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Theory Versus Practice

History Says That Practice Makes Perfect (And That Judges Are Better Too)

Scott Merriman

Theory argues that rights-based judicial review fails because it does not have popular support. However, examining actual events in battles over freedom of speech, privacy and civil rights demonstrates that this theory often fails when applied. Those arrested during the First World War in America often only received redress through administrative agencies. Civil rights protestors' experiences prove that the federal courts were the only ones generally to protect their rights, and that the legislatures failed to act. Similarly, judicial review increased the freedom of the press during the 1960s, which in turn boosted the civil rights movement. Finally, it was the courts which helped Americans to realize their right to privacy. Included in that right to privacy was the right for people to marry regardless of their race. Overall, courts and administrative agencies, particularly at the federal level, do a better job at protecting rights than legislatures.

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Deleuze's Postscript on the Societies of Control

Updated for Big Data and Predictive Analytics

James Brusseau

opportunity. We are all together in the interminable market, though each of us has our own trajectory, and next purchase to make. The final update for living in a control society involves privacy, defined as individuals having the power to regulate access to

Open access

Janet Elise Johnson and Mara Lazda

of resistance to communism and was the often-beloved place of privacy, trust, and survival. Nor could they use the old language of communist “emancipation,” because many remembered those old solutions to “the woman question” as crudely instrumental

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Cosmonaut Gossip

Socialist Masculinity as Private-Public Performance in the Kamanin Diaries

Erica L. Fraser and Kateryna Tonkykh

familiar puritan terrain, particularly regarding infidelity and drinking. As a Stalinist, moreover, Kamanin would have expected that his diaries transcended traditional norms of privacy. 13 Although the Western diary might be understood as a closed text

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Rochelle Goldberg Ruthchild

ambivalent role of the parental home. Housing is an especially vexed subject. Shortage of living space is a Soviet legacy. Most city dwellers live in high-rise apartment blocks, in cramped apartments with little privacy. As the author notes, the “parental

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Ming-Lun Chung

, bullying surveys, anti-bullying conference booklets, and the outcomes of policy implementation. Hence, government officials and legislators tend to take information privacy and political sensitivity into consideration, which is also associated with ethics

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The Will of the People?

Carl Schmitt and Jean-Jacques Rousseau on a Key Question in Democratic Theory

Samuel Salzborn

between rulers and the ruled—but Schmitt goes further in concretizing Rousseau’s vague notions, with a conception of democracy that tries to exclude all liberal elements and Enlightenment ideals (such as freedom, subjectivity, privacy, etc.), so that

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A Gloomy Carnival of Freedom

Sex, Gender, and Emotions among Polish Displaced Person in the Aftermath of World War II

Katarzyna Nowak

concerning privacy and intimacy was as follows: “a huge empty room spread out in front of our eyes, there was a pile of mattresses in the corner, mostly made of straw … There were many people and few mattresses. So it was necessary to share a mattress and

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Melissa Feinberg

own experience. Date of Observation : Until May 1953 English Synopsis Families’ living standard and morale are both ruined by the Communist regime, the general nervousness even affecting personal privacy. Subsource’s married life was happy in the

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Poverty and Shame

Interactional Impacts on Claimants of Chinese Dibao

Jian Chen and Lichao Yang

shame (“They do not have a sense of shame at all”). Attitudes toward Publication of the List of Dibao Users In some papers, the publication of dibao users’ names is criticized as disrespecting users’ privacy and stigmatizing them. Surprisingly, most