Notre Dame Law Review最新文献

{"title":"5. Enlightening the Virgin","authors":"J. Ziolkowski","doi":"10.11647/obp.0147.05","DOIUrl":"https://doi.org/10.11647/obp.0147.05","url":null,"abstract":"","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"54 1 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78451326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"7. The Great War and Its Aftermath","authors":"J. Ziolkowski","doi":"10.11647/OBP.0147.07","DOIUrl":"https://doi.org/10.11647/OBP.0147.07","url":null,"abstract":"","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":" 11","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72379882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"1. The Composer","authors":"J. Ziolkowski","doi":"10.11647/obp.0147.01","DOIUrl":"https://doi.org/10.11647/obp.0147.01","url":null,"abstract":"","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"89 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79397146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Juggler of Notre Dame and the Medievalizing of Modernity. Volume 5: Tumbling into the Twentieth Century","authors":"J. Ziolkowski","doi":"10.11647/obp.0148","DOIUrl":"https://doi.org/10.11647/obp.0148","url":null,"abstract":"This ambitious and vivid study in six volumes explores the journey of a single, electrifying story, from its first incarnation in a medieval French poem through its prolific rebirth in the nineteenth and twentieth centuries. The Juggler of Notre Dame tells how an entertainer abandons the world to join a monastery, but is suspected of blasphemy after dancing his devotion before a statue of the Madonna in the crypt; he is saved when the statue, delighted by his skill, miraculously comes to life. Jan Ziolkowski tracks the poem from its medieval roots to its rediscovery in late nineteenth-century Paris, before its translation into English in Britain and the United States. The visual influence of the tale on Gothic revivalism and vice versa in America is carefully documented with lavish and inventive illustrations, and Ziolkowski concludes with an examination of the explosion of interest in The Juggler of Notre Dame in the twentieth century and its place in mass culture today. In this volume Jan Ziolkowski follows the juggler of Notre Dame as he cavorts through new media, including radio, television, and film, becoming closely associated with Christmas and embedded in children’s literature. Presented with great clarity and simplicity, Ziolkowski's work is accessible to the general reader, while its many new discoveries will be valuable to academics in such fields and disciplines as medieval studies, medievalism, philology, literary history, art history, folklore, performance studies, and reception studies.","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"2 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78857261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rediscovering Corfield v. Coryell","authors":"Gerard N. Magliocca","doi":"10.2139/SSRN.3254489","DOIUrl":"https://doi.org/10.2139/SSRN.3254489","url":null,"abstract":"95 Notre Dame L. Review (2018)","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"12 1","pages":"701"},"PeriodicalIF":0.9,"publicationDate":"2018-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75411228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Empowering the Poor: Turning De Facto Rights into Collateralized Credit","authors":"S. Schwarcz","doi":"10.2139/SSRN.3167507","DOIUrl":"https://doi.org/10.2139/SSRN.3167507","url":null,"abstract":"The shrinking middle class and the widening gap between the rich and the poor threaten social and financial stability. Though sometimes identified as a problem of developing countries, the inability of the poor to use as collateral their de facto rights in property, in order to borrow and start small businesses, impedes upward mobility is nearly all countries. Efforts to solve this problem have failed because they focus on transforming de facto rights into de jure title under property law, which is tightly bound to tradition and protecting vested ownership, and also because some countries have weak or conflicting property-law regimes. Credit, however, is a commercial law concept, and modern commercial law increasingly recognizes important policy goals and realities as a justification for overriding traditional property-law limitations. This Article analyzes why commercial law should allow the poor to use their de facto rights as collateral, thereby empowering them with credit and facilitating a radically new conception of sustainable finance—attracting arm’s length funding, rather than being dependent on limited or unreliable charitable sources.","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"19 1","pages":"1"},"PeriodicalIF":0.9,"publicationDate":"2018-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87721043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Sharing Economy as an Equalizing Economy","authors":"John O. McGinnis","doi":"10.2139/SSRN.3225868","DOIUrl":"https://doi.org/10.2139/SSRN.3225868","url":null,"abstract":"Economic equality is often said to be the key problem of our time. But information technology dematerializes the world in ways that are helpful to the 99 percent, because information can be shared. This essay looks how one fruit of the information revolution—the sharing economy—has important equalizing features on both its supply and demand side. First, on the supply side, the intermediaries in the sharing economy, like Airbnb and Uber, allow owners of housing and cars to monetize their most important capital assets. The gig aspect of this economy also creates spot markets in jobs that have flexible hours and monetize people’s passions, such as cooking meals in their home. Such benefits make these jobs even more valuable than the earnings that show up imperfectly in income statistics. The law and economics analysis of Hernando De Soto has shown how creating property rights and more formal markets can help those of modest means in the developing world. The sharing economy performs a similar function for people of modest means in the developed world. Second, on the demand side, the sharing economy also creates gains for consumers that largely go to the 99 percent. Airbnb finds them cheaper accommodations in places that may have been unaffordable. But the advantages go beyond price. Summoning a ridesharing car almost anywhere with the press of smart phone is a much closer approximation of having a chauffeur— a hallmark of wealth—than hailing a taxi. The law and economics analysis of Ronald Coase shows how replacing such physical agents with online agents redounds largely to the benefit of those with modest incomes. If the sharing economy has equalizing as well as efficiency features, regulations must be careful not to disturb them. But because the sharing economy permits new entry into markets, incumbents will respond with new regulatory efforts to hamper it. The essay provides a taxonomy of the different kinds of regulation to help preserve the equalizing features from being impaired. The essay ends by showing how the sharing economy more generally problematizes the conventional story of growing material inequality. The dematerialization of the world provides greater opportunities for broadly shared consumption, like that on Facebook, and improves working conditions, particularly for the middling classes. Only by taking account of these trends can we understand the changing relative material conditions of people.","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"52 1","pages":"329-369"},"PeriodicalIF":0.9,"publicationDate":"2018-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88754750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Juggler of Notre Dame and the Medievalizing of Modernity. Volume 3:\u0000 The American Middle Ages","authors":"J. Ziolkowski","doi":"10.11647/OBP.0146","DOIUrl":"https://doi.org/10.11647/OBP.0146","url":null,"abstract":"This ambitious and vivid study in six volumes explores the journey of a single, electrifying story, from its first incarnation in a medieval French poem through its prolific rebirth in the nineteenth and twentieth centuries. The Juggler of Notre Dame tells how an entertainer abandons the world to join a monastery, but is suspected of blasphemy after dancing his devotion before a statue of the Madonna in the crypt; he is saved when the statue, delighted by his skill, miraculously comes to life. Jan Ziolkowski tracks the poem from its medieval roots to its rediscovery in late nineteenth-century Paris, before its translation into English in Britain and the United States. The visual influence of the tale on Gothic revivalism and vice versa in America is carefully documented with lavish and inventive illustrations, and Ziolkowski concludes with an examination of the explosion of interest in The Juggler of Notre Dame in the twentieth century and its place in mass culture today. Volume 3: The American Middle Ages hinges upon two figures influenced by the juggler: Henry Adams, scion of Presidents and distinguished cultural historian whose works contributed to the rise of medievalism in America during the Gilded Age, and Ralph Adams Cram, the architect whose vision of Gothic accounts directly or indirectly for the campuses of West Point, Princeton, Yale, Chicago, Notre Dame, and many other universities across America. The Juggler of Notre Dame and the Medievalizing of Modernity is a rich case study for the reception of the Middle Ages in modernity. Spanning centuries and continents, the medieval period is understood through the lens of its (post)modern reception in Europe and America. Profound connections between the verbal and the visual are illustrated by a rich trove of images, including book illustrations, stained glass, postage stamps, architecture, and Christmas cards. Presented with great clarity and simplicity, Ziolkowski's work is accessible to the general reader, while its many new discoveries will be valuable to academics in such fields and disciplines as medieval studies, medievalism, philology, literary history, art history, folklore, performance studies, and reception studies.","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"24 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90072922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"5. The Rise of Collegiate Gothic","authors":"J. Ziolkowski","doi":"10.11647/obp.0146.05","DOIUrl":"https://doi.org/10.11647/obp.0146.05","url":null,"abstract":"","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"8 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82673619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"4. The Boston Bohemians","authors":"J. Ziolkowski","doi":"10.11647/OBP.0146.04","DOIUrl":"https://doi.org/10.11647/OBP.0146.04","url":null,"abstract":"","PeriodicalId":47176,"journal":{"name":"Notre Dame Law Review","volume":"60 6","pages":""},"PeriodicalIF":0.9,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72394279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}