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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

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Tara MacDonald

This article examines Margaret Oliphant's Salem Chapel (1863), the author's only foray into the sensation genre. It argues that the novel's focus on the dangers of gossip and public exposure reveals Oliphant's fraught relationship with sensationalism. Two key characters represent sensational readers and authors in the novel: Arthur Vincent and Adelaide Tufton. By emphasising their eager, voyeuristic desires for sensation, Oliphant marks such modes of reading and interpretation - and the genres which encourage such desires - as problematic. The novel also constructs gossip and public media as troubling, and thus questions sensationalism's reliance on voyeuristic thrills.

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Trains of Thought

The Challenges of Mobility in the Work of Rhoda Broughton

Anna Despotopoulou

This article examines women's mobility in the work of Rhoda Broughton, looking closely at her use of the railway as a means of rendering not only the movement but also the drifting consciousness of her heroines. Combining privacy and publicity, movement and stasis, the railway in Broughton's work affects the subjectivity and everyday routine of women, becoming a literary means of exploring woman's complex response to the transitory nature of experience, the rapidly shifting states of consciousness, and modernity's fleeting images - all of which are reflected in Broughton's idiosyncratic style.

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Living Under the Bell Jar

Surveillance and Resistance in Yevgeny Zamyatin's We

Michael D. Amey

Observation plays an increasingly significant role in twentieth-century society as a means of regulation. In this regulatory function, observation manifests itself in the ubiquitous CCTV, traffic cameras and other surveillance techniques used to monitor and record the activities of ordinary citizens. One of the more alarming recent manifestations of the potential for all-pervasive surveillance is the announcement of the development of an urban surveillance system by the United States military, which 'would use computers and thousands of cameras to track, record and analyze the movement of every vehicle in a foreign city,' and which could potentially be used by governments on their own citizens. The dramatic increase of surveillance in the twentieth-century has also been matched by an increase of voyeuristic entertainment, exemplified by the Orwellian titled television game show Big Brother. The entertainment value of voyeuristic surveillance has arguably rendered individuals more …accepting of regulatory surveillance in their personal lives. This trend towards increasing surveillance coupled with a citizenry inured to a constant invasion of its privacy has formed the basis for a number of twentieth-century dystopian novels and films, such as George Orwell's 1984 (1949), George Lucas's THX-1138 (1971), Stephen King's The Running Man (1982), Peter Weir's The Truman Show (1998), Kurt Wimmer's Equilibrium (2002) and the Warchowski brothers' Matrix trilogy (1999-2003). The widely acknowledged forerunner of these works, however, was a novel, We, written in 1921 by the Russian author, Yevgeny Zamyatin.

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Elizabeth Mazzola

Ring’, 287, 289. 32 Cain, ‘Spenser and the Renaissance Orpheus’, 45–46. 33 See Mazzola, ‘Marrying Medusa: Spenser’s Epithalamion and Renaissance Reconstructions of Female Privacy’, Genre 25 (1992): 193–210, here 201. 34 See Cheney and Prescott

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Bilal Tawfiq Hamamra

Women Suicide Bombers/Martyrs’, Feminist Review 81 (2005), 23-51, here 29. 45 Marta Straznicky, Privacy, Playreading, and Women’s Closet Drama, 1550-1700 (Cambridge: Cambridge University Press, 2004), 39. 46 Dorit Naaman,’Brides of Palestine

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Kavita Mudan Finn

she didn’t agree with this in principle, Meg allowed that George York hadn’t actually harmed anybody other than himself – no drunk driving, no hookers in the closet, just lots and lots of drugs, usually indulged in in the privacy of his multi

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‘Love Merchandized’

Money in Shakespeare’s Sonnets

Manfred Pfister

pleasure in his own privacy (sonnet 52, 1–4) – as Volpone does with his hoarded gold at the very beginning of Ben Jonson’s comedy of acquisitiveness and greed. Such ‘storing’ (sonnets 14, 37, 64) would be a ‘waste in niggarding’ (sonnet 1, 12) and only

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Katrin Röder and Christoph Singer

pleasant posye : contayning a hundred and ten phylosophicall flowers … (R. Jones, 1573), Sig. Diii l. 7. 10 Ibid., Sig. Diii l. 28. 11 Kathryn Pratt, ‘“Wounds still curelesse”: Estates of Loss in Mary Wroth's Urania ’, in Privacy, Domesticity, and