has complete control of the writing process, deadlines, and production of the product. On the other hand, publishing textbooks typically involves a number of interdependent participants, including co-authors and an assortment of publishing-company people (acquisition editors, developmental editors, copy editors, photo editors, marketing specialists, and sometimes more senior managing editors). Co-authors and editors bring unique personalities and egos to the writing project. Sometimes these personalities and egos work like a well-oiled machine; at other times they are significantly uncoordinated. This article examines the array of potentially problematic roles and relationships encountered when pursuing the publication of a co-authored textbook.
'An Inexhaustible Supply of Fresh Literature on the Civil War'
Authors: Ross Daniel J. J
Published: March 2013

Common assumptions on Civil War book publishing, both in general and by scholars, are tested by an examination of the rates of publication and scholarly book reviews in three five-year periods: 1960–64, 1980–84, and 2000–2004.
The Changing College and University Library Market for University Press Books and Journals: 1997–2004
Authors: Greco Albert N. , Jones Robert Francis , Wharton Robert M , Estelami Hooman
Published: March 2013

This article evaluates the economic structure of academic and non-academic libraries; the impact of the 'serials crisis' on academic and non-academic library budgets and non-profit university presses; the impact of libraries on the academic life of universities; the impact of the electronic distribution of scholarly content on libraries, academics, students, and university presses; the response of the library community to scholarly book and journal pricing structures; the potential impact of changes in library configurations; the possible impact of the Open Access movement; and the potential impact of the 'work for hire' theory.
Assessing the Demand for Scholarly Publishing in South Africa
Authors: Le Roux E. (Elizabeth) , Galloway Francis
Published: March 2013

It is often assumed that African scholarly publishing is poorly resourced and unappealing to authors, both African and otherwise. While the resource constraints are real, is it true that authors are avoiding African publishers in favour of those based in the North? An exploratory study was undertaken to assess the demand for scholarly publishers based in South Africa but serving the continent as a whole. The qualitative survey, though not based on a large and widely generalizable sample, indicates some clear trends and, in so doing, explodes the myth of the African publisher as the site of last resort for academic authors. Rather, the results show broad support for locally based publishers, and many respondents expressed a need for far more publishers, wherever they may be based. Certain guidelines are derived from this survey to indicate trends for scholarly publishers working in this region.
A Different Kind of Profession: The Council of Editors of Learned Journals (CELJ) Keynote Address MLA Convention 2006
Authors: Luey Beth
Published: March 2013

Is journal editing a profession? If so, it is not – and should not be – a traditional one, like law or medicine. Rather, it should be a profession open to innovation and talent and transparent to those who interact with it as authors, subscribers, and readers. This article, which began as the keynote address at the 2006 meeting of the Council of Editors of Learned Journals, examines the characteristics of the professions, the ways they are – and are not – appropriate to journal editing, and some possibilities for increasing professionalism without encumbering ourselves with its less desirable features.
Blog to the Future?: Journals Publishing in the Twenty-First Century
Authors: Phillips Angus
Published: March 2013

A variety of current developments are creating questions over present models of publishing and scholarly communication. Will new journals continue to be launched? Will open-access developments such as subject or institutional repositories reach a tipping point at which libraries will start to cancel journal subscriptions? Is the journal article too static a mechanism, by comparison to the ways in which scholars are able to interact using blogs and wikis? Steadily emerging is a new future for the journal as part of an overall network of knowledge creation and scholarly communication. We are moving away from a world in which a few producers generate content to transmit to a set of users. Instead, the world of knowledge creation has a variety of routes through which research can be disseminated and feedback mechanisms facilitated by a range of collaborative tools.
The Market Demand for University Press Books 2008–15
Authors: Greco Albert N. , Wharton Robert M.
Published: March 2013

This article analyzes important US university press net publishers' revenue and net publishers' unit datasets and e-book revenues for 2008–9. Data for net publishers' revenues, net publishers' units, and digital e-book revenues for higher education textbooks, professional and scholarly books, and consumer e-books were also evaluated covering the years 2008–9. Drawing on important economic data projections and the publicly available competitive print and digital strategies crafted by competitors in the consumer, higher education, and professional and scholarly sectors, the authors develop net publishers' revenue and unit projections for all of these book categories for 2010–15. The university press data sets reveal unsettling declines in revenues and units for 2008–2015. Addressing these declines, the authors conclude with a brief series of recommendations, including the rapid adoption of a digital 'e-book' business model in order to reposition the presses in what is becoming a digital book marketplace.
Subject and Historiographic Characteristics of Library History: Disciplinary Considerations and Scholarship
Authors: Buchanan Anne L. , Hérubel Jean-Pierre V.M.
Published: March 2013

Library history per se has evolved from a highly specialized scholarly endeavour to a field open to a wider range of subjects and orientations. This discussion examines the library history bibliographies officially compiled for the American Library Association's Library History Round Table, the official and professional association for the history of libraries. The bibliographies for the years 2005 to 2009 were examined for type of publication and subject orientation and examined visually for content. The recent state of library history is discussed in terms of disciplinary orientations and methodological perspectives as well as to ascertain various intellectual vectors that library history is exhibiting. Far from being a narrowly conceived interest, it has embraced subjects that transcend library history, including the history of reading, publishing, intellectual life, and other phenomena affecting libraries as institutions and as sites of intellectual, cultural, and societal exchange.
The Church and Peer Review: Was 'Peer' Review Fairer, More Honest Then Than Now?
Authors: Gould Thomas H. P.
Published: March 2013

The traditional thought regarding peer review tends to be that it started with the establishment of the academy, sometime around 1650. It is a reasonable presumption that to have peer review one needs first to have peers. However, the actual review of works certainly occurred long before 1650. Of some importance is the nature of that review that took place prior to the appearance of universities in Bologna and Paris. The standard (and misapplied) logic is that the Church wielded a heavy hand on all publishing, acting as a restraint on inappropriate works prior to their publication. This is not wholly true, however. The Church is best known for its suppression of works post-publication. In a way, it acted as a critic, offering its advice to authors who it found proposed errant ideas and suggesting they might wish to recant and return to good standing. This is interesting when cast in today's peer-review environment. The author suggests that much can be learned from the Church's method of dealing with scholarship, especially in a world of e-reserves. Should we ditch the traditional peer-review method and go back to a publish-then-evaluate system used by the Holy See? In large part, the author argues that unless the academy is willing to cure the perceived ills of peer review and do so soon, the question will be answered in the affirmative, with or without our agreement.
An Object Lesson in Speculation: Multiple Views of the Cathedral in Leaf v. International Galleries
Authors: Fernandez Angela
Published: March 2013

Leaf v. International Galleries is an English case dealing with the doctrine of innocent misrepresentation in contract law. Mr Leaf bought an oil painting of Salisbury Cathedral from International Galleries in 1944 for £85 on the representation that it was an authentic picture by the famous English painter John Constable. When he tried to sell it five years later to Christie's auction house, he was told that it was not in fact a Constable. International Galleries stood by its claim of authenticity. The trial judge found as fact that the painting was not authentic. Lord Denning held at the Court of Appeal that Mr Leaf might well have asked for damages for breach of a warranty that the painting was a real Constable; however, he did not do so, and his request to amend the pleadings to that effect was denied. What Leaf did ask for was equitable relief under the doctrine of innocent misrepresentation by way of rescission ( i.e. , that he be allowed to return the painting and recover his £85). Leaf's claim was denied on the grounds that five years was too long after the transaction to rescind it. Scholars who discuss the case wrestle with the odd fact that £85 seems an extremely low price to pay for an authentic painting by John Constable, and various ways of responding to this have worked their way into the treatment of the case. However, it turns out that £85 might have been a perfectly reasonable price to pay for particular Constables in 1944. This article explores how assumptions like this perfectly ordinary one about the value of a real Constable in the Leaf case can lead us astray. The 'object lesson in speculation,' which I use the Leaf case to demonstrate, is the trap that legal teachers and scholars often fall into because we do not engage in actual investigation of what happened in law school casebook cases. At the same time, however, such investigation sits uncomfortably with the role and function of cases in the common law, which uses reported appellate cases in a very specific way. This article is an investigation of this problem, approached through the lens of the Leaf case.
The Association of State and Indigenous Law: A Case Study in 'Legal Association'
Authors: Roughan Nicole
Published: March 2013

Legal systems are typically marked out by jurisdictional boundaries that exclude the operation of external legal norms except where these are explicitly incorporated. Yet legal systems are frequently engaged in 'legal associations,' the process of looking to another legal system in order to formulate rules and standards. This article examines the dimensions of legal associations that may occur between state law and the law of indigenous groups within the state, using the state–indigenous association in New Zealand to illustrate the range of associative models and their normative implications.
Why is this taking so long?: The move toward a national securities regulator
Authors: Anand Anita I. , Green Andrew J.
Published: March 2013

Game theoretical analysis can be useful in contexts such as securities regulation, where multiple decision makers (i.e., securities regulatory authorities or commissions) act unilaterally but can also potentially reap benefits from cooperation. We deploy several models in seeking to render more transparent the strategies and pay-offs that motivate jurisdictions to support or resist the introduction of a national securities regulator in Canada. Our analysis suggests that consensus has not been reached regarding a national regulator not only because of a lack of cooperation but also because of a lack of coordination. Indeed, it seems plausible both that provinces recognize the benefit of adopting a common standardized regulatory model and that the source of disagreement surrounds the precise regulatory content of that common standardized model. This essay explores the implications of this insight.
New Modes and Orders: The Difficulties of a Jus Post Bellum of Constitutional Transformation
Authors: Bhuta Nehal
Published: March 2013

This article examines the difficulties and dilemmas of the idea of a jus post bellum of constitutional transformation in territories under foreign or international administration. It begins with an argument that, at present, international law contains no such rules and that the law of self-determination provides no guidance. But should international law develop such rules? The balance of the article argues that international law should not prescribe rules or standards for constitution making in such circumstances. En route to this conclusion, it is argued that contractarian understandings of the problem of state making and constitution making are fallacious and that to properly understand the problem of founding new political orders we must conceive of that founding as an aleatory, contingency-riven process of concentrating forms of social and political power within particular territory. Thus, no special premium can be placed on democratic modes of legitimation, and international rules or standards prescribing specific modes of legitimation are likely to be either irrelevant or counter-productive. It is argued, finally, that one of the virtues of international law in these situations is its (relative) agnosticism with respect to different modes of legitimation. It is contended that international law is usefully understood as 'inter-public law.' In light of this theory, the structural situation of international law is analogous to the structural position of public law in newly founded domestic political orders. That is, international law is preoccupied with crafting relationships of order across diverse kinds of social and political legitimacy, and its normativity and efficacy are finely balanced between accommodating power and restraining it.
Methodology and Perspective in the Theory of Lawyers' Ethics: A Response to Professors Woolley and Markovits
Authors: Wendel W. Bradley
Published: March 2013

Professor Woolley's principal article identifies a fault line in the theory of legal ethics, between those who ask what a lawyer should do in a situation, and those, like Professor Markovits, who are concerned with how a lawyer should be. The firstpersonal turn in legal ethics emphasizes the lawyer's integrity or character, rather than impartial considerations such as the client's interests or legal rights. Professor Markovits, for example, foregrounds the affective process of engagement by clients in adjudication, and from that derives a conception of legal ethics that emphasizes the lawyer's passivity, as a negatively capable conduit facilitating client engagement. Professor Woolley acknowledges that there is a first-personal problem in legal ethics, but insists on separating it from the questions pertaining to the best way to regulate the legal profession. This comment accepts Professor Woolley's distinction between theoretical questions pertaining to regulation and those pertaining to what constitutes a life well lived. It goes beyond her article, however, in denying that considerations of integrity, personal identity, and a life well lived do not bear on impartial questions such as what duties lawyers have to their clients and others.
Combating Terrorist Financing: Is Canada’s Legal Regime Effective?
Authors: Anand Anita I.
Published: March 2013

When Air India Flight 182 was bombed in 1985, anti–terrorist financing (ATF) law did not exist. In Canada, over the past decade, a broad-based legal regime, consisting of the Criminal Code and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, has developed. This regime covers significant regulatory ground and, generally speaking, accords with private and public international law, including the 1267 regime and the 1999 International Convention on the Suppression of Terrorism Financing. But has this regime been effective in fulfilling its stated objective of preventing the funding of terrorist activity? Unless we know the answer – and we do not – we should not be keen to impose additional legal requirements on private or public actors. Regulation is costly, and ineffective regulation imposes unnecessary costs on the private and public sectors. This issue of effectiveness is increasingly important, given the emphasis on terrorist financing in the international community as exemplified in the intergovernmental Financial Action Task Force and the United Nations Security Council. This article recommends a full-fledged assessment of the efficacy of the current ATF regime. Although the argument for undertaking an evaluation of ATF law was presented to the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 by the author, the recommendations in the commission’s final report did not address terrorist financing or the need to assess the efficacy of the current legal regime, except for general recommendations about the role of the National Security Advisor. This is a conspicuous omission, given that ATF law has never been assessed or analysed in terms of its efficacy. The underlying assumption appears to be that the regime works well, but this assumption has not been subject to governmental scrutiny let alone empirical assessment.
Choices and Approaches: Antiterrorism Law and Civil Society in the United States and the United Kingdom After September 11
Authors: Sidel Mark
Published: March 2013

In Canada, as in most nations, law and policy tied closely to counter-terrorism are among the mechanisms for regulating the spaces in which civil society functions. Since the terrorist attacks of 11 September 2001, these mechanisms have increased in scope and importance. The United States has adopted a prosecution-based strategy in these matters, along with detailed guidance for foundations and other non-profit organizations. The United Kingdom has retained and enhanced a charitable regulation system as a first line of defence, along with prosecutions and other steps. Because the US and UK governments have acted in different ways, civil-society groups in those countries have faced different impacts in dealing with their own liberty to operate and in representing and advocating for the broader liberties of their fellow citizens. Given that Canada’s approach to anti-terrorism law and policy will be debated anew in the context of the 2010 report of the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182, as will related issues of terrorist ties to civil-society organizations, this article discusses the different approaches that have emerged in the United States and the United Kingdom, some of the problems and challenges associated with each approach, and some potential implications for Canada.
Culture and competitive resource regulation: A liberal economic alternative to sui generis Aboriginal rights
Authors: Ilg Michael
Published: March 2013

The recognition of Aboriginal rights as sui generis is unique in its basis on a combination of past, culture, and place. This article maintains that the sui generis basis for Aboriginal rights has limited tangible improvements to Aboriginal quality of life, while commentators have also pointed to a number of difficulties with the justifications offered for sui generis rights. The present article proposes a theory of regulatory diversity that promises greater Aboriginal self-determination over regional resources and is both more conducive to development and justifiable on liberal grounds.
'Come on back to the war': Germany as the Other National Other in Canadian Popular Culture
Authors: McCutcheon Mark A.
Published: March 2013

This essay argues for bringing the methodology of post-colonial studies to bear on mainstream Canadian popular culture, towards a rethinking of Canada's ideological affinities with nations traditionally considered as Canada's 'Others,' the United Kingdom and the United States, through the mobilizations of popular culture for militarized nation-building. This argument identifies Germany's role in popular Canadian literature as a recurring national 'Other' against which Canadian nationalism develops, sensitized to the discourse of national security. Representations of Germany as a chronotope of distant war and natural evil recur among some of the most internationally famous works of Canadian literature. Those read here include Anne of Green Gables , 'In Flanders Fields,' Never Cry Wolf , The Handmaid's Tale , the oeuvre of Leonard Cohen, and Neuromancer . The essay concludes with thoughts on the ironies and implications of transnational stereotype and state policy in the popular uses of literature.
Apocalyptic Narrative Recalls and the Human: Rawi Hage’s De Niro’s Game
Authors: Rahman Najat
Published: March 2013

Discourses of 'security,' which have been closely linked to power, have often taken the form of an apocalyptic vision. Recuperated as inevitable ending and destruction, rather than as revelation, disaster is then inflicted on humans. Significantly, the immeasurable violence concerns the other , not the self. Ultimately, this apocalyptic spectre is self-perpetuating and self-fulfilling, the source of its violence internal. War becomes its privileged mode to attest to its own existence. Its violent repression displaces the political onto religious narratives, negating the other as 'diabolic' and constituting a form of dehumanization. Alternative imaginings of apocalypse recuperate disorder into creative possibilities of inclusion and restructuring. The opening of the political lies in the potentiality of apocalyptic visions that remember the other and insist on the human. Rawi Hage's De Niro's Game allows for a vision of history in which the human quest for freedom and relation opens to a beginning and a future.
'Just a singing-machine': The Making of an Automaton in George du Maurier's Trilby
Authors: Coll Fiona
Published: March 2013

This essay argues for a re-evaluation of the eponymous heroine of George du Maurier's 1894 bestselling novel, Trilby . Trilby's tragic end is generally understood to come at the hands of that archetypally evil impresario, Svengali, who purportedly mesmerizes and manipulates her into becoming Europe's greatest singing star. However, a closer examination of her life reveals that Trilby's fate in the novel can more properly be linked to a lifelong dehumanization that shatters her sense of autonomous self and reduces her to a most rudimentary version of the human. In her progression from aspiring subject to tractable 'singing-machine,' Trilby can, in fact, be positioned as belonging to the cultural genealogy of the automaton, a figure that symbolizes a particular nineteenth-century concern about the fate of human subjectivity in an increasingly rationalized, systematized world.
Prima la musica, poi le parole? : Operatic Challenges to Word-Music Relations
Authors: Hutcheon Linda , Hutcheon Michael
Published: March 2013

The relationship between words and music in opera has been a contested one right from the very start. Over the history of this form of musical drama, the relative importance of each component has shifted radically, often provoking operatic 'reforms' aimed at righting what was intended, at opera's birth, to be a balance of the two. But to complicate matters further, opera does not consist only of words and music; unlike the lied or lyric poem, opera aims to tell, or rather to show, a more extensive story. It does this not only through the words, but also, in complex ways, through the music itself (which 'speaks' directly to and is heard by the audience, not the characters on stage). But one further complication: the interaction of words with music is not alone in communicating the narrative of opera: through its dramatic performance, opera deploys multiple semiotic systems - visual (lighting, costumes, sets), gestural, auditory, etc. - to enact its story. Using examples from the past and present of opera, this study investigates these multiple complications and their consequences for theorizing the relationship of words to music more generally.
Ventriloquized Opinions of Pride and Prejudice, Mansfield Park , and Emma : Jane Austen's Critical Voice
Authors: Gemmill Katie
Published: March 2013

This article explores the relationships between Jane Austen's critical views on the novel, her experience of having her novels criticized, and her own creative practice as a novelist. Comments in her letters about what family and friends thought of Pride and Prejudice shed light on how she reacted to having her novels reviewed. She later formalized her project of amassing readers' opinions by recording them in 'Opinions of Mansfield Park ' and 'Opinions of Emma .' In both collections, Austen displays critical and editorial judgment. Her decisions about what to include, what to omit, what to quote verbatim, and what to ventriloquize reflect her critical voice. Austen's editorial role in collecting these opinions illuminates how her perceptions of readers' criticisms inflected her own novelistic technique.
'Sacred Bonds of Amity': Dryden and Male Friendship
Authors: Caldwell Tanya
Published: March 2013

Male friendship, as a motif, pervades John Dryden's works. Through it he confronts problems of stability and continuity that he would ameliorate by means of his poetic powers and the revered institutions behind them. The sexual element of the relationships, which critics invariably treat anachronistically, is crucial to the succour Dryden finds in them. It derives from the traditions he evokes — real or imagined — of male aristocratic bonds (in which the poet has a share) that he revivified in order to negotiate contemporary politics and curtail the disintegration, as he perceived it, of the monarchy. The problem for Dryden and his contemporaries lay in manipulating existing paradigms in the face of Charles II's profligacy and its attendant chaos, the increase in popular power in the Restoration, and the Glorious Revolution. For Dryden, who closely associated poetic and monarchic continuity, the bonds he presented and the institution they perpetuated offered a fortifying power in the face of assaults upon sacrosanct traditions.