Digital Commons Network^™

The Production Of Ek Tha Tiger: A Marriage Of Convenience Between Bollywood And The Irish Film And Tourist Industries, Giovanna Rampazzo

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This article examines a collaboration between the Irish and Hindi film industries, adopting the production of Kabir Khan’s Ek Tha Tiger (2012) in Dublin as a case study. It critically narrates the arc of the film’s production, foregrounding the intersecting concerns of Yash Raj Films and Irish creative and cultural institutions. Ek Tha Tiger represents Ireland through constructed idyllic images which proved to be successful in attracting tourists. Tracing the links between the production of the film and the promotion of tourism to Ireland, this article explains how the film was used to construct a ‘tourist gaze’ for audiences in …

Film: Deaf Characters, Miriam Nathan Lerner, Edna Edith Sayers

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This entry focuses on films made by American and foreign filmmakers who have little or no special interest in or knowledge about deaf people or Deaf communities. Casting hearing actors to portray deaf characters is unfortunately common. Because neither the filmmakers, the expected audiences, nor the actors know anything about d/Deaf people, inauthenticities are widespread. These problems are only slightly improved by casting a Deaf actor: Deaf actors can portray authentic use of a sign language but are often limited by the script, the director, and the editing process. Therefore, while the signing community commends the casting of Deaf actors, …

Rendering That Darkness At The Heart Of Priesthood : The Strangled Impulse By William King, Eamon Maher

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No abstract provided.

John Mcgahern : His Time And His Places, Eamon Maher, Paul Butler

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This article arose out of a collaboration between the two authors, Eamon Maher, a McGahern “expert,” and Paul Butler, a photographer who moved to Leitrim in the 1990s and who has been accumulating a pictorial narrative of McGahern’s home county ever since. As part of the Red Rua book festival in 2013, the authors decided to do an illustrated talk on McGahern’s work that would go alongside Paul’s exhibition, Still, which is a combination of images and text revolving around the writer’s native county.

Exploring The Motivations Of Tourism Social Entrepreneurs: The Role Of A National Tourism Policy As A Motivator For Social Entrepreneurial Activity In Ireland, Ziene Mottiar

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Purpose – The purpose of this paper is to examine the motivations of social entrepreneurs. It explores the case of the Gathering in Ireland in 2013, when against a backdrop of recession, the national Government encouraged individuals and communities to organize events and invite the Diaspora to visit Ireland as a way of helping the country to revitalize. Some 5,000 events took place across the country during the year, and this paper examines this in the context of social entrepreneurship. Three research questions are posed: Who were these tourism and social entrepreneurs who organized events as a result of the …

Medicaid Planning In Idaho, John A. Miller

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No abstract provided.

The Effects Of High Literacy Demands In Mathematics On International Students, Fiona Faulkner, Clare O'Hara, Mark Prendergast

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Project Maths is an ambitious reform of Irish post-primary education. It involves changes to what students learn in mathematics, how they learn it and how they will be assessed. There is a much greater emphasis placed on student understanding of mathematical concepts, with increased use of contexts and applications that will enable students to relate mathematics to their everyday experiences. The assessment reflects the different emphasis on problem solving and applications in the teaching and learning of mathematics and there is a much greater emphasis on reading and understanding the problems. Hence there is a greater emphasis on student’s English …

Because And Effect: Another Take On Inclusive Communities, Lee Anne Fennell

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No abstract provided.

Protecting The Free-Range Kid: Recalibrating Parents' Rights And The Best Interest Of The Child, David Pimentel

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No abstract provided.

Water Law Reform In The Face Of Climate Change: Learning From Drought In Australia And The Western United States, Barbara Cosens

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Western societies have developed three approaches to governance of common pool resources such as water: 1) The division of the resource into private property; (2) government regulation; and 3) local self-organization. This article asserts that all three are needed in varying combinations to rise to the challenge presented by the impact of climate change on water supply and demand. Drought presents a preview of potential future climate scenarios and Australia and the western United States are both responding to its harshness through innovation in water governance. These experiments present an opportunity to compare the approaches of Australia and the western …

Adaptive Governance Of Water Resources Shared With Indigenous Peoples: The Role Of Law, Barbara Cosens

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Adaptive governance is an emergent phenomenon resulting from the interaction of locally driven collaborative efforts with a hierarchy of governmental regulation and management and is thought to be capable of navigating social-ecological change as society responds to the effects of climate change. The assertion of Native American water rights on highly developed water systems in North America has triggered governance innovations that resemble certain aspects of adaptive governance, and have emerged to accommodate the need for Indigenous water development and restoration of cultural and ecological resources. Similar innovations are observed in the assertion of Indigenous voices in Australia. This presents …

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

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No abstract provided.

Judicial Lawmaking And General Principles Of Law In International Criminal Law, Neha Jain

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General principles of law are a primary mechanism for “gap-filling” in international criminal law. However, their interpretation by tribunals has been fitful, contradictory, and misguided. Given that general principles have been used to settle crucial legal issues that affect the rights of the accused, the confusion concerning their application threatens the legitimacy of international criminal justice. This Article critiques the various conceptions of general principles developed by scholars and tribunals based on the criteria of formal and material validity and exposes the problems with their application in light of comparative law and criminal law theory. The Article challenges international criminal …

The United Nations Working Group On Arbitrary Detention: Procedures And Summary Of Jurisprudence, David Weissbrodt, Brittany Mitchell

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For nearly twenty-five years, the United Nations Working Group on Arbitrary Detention has provided a well-respected jurisprudence on fundamental human rights, such as: freedom of expression and religion; limits on administrative detention; restrictions on discrimination in detention; and violations of the right to fair trial. The Working Group has amassed a unique collection of legal principles applicable to individuals detained by the United States, including asylum seekers, immigrants, and refugees. The decisions of the Working Group have also applied to non-state actors.

'Against All Odds': Head Chefs Profiled, Máirtín Mac Con Iomaire, Hannah Allen

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This study based on a survey of 170 head chefs provides the first comprehensive empirical data on the profile of head chefs in the Republic of Ireland. Eighty-four percent of head chefs were male and the majority (48.8%) were in their thirties. There is an increased rise in the attainment of degrees (currently at 35%), but findings showed that it takes years to advance in the industry, where there is a high rate of turnover. This article both reviews and adds to the international literature on the occupation of chef and raises questions for further research such as: Why are …

Archivists And Thespians: A Case Study And Reflections On Context And Authenticity In A Digitization Project, Matthew J. Gorzalski

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During a recent digitization project between archivists and theater faculty at Southern Illinois University Carbondale (SIUC), different assumptions and perspectives revealed competing ideas about context and authenticity of primary sources. This article discusses these points of contention by framing them within similar concerns expressed in the archival and humanities literature. It then examines theater literature to understand performance studies research needs and to conceptualize notions of context and authenticity in theater scholarship. The article supports prior assertions that notions of context and authenticity are not absolute but are rooted in the perspectives of different disciplines. It also argues that when …

Gradual Marriage, Jessica Feinberg

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The time has come to reform the law governing marriage. In determining the rights and obligations between spouses arising from marriage, current law does not adequately account for the way in which spousal behaviors and expectations change over the course of a marriage. With regard to intact marriages, under the existing legal framework, the spousal rights and obligations enjoyed by couples in intact marriages arise all at once—at the moment a couple is granted a marriage license—and do not change as the years of marriage pass or as children are born to the marriage. In terms of dissolving marriages, with …

A Literature Review Of The Evolution Of British Prefabricated Low-Rise Housing, Daniel O'Neill, Samantha Organ

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Purpose – The purpose of this paper is to explore academic papers and reports and present a chronology of the evolution of British low-rise prefabricated housing. The paper provides chronological information for construction and surveying researchers undertaking research in associated areas.

Design/methodology/approach – This is a qualitative literature review, providing an exploration and analysis of academic papers and reports on low-rise prefabricated housing.

Findings – A substantial literature was discovered. However, there are gaps in the available literature. The history of British construction technology is a rich research area but is under-researched. Prefabricated housing has a long history dating back …

A Tale Of Three Markets: Comparing The Renewable Energy Experiences Of California, Texas, And Germany, Felix Mormann, Dan Reicher, Victor Hanna

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The Obama administration has repeatedly identified the large-scale build-out of clean, renewable energy infrastructure as a key priority of the United States. The President's calls for a cleaner energy economy are often accompanied by references to other industrialized countries such as Germany, hailed by many as a leader in renewable energy deployment. Indeed, the share of renewables in Germany's electricity generation mix is twice that of the United States, and the ambitious "Energiewende" commits the country to meeting 80% of its electricity needs with renewables by 2050. While some praise the German renewables experience as successful proof of concept, others …

Cuba Conundrum: Corporate Governance And Compliance Challenges For U.S. Publicly-Traded Companies, Marcia Narine

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No abstract provided.

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

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Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …

Delayed Valuation: A Reanalysis Of Goal Features, “Upwards” Complementizer Agreement, And The Mechanics Of Case, Vicki Carstens

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There are at least four opposing views on the directionality and configuration of Agree relations. In mainstream Minimalism, Agree is strictly downward “probing” (Chomsky 2000, 2001, Boskovic 2007, Epstein & Seely 2006), but some recent works argue instead that Agree always looks upwards (Zeijlstra 2012; Wurmbrand 2012). A third perspective takes agreement to follow from the Spec, head configuration (Koopman 2006; and see Chomsky’s 2013 labeling through shared prominent features), and under a fourth proposal, the directionality of Agree varies parametrically (Baker 2008). While each of these approaches has some empirical support, none achieves the strict conceptual necessity that is …

Is Theocracy Our Politics? Thoughts On William Baude's 'Is Originalism Our Law?', Richard A. Primus

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In Is Originalism Our Law?, William Baude has made a good kind of argument in favor of originalism. Rather than contending that originalism is the only coherent theory for interpreting a constitution, he makes the more modest claim that it happens to be the way that American judges interpret our Constitution. If he is right—if originalism is our law—then judges deciding constitutional cases ought to be originalists. But what exactly would the content of that obligation be? Calling some interpretive method “our law” might suggest that judges have an obligation to decide cases by reference to that method. But the …

Commentary On The Emerging Constitutional Indigenous Peoples Land Rights In Tanzania, Daniel Halberstam

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The pastoralists and hunter-gatherer indigenous peoples in Tanzania continue lobbying their recognition as such and protection of their land rights. This article discusses the extent to which the indigenous peoples are legally recognized and the state of their security of land tenure. With the hindsight of the UN Declaration on the Rights of Indigenous Peoples 2007 and the 2003 Report of the African Commission Working Group of Experts on Indigenous Population, this article probes the emerging indigenous land rights within the broader understating of the minority rights in the Draft Constitution of Tanzania 2014 as well as the Draft Policy …

Exposing The Gendered Myth Of Post Conflict Transition: The Transformative Power Of Economic And Social Rights, Madeleine Rees, Christine M. Chinkin

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Post conflict transition has become an industry, with a plethora of states, NGOs, experts, institutes, academics and U.N. bodies, all seeking to find the right formula to effect real and sustainable peace where previously there has been none. It is valuable and important, nevertheless, to note that "more than [fifty] percent of peace agreements fail within the first five years of signature". The evidence is clear: transitions are not working.

In this essay we seek to explain and deconstruct some of the terminology applied to post conflict situations by briefly looking at conceptss of "gender equality" participation, political economy, neo-liberalism, …

The Dynamics Of Flat Surface Internal Geophysical Waves With Currents, Alan Compelli, Rossen Ivanov

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A two-dimensional water wave system is examined consisting of two discrete incompressible fluid domains separated by a free common interface. In a geophysical context this is a model of an internal wave, formed at a pycnocline or thermocline in the ocean. The system is considered as being bounded at the bottom and top by a flatbed and wave-free surface respectively. A current profile with depth-dependent currents in each domain is considered. The Hamiltonian of the system is determined and expressed in terms of canonical wave-related variables. Limiting behavior is examined and compared to that of other known models. The linearised …

Better Than Bankruptcy?, Andrew B. Dawson

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According to many in the bankruptcy field, small business debtors are increasingly turning to state debtor-creditors laws as an alternative to federal bankruptcy relief. One particularly popular state law is the assignment for the benefit of creditors. The conventional wisdom is that these procedures provide a state law alternative to liquidate a business.

This article reports the results of an original empirical study that challenges this conventional wisdom. Gathering data from every assignment for the benefit of creditors in a major metropolitan area over a three-year period, this study shows that debtors and their secured creditors are using these procedures …

A Theory Of Copyright Authorship, Christopher Buccafusco

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The U.S. Constitution gives Congress the power to grant rights to “Authors” for their “Writings.” Despite the centrality of these terms to copyright jurisprudence, neither the courts nor scholars have provided coherent theories about what makes a person an author or what makes a thing a writing. This article articulates and defends a theory of copyrightable authorship. It argues that authorship involves the intentional creation of mental effects in an audience. A writing, then, is any fixed medium capable of producing mental effects. According to this theory, copyright may attach to the original, fixed, and minimally creative form or manner …

The Failings Of Alabama Water Law, Heather Elliott

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Alabama policymakers have for decades discussed how to improve Alabama's water law but have made no progress in finding solutions A persistent theme in the hesitation to adopt waterpolicy legislation is that we must better understand our water resources before we can take action Our waterpolicy problems however have very little to do with the nature of our water resources and everything to do with our legal regime Alabama uses nineteenthcentury common law to govern its water resources and that common law is inadequate to deal with twentyfirstcentury water uses The current common law renders unlawful many existing diversions of …

The Hole-In-The-Wall Gang View Of Life And America's Racial Future, Richard Delgado, Jean Stefancic

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No abstract provided.