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The Emerging Genre of the Constitution: Kent Newmyer and the Heroic Age
University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2021 The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age Mary Sarah Bilder Follow this and additional works at: https://opencommons.uconn.edu/law_review Part of the Legal History Commons Recommended Citation Bilder, Mary Sarah, "The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age" (2021). Connecticut Law Review. 459. https://opencommons.uconn.edu/law_review/459 CONNECTICUT LAW REVIEW VOLUME 52 FEBRUARY 2021 NUMBER 4 Essay The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age MARY SARAH BILDER In written celebration of Kent Newmyer’s intellectual and collegial influence, this Essay argues that the written constitution was an emerging genre in 1787-1789. Discussions of the Constitution and constitutional interpretation often rest on a set of assumptions about the Constitution that arose in the years and decades after the Constitutional Convention. The most significant one involves the belief that a fixed written document was drafted in 1787 intended in our modern sense as A Constitution. This fundamental assumption is historically inaccurate. The following reflections of a constitutionalist first lay out the argument for considering the Constitution as an emerging genre and then turn to Kent Newmyer’s important influence. The Essay argues that the constitution as a system or frame of government and the instrument were not quite one and the same. This distinction helps to make sense of ten puzzling aspects of the framing era. 1263 The Emerging Genre of The Constitution: Kent Newmyer and the Heroic Age MARY SARAH BILDER * In written celebration of Kent Newmyer’s intellectual and collegial influence, this Essay argues that the written constitution was an emerging genre in 1787-1789. -
Keep Reading Wilson As a Justice
Wilson as a Justice MAEVA MARCUS* ABSTRACT James Wilson, a founding father of great intellect and promise, never ful®lled his potential as a Justice. This paper explores his experience on the Supreme Court and the reasons that led to his failure to achieve the distinction that was expected of him. James Wilson very much wanted to be the ®rst Chief Justice.1 But when George Washington denied him that honor and nominated him to be an Associate Justice, he accepted and threw himself into the work with characteristic industry.2 Other than a title and $500 more in annual salary3 (Wilson probably wanted this more than anything else), Wilson lost little. Life as an Associate Justice would be no different from life as the Chief. A Justice occupied one of the most exalted positions in the new government and was paid more than any other federal em- ployee, except the President and the Vice-President.4 Nominations were the sub- ject of ®erce competition.5 But in 1789 no one knew exactly what that job would entail. This paper gives the reader some idea of what a Justice, and speci®cally James Wilson, did in the 1790s.6 Wilson spent more of his time on the bench of circuit courts than he did on the Supreme Court bench; thus, this paper will focus signi®- cantly on his circuit court activities.7 And Wilson performed his circuit court * Currently Director of the Institute for Constitutional History at the New-York Historical Society and Research Professor at the George Washington University Law School and General Editor of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Maeva Marcus previously edited The Documentary History of the Supreme Court of the United States, 1789-1800, an eight-volume series completed in 2006. -
2016-2017 CCKF Annual Report
2016-2017 INTRODUCTION The Chiang Ching-kuo Foundation for International Scholarly Exchange (the Foundation) was established in 1989 in memory of the outstanding achievements of the late President of the Republic of China, Chiang Ching- kuo (1910-1988). The Foundation’s mission is to promote the study of Chinese culture and society, as well as enhance international scholarly exchange. Its principal work is to award grants and fellowships to institutions and individuals conducting Sinological and Taiwan-related research, thereby adding new life to Chinese cultural traditions while also assuming responsibility for the further development of human civilization. Operational funds supporting the Foundation’s activities derive from interest generated from an endowment donated by both the public and private sectors. As of June 1, 2017, the size of this endowment totaled NT$3.62 billion. The Foundation is governed by its Board of Directors (consisting of between 15 and 21 Board Members), as well as 3 Supervisors. Our central headquarters is located in Taipei, Taiwan, with a regional office near Washington D.C. in McLean, Virginia. In addition, the Foundation currently maintains four overseas centers: the Chiang Ching-kuo International Sinological Center at Charles University in Prague (CCK-ISC); the Chiang Ching-kuo Foundation Inter-University Center for Sinology at Harvard University (CCK-IUC); the Chinese University of Hong Kong – Chiang Ching-kuo Foundation Asia-Pacific Centre for Chinese Studies (CCK-APC); and the European Research Center on Contemporary Taiwan – A CCK Foundation Overseas Center at Eberhard Karls Universität Tübingen (CCKF-ERCCT). There are also review committees for the five regions covering the geographic scope of the Foundation’s operations: Domestic, American, European, Asia-Pacific and Developing. -
Annual Report 2020 1
ACLS Annual Report 2020 1 AMERICAN COUNCIL OF LEARNED SOCIETIES Annual Report 2020 2 ACLS Annual Report 2020 Table of Contents Mission and Purpose 1 Message from the President 2 Who We Are 6 Year in Review 12 President’s Report to the Council 18 What We Do 23 Supporting Our Work 70 Financial Statements 84 ACLS Annual Report 2020 1 Mission and Purpose The American Council of Learned Societies supports the creation and circulation of knowledge that advances understanding of humanity and human endeavors in the past, present, and future, with a view toward improving human experience. SUPPORT CONNECT AMPLIFY RENEW We support humanistic knowledge by making resources available to scholars and by strengthening the infrastructure for scholarship at the level of the individual scholar, the department, the institution, the learned society, and the national and international network. We work in collaboration with member societies, institutions of higher education, scholars, students, foundations, and the public. We seek out and support new and emerging organizations that share our mission. We commit to expanding the forms, content, and flow of scholarly knowledge because we value diversity of identity and experience, the free play of intellectual curiosity, and the spirit of exploration—and above all, because we view humanistic understanding as crucially necessary to prototyping better futures for humanity. It is a public good that should serve the interests of a diverse public. We see humanistic knowledge in paradoxical circumstances: at once central to human flourishing while also fighting for greater recognition in the public eye and, increasingly, in institutions of higher education. -
Book Spring 2006.Qxd
Pauline Yu Comparative literature in question Comparative literature is at once a subject butions to a substantial body of writings of study, a general approach to literature, a on the nature of comparative literature. series of speci½c methods of literary histo- As Weisinger and Joyaux suggest, ry, a return to a medieval way of thought, there has been scant consensus about a methodological credo for the day, an ad- the de½nition and purpose of the ½eld ministrative annoyance, a new wrinkle in from its very inception. Debates have university organization, a recherché aca- been waged about its name and what demic pursuit, a recognition that even to call those who practice it. Disputes the humanities have a role to play in the have swirled about whether or not their affairs of the world, close-held by a cabal, task is one of comparison. Questions invitingly open to all . 1 have been raised about whether or not whatever it is they do constitutes a disci- pline, producing delight, consternation, o begins the foreword to Herbert S or despair in the hearts of those who Weisinger’s and Georges Joyaux’s trans- care. Like the humanities as a whole, lation of René Etiemble’s The Crisis in comparative literature seems to face one Comparative Literature, published in 1966 ‘challenge’ after another and to exist in a and itself one of many polemical contri- state of perpetual ‘crisis,’ as even a quick glance at the titles of numerous works Pauline Yu, a Fellow of the American Academy on the subject can con½rm. -
Changing Approaches to Interpretation
CHANGING APPROACHES TO INTERPRETATION: TWENTIETH CENTURY RE-CREATIONS OF CLASSICAL CHINESE POETRY ROSLYN JOY RICCI 2006 Thesis submitted for the degree of Master of Arts Chinese Studies Centre for Asian Studies School of Social Science University of Adelaide September 2006 TABLE OF CONTENTS Page TITLE PAGE ……………………………………………………………………………………………….....i TABLE OF CONTENTS …………………………………………………………………………………… ii ABSTRACT ………………………………………………………………………………………………… iv DECLARATION …………………………………………………………………………………………….. v ACKOWLEDGENMENTS …………………………………………………………………………………. vi INTRODUCTION …………………………………………………………………………………………… 1 Plan and Problem …………………………………………………………………………………………….. 1 Thesis and Questions ………………………………………………………………………………………… 3 Significance ………………………………………………………………………………………………….. 3 Definitions of Terminology ………………………………………………………………………………….. 4 Methodological Approach …………………………………………………………………………………… 7 Scope of Thesis ………………………………………………………………………………….................... 8 Context for Focus ……………………………………………………………………………………............ 9 Specific Tensions for the Genre ………………………………………………………………………….... 17 Anticipated Outcomes ……………………………………………………………………………………... 25 1 POUND AND WALEY: SETTING THE SCENE …………………………………………………….. 26 Introduction ………………………………………………………………………………………………… 26 Pound: The Early Years …………………………………………………………………………………… 27 Waley’s Way ………………………………………………………………………………………………. 50 Comparative Analysis ……………………………………………………………………………………… 61 Significant Influences ……………………………………………………………………………………… 70 Recapitulation ……………………………………………………………………………………………… -
The Heart of the Matter
american academy of arts & sciences The Heart of the Matter The Humanities and Social Sciences for a vibrant, competitive, and secure nation Who will lead America into a bright future? Citizens who are educated in the broadest possible sense, so that they can participate in their own governance and engage with the world. An adaptable and creative workforce. Experts in national security, equipped with the cultural understanding, knowledge of social dynamics, and language proficiency to lead our foreign service and military through complex global conflicts. Elected officials and a broader public who exercise civil political discourse, founded on an appreciation of the ways our differences and commonalities have shaped our rich history. We must prepare the next generation to be these future leaders. commission on the humanities and social sciences The Heart of the Matter american academy of arts & sciences Cambridge, Massachusetts © 2013 by the American Academy of Arts and Sciences All rights reserved. isbn: 0-87724-096-5 The views expressed in this volume are those held by the contributors and are not necessarily those of the Officers and Fellows of the American Academy of Arts and Sciences. The Heart of the Matter is available online at http://www.amacad.org. Please direct inquiries to: American Academy of Arts & Sciences 136 Irving Street Cambridge, MA 02138-1996 Phone: 617-576-5000 Email: [email protected] www.amacad.org 5 Members of the Commission on the Humanities and Social Sciences 6 Acknowledgments 9 Executive Summary 15 Introduction -
Imagining the Future of China Studies”
1 — Not for citation without permission — “Made in the US/Made in China: Imagining the Future of China Studies” Fairbank Center 50th Anniversary Conference Harvard University December 9, 2005 Pauline Yu President, American Council of Learned Societies Let me begin by quoting a radio news story that caught my attention, a report from Beijing correspondent Anthony Kuhn that aired two months ago on National Public Radio’s Morning Edition.1 The story focused on the consequences of China’s rapid economic growth, which— while mostly positive—have also increased social inequality, official corruption, and produced a loss of any sense of collective purpose, since Communism can no longer be held up as the nation-state’s guiding star. The Chinese leadership, correspondent Kuhn noted, had “cracked down” hard on more than 74,000 protests against current policies, but was about to issue a new blueprint for development that puts “more of an emphasis on the equality and sustainability of economic growth.” What I found particularly noteworthy was his description at the end of the report of the party-state’s future leaders: But I think the main thing is that during this [upcoming] plenum [of the Communist Party Central Committee] we can expect to see the rise of a younger, different group of leaders. During [previous president] Jiang Zemin’s era, most of the leaders were Soviet-trained engineers. Now a lot of them are going to have more of a background in the humanities [my emphasis] and that’s going to help [President Hu Jintao’s] development strategy to place the emphasis on more humane development. -
A Bicentennial Symposium OUR MARBURY 89 Virginia LR 1235
Marbury v. Madison: A Bicentennial Symposium OUR MARBURY* 89 Virginia LR 1235 (2003) ** Louise Weinberg INTRODUCTION. 1236 I. CHIEF JUSTICE MARSHALL’S FIRST DECISION (AND HOW TO READ IT) . 1245 II. PROBING THE CONVENTIONAL NARRATIVE. 1260 A. Of Effrontery and Retreat. 1260 B. Burr. 1265 C. Of Guts and Federalism . 1267 D. Righteous Anger. 1272 E. Why Do We Think Jefferson Would Not Have Complied?. 1275 F. The Courage to Tangle with the Chief Justice. 1277 G. Stuart v. Laird . 1281 H. The Impeachment of Justice Chase. 1287 I. Noncompliance . 1294 J. Why Marbury Lost . 1296 III. MARBURY’S MISSING ARGUMENT: THREE FUNCTIONS OF THE HOLDING ON JURISDICTION . 1297 IV. MARBURY’S STRAINED AND IMPLAUSIBLE STATUTORY CONSTRUCTION . 1303 A. Charles Lee’s Jurisdictional Problem . 1303 B. What Statutory Construction? . 1310 C. The Question for Decision . 1316 D. How Jurisdiction Cases Are Decided . 1317 E. Disembodied Mandamus: The Alleged Precedents . 1321 * This paper was presented at the Annual Meeting of the Association of American Law Schools in Washington, D.C., Jan. 4, 2003. A faculty colloquium based on an earlier draft was presented at the University of Texas Law School. My thanks to co-symposiasts John Hart Ely, Robin West, Michael Dorf, Chris Eisgruber, and Ted White for valuable perspectives. I am grateful to Stuart Benjamin, Mitch Berman, Philip Bobbitt, David Cruz, Calvin Johnson, Doug Laycock, Sandy Levinson, Tony Lewis, and Scot Powe for generous comments and other helps. I would like to acknowledge the splendid resources now accessible to scholars. We have Maeva Marcus’s collection of documents on the history of the Supreme Court, including early unpublished opinions. -
Schwarzman Scholars 2015 Progress Report
Schwarzman Scholars 2015 Progress Report Schwarzman Scholars 2015 Progress Report | 2 A Year in Summary The Schwarzman Scholars Program has made significant progress across all areas of the program’s development: student recruitment and admissions, academic affairs and faculty recruitment, Schwarzman College construction, marketing and communications, and capital and endowment fundraising. As a result of these multifaceted efforts and initiatives, the program is now accepting applications for the inaugural class, is on track to complete construction of Schwarzman College on Tsinghua University’s campus in early 2016, and is preparing for the matriculation of the first class of Schwarzman Scholars in July 2016. The Schwarzman Scholars program is most grateful for the generous support of the Boeing Company and looks forward to continuing this meaningful and impactful partnership. Aerial rendering of Schwarzman College, due to open in early 2016 Schwarzman Scholars 2015 Progress Report | 3 Application Requirements and Eligibility With the application now live on the Schwarzman Scholars website, the rigorous selection process commences. Eligible applicants will have already received an undergraduate degree or first degree from an accredited college or university, be fully proficient in English, and be between the ages of 18 and 28. Applications will include a personal statement, two essays, three letters of recommendation, and academic records to be evaluated by a team of global admissions professionals. Applicants will be evaluated by panels of readers and interviewers who will look for academic excellence (choosing candidates who were in the top of their graduating class, as determined by the grading system used in each country/university) and demonstrated potential for leadership. -
Curriculum Vitæ Shwest Cv Name: Stephen H
SHWest cv Curriculum Vitæ SHWest cv Name: Stephen H. West 奚如谷 Address: 1853 E. Colgate Dr., Tempe, AZ 85283–2250 (480) 225–4589 Email: [email protected] Education 1961–2 Arizona State College, Flagstaff, AZ 1963–4 U.S. Air Force Chinese Language School, Indiana University. Certificate 1964–6 University of Maryland, Extension, Kadena AFB, Okinawa 1966–7 University of Arizona, Oriental Studies, Tucson, AZ B.A. Cum Laude 1968 University of Texas, Austin Summer: Japanese 1968–9 University of Arizona, Oriental Studies, Tucson, AZ M.A. 1969–70 Australian National University, ACT (Ph. D. Research) 1970 University of Minnesota, Minneapolis, MN Summer: Chinese 1970–2 University of Michigan, Far Eastern Lang. and Lit., Ann Arbor Ph. D. 1977 Goethe Institute, Prien am Chiemsee, Germany Certificate: Mittelstufe II Positions Held Administrative Director of Graduate Studies, East Asian Faculty, School of International Letters and Cultures, Arizona State University 2008–2013 Head, East and Southeast Asian Faculty, School of International Letters and Cultures, Arizona State University 2004–2006; 2011–2013 Chairman, Board of Senior Fellows, Garden and Landscape Studies, Dumbarton Oaks, 2004–08 Member, Board of Senior Fellows, Garden and Landscape Studies, Dumbarton Oaks, 2001–08 Director of Graduate Studies, East Asian Languages and Cultures, UC Berkeley 1998–2004 Executive Director, Inter-University Board for Chinese Language Studies (A consortium including UC Berkeley, Stanford, University of Washington, University of California, Los Angeles, University of Chicago, University of Michigan, Indiana University, University of Wisconsin, Yale University, Harvard University, Columbia University, Cornell University, University of Pennsylvania, University of British Columbia). Overseas program at Tsinghua University, Beijing. -
East Asian Languages and Literatures Yale University P.O. Box 208236 New Haven, CT 06520-8236 [email protected]
PAULINE LIN East Asian Languages and Literatures Yale University P.O. Box 208236 New Haven, CT 06520-8236 [email protected] EDUCATION: Harvard University, Ph.D. in East Asian Languages and Civilizations, 1999. Fields in Classical Chinese Poetry and Early Chinese Art. (Advisors: Stephen Owen and Wu Hung) Harvard University, MA in East Asian Languages and Civilizations, 1994. Columbia University, Exchange Scholar, 1987. (Advisor: Pauline Yu) Harvard-Radcliffe College, BA in Literature, magna cum laude, 1987. EMPLOYMENT EXPERIENCE: 2012- Present Senior Lecturer, Department of East Asian Languages and Literatures, Yale University 2006-2012 Assistant Professor, Bryn Mawr College, East Asian Studies and Comparative Literature. Jye Chu Assistant Professor in Chinese Studies, 2007- 2011. 2003 Visiting Assistant Professor, East Asian Studies, Wesleyan University. 2002-2006 Lecturer, Department of East Asian Languages and Literatures, Yale University. 2001 Fellow, Institute of Connoisseurship in Chinese Painting and Calligraphy, Sackler Museum and Freer Gallery, Washing D.C. 2001. Sponsored by the Henry Luce Foundation. ACADEMIC HONORS AND GRANTS: 2007-08, 2010-11 Bryn Mawr College Faculty Grant. 2007-2011 Bryn Mawr College Jye Chu Lectureship in Chinese Studies. 2001 Institute of Connoisseurship in Chinese Painting and Calligraphy Fellowship, sponsored by the Luce Foundation, 2001. 1994 Graduate Society Fellowship, Harvard University, 1994. 1993-94 Chiang Ching-kuo Foundation Dissertation Fellowship, 1993-94. 1991-92 China Times Cultural Foundation Dissertation Fellowship, 1991-92. 1991-92 Certificate of Distinction in Teaching, Harvard University, 1991-92. 1984-87 Harvard College Scholarship and Elizabeth Cary Agassiz Award, 1984-87. PUBLICATIONS: • “Ying Qu” in Early Medieval Chinese Texts: A Bibliographic Guide, ed.