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Articles 1 - 28 of 28
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A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort
Articles
It is an axiom of the law that cross-examination is, in John Henry Wigmore's words, the "greatest legal engine ever invented for the discovery of truth." In part because of its perceived utility in getting to the truth of a matter, courts are generally reluctant, despite broad authority to do so, to step in and to govern the conduct of cross-examination. But is cross-examination invariably calculated to ascertain the truth? While most lawyers are familiar with Wigmore's famous quotation, few are familiar with the caveat that shortly follows it: "A lawyer can do anything with cross-examination.. . . He may, …
Reporting The Rhetoric, Implementation Of The United Nations Convention On The Rights Of The Child As Represented In Ireland's Second Report To The Un Committee On The Rights Of The Child: A Critical Discourse Analysis, Rachel Kiersey, Noirin Hayes
Reporting The Rhetoric, Implementation Of The United Nations Convention On The Rights Of The Child As Represented In Ireland's Second Report To The Un Committee On The Rights Of The Child: A Critical Discourse Analysis, Rachel Kiersey, Noirin Hayes
Articles
Ireland’s second periodic report to the United Nations Committee on the Rights of the Child (CRC) presents the government’s case that it is succeeding in protecting and promoting the rights of all children in Ireland. This article presents a critical discourse analysis of the governments Report to the CRC. Using a refined critical discourse analysis (CDA) model, based on the framework proposed by Chouliaraki & Fairclough (1999); the linguistic structure of the Report is examined alongside consideration of the wider socio-political context in which it exists. The Report is itself a promotional genre . It lists legislative change, strategy plans …
Survey Of Recent Halakhic Periodical Literature: Laser Circumcision, J. David Bleich
Survey Of Recent Halakhic Periodical Literature: Laser Circumcision, J. David Bleich
Articles
No abstract provided.
The Metaphysics Of Property Interests In Jewish Law: An Analysis Of Kinyan, J. David Bleich
The Metaphysics Of Property Interests In Jewish Law: An Analysis Of Kinyan, J. David Bleich
Articles
No abstract provided.
Arís Is Arís Eile: Scéalta Mar Ais Teanga Sa Naíonra, Maire Mhic Mhathuna
Arís Is Arís Eile: Scéalta Mar Ais Teanga Sa Naíonra, Maire Mhic Mhathuna
Articles
Achoimre Déantar cur síos san alt seo ar ról na scéalta agus na leabhar mar áis fhoghlamtha teanga is scéalaíochta sa naíonra Gaelach. Déantar anailís ar an teoiric a bhaineann le forbairt na teanga is na scéalaíochta féin sa chéad is sa dara teanga. Deineadh cluastaifeadadh ar na seisiúin scéalaíochta i naíonra Gaelach amháin gach coicís ar feadh sé mhí. Scagadh na hathscríbhinní chun féachaint cén modh scéalaíochta a bhí in úsáid ag na stiúrthóirí is cén dul chun cinn a bhí á dhéanamh ag na páistí. Tugtar cuntas anseo ar na straitéisí scéalaíochta a bhí in úsáid ag na …
Economic Costs Of Inequality, Richard H. Mcadams
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner
Articles
Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …
Judges As Honest Agents, Frank H. Easterbrook
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin
Articles
No abstract provided.
Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton
Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton
Articles
No abstract provided.
Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill
Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill
Articles
People making decisions under uncertainty may need to justify those decisions to their reputational community. This Essay considers when and how the potential need to justify might lead a decision-maker to employ a methodology better suited to yielding a justifiable choice that may not be the best choice. When a decision involves uncertainty, the possible outcomes and probabilities are not known. A broad consensus about a methodology that produces a good decision often may not exist. But norms will often arise as to acceptable methodologies - that is, methodologies that will be accepted as justifiable if justification is needed. The …
Current Policy Developments In European Media Literacy, Brian O'Neill
Current Policy Developments In European Media Literacy, Brian O'Neill
Articles
In August of 2009, the European Commission issued a formal recommendation on media literacy adding to a series of initiatives underway since 2006 to build a comprehensive European media literacy policy (Commission of the European Communities 2009). Media literacy is now a well-established concept referring to the ability to critically understand and use media in a variety of contexts (see Aufderheide 1997). Recognising that the way people use media is changing and that the volume of information received is enormous, the Commission notes that all citizens need to have the ability to access, analyse and evaluate images, sounds and texts …
Seeing Is Believing: Body Motion Dominates In Multisensory Conversations, Cathy Ennis, Rachel Mcdonnell, Carol O'Sullivan
Seeing Is Believing: Body Motion Dominates In Multisensory Conversations, Cathy Ennis, Rachel Mcdonnell, Carol O'Sullivan
Articles
In many scenes with human characters, interacting groups are an important factor for maintaining a sense of realism. However, little is known about what makes these characters appear realistic. In this paper, we investigate human sensitivity to audio mismatches (i.e., when individuals’ voices are not matched to their gestures) and visual desynchronization (i.e., when the body motions of the individuals in a group are mis-aligned in time) in virtual human conversers. Using motion capture data from a range of both polite conversations and arguments, we conduct a series of perceptual experiments and determine some factors that contribute to the plausibility …
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Statutes' Domains And Judges' Prerogatives, David A. Strauss
Articles
No abstract provided.
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq
Articles
No abstract provided.
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
Simulation Optimisation Methods In Supply Chain Applications: A Review, Amr Arisha, Waleed Abo-Hamad
Simulation Optimisation Methods In Supply Chain Applications: A Review, Amr Arisha, Waleed Abo-Hamad
Articles
The competitiveness and dynamic nature of today’s marketplace is due to rapid advances in information technology, short product life cycles and the continuing trend in global outsourcing. Managing the resulting supply chain networks effectively is challenged by high levels of uncertainty in supply and demand, confl ict objectives, vagueness of information, numerous decision variables and constraints. With such levels of complexity, supply chain optimisation has the potential to make a signifi cant contribution in resolving these challenges. In this paper, a literature review – based on more than 100 peer-reviewed articles – of state-of-the-art simulation-based optimisation techniques in the context …
Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan
Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan
Articles
The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …
The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum
Articles
No abstract provided.
Implicit Theories Of Ability Of Grade 6 Science Students: Relation To Epistemological Beliefs And Academic Motivation And Achievement In Science, Jason Chen, Frank Pajares
Implicit Theories Of Ability Of Grade 6 Science Students: Relation To Epistemological Beliefs And Academic Motivation And Achievement In Science, Jason Chen, Frank Pajares
Articles
We investigated (a) the associations of implicit theories and epistemological beliefs and their effects on the academic motivation and achievement of students in Grade 6 science and (b) the mean differences of implicit theories, epistemological beliefs, and academic motivation and achievement as a function of gender and race/ethnicity (N = 508). Path analysis revealed that an incremental view of ability had direct and indirect effects on adaptive motivational factors, whereas fixed entity views had direct and indirect effects on maladaptive factors. Epistemological beliefs mediated the influence of implicit theories of ability on achievement goal orientations, self-efficacy, and science achievement. Results …
Seeing Subtle Racism, Pat K. Chew
Seeing Subtle Racism, Pat K. Chew
Articles
Traditional employment discrimination law does not offer remedies for subtle bias in the workplace. For instance, in empirical studies of racial harassment cases, plaintiffs are much more likely to be successful if they claim egregious and blatant racist incidents rather than more subtle examples of racial intimidation, humiliation, or exclusion. But some groundbreaking jurists are cognizant of the reality and harm of subtle bias - and are acknowledging them in their analysis in racial harassment cases. While not yet widely recognized, the jurists are nonetheless creating important precedents for a re-interpretation of racial harassment jurisprudence, and by extension, employment discrimination …
Learning Disabled Student Needs Met Through Curriculum Redesign Of The Illinois Agricultural Education Core Curriculum, Seburn L. Pense, Dennis G. Watson, Dexter B. Wakefield
Learning Disabled Student Needs Met Through Curriculum Redesign Of The Illinois Agricultural Education Core Curriculum, Seburn L. Pense, Dennis G. Watson, Dexter B. Wakefield
Articles
This quasi–experimental pilot study included agricultural education students with Specific Learning Disabilities (SLD) in five high schools in the federally designated economically distressed area called the Illinois Delta Region. A unit of instruction taken from the existing 165 units of The Illinois Core Curriculum for Agriculture was redesigned in a manner appropriate to SLD students. Students from the five selected programs were randomly assigned to treatment and control groups. Results from pre– and posttests in this study found the redesigned curriculum for SLD students effectively increased learning for both SLD and traditional students.
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Articles
It is a common metaphor that the text is a window onto the world that it depicts. In legal interpretation, the metaphor has been developed in two ways – the legal text as transparent or opaque – and the Article proposes a third – the legal text as translucent. The claim that the legal text is transparent has been associated with more liberal methodological approaches. According to this view (often articulated by critics), the legal text does not markedly delimit meaning. Delimitation comes from the interpreters. By contrast, stress on the opacity of the legal text comes from those who …
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Ornamental Repugnancy: Identitarian Islam And The Iraqi Constitution, Haider Ala Hamoudi
Articles
Nearly six years after the enactment of Iraq’s final constitution, the Federal Supreme Court of Iraq has yet to render a single ruling respecting the conformity of any law to the “settled rulings of Islam” despite being empowered to do precisely that under Article 2 of the Iraqi Constitution. This so-called repugnancy clause is swiftly devolving from a matter that was of some importance during constitutional negotiations into one that is more symbolic than real – an assertion of identity, primarily of the Islamic variety (though when combined with Article 92, to some extent of the Shi’i Islamic variety) – …
Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote
Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote
Articles
When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered as a prominent example of judicial policymaking in the United States. Expansion in due process protections and other rights for criminal suspects and …
The Technology Of Law, Bernard J. Hibbitts
The Technology Of Law, Bernard J. Hibbitts
Articles
This paper argues that contemporary fascination with the law of technology (IP, cyberlaw, etc.) has led us to overlook the fundamental impact of the "technology of law," and offers suggestions for creating "neterate" lawyers more comfortable with and cognizant of technology itself. The author describes how the legal news service JURIST implements many of these suggestions and provides a unique learning experience for its law student staffers.
Introduction: In Flagrante Depicto, Peter Goodrich
The Filaments Of The Vicarious, Jospeh Vining
The Filaments Of The Vicarious, Jospeh Vining
Articles
Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …