scholarly journals Fourth Amendment Textualism

2019 ◽  
pp. 233-283
Author(s):  
Jeffrey Bellin
Keyword(s):  
Fourth Amendment ◽  
Status Quo ◽  
Third Party ◽  
New Approach ◽  
Reasonable Expectation ◽  
Part Formula ◽  
The Past ◽  
Police Investigation ◽  
The Status ◽  
Definition Of

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands. Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive. Even the justices know they have a problem. Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt. These fissures hint at the Court’s openness to a new approach. Unfortunately, no viable alternatives appear on the horizon. The justices themselves offer little in the way of a replacement. And scholars’ proposals exhibit the same complexity, subjectivity, and illegitimacy that pervade the status quo. This Article proposes a shift toward simplicity. Buried underneath the doctrinal complexity of the past fifty years is a straightforward constitutional directive. A three-part formula, derived from the constitutional text, deftly solves the Fourth Amendment “search” conundrums that continue to beguile the Court. This textualist approach offers clarity and legitimacy, both long missing from “search” jurisprudence. And by generating predictable and sensible answers, the proposed framework establishes clear boundaries for police investigation while incentivizing legislators to add additional privacy protections where needed.

scholarly journals Reconciling Loss Aversion and Gain Seeking in Judged Emotions

2021 ◽  
pp. 096372142199204
Author(s):  
Barbara A. Mellers ◽  
Siyuan Yin ◽  
Jonathan Z. Berman
Keyword(s):  
Loss Aversion ◽  
Reference Point ◽  
Emotional Reactions ◽  
Status Quo ◽  
New Approach ◽  
Negative Change ◽  
Starting Point ◽  
The Status ◽  
Positive Feelings ◽  
Negative Feelings

Is the pain of a loss greater in magnitude than the pleasure of a comparable gain? Studies that compare positive feelings about a gain with negative feelings about a comparable loss have found mixed answers to this question. The pain of a loss can be greater than, less than, or equal to the pleasure of a comparable gain. We offer a new approach to test hedonic loss aversion. This method uses emotional reactions to the reference point, a positive change, and a negative change. When we manipulated the reference point (i.e., pleasurable and painful), two distinct patterns emerged. Pain surpassed pleasure (loss aversion) when the reference point was positive, and pleasure exceeded pain (gain seeking) when the reference point was negative. A reference-dependent version of prospect theory accounts for the results. If the carriers of utility are changes from a reference point—not necessarily the status quo—both loss aversion and gain seeking are predicted. Loss aversion and gain seeking can be reconciled if you take the starting point into account.

scholarly journals Research on the Literature of Green Building Based on the Web of Science: A Scientometric Analysis in CiteSpace (2002–2018)

2019 ◽  
Vol 11 (13) ◽  
pp. 3716 ◽  
Author(s):  
Yingling Shi ◽  
Xinping Liu
Keyword(s):  
Web Of Science ◽  
Green Building ◽  
Development Trend ◽  
Status Quo ◽  
Future Research ◽  
Building Industry ◽  
Scientometric Analysis ◽  
The Past ◽  
Evolution Pattern ◽  
The Status

Since the 21st century, the concept of green building has been gradually popularized and implemented in more countries, which has become a popular direction in the area of sustainability in the building industry. Over the past few decades, many scholars and experts have done extensive research on green building. The purpose of this paper is to systematically analyze and visualize the status quo of green building. Therefore, based on Web of Science (WoS), this paper analyzed the existing knowledge system of green building using CiteSpace, identified keywords related to green building and their frequency of occurrence using the function of keyword co-occurrence analysis, recognized five clusters using the function of cluster analysis, and explored the knowledge evolution pattern of green building using citation bursts analysis in order to reveal how research related to green building has evolved over time. On the basis of aforementioned keywords, clusters, and citation bursts analysis, this paper has built a knowledge graph for green building. This paper can help readers to better understand the status quo and development trend of green building and to easier recognize the shortcomings in the development of green building, so as to provide a promising direction for future research.

Diversity, Equity, and Inclusion (DEI) Statements in the U. S. Creative Sector: Progress, or More Bullshit?

2021 ◽  
Vol 5 (2) ◽  
pp. 33-46
Author(s):  
Antonio C. Cuyler
Keyword(s):  
Content Analysis ◽  
Research Question ◽  
Theoretical Framework ◽  
Status Quo ◽  
Arts Organizations ◽  
The Public ◽  
Cultural Organizations ◽  
The Status ◽  
Definition Of ◽  
Equity And Inclusion

This article represents a snapshot and analysis of U. S. service arts organizations’ DEI statements and activities in 2018. At that time, many primarily White-serving U. S. cultural organizations responded defensively to accusations of elitism and a harmful rigged funding system that maintained the status quo by awarding most cultural funding to these organizations while undermining the health and vitality of cultural organizations by and for historically oppressed communities (Sidford, 2011). Furthermore, Helicon Collaborative (2017) found that even with a host of cultural equity, “diversity” projects (Tseng 2016), and public-facing DEI statements, little had changed within six years. Therefore, this study uses directed and summative content analysis to investigate the research question “what do cultural equity and diversity statements communicate about cultural organizations’ positions on DEI?” This study also uses Frankfurt’s (2005) essay On Bullshit and Laing’s (2016) two-prong definition of accountability as a theoretical framework to examine if and how cultural organizations hold themselves accountable for achieving DEI in the creative sector. Lastly, readers should keep in mind that the public murder of Geor-ge Floyd in 2020 has hastened all of the service arts organizations’ access, diversity, equity, and inclusion (ADEI) work examined in this study.

scholarly journals Decentering the Status Quo : The Rhetorically Sanctioned Political Engagement of Groen van Prinsterer

2020 ◽  
Vol 29 (2) ◽  
pp. 141-159
Author(s):  
Jan Adriaan Schlebusch
Keyword(s):  
Nineteenth Century ◽  
Political Engagement ◽  
Status Quo ◽  
Political Activity ◽  
Narrative Approach ◽  
Constitutional Democracy ◽  
Strategic Framework ◽  
The Past ◽  
The Future ◽  
The Status

Abstract In his strategic political positioning and engagement in the nineteenth century, Groen van Prinsterer looked towards both the past and the future. Rhetorically, he appealed to the past as a vindication of the truth and practicality of his anti-revolutionary position. He also expressed optimism for the success of his convictions and political goals in the future. This optimism was reflected in the confidence with which he engaged politically, despite experiencing numerous setbacks in his career. Relying on the phenomenological-narrative approach of David Carr, I highlight the motives and strategies behind Groen’s political activity, and reveal that the past and the future in Groen’s narrative provide the strategic framework for his rhetoric, and the basis for his activism. I accentuate how the emphasis of his narrative shifts away from the status quo and thus enables a type of political engagement that proved historically significant for the early consolidation of the Dutch constitutional democracy.

Mindset and Social Entrepreneurship: Japanese Self-initiated Expatriate Entrepreneurs in Cambodia

2018 ◽  
Vol 4 (1) ◽  
pp. 68-88 ◽  
Author(s):  
Kazuko Yokoyama ◽  
Sarah Louisa Birchley
Keyword(s):  
Higher Education ◽  
Developing Countries ◽  
Social Entrepreneurship ◽  
Status Quo ◽  
Social Entrepreneurs ◽  
Extended Study ◽  
The Status ◽  
Definition Of ◽  
Context Characteristics ◽  
Initial Research

This research is based on an extended study of Japanese self-initiated expatriate entrepreneurs (SIEEs) in Asia. Since 2015 the authors have explored various factors that influence SIEEs when setting up enterprises overseas, including the ability to take initiative; support and encouragement from family, a well-defined career anchor and exposure to overseas in the exploration stage of one’s career. An emerging trend is the desire to engage in social development activities, which has seen increasing numbers of Japanese leave well-paid companies at home to work in NGOs in developing countries. An extension of this can be seen in Japanese who choose to become self-initiated expatriate social entrepreneurs. This article focuses specifically on cases collected in Cambodia and attempts to explain how and why Japanese decide to become self-initiated expatriate social entrepreneurs in Cambodia using the concept of mindsets; entrepreneurial, social, sustainable and global. Initial research shows that some of these individuals exemplify the definition of sustainable entrepreneurship as they are creative and question the status quo in order to seek new opportunities for societal improvement ( Bornstein, 2007 ) and have multiple mindsets behind their actions. This research paper shares the context, characteristics, and outcomes of Japanese self-initiated expatriate social entrepreneurs in Cambodia and concludes by suggesting how knowledge of these SIEEs can be used in higher education contexts in Japan to improve entrepreneurship education.

OBJECTIVE SIGNS OF CRIMES AGAINST PROPERTY: THEFT OF FUNDS FROM A BANK CARD

2021 ◽  
pp. 14-19
Author(s):  
A. A. Goncharov ◽  
◽  
A. I. Boyko ◽  
Keyword(s):  
Direct Contact ◽  
Personal Information ◽  
Third Party ◽  
Electronic Payment ◽  
Bank Account ◽  
The Past ◽  
Bank Card ◽  
Definition Of ◽  
Monetary Assets ◽  
Two Bodies

The relevance of scientific research is caused primarily by the general transition of the society to the funds’ transfer network. Physical money is replaced by virtual one, the access to which is granted remotely. Therefore, in some situations, a lawbreaker can gain possession of non-cash resources far easier than stealing the cash of a possible victim. For the past two decades, lawbreakers successfully apply lots of ways allowing a lawbreaker both to possess personal information of another person – bank cardholder and, subsequently, to steal money from a holder’s account. The paper determines the objective signs of a crime against property and the list of attributes typical for stealing money funds from a bank card. The authors distinguish the objective signs of two bodies of a crime, which can fall within the definition of embezzlement from a bank card: a theft from a bank account, and fraud using electronic payment facilities. The authors conclude that the embezzlement from a bank card throw the commission of fraudulent acts is possible only when interacting with a third party. The actual presence of another person (a victim or an employee of credit, bank, commercial, or other organization) and the interaction of a criminal with this person is a prerequisite for classifying a crime as a fraud. Any actions aimed at the unlawful seizure of non-cash monetary assets and not accompanied by direct contact with a third party should be classified as theft.

Rethinking the Professionalization of Peace Mediation

2021 ◽  
pp. 355-372
Author(s):  
Anne Holper ◽  
Lars Kirchhoff
Keyword(s):  
Conflict Resolution ◽  
Paradigm Shift ◽  
Status Quo ◽  
Transferable Skills ◽  
The Past ◽  
The Status

This chapter comments on the changes experienced in the field of peace mediation as a result of the increased professionalisation and regulation of the field in the past decade. These processes deeply affect the practice of peace mediation, and yet it is as yet unclear whether and how professionalisation and regulation affect the outcomes of mediated negotiations. The chapter examines the ways in which the major paradigm shift from a traditional reliance on individualised, non-transferable skills to nuanced mediation expertise has changed, or not, the field of peace mediation. It argues that professionalisation has tested the field and its ability to co-operatively improve its own practices, and suggests a model for ‘sorting out’ the status quo and readjusting mediation as a form of conflict resolution.

scholarly journals Out-of-the-box versus in-house tools: how are they affecting data journalism in Australia?

2020 ◽  
pp. 1329878X2096156
Author(s):  
Mathias-Felipe de-Lima-Santos ◽  
Aljosha Karim Schapals ◽  
Axel Bruns
Keyword(s):  
Public Service ◽  
Business Models ◽  
Digital Preservation ◽  
Status Quo ◽  
Third Party ◽  
Future Challenges ◽  
The Status ◽  
Data Journalism ◽  
Depth Interviews

The proliferation of data journalism has enabled newsrooms to deploy technologies for both mundane and more sophisticated workplace tasks. To bypass long-term investment in developing data skills, out-of-the-box software solutions are commonly used. Newsrooms today are partially dependent on third-party platforms to build interactive and visual stories – but the business models of platforms are predisposed to changes, frequently inducing losses of stories. This article combines in-depth interviews and an ancillary survey to study the status quo and identify future challenges in embracing out-of-the-box and in-house tools, and their impact on Australian data journalism. Results indicate a dichotomy between commercial and public service media organisations. Commercial outlets are heavily reliant on out-of-the-box solutions to develop stories, due to a lack of skillsets and a shortage of skilled labour. By contrast, public service media are developing their own in-house solutions, which reflects their desire for the continuous digital preservation of data stories despite the challenges identified.

scholarly journals Methodological issues and prospects of semiotics of humour

2017 ◽  
Vol 45 (1/2) ◽  
pp. 137-151
Author(s):  
Dmitrij Gluscevskij
Keyword(s):  
Text Analysis ◽  
Status Quo ◽  
Semiotic Analysis ◽  
Methodological Issues ◽  
Unique Object ◽  
The Status ◽  
Definition Of ◽  
Epistemological Views

This article aims at proposing a way to identify humour by means of Greimassian semiotics and to single humour out as a unique object of semiotic analysis. Firstly, the article discusses the fundamental epistemological premises of semiotic text analysis through the analysis of texts by Greimas which were meant to further and legitimize his project of semiotics. Also, the already existing attempts at providing a semiotic definition of humour are critically evaluated while relating their problematic aspects with the implicitly defined field of semiotic interest. Finally, it is demonstrated that a productive semiotic description of a comic text is possible when the status quo epistemological views are revised and the traditional field of semiotic analyses is expanded accordingly.

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