Digital Commons Network^™

Disclosure Of Child Sexual Abuse: The Case Of Pacific Islanders, Hong Xiao

Hong Xiao

A number of factors influence the disclosure of child sexual abuse by survivors. While the influence of race and ethnicity on disclosure patterns is getting more attention, little has been written on abused children of Pacific Islanders, due in part to both lack of relevant data and a relatively small Pacific Islander population in the United States. Drawing on interviews with Pacific Islander women who were sexually abused in childhood and who delayed revealing their victimization, we explore the reasons for delayed disclosure. Findings suggest that cultural norms and family dynamics affect disclosure decisions. Concerns for the family and self-blame …

Waiting For Giorgio, Ananya Vajpeyi

Ananya Vajpeyi

No abstract provided.

Constructing A Shared Identity In Deeply Divided Societies, John M. Nagle

John M Nagle

In order to bolster sustainable peacebuilding in violently divided societies, a normative suggestion is that efforts should be made to construct a shared public identity that overarches ethnic divisions. A number of different centripetal/transformationist processes are identified as engendering a shared identity in comparison to consociational arrangements, which are accused of institutionalizing ethnic differences and perpetuating conflict. These transformationist approaches essentially rest on the premise that since ethnicity is constructed it can be reconstructed into new shared forms. Looking at Northern Ireland, we argue there are limits to the extent that ethnicity can be reconstructed into shared identities. By analysing …

Key Change: The Role Of The Creative Industries In Climate Change Action, Tim Hollo

Matthew Rimmer

The role of the creative industries – arts and artists – in helping to drive the changes in laws and behaviours that are necessary to tackle climate change, while not superficially obvious, is a deep one. Arts and artists of all kinds, as cultural practitioners, have been closely entwined with social change and social control since time immemorial, in large part because they help shape our understanding of the world, framing ideas, prefiguring change, and opening hearts and minds to new ways of thinking. They have played a major role in campaigns for law reform on many issues, and climate …

Mount Tom Self-Transformation Retreat: Designing Experiential Architecture To Provoke Stimulatory, Expressive And Sensory Self-Exploration, Kyle B. Young

Kyle B Young

The environment evolved five human senses; through these receptors the majority of us experience life. Or do we? The a vast majority of our daily landscape resides enclosed, shut off from the exterior; separating people from the elements, organizing and distributing the multitude of functions that affect how we live and feel. The mental state of society is poor, the “daily dis-ease” of we wrestle with; stress, emotions, fatigue, exhaustion, disconnection suck the life out of the moments we live to barely even see. These interactions and experiences we encounter in, on, under and around the architectural forms we travel …

The Cisg In Israel, Dr. Yehuda Adar

Yehuda Adar Dr.

This article reviews the status of the CISG in the Israeli legal system. The survey reveals that the attitude of the Israeli courts toward international sales laws has in the past been rather ambivalent. The author argues that while some decisions of the Supreme Court have ignored the international context without a sufficiently clear reason, most of the cases where the convention was actually applied reflect a sympathetic approach toward the idea of a uniform international law of sales. Furthermore, on the last occasion in which the CISG was heavily relied upon by the Supreme Court, the Court’s analysis reflected …

Capacity Building And The Afghan National Police Views From The Frontline, Gordon Marnoch, Gavin Boyd

Gordon Marnoch

The article reports on a study of an intelligence management capacity building programme involving former Police Service of Northern Ireland officers mentoring members of the Afghan National Police. The study contributes to the formative evaluation of a policy transfer based on principles and practices developed in Northern Ireland. A short discussion of Afghanistan, policing, intelligence management and policy transfer is provided, before attention is given to the capacity building programme. The study is context rich drawing on qualitative data. Analysis draws on face to face interviews conducted with mentors working with the ANP during 2010-2012. Interview questions were broad in …

The Media And Armed Conflict, Philip Hammond

Philip Hammond

No abstract provided.

The Impact Of Information Disclosure On Goodwill Impairment In Merger And Acquisition Decision In Nigerian Banks, Yusuf Alkali Muhammad

Yusuf Alkali Muhammad

The need for quality accounting information is to bring investors’ in an economy. Investors require financial position of business asset to be prepared in line with the international accounting standards. Investment decision really on the quality of information received on the business. Assets and liabilities porting is part of good accounting reporting. Therefore, Goodwill as an asset requires quality reporting in accordance to the Nigerian GAAP. Recognition of Goodwill in accounting reporting has been a major challenging issue even though its recognition has been provided in the accounting regulations. Provision of goodwill impairment in Nigerian banks has been provided on …

The Rule Of Law In Cyberspace, Mireille Hildebrandt

Mireille Hildebrandt

This is a translation of my inaugural lecture at Radboud University Nijmegen. The Dutch version has been published as a booklet, the English version in available on my bepress site.

The First Amendment Right To Bare All: How Should Courts Apply The Secondary Effects Doctrine To Strip Bars And Other Sexually Oriented Businesses?, Andrew L. Arons

Andrew L Arons

The U.S. Supreme Court has developed a deferential First Amendment Doctrine that can be used to uphold laws that target speakers on the basis of the content of their speech. This so-called “secondary effects” doctrine relies on a fictional premise: state and local laws that target certain forms of speech are actually aimed at the adverse secondary effects of the speech. The doctrine supposedly applies to any form of speech that produces secondary effects. It also theoretically permits targeted speakers to challenge the constitutionality of such laws by disproving the existence of secondary effects. Nevertheless, lower courts have impliedly limited …

Major Events And The Collective Memory Of Conflicts, Rafi Nets-Zehngut

Rafi Nets-Zehngut

Purpose – Collective memory of conflicts is assembled around major events, such as, in the context of the Israeli-Palestinian conflict, the 1948 Palestinian exodus from the central cities of Lydda and Ramla. To date, however, various theoretical aspects of major events of conflicts have not been considered in the literature. This article aims to address this lack by exploring for the first time the way in which the causes for that exodus were presented in Israel from 1949 to 2005. Design/methodology/approach – Methodologically, this is based on studies that have analyzed separately the publications by various Israeli state establishments (e.g. …

Informal Opportunity Among Smes: An Empirical Study Of Denmark’S Underground Economy, Shahamak Rezaei, Marco Goli, Leo Paul Dana

Leo- Paul Dana

Based on interviews with (legal and illegal) immigrants to Denmark, meetings with stakeholders and with experts in the field, this article addresses issues regarding the underground economy. Our findings show that, in Denmark, the existence of an underground economy makes it possible for semi-compliant and non-compliant immigrants to make a living. We suggest that the underground economy in Denmark will continue to provide networks of illegal residents with opportunities for informal economic activities as trust allows entrepreneurs to function below the radar, by owning enterprises registered using the names of people who are legally in this country.

The Role Of Alcohol In Forging And Maintaining Friendships Amongst Scottish Men In Mid-Life, Carol Emslie, Kate Hunt, Antonia Lyons

Dr Carol Emslie

Objective: Men drink more heavily and are more likely to die from alcohol-related causes than women. Most alcohol research focuses on young drinkers. We describe the context of men’s drinking in mid-life and explore how alcohol is associated with the construction of masculinities.

Methods: Qualitative research was used to examine the social context of drinking alcohol. We conducted 15 focus groups (single and mixed sex) with respondents in the west of Scotland, UK. Here, we focus on the findings from 22 men aged 28 to 52 years.

Results: Men regarded drinking pints of beer in the pub together as an …

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …

The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, Steven J. Silver

Steven Silver

Once relegated to the Nevada desert and New Jersey shore, gambling is now everywhere in the United States. State governments strapped for cash and desperate for increased tax revenues are welcoming gambling with open arms as forty-three states sponsor lotteries and twenty-three states house casinos. Despite this gaming boom, the ease of access to casinos has not deterred entrepreneurs from successfully creating an offshoot industry of “convenience casinos.” Convenience casinos are simply Internet cafes that sell Internet time cards attached with instant-win sweepstakes entries, much like the code underneath a Coke bottle or a McDonald’s Monopoly game piece. Although seemingly …

Leaving The Dale To Be More Fair: On Cls And First Amendment Jurisprudence, Mark Strasser

Mark Strasser

In Christian Legal Society of the University of California, Hastings College of Law v. Martinez, the Supreme Court upheld the Hastings College of Law’s requirement that all recognized student groups have an open membership policy. The decision has been criticized for a variety of reasons, e.g., that the Court conflated the First Amendment tests for speech and association. What has not been adequately explored is the degree to which the Court has modified limited purpose public forum analysis in the university context over the past few decades, resulting in a jurisprudence that is virtually unrecognizable in light of the more …

A Line In The Sand: The Affair Between Henry Ii And Thomas Becket, Deana Perry

Deana Perry

No abstract provided.

The Skeptic's Guide To Information Sharing At Sentencing, Ryan W. Scott

Ryan W. Scott

The “information sharing” model, a leading method of structuring judicial discretion at the sentencing stage of criminal cases, has attracted broad support from scholars and judges. Under this approach, sentencing judges should have access to a robust body of information, including written opinions and statistics, about previous sentences in similar cases. Armed with that information, judges can conform their sentences to those of their colleagues or identify principled reasons for distinguishing them, reducing inter-judge disparity and promoting rationality in sentencing law. This Article takes a skeptical view, arguing that information sharing suffers from three fundamental weaknesses as an alternative to …

The Story Of An Eminently Forgettable Teacher Of English Told In His Own Words, Bibudhendra Narayan Patnaik

Bibudhendra Narayan Patnaik

No abstract provided.

Reconstructing Race: A Discourse-Theoretical Approach To A Normative Politics Of Identity, Andrew Pierce

Andrew J. Pierce

This paper aims to get clear on the normative implications of the idea that race is a “social construction,” not just for political practice in non-ideal societies where racial oppression remains, but in “ideal” (presumably non-racist) societies as well. That is, I pursue the question of whether race and/or racial identity would have any legitimate place in an ideally just society, or to state it another way, whether the concept of race can be extricated from the history of racial oppression from which it arose. The position I defend is a version of what has come to be called a …

Honor Amongst Thieves: Organized Crime And The Illicit Antiquities Trade, Kimberly L. Alderman

Kimberly L. Alderman

Government agencies, non-profits, scholars, and advocacy groups alike assert that organized crime dominates the illicit antiquities trade. The illicit antiquities trade has been linked to money laundering, extortion, the drug and arms trades, terrorism and insurgency, and even slavery. This Article considers the connection between organized crime and the illicit antiquities trade, examines known criminal subcultures and evidence of their involvement in the trade, and analyzes lateral cooperation between loosely organized criminal groups. Finally, the Article poses the broader question of whether this lateral cooperation suggests that the antiquities trade as a whole operates as an organized criminal industry.

L’Essor Et Le Déclin De L’Occident: Une Perspective Géographique (The Rise And Fall Of The West: A Geographical Perspective), Nicole Andréa Mathys, Jean-Marie Grether, Claude Lutzelschwab

Nicole Andréa Mathys

This paper proposes a new representation of the worldwide distribution of human population and economic activity over two millennia. Combining the Maddison and the G-Econ databases, it tracks the evolution of the world’s demographic and economic centers of gravity during the 1-2010 period. The distributional and temporal patterns that emerge are clear and contrasted, with a stable East- Asian predominance during the first eighteen centuries, followed by a boomerang-like westward shift during the last two centuries. New turning points are identified, suggesting that the reversal of the Western shift occurred as early as the 1920s in demographic terms and in …

Exposing Whiteness In Higher Education: White Male College Students Minimizing Racism, Claiming Victimization, And Recreating White Supremacy, Nolan L. Cabrera

Nolan L. Cabrera

This research critically examines racial views and experiences of 12 white men in a single higher education institution via semi-structured interviews. Participants tended to utilize individualized definitions of racism and experience high levels of racial segregation in both their pre-college and college environments. This corresponded to participants seeing little evidence of racism, minimizing the power of contemporary racism, and framing whites as the true victims of multiculturalism (i.e. ‘reverse racism’). This sense of racial victimization corresponded to the participants blaming racial minorities for racial antagonism (both on campus and society as a whole), which cyclically served to rationalize the persistence …

Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber

Diane Webber

More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …

A Problem Of Power: The Impact Of Modern Sovereignty On The Rule Of Law In Comparative And Historical Perspective, Bruce P. Frohnen

Bruce P Frohnen

No abstract provided.

The African Lexis In Jamaican: Its Linguistic And Sociohistorical Significance, Joseph T. Farquharson

Joseph T. Farquharson

This thesis presents a fresh and comprehensive treatment of the putative lexical Africanisms in Jamaican with a view to assessing the volume and nature of this aspect of the grammar of Jamaican.

The work draws on a set of best practices in the field of etymology and outlines a set of transparent guidelines for assigning etyma. These guidelines are put to work by conducting careful etymological analyses of the over 500 putative Africanisms that have been identified for Jamaican. The analyses produce a list of 289 words whose African etymologies have been fairly well established. An entire chapter is devoted …

Tripartism In Ireland, Jon Foster

Jon Foster

Over the past few years, the term “PIIGS” has become synonymous with economic concerns and fears of collapse. The acronym, which currently refers to the European countries of Portugal, Italy, Ireland, Greece, and Spain: was originally just ‘PIGS’ , used to group the similar economies of Southern Europe when considering them for acceptance into the European Monetary Union. Nevertheless, as a result of the global financial crisis, this term soon came to identify economically weak and overly indebted nations. However, unlike Italy, Greece, and Portugal, who had before the crisis demonstrated relatively slow growth, modest unemployment, and a propensity to …

“The Given Note” Traditional Music, Crisis And The Poetry Of Seamus Heaney, Seán Crosson Dr.

Seán Crosson

This paper proposes that at a time when Northern Ireland increasingly descended into civil strife and crisis, Seamus Heaney looked to landscape, and to a lesser but comparable, extent traditional music, to articulate a distinctive voice, beyond the claims of tradition and community, ‘to use the first person singular’ as he has remarked, ‘to mean me and my lifetime’. Indeed, Heaney has faced a crisis of identity that has preoccupied Irish poets since at least the time of Yeats, a crisis brought on by the discontinuity in the Irish literary tradition, by an unresolved postcolonial condition and a struggle between …