{"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
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.
{"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":null,"pages":null},"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":null,"pages":null},"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}
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.
{"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":null,"pages":null},"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}
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.
人们常说，经济平等是我们这个时代的关键问题。但是信息技术以对99%的人有益的方式使世界非物质化，因为信息可以共享。这篇文章探讨了信息革命的成果之一——共享经济——如何在供给和需求两方面都具有重要的均衡特征。首先，在供给方面，共享经济中的中介机构，如Airbnb和Uber，允许住房和汽车的所有者将他们最重要的资本资产货币化。这种经济的零工方面也创造了工作的现货市场，这些工作时间灵活，可以将人们的热情货币化，比如在家里做饭。这些福利使得这些工作比收入统计中不完美的收入更有价值。埃尔南多•德•索托(Hernando De Soto)的法律和经济学分析表明，创造产权和更正式的市场如何能够帮助发展中国家的穷人。在发达国家，共享经济对收入不高的人起到了类似的作用。其次，在需求方面，共享经济也为消费者创造了收益，这些收益主要流向了99%的人。Airbnb为他们在那些可能负担不起的地方找到了更便宜的住宿。但它的优势不仅仅在于价格。几乎在任何地方用智能手机叫一辆拼车，都比叫出租车更接近于拥有一名司机——这是财富的标志。罗纳德•科斯(Ronald Coase)的法律和经济学分析表明，用在线代理取代这些实体代理如何在很大程度上使收入中等的人受益。如果共享经济既具有效率特征，又具有均衡性，那么监管就必须小心，不要干扰它们。但由于共享经济允许新企业进入市场，现有企业将以新的监管措施加以应对，以阻碍新企业进入市场。本文提供了一种不同类型的监管的分类，以帮助保护均衡特征不受损害。文章最后展示了共享经济如何更普遍地对物质不平等日益加剧的传统说法提出了质疑。世界的非物质化为广泛共享消费提供了更多机会，就像在Facebook上那样，并改善了工作条件，尤其是对中产阶级来说。只有考虑到这些趋势，我们才能理解人们相对物质条件的变化。
{"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":null,"pages":null},"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}
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.
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{"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":null,"pages":null},"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":null,"pages":null},"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}
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