Digital Commons Network^™

Survey Of Recent Halakhic Periodical Literature: A Rainproof Sukkah/ Reading The Shema In Latin/ Oral Obligations Unsupported By Kinyan, J. David Bleich

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No abstract provided.

The Cost Of The Text, Richard A. Primus

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Christopher Serkin and Nelson Tebbe's Is the Constitution Special?explores many facets of constitutional interpretation. I will focus here on their observation that constitutional interpretation is "less textual" than statutory interpretation. I place the expression "less textual" in quotation marks because "textual" could mean many things, such that it would often be problematic to characterize one interpretive exercise as more or less textual than another. In Serkin and Tebbe's view, as I understand it, mainstream constitutional interpretation is "less textual " than statutory decisionmaking in that it is less constrained by the words of particular enacted clauses. As a convenient …

Reflections On A Language Planning Project In Context, Maire Mhic Mhathuna, Cathy Kelleher

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The aim of this paper is to reflect in broad terms on issues which arose in the context of an early years language planning project in Irish-medium preschools (naíonraí) in the Irish-speaking (Gaeltacht) areas of the west of Ireland. Borradh Language Planning Project was commissioned in 2009 to provide guidance and planning templates for early years educators to develop the Irish language competency of children in their early years groups. Due to the changing language ecology of the Gaeltacht areas, many families now raise their children through both Irish and English and children enter the early years services with differing …

Debating Is The Constitution Special?, Richard Primus, Kevin M. Stack, Christopher Serkin, Nelson Tebbe

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In 1890, Louis Brandeis wrote The Right to Privacy. Within a matter of years, the courts began adopting his theory, creating a newly articulated legal right. This article likely represented the high-water mark of legal academia in terms of real world impact. In recent years, the academy has lost much of its relevance. Chief Justice Roberts ridiculed academic work, suggesting that legal scholarship has become esoteric and irrelevant. This should not be the case. The quality of legal scholars is higher than it has ever been—young scholars now often enter the academy with doctoral degrees in related fields. Likewise, technology …

The Concepts Of Law, Nicholas Stephanopoulos, Tom Ginsburg

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No abstract provided.

Remedial Restraint In Administrative Law, Nicholas Bagley

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When a court determines that an agency action violates the Administrative Procedure Act, the conventional remedy is to invalidate the action and remand to the agency. Only rarely do the courts entertain the possibility of holding agency errors harmless. The courts’ strict approach to error holds some appeal: Better a hard rule that encourages procedural fastidiousness than a remedial standard that might tempt agencies to cut corners. But the benefits of this rule-bound approach are more elusive, and the costs much larger, than is commonly assumed. Across a wide range of cases, the reflexive invalidation of agency action appears wildly …

Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham

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No abstract provided.

Legal Research And Practical Experience, Richard A. Posner

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Sovereign Immunity And The Constitutional Text, William Baude

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The Absence Of Method In Statutory Interpretation, Frank H. Easterbrook

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The Law Of Interpretation, William Baude, Stephen E. Sachs

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No abstract provided.

Robot Perception Errors And Human Resolution Strategies In Situated Human-Robot Dialogue, Niels Schütte, Brian Mac Namee, John D. Kelleher

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Errors in visual perception may cause problems in situated dialogues. We investigated this problem through an experiment in which human participants interacted through a natural language dialogue interface with a simulated robot.We introduced errors into the robot’s perception, and observed the resulting problems in the dialogues and their resolutions.We then introduced different methods for the user to request information about the robot’s understanding of the environment. We quantify the impact of perception errors on the dialogues, and investigate resolution attempts by users at a structural level and at the level of referring expressions.

The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler

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Preemption Deals, Aziz Huq

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The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

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Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …

Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

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No abstract provided.

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill

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Universal Design Across The Curriculum: Training For Students And Teachers, Trish Mackeogh, James Hubbard, Kieran O'Callaghan

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Providing an inclusive educational setting for children with disabilities is essential if they are to truly benefit from mainstream education. Universal design (UD) provides a framework to develop our classrooms, materials and methods to accommodate diverse learners and students with special educational needs without the need to retrofit or remove the student from the classroom. This paper outlines the theory and the approach of two training courses on Universal Design developed for teachers and students.

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

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To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

Assessment Of Mental Workload: A Comparison Of Machine Learning Methods And Subjective Assessment Techniques, Karim Moustafa, Saturnino Luz, Luca Longo

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Mental workload (MWL) measurement is a complex multidisciplinary research field. In the last 50 years of research endeavour, MWL measurement has mainly produced theory-driven models. Some of the reasons for justifying this trend includes the omnipresent uncertainty about how to define the construct of MWL and the limited use of datadriven research methodologies. This work presents novel research focused on the investigation of the capability of a selection of supervised Machine Learning (ML) classification techniques to produce data-driven computational models of MWL for the prediction of objective performance. These are then compared to two state-of-the-art subjective techniques for the assessment …

Arts And Humanities Research, Redefining Public Benefit, And Research Prioritization In Ireland, Andrew Gibson, Ellen Hazelkorn

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This article looks at the effects of a national policy of research prioritization in the years following Ireland’s economic crisis. A national research prioritization exercise initiated by policymakers redefined the purpose of higher education research, and designed policies in line with this approach. Placing research for enterprise to the fore, it emphasized the economic value that subjects could return on state investments. This article examines the post-crisis policy of prioritization, its relationship with and effects on arts and humanities research, and how the notion of the benefit of research can be broadened while still addressing economic needs. It draws on …

The Question Of Fiction – Nonexistent Objects, A Possible World Response From Paul Ricoeur, Noel Fitzpatrick

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The question of fiction is omnipresent within the work of Paul Ricoeur throughout his prolific career. However, Ricoeur raises the questions of fiction in relation to other issues such the symbol, metaphor and narrative. This article sets out to foreground a traditional problem of fiction and logic, which is termed the existence of non-existent objects, in relation to the Paul Ricoeur’s work on narrative. Ricoeur’s understanding of fiction takes place within his overall philosophical anthropology where the fictions and histories make up the very nature of identity both personal and collective. The existence of non-existent objects demonstrates a dichotomy between …

Supreme Court Splits On Grammar And Writing Style, Jill Barton

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No abstract provided.

Abusive Text Detection Using Neural Networks, Hao Chen, Susan Mckeever, Sarah Jane Delany

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Neurall network models have become increasingly popular for text classification in recent years. In particular, the emergence of word embeddings within deep learning architecture has recently attracted a high level of attention amongst researchers.

First Amendment Right To A Remedy, Benjamin Plener Cover

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Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …

Subjective Usability, Mental Workload Assessments And Their Impact On Objective Human Performance, Luca Longo

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Self-reporting procedures and inspection methods have been largely employed in the fields of interaction and web-design for assessing the usability of interfaces. However, there seems to be a propensity to ignore features related to end-users or the context of application during the usability assessment procedure. This research proposes the adoption of the construct of mental workload as an additional aid to inform interaction and web-design. A user-study has been performed in the context of human-web interaction. The main objective was to explore the relationship between the perception of usability of the interfaces of three popular web-sites and the mental workload …

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham

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A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …

The Antitrust Jurisprudence Of Neil Gorsuch, John M. Newman

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In 2017, the U.S. Senate confirmed Neil M. Gorsuch's nomination to serve on the Supreme Court. Like Justice Stevens before him, Gorsuch's primary area of expertise is antitrust law. Like Stevens, Gorsuch both practiced and taught in the field before joining the bench. As a judge for the Tenth Circuit Court of Appeals, Gorsuch penned multiple substantive antitrust opinions.

His unique expertise will likely situate Gorsuch as one of the Court's leading voices on antitrust matters for decades to come. A close examination of his prior antitrust opinions thus offers vital insight into his approach to antitrust principles and execution. …

Ip Things As Boundary Objects: The Case Of The Copyright Work, Michael J. Madison

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My goal is to explore the meanings and functions of the objects of intellectual property: the work of authorship (or copyright work) in copyright, the invention in patent, and the mark and the sign in trademark. This paper takes up the example of the copyright work.

It is usually argued that the central challenge in understanding the work is to develop a sensible method for appreciating its boundaries. Those boundaries, conventionally understood as the metaphorical "metes and bounds" of the work, might be established by deferring to the intention of the author, or by searching for authorship (creativity or originality) …

Functionality Screens, Christopher Buccafusco, Mark A. Lemley

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Among intellectual property (IP) doctrines, only utility patents should protect function. Utility patents offer strong rights that place constraints on competition, but they only arise when inventors can demonstrate substantial novelty after a costly examination. Copyrights, trademarks, and design patents are much easier to obtain than utility patents, and they often last much longer. Accordingly, to prevent claimants from obtaining “backdoor patents,” the other IP doctrines must screen out functionality. As yet, however, courts and scholars have paid little systematic attention to the ways in which these functionality screens operate across and within IP law.We have four tasks in this …