Research Archive


Related to Constitutional Law/First Amendment [SSRN indicates available online via Social Science Research Network at http://ssrn.com/author=1791345]

Obscenity, Pornography, and the Law in Japan: Reconsidering Oshima's In the Realm of the Senses, 4 Asian-Pacific Law & Public Policy Journal 148 (2002).  [SSRN]  An earlier version of this article was presented at the annual conference of the Popular Culture Association, Toronto, 2002.
 
"Enchanting and Enticing Images: Ideological Foundations and Enduring Issues Regarding the Origins of Child Pornography Law in America - The Child Portraits of C. L. Dodgson," paper presented at the annual conference of the Popular Culture Association, New Orleans, April 2004. A section of this paper was later expanded into a full-length study published in The Carrollian (below) and another section into a study of the evolution of  19th century obscenity law in England (also below).

The Maturity of a Film Genre in an Era of Relaxing Standards of Obscenity: Takashi Ishii's Freeze Me as a Rape-Revenge Film, 36 Senses of Cinema (July-September 2005). [SSRN]  An earlier version of this article was presented at the annual conference of the Eastern Communication Association, Pittsburgh, April 2005.

Sentiment and Aesthetics in Victorian Photography: The Child Portraits of C. L. Dodgson," 17 The Carrollian, The Lewis Carroll Journal 1-67 (2006). (entire journal issue, including 20 photographic illustrations) [SSRN]. This issue was published in late 2007 and copies are available from the Lewis Carroll  Society (UK).  Interested scholars are encouraged to contact the author. The study includes:

Kingsley International Pictures v. Board of Regents, case précis in 2 Encyclopedia of the First Amendment 643 (2 vols., eds. David Hudson, David Schultz, and John Vile, CQ Press, 2009).

Roth at Fifty: Reconsidering the Common Law Antecedents of American Obscenity Doctrine, 41 John Marshall Law Review 393 (2008). [SSRN] This is an edited and expanded version of an interpretive paper on the seminal case of Regina v. Hicklin (UK 1868) presented at the annual conference of the Midwest Political Science Association, Chicago, April 2007.

Richardson and Copyright, 52 Notes & Queries 219 (June 2012). [SSRN] This research note references the context of a copyright case cited  in 2 Abr. Ca. Eq. 524 (1740 UK) in which an interlocutory injunction was granted nisi under the Statute of Anne by Lord Chancellor Hardwicke to Samuel Richardson regarding an unauthorized publication of his Pamela; or, Virtue Rewarded (1740) but for which no published nominate report exists.

"Swarms and Trolls - Recent Trends in Copyright of Obscene Materials," paper presented at the annual conference of the Popular Culture Association, Washington DC, March 2013. [SSRN]

Evil Angel Eulogy: Reflections on the Passing of the Obscenity Doctrine in Copyright, 20 Journal of Intellectual Property Law 209 (Spring 2013). [SSRN] This is an historical examination of the development and ultimate abandonment of the obscenity ('unclean hands') defense in copyright under English and American law.

Libel and Copyright in the Satire of Peter Pindar, 64 Notes & Queries 497 (September 2017). [SSRN] Research note on the implications of the Chancery case of Walcot v. Walker (1802), which established the principle of an affirmative obscenity-based defense in copyright.

Chasing Echoes of Obscenity Exceptionalism in Copyright: Recent Swarm Cases, 17 Chicago-Kent Journal of Intellectual Property ___ (forthcoming Fall 2017). [SSRN] This is a detailed examination of recent (2011-2017) federal district court rulings regarding claims of file-sharing copyright infringement of pornographic films and their intermittent reference to the doctrine of content-neutrality in copyright - considered established in 1979 - as still "an open question," from both contemporary and historical perspectives.

Publishing Peter Pindar: Production, Profits and Piracy in Georgian Satire, 112 Papers of the Bibliographical Society of America ___ (forthcoming 2018). Documentation of the Pindar publishing canon and calculation of its production and profit scale to demonstrate why he may have sold his copyrights in 1794 and filed a copyright infringement in 1802, which was lost (or arguably judicially deferred) in Walcot v. Walker.


Related to Constitutional Federalism [copies generally available online]

State Sovereignty Under the Federal System: Constitutional Protections Under the Tenth and Eleventh Amendments, 16 Publius, The Journal of Federalism 1 (1986).

Congressional Preemption of State Policy: Interpreting the Garcia Decision, 16 Policy Studies Journal 479 (1988).

Dillon's Rule Under the Burger Court: The Municipality Liability Cases, 18 Publius, the journal of federalism 127 (1988).


Related to the America's Industrial Heritage Project

Jaybird; A. J. Moxham and the Manufacture of the Johnson Rail  (Johnstown Area Heritage Association 1991) - posted with permission.  [go]

Technological Innovation in Early Street Railways: The Johnson Rail in Retrospective, 164 Railroad History 64 (1991).

Technological Innovation in Steel Fabrication: Marketing and Production Considerations in the Development of the Johnson Rail, 20 Business and Economic History  2d series, 210 (1991).

The Johnson Steel Street Rail Company; A Project Report (Historic American Engineering Record/America's Industrial Heritage Project, 1988). Original copy in the Library of Congress, other copies at the Johnstown Area Heritage Association and Cambria County Library. Attached here are:

Unpublished bibliographical essay of A. J. Moxham's role in the establishment and formation of Dominion Iron and Steel Company (DOMCO) in Cape Breton, Nova Scotia, 1893-1905.  [go]

Arthur J. Moxham, 16 American National Biography 45 (ed. John Garrity, Oxford 2000).

Documenting and Interpreting Immigrant Communities: Johnstown, Pennsylvania, 1840-1920, An Undergraduate Research Training Model, presented at the annual conference of the Social Science History Association, 1996.  [go]

Cambria City Historic District Walking Tour (as revised 2008) - photographic essay now an on-line posting of the Johnstown Area Heritage Association.  [go]  


June 2017