Social and Behavioral Sciences Commons^™

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

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While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

The Supremacy Of Ec Law In Ireland, Elaine Fahey

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No abstract provided.

African American Women At Historically Black Colleges During The Civil Rights Movement, Eddie R. Cole

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The African American Civil Rights Movement is a series of intentional occurrences in America that protested the legal segregation of African Americans and Whites. Inequality in the use of public spaces and the unequal opportunities for advancement of African Americans were the core reasons for this movement. This historical essay uses primary and secondary documents, as well as contemporary sources from non-educational fields, to assert that African American women were instrumental in the Civil Rights movement and that historically Black institutions can be credited, in large part, for preparing these women for their roles.

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

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No abstract provided.

The Treaty Of Lisbon And The Reformed Jurisdictional Powers Of The European Court Of Justice In The Field Of Justice And Home Affairs., Stephen Carruthers

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This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in …

Keeping (Or Losing) The Faith: Reflections On Spiritual Struggles And Their Resolution By College Seniors., Jodi Fisler, Holly Alexander Agati, Shannon Chance, Amie E. Donahue, Gregory A. Donahue, Eric J. Eickhoff, Sara E. Kolb Gastler, Joseph C. Lowder, John D. Foubert

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In this qualitative study, researchers examined how college seniors experienced and resolved spiritual struggles in college. Results indicated that academic activities provided opportunities to question, learn, and grow spiritually. Although a variety of external factors influenced students' explorations of their spirituality, participants looked inward to resolve their struggles in deeply personal ways. Spiritual struggle was often manifested as a reexamination of students' pre-college values, an ongoing process for many students. Researchers identified four ways of describing students' state of resolution: (1) recommitting to an existing faith, (2) slightly readjusting their spiritual or religious values, (3) blending spiritual traditions, or (4) …

Modernization And Cultural Change In China: Links To The 2008 Summer Olympics, Kevin Brennan

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In 2001, the International Olympic Committee awarded Beijing, China to be host of the 2008 Summer games. Though interesting for multiple reasons, the decision to pick Beijing is intriguing partially because it will be just the third city in the modern era of the Olympics to be located in a Third World country. It has long been argued that hosting the Olympics can lead to significant social and economic changes, especially in non-Western locations. This paper, however, examines a different set of changes linked to the upcoming Olympics in China--the cultural dynamics. The main argument is that the rapid modernization …

Focusing On Process And History: Path Dependence, Paul Donnelly

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In recognition of the calls for more processual and historically informed organizational theorizing, this chapter considers the notion of path dependency, an approach which holds that a historical path of choices has the character of a branching process with a self-reinforcing dynamic such that preceding steps in a particular direction induce further movement in the same direction, thereby making the possibility of switching to some other previously credible alternative more difficult. Path dependence seeks to assess how process, sequence and temporality can be best incorporated into explanation, the focus of the researcher being on particular outcomes, temporal sequencing and the …

Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti

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A recent piece in the Journal of Legal Education analyzing student surveys by the Law School Admission Council reports that, despite improvement in the past decade, LGBT students still experience a law school climate in which they encounter substantial discrimination both inside and outside the classroom. Included among the list of "best practices" to improve the law school climate for LGBT students was a recommendation to incorporate discussions of LGBT issues in non-LGBT courses, such as tax. In a timely coincidence, the Section on Sexual Orientation and Gender Identity Issues held a day-long program at the 2009 AALS annual meeting …

The University As Constructed Cultural Commons, Michael J. Madison, Brett M. Frischmann, Katherine J. Strandburg

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This paper examines commons as socially constructed environments built via and alongside intellectual property rights systems. We sketch a theoretical framework for examining cultural commons across a broad variety of institutional and disciplinary contexts, and we apply that framework to the university and associated practices and institutions.

Of Coase And Comics, Or, The Comedy Of Copyright, Michael J. Madison

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This Essay responds to There’s No Free Laugh (Anymore): The Emergence of Intellectual Property Norms and the Transformation of Stand-Up Comedy, by Dotan Oliar and Christopher Sprigman. It argues that case studies of disciplines and domains that may be governed by intellectual property regimes are invaluable tools for comparative analysis of the respective roles of law and other forms of social order. The Essay examines the case of stand-up comedy under a lens that is somewhat broader than the one used by the authors of the original study, one that takes into account not only the social norms of individual …

Notes On A Geography Of Knowledge, Michael J. Madison

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Law and knowledge jointly occupy a metaphorical landscape. Understanding that landscape is essential to understanding the full complexity of knowledge law. This Article identifies some landmarks in that landscape, which it identifies as forms of legal practice: several recent cases involving intellectual property licenses, including the recent patent law decision in Quanta v. LG Electronics and the open source licensing decision in Jacobsen v. Katzer. The Article offers a preliminary framework for exploring the territories of knowledge practice in which those legal landmarks appear.

Rescuing Baby Doe, Mary Crossley

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The twenty-fifth anniversary of the Baby Doe Rules offers a valuable opportunity to reflect on how much has changed during the past two-and-one-half decades and how much has stayed the same, at least in situations when parents and physicians face the birth of an infant who comes into the world with its life in peril.

The most salient changes are the medical advances in the treatment of premature infants and the changes in social attitudes towards and legal protections for people with disabilities. The threshold at which a prematurely delivered infant is considered viable has advanced steadily earlier into pregnancy, …

'We, The Paparazzi': Developing A Privacy Paradigm For Digital Video, Jacqueline D. Lipton

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In January 2009, the Camera Phone Predator Alert bill was introduced into Congress. It raised serious concerns about privacy rights in the face of digital video technology. In so doing, it brought to light a worrying gap in current privacy regulation - the lack of rules relating to digital video privacy. To date, digital privacy regulation has focused on text records that contain personal data. Little attention has been paid to privacy in video files that may portray individuals in inappropriate contexts, or in an unflattering or embarrassing light. As digital video technology, including inexpensive cellphone cameras, is now becoming …

From Domain Names To Video Games: The Rise Of The Internet In Presidential Politics, Jacqueline D. Lipton

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Senator Barack Obama's historic victory in the 2008 election marks some important milestones - notably that this country is ready for its first African-American president. His win also underscores the importance of understanding today's Internet as a campaign tool. No longer is the Internet a one-way communications medium between candidate and electorate. It is now a powerful multi-directional networking tool. It can bridge physical and virtual spaces in a way never before possible, bringing previously latent social and political groups together. Senator Obama's campaign strategists understood and capitalized on the capabilities of what has recently become known as Web 2.0 …

On Race Theory And Norms, Christian Sundquist

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This article has been adapted from an address given at the Albany Law Review Symposium in Spring 2009. This article discusses the judicial acceptance of DNA random match estimates, which uses DNA analysis to estimate the likelihood that a criminal defendant is the source of genetic material that is found at a crime scene. Relying on race, these tests demonstrate how such a re-inscription of race as a biological entity threatens the modern conception of race as a social construction, and how those estimates should be rejected as inadmissible on a doctrinal level under the Federal Rules of Evidence.

The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly

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This essay examines the sport of hurling in Ireland through the theoretical framework of sport and leisure developed by Elias and Dunning. Through an analysis of newspaper reports of games, of rulebooks and codes of play, as well as historical data on increasing social differentiation and integration, we argue that hurling has undergone sportization and civilizing processes. However, due to the unevenness of wider figurational shifts these processes have been non-linear and fragile. Gradually, we see increasing numbers of rules, as well as increasing severity of punishment for the breaking of specific rules relating to violent play. The level and …

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

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Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …