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2011

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Tripartism In Ireland, Jon Foster Dec 2011

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 run ...


Not Here, Not There (Review: Culture Is.. Australian Stories Across Cultures: An Anthology By Anne-Marie Smith (Ed), Michael Jacklin Dec 2011

Not Here, Not There (Review: Culture Is.. Australian Stories Across Cultures: An Anthology By Anne-Marie Smith (Ed), Michael Jacklin

Michael Jacklin

ALBERTO DOMINGUEZ identified himself as un Australiano de habla hispana - a Spanish-speaking Australian. As such, he gave enormously to the Spanish-speaking community of Sydney. Dominguez was a radio broadcaster with SBS and community radio stations in western Sydney, and a founding member of several Latin American cultural organisations. For many Spanish-speaking Australians who came as refugees from Latin America, Dominguez's radio-voice provided them with essential information and helped them settle in. Yet when he died as a passenger aboard American Airlines flight 11, which struck the northern tower of the World Trade Centre in September 2001, most media in ...


Attorney General Mukasey’S Defense Of Irresponsibility , Kent Greenfield Nov 2011

Attorney General Mukasey’S Defense Of Irresponsibility , Kent Greenfield

Kent Greenfield

Attorney General Mukasey’s commencement speech at Boston College Law School did a disservice to the institution. First, it gave a platform to one whose position on torture is contrary to the humanitarian values of the school. Second, by encouraging students to divorce their own morals from their legal reasoning and simply “say what the law is,” it reduced the practice of law to a mere exercise in research, devoid of any of the principles for which the school (and legal education in general) stands. This Article addresses two issues surrounding Attorney General Michael Mukasey’s invitation to speak at ...


First Amendment Based Copyright Misuse, David S. Olson Oct 2011

First Amendment Based Copyright Misuse, David S. Olson

David S. Olson

We are at a crossroads with respect to the underdeveloped equitable defense of copyright misuse. The defense may go the way of its sibling, antitrust-based patent misuse, which seems to be in a state of inevitable decline. Or—if judges accept the proposal of this Article—courts could reinvigorate the copyright misuse defense to better protect First Amendment speech that is guaranteed by statute, but that is often chilled by copyright holders misusing their copyrights to control others’ speech. The Copyright Act serves First Amendment interests by encouraging authors to create works. But copyright law can also discourage the creation ...


“The Given Note” Traditional Music, Crisis And The Poetry Of Seamus Heaney, Seán Crosson Dr. Oct 2011

“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 ...


The Residual Income Method: A New Lens On Housing Affordability And Market Behaviour, Michael E. Stone, Terry Burke, Liss Ralston Sep 2011

The Residual Income Method: A New Lens On Housing Affordability And Market Behaviour, Michael E. Stone, Terry Burke, Liss Ralston

Michael E. Stone

This study was designed to explore the viability of an alternative method of measuring affordability (the residual income method) to that of the ubiquitous 30 per cent benchmark method and to use this alternative method for enriching understanding around a range of affordability and housing market issues. The work has been exploratory but it does reveal both the potential and the limitations of the method.

Put simply, the residual income method calculates how much is left over for housing rents or mortgage after relevant expenditure items for different household types have been taken into account. If there is insufficient left ...


How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan D. Carle Sep 2011

How Myth-Busting About The Historical Goals Of Civil Rights Activism Can Illuminate Paths For The Future, Susan D. Carle

Susan D. Carle

  • This article considers four myths about the history of civil rights activism, taht have tended to cloud assessments about current current civil rights law and its potential future directions. I argue that correcting those myths can help illunundile promising paths for the future. In each instance, alternative historical narrative routes for further development of core principles of civil rights law, including further theoretical and practical work to pursue long-standing concepts of structural discrimination, the promise of experimentalist approaches to regulation and enforcement, increased interdisciplinary colaboration between law and other social science fields, and more focus on matters of economic inequality ...


Who Shall We Admit To Our Club?, Lawrence Raful Sep 2011

Who Shall We Admit To Our Club?, Lawrence Raful

Lawrence Raful

No abstract provided.


Ocean Governance For The 21st Century: Making Marine Zoning Climate Change Adaptable, Robin K. Craig Aug 2011

Ocean Governance For The 21st Century: Making Marine Zoning Climate Change Adaptable, Robin K. Craig

Robin K. Craig

The variety of anthropogenic stressors to the marine environment—including, increasingly, climate change—and their complex and synergistic impacts on ocean ecosystems testifies to the failure of existing governance regimes to protect these ecosystems and the services that they provide. Marine spatial planning has been widely hailed as a means of improving ocean governance through holistic ecosystem-based planning. However, that concept arose without reference to climate change, and hence it does not automatically account for the dynamic alterations in marine ecosystems that climate change is bringing.

This Article attempts to adapt marine spatial planning to climate change adaptation. In so ...


A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo Aug 2011

A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system ...


The Contemporary Roles Of Labor Songs, David L. Gregory Jun 2011

The Contemporary Roles Of Labor Songs, David L. Gregory

David L. Gregory

Music has played a critical role for workers throughout the history of the labor movement. Music gives an opportunity to rebel. Its gives an opprotunity to argue policy. It gives an opportunity to be heard. Songs written in protest, or in furtherance of a cause, give a sense of historical and political climate of a particular era. This article, "The Contemporary Role of Labor Songs" draws attention to three especially important periods in the shaping of labor history, the 1930s, 1960s and 1980s, highlighting the representative impact a particular song - "Which Side Are You On?, "Salt of the Earth," and ...


In Search Of America, Ellen Bigler Jun 2011

In Search Of America, Ellen Bigler

Ellen Bigler

Taken collectively, Latinos are now the largest minority group in the USA. This chapter, with a focus on U.S. Latinos, explores the changing face of the USA in recent decades and the significance of this demographic change for the ongoing construction and negotiation of an American identity. The culture wars (e.g., debates over the canon, curriculum, and language) of the late 1980s and 1990s, and the contested role of schools in the arena of critical multiculturalism, are examined for insights into the bases of resistance to change. The author draws from her experiences in public schools as both ...


Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs May 2011

Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs

Cynthia Dobbs

No abstract provided.


Inside Greenwich Village [Full Book], Gerald W. Mcfarland May 2011

Inside Greenwich Village [Full Book], Gerald W. Mcfarland

Gerald W. McFarland

No abstract provided.


The Case Of Dr Mohamed Haneef: An Australian 'Terrorism Drama' With British Connections, Mark Rix May 2011

The Case Of Dr Mohamed Haneef: An Australian 'Terrorism Drama' With British Connections, Mark Rix

Mark Rix

This article examines the treatment of Dr Mohamed Haneef, an Indian doctor arrested under Australia‟s anti-terrorism legislation in July 2007 as Australian authorities including the Australian Federal Police, Commonwealth Director of Public Prosecutions, Australian Security Intelligence Organisation, (wrongfully) believed that he was linked to the terrorist attack at Glasgow airport in June 2007. The actions and responses of these two agencies, and the subsequent judicial inquiry are reviewed in the light of the media‟s role and press coverage as the case unfolded.


Tactics, Politics, And Propaganda In The Irish War Of Independence, 1917-1921, Mike Rast May 2011

Tactics, Politics, And Propaganda In The Irish War Of Independence, 1917-1921, Mike Rast

M. C. Rast

This thesis examines the influences on and evolution of the Irish Republican Army’s guerrilla war strategy between 1917 and 1921. Utilizing newspapers, government documents, and memoirs of participants, this study highlights the role of propaganda and political concerns in waging an insurgency. It argues that while tactical innovation took place in the field, IRA General Headquarters imposed policy and directed the conflict with a concern for the political results of military action. While implementing strategies necessary to effective conduct of the war, this Headquarters staff was unable to reconcile a disjointed and overburdened command structure, leading its disintegration after ...


Restoring The Power Of Unions: It Takes A Movement, Dan Clawson May 2011

Restoring The Power Of Unions: It Takes A Movement, Dan Clawson

Dan Clawson

No abstract provided.


How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno Apr 2011

How Public Schools Can Constitutionally Halt Cyberbullying: A Model Cyberbullying Policy That Survives First Amendment, Fourth Amendment, And Due Process Challenges, Naomi Harlin Goodno

Naomi Harlin Goodno

There have been all too many recent cases where children are taking their lives because of cyberbullying. Schools, courts, and legislatures are struggling with how to deal with such tragedies. Imagine two public school students, Joe and Jane. Joe punches Jane during class. The school is certainly within its legal rights to discipline Joe. Assume, instead, Joe punches Jane while both are walking home from school. The school cannot discipline Joe because the act took place off-campus. Now, assume instead, that Joe, while at home and using his own laptop, creates a website about Jane stating that he wished she ...


Crisis And Contemporary Poetry, Seán Crosson Dr., Anne Karhio, Charles I. Armstrong Apr 2011

Crisis And Contemporary Poetry, Seán Crosson Dr., Anne Karhio, Charles I. Armstrong

Seán Crosson

This collection of essays addresses poetic and critical responses to the various crises encountered by contemporary writers and our society. The essays included discuss a range of issues from the holocaust, the Troubles in Northern Ireland and their aftermath and the war on terror to the ecological crisis, poetry's relationship to place and questions of cultural and national identity. What are the means available to poetry to address the various crises it faces, and how can both poets and critics meet the challenges posed by society and the literary community? How can poetry justify its own role as a ...


A Research Proposal Into The National Security Perils Of Hacktivism, Carter Matherly Mar 2011

A Research Proposal Into The National Security Perils Of Hacktivism, Carter Matherly

Carter Matherly PhD

On December sixth 2010 the words, “Fire now,” echoed throughout Twitter and cyberspace (Cohen, 2011). Almost inexplicitly out of the ether a rag tag group of internet pranksters came together as a coherent, driven, and dangerous force. They attacked MasterCard, Visa, and PayPal simultaneously. The banks fought back valiantly but were no match for the size of the attack and fell, however briefly, in face of the onslaught (BBC, 2010).

The group that calls itself Anonymous, originally known for its antics defacing websites and harassing Scientology, found something to fight for. Wikileaks, the self-proclaimed whistleblower website, was without question an ...


Towards Zero Net Presence, Terence Lau Mar 2011

Towards Zero Net Presence, Terence Lau

Terence Lau

The rise of social networking has connected us in ways unthinkable a few years ago, but has also raised alarming questions regarding the right to be left alone. More and more, Americans are discovering that information traditionally considered private is moving into the public domain, sometimes with startling implications for their personal lives. Part I of this Article reviews the problem of Internet intrusion into personal privacy. The Internet is especially remarkable for its three central features: reach, speed and permanence. These features make the Internet unlike any other media in existence, and makes protecting privacy extremely difficult. Part II ...


Activist Distressed Debtholders: The New Barbarians At The Gate?, Michelle M. Harner Feb 2011

Activist Distressed Debtholders: The New Barbarians At The Gate?, Michelle M. Harner

Michelle M. Harner

The term “corporate raiders” previously struck fear in the hearts of corporate boards and management teams. It generally refers to investors who target undervalued, cash-flush or mismanaged companies and initiate a hostile takeover of the company. Corporate raiders earned their name in part because of their focus on value extraction, which could entail dismantling a company and selling off its crown jewels. Today, the term often conjures up images of Michael Milken, Henry Kravis or the movie character Gordon Gekko, but the alleged threat posed to companies by corporate raiders is less prevalent—at least with respect to the traditional ...


Weak Loyalties: How The Rule Of Law Prevents Coups D'Etat And Generates Long-Term Political Stability, Ivan Perkins Feb 2011

Weak Loyalties: How The Rule Of Law Prevents Coups D'Etat And Generates Long-Term Political Stability, Ivan Perkins

Ivan Perkins

The “rule of law” is lauded for producing a variety of positive governance characteristics, including minimal corruption, human rights, and economic prosperity. What has been overlooked, however, is that rule-of-law institutions are also responsible for another phenomenon: the fact that certain states experience long-term political stability, without any coups or coup attempts (defined as internal efforts to seize central state authority through force). The prevailing theory of stability holds that “professional” military officers refrain from coups because they have internalized norms of civilian authority and constitutional procedure. However, this theory requires a system of socialization capable of counteracting self-interest, throughout ...


The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez Feb 2011

The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez

Angela Fernandez

This article is about a fraternal order operating in the first half of the Nineteenth Century in New York called “The Ancient and Honorable Court of Dover.” This group organized a mock trial, probably in 1834, to prosecute one of its members. A prosecutor was appointed and the President of the group gave a long speech. At issue was whether or not non-members could participate in the trial. After a description of these records and an account of their discovery, this article explains who the individuals involved in the trial were, Jacksonian politicians and lawyers with connections to the Custom ...


The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez Jan 2011

The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez

Angela Fernandez

This article is about a fraternal order operating in the first half of the Nineteenth Century in New York called “The Ancient and Honorable Court of Dover.” This group organized a mock trial, probably in 1834, to prosecute one of its members. A prosecutor was appointed and the President of the group gave a long speech. At issue was whether or not non-members could participate in the trial. After a description of these records and an account of their discovery, this article explains who the individuals involved in the trial were, Jacksonian politicians and lawyers with connections to the Custom ...


The Archivist, Ananya Vajpeyi Jan 2011

The Archivist, Ananya Vajpeyi

Ananya Vajpeyi

No abstract provided.


“Croke Park Goes Plumb Crazy”: Pathé Newsreels And Gaelic Games, 1920-1939, Seán Crosson Dr., Dónal Mcanallen Dr. Jan 2011

“Croke Park Goes Plumb Crazy”: Pathé Newsreels And Gaelic Games, 1920-1939, Seán Crosson Dr., Dónal Mcanallen Dr.

Seán Crosson

(Co-written with Dónal McAnallen) From the establishment of the Irish Free State in 1922, and over the next two decades, arose great efforts in Ireland to augment political independence from Britain with enhanced cultural separation. During this period the Gaelic Athletic Association (GAA) enjoyed a boom in numbers of players and supporters, thus confirming hurling and Gaelic football as the definitively Irish national games and the association itself as the most popular mass movement for the expression of independent Irish identity. Yet paradoxically, given the popular association of Gaelic games with Irish independence, nearly all footage of these games from ...


Terrorism, State Responsibility And The Use Of Armed Force, René Värk Jan 2011

Terrorism, State Responsibility And The Use Of Armed Force, René Värk

René Värk

No abstract provided.


The Family And Political Unity Between Blacks And Jews In The United States, Amadu Jacky Kaba Jan 2011

The Family And Political Unity Between Blacks And Jews In The United States, Amadu Jacky Kaba

Amadu Jacky Kaba

This article claims that there is a positive relationship or bond between Blacks and Jews in the United States. The article is divided into three parts: (1) that Black and Jewish Americans are united through family; (2) that Black and Jewish Americans are united through political ideology/party, especially the Democratic Party; and (3) the article goes on to present some factors responsible for these two important phenomena.


The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson Dec 2010

The Impact Of The American Doctrine Of Discovery On Native Land Rights In Australia, Canada, And New Zealand, Blake Watson

Blake A Watson

In Johnson v. McIntosh, Chief Justice John Marshall proclaimed that European discovery of America Agave exclusive title to those who made it;@ and diminished the power of Indians Ato dispose of the soil at their own will ….@ 21 U.S. 543, 574 (1823). Marshall presented a revised version of the discovery doctrine in Worcester v. Georgia, 31 U.S. 515 (1832), yet it is Johnson that remains the leading decision on native property rights in the United States. The Johnson discovery rule has not only diminished native rights in the United States, but has also influenced the definition of indigenous ...