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 …

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the century after Jefferson …

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 …

A European Solution To America’S Basketball Problem: Reforming Amateur Basketball In The United States, Jaimie K. Mcfarlin, Joshua Lee

Jaimie K. McFarlin

The system of amateur and collegiate basketball in America is flawed, as every year, thousands of young men and women pursue their basketball dreams under the shadow of a multi-million dollar, predatory business model. Integral to telling the history of the NCAA and AAU organizations are recruiting horror stories and other examples of young talents who were taken advantage of by unscrupulous actors, both of which continue today. The commercialization and professionalization of amateur basketball has fed an ecosystem of exploitation in which private actors and institutions capitalize on the American mantra of "amateurism." The European system of amateur athletics …

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 …

Cross, Crucifix, Culture: An Approach To The Constitutional Meaning Of Confessional Symbols, Frederick Mark Gedicks, Pasquale Annicchino

Frederick Mark Gedicks

In the United States and Europe the constitutionality of government displays of confessional symbols depends on whether the symbols also have nonconfessional secular meaning (in the U.S.) or whether the confessional meaning is somehow absent (in Europe). Yet both the United States Supreme Court (USSCt) and the European Court of Human Rights (ECtHR) lack a workable approach to determining whether secular meaning is present or confessional meaning absent. The problem is that the government can nearly always articulate a possible secular meaning for the confessional symbols that it uses, or argue that the confessional meaning is passive and ineffective. What …

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.

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

Unringing The Bell: The Government Speech Doctrine And Publicly-Funded Art, John Barlow

John Barlow

No abstract provided.

The Military Response To Criminal Violent Extremist Groups: Aligning Use Of Force Presumptions With Threat Reality, Geoffrey S. Corn

Geoffrey S. Corn

Debates over the permissible authority to use force against emerging non-state threats are consistently dictated by a binary legal paradigm: either armed conflict is recognized permitting status based targeting or law enforcement conduct based use of force norms must be respected. This paradigm has driven an expansion of the threats characterized by states as falling within the scope of non-international armed conflicts, a trend that has produced substantial controversy. At the same time, in many states organized criminal groups are creating unprecedented challenges to government authority by utilizing widespread and indiscriminate violence to sow the seeds of chaos and demonstrate …

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 …

Returning To Fundamentals: Principles Of International Law Applicable To The Resolution Of Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

This paper explores the international law principles relevant to situations of sovereign bankruptcy. The paper argues for these principles to be kept in mind during debate over the handling of situations of actual or pending sovereign debt such as the EU is now experiencing with Greece.

Roger Nash Baldwin And The American Civil Liberties Union, Mathias Alfred Jaren

Mathias Alfred Jaren

The thesis for this essay is that social work, acting for the benefit and welfare of others, can be accomplished effectively by non-lawyers employing an agenda of political and legal interventions. Legal interventions even as uncomplicated as filing an amicus curiae brief for some unknown defendant being prosecuted for an offense against his government can have significant and important long term implications. This thesis is examined in the context of a life devoted to civil liberties - The Life and times of Roger Nash Baldwin.

Returning To Fundamentals: Principles Of International Law Applicable To Sovereign Debt Crises, Alice De Jonge Dr

Alice de Jonge Dr

The paper explores modern intenational law principles applicable to situations of soverign debt crises and the manner in which such crises should be resolved.

Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid

Ali M Abid

Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …

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 …

Unesco’S Cultural Heritage Lists: Protecting Indigenous Traditional Sports And Games, Jesse W. Busta

Jesse Busta

This Note, entitled UNESCO’s Cultural Heritage Lists: Protecting Indigenous Traditional Sports and Games, will be the first to examine fully from a legal perspective a proposal to develop a means for protecting indigenous traditional sports and games, which are a valuable asset to all humanity. Protections are needed for indigenous traditional sports and games due to the harmful effects of globalization and the deviation of today’s people from their ancestors’ traditions. Currently, only tangible cultural heritage and limited intangible cultural heritage are protected by the United Nations Educational, Scientific, and Cultural Organization (“UNESCO”). Cultural heritage forms the backbone of human …

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 …