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Nonconformity In American Law And Life: How Much Do We Really Value Diversity: 2016 Meador Lecture Meador Lecture Series 2016-2017: Identity, Richard Delgado

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No abstract provided.

The Rise And Fall Of Plausibility Pleading, Adam N. Steinman

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No abstract provided.

The Concept Of Property, Meredith M. Render

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This Article confronts the conceptualistnonconceptualist divide in property theory Specifically the Article addresses the primary normative objection to the conceptualist account of property In the course of addressing this criticism the Article bridges an important gap in the literature and provides a new way of understanding the legal concept of property as distinguished from other types of legal arrangementsThe conceptualistnonconceptualist divide centers on whether the legal concept of "˜property' can be said to have criterial features "“ that is features that make "˜property' both unique and distinguishable from other legal concepts such as contract Conceptualists understand the concept of "˜property' …

The Ideological Origins Of The Right To Counsel, John Felipe Acevedo

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The defense counsel is a paramount actor in modem criminal trials, but this was not always the case. Indeed, the allowance of counsel to felony defendants can be traced to only a few hundred years ago, a relatively modem innovation in the area of legal history. This Essay examines the intellectual origins of the right to counsel, which it situates in the era of the English Revolution. Drawing on pamphlet literature, cases, and statutes from the seventeenth century in both England and North America, it argues that the right originated from a fear of unfairness brought on by a mistrust …

Credit Reporting's Vicious Cycles, Luke Herrine

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This article argues that, despite being the least discriminatory form of underwriting in history, consumer credit reporting can reinforce and deepen systemic inequalities. Credit reports can create two sorts of vicious cycles, which can contribute to cycles of poverty and deepen race-based disenfranchisement. The first takes place in credit markets themselves. Even on a neoclassical model of credit reporting, and especially on a model that accounts for cognitive imperfections, credit reports can amplify past problems with debt, most of which can be traced to broader forces that shape economic inequality. The second cycle arises when credit reports are used in …

Contemporary Practice Of The United States Relating To International Law, October 2016, Kristina Daugirdas, Julian Davis Mortenson

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In this section: • Iran and United States Continue to Implement Nuclear Deal, Although Disputes Persist • United States Continues to Challenge Chinese Claims in South China Sea; Law of the Sea Tribunal Issues Award Against China in Philippines-China Arbitration • U.S. Navy Report Concludes That Iran’s 2015 Capture of U.S. Sailors Violated International Law • United States Justifies Its Use of Force in Libya Under International and National Law • U.S. Drone Strike Kills Taliban Leader in Pakistan • U.S. Government Releases Casualty Report, Executive Order, and Presidential Policy Guidance Related to Its Counterterrorism Strike Practices • The Department …

An Investigation Of Learning Outcomes For Msc Programs In Network And System Administration, Charles Border, Kyrre Begnum, Niels Sijm

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What is the essence of a graduate-level system administration education? What skills and abilities of the candidate should educators focus on when developing a new program? This paper investigates the learning outcomes from three MSc graduate programs in network and system administration. We use a tournament-based game as a survey to establish a ranking of all the outcomes from the programs. Our results show a clear emphasis on security and the ability to create working solutions based on abstract descriptions.

"Ideology" Or "Situation Sense"? An Experimental Investigation Of Motivated Reasoning And Professional Judgment, Dan M. Kahan, David Hoffman, Danieli Evans, Neal Devins, Eugene Lucci, Katherine Cheng, Katherine Cheng, Katherine Cheng

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This Article reports the results of a study on whether political predispositions influence judicial decisionmaking. The study was designed to overcome the two principal limitations on existing empirical studies that purport to find such an influence: the use of nonexperimental methods to assess the decisions of actual judges; and the failure to use actual judges in ideologically-biased-reasoning experiments. The study involved a sample of sitting judges (n = 253), who, like members of a general public sample (n = 800), were culturally polarized on climate change, marijuana legalization and other contested issues. When the study subjects were assigned to analyze …

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

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Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …

Branding Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

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Branding is important not only to businesses,but also to the economy. The intellectual property laws and tax laws should thus further the legitimate goals of encouraging and protecting brand investments while maintaining a sound tax base. Intellectual property protections for branding depend on advertisement and enforcement, both of which demand significant amounts of private investment by firms. Although one would expect similar tax treatments of both categories of investment, the categories are actually treated as vastly different for federal income tax purposes. Additionally, tax distinctions also exist within each category. The result is that some branding investments are expensed and …

Creative Capitalism And Human Trafficking: A Business Approach To Eliminate Forced Labor And Human Trafficking From Global Supply Chains, Dana Raigrodski

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A great amount of revenue generated by businesses in the global economy can be linked to the trafficking and enslavement of human beings. Yet, the current discourse on human trafficking fails to recognize the magnitude of benefit consumers, businesses, and economies gain from the work of forced and trafficked labor. Moreover, the limited efforts that seek to address this situation have focused on ways to encourage businesses to voluntarily adopt more socially responsible practices. These measures have had only limited success, and are generally believed to be in tension with the for-profit purposes of businesses.

Hence, the task of convincing …

Robots As Legal Metaphors, Ryan Calo

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This Article looks at the specific role robots play in the judicial imagination. The law and technology literature is replete with examples of how the metaphors and analogies that courts select for emerging technology can be outcome determinative. Privacy law scholar Professor Daniel Solove argues convincingly, for instance, that George Orwell's Big Brother metaphor has come to dominate, and in ways limit, privacy law and policy in the United States. Even at a more specific, practical level, whether a judge sees email as more like a letter or a postcard will dictate the level of Fourth Amendment protection she is …

Police Stories, Helen A. Anderson

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As lawyers and judges know, the facts, and the stories created with those facts, make the law: “[A] case well stated is more than half argued.” The police narrative is one of the most common narratives in legal writing, simply because there are so many criminal cases, as well as numerous civil cases, involving police. For the most part, these narratives tell the familiar story of the hardworking, careful police officer in a challenging situation with dangerous criminals.

These narratives do much of the work of an appellate argument, just as Chief Justice Robert’s story about Officer Devlin makes the …

Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor

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This Essay provides an overview of how patents played a core role in developing world-changing musical genres. This may be surprising, as normally copyright law is associated with incentivizing advances in the creative arts. But as this Conference’s theme [The IP Platform: Supporting Invention and Inspiration] and presentations emphasize, the whole range of intellectual property (“IP”), especially when viewed as a platform, supports innovation across the spectrum of human ingenuity and creativity.

This Essay is also intended to be read in conjunction with a viewing of the live-music demonstration of how pickups transformed popular music, delivered at the Conference and …

Judicial Wisdom Or Patent Envy? The Eleventh, Seventh And Federal Circuits’ Patent Jurisdictional Battle, Xuan-Thao Nguyen

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This article observes a startling new appellate jurisdictional battle waged by regional circuit courts to chip away the Federal Circuit's exclusive jurisdiction in patent cases. The Eleventh Circuit took an unprecedented step by engaging in patent claim construction and infringement under literal infringement analysis and the doctrine of equivalents analysis. In a case of first impression, the Eleventh Circuit asserted that it legitimately has appellate jurisdiction to decide cases involving substantive patent law. Instead of grabbing jurisdiction, the Seventh Circuit, through its Chief Judge, grabbed public attention by advocating for the abolishment of the Federal Circuit's exclusive jurisdiction over patent …

E-Cigarettes: Effective Cessation Tools Or Public Health Threat?, Luke Clancy, Kate Babineau

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In a short time, electronic cigarettes have become a multi-billion dollar industry. Since their introduction to the market, prevalence of ever-use among smokers in the USA appears to have increased from 2% in 2010 to >30% in 2012, and the rate of increase appears to be similar in the United Kingdom, Ireland and other Western countries according to a special Eurobarometer survey in 2014.1 The e-cigarette market is estimated to be worth over $3 billion. However, there is no consensus on the role of e-cigarettes and their contribution to the provision of smoking cessation (SC) services, nor to global tobacco …

An Irishman's Diary On John Mcgahern And 1916 : What Was It All For?, Eamon Maher

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No abstract provided.

Relationship Between Individualized Training Impulse And Aerobic Fitness Measures In Hurling Players Across A Training Period, Shane Malone, Kieran Collins

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The current study examined the association between individual internal training load (individualized training impulse, iTRIMP) and aerobic fitness variables in male hurling players. Twenty hurling players (age, 25.5 ± 3.2 years; height, 178.9 ± 3.2 cm; body mass, 78.5 ± 4.5 kg) performed treadmill testing for V[Combining Dot Above]O2max, running economy (RE), and the speed at blood lactate concentrations of 2 mmol·L (S2) and 4 mmol·L (S4) on separate occasions before and after an 8-week training period. The Yo-Yo intermittent recovery (Yo-YoIR1, Yo-YoIR2) test performance were also assessed before and after the training period. Individualized training impulse was calculated using …

Strategy/Enterprise Discourse Bounds In Business Talk., Brendan O'Rourke

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Corporate strategy emerged as large non-owner managed firms became economically important (Knights and Morgan, 1991). Strategy became the substitute for the earlier enterprise discourse, which depended on the dominance, in entrepreneurial capitalism, of owner-managed firms. The discourses of strategy and enterprise developed as separate academic areas and as logics of two very different economic domains. From the late 1970s however, large organizations (Kanter, 1983:27) and governments have been urged to be more entrepreneurial (Klein et al., 2010; Osborne and Gaebler, 1993). Meanwhile, small firms were encouraged to be more strategic (Carr, 2000). This article looks at evidence from small …

The Integration Of Internal And External Training Load Metrics In Hurling, Shane Malone, Dominic Doran, Ibrahim Akubat Ibrahim Akubat, Kieran Collins

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The current study aimed to assess the relationship between the hurling player’s fitness profile and integrated training load (TL) metrics. Twenty-five hurling players performed treadmill testing for VO2max, the speed at blood lactate concentrations of 2 mmol•L-1 (vLT) and 4 mmol•L-1 (vOBLA) and the heart rate-blood lactate profile for calculation of individual training impulse (iTRIMP). The total distance (TD; m), high speed distance (HSD; m) and sprint distance (SD; m) covered were measured using GPS technology (4-Hz, VX Sport, Lower Hutt, New Zealand) which allowed for the measurement of the external TL. The external TL was divided by the internal …

Linocin And Ompw Are Involved In Attachment Of The Cystic Fibrosis-Associated Pathogen Burkholderia Cepacia Complex To Lung Epithelial Cells And Protect Mice Against Infection, Siobhan Mcclean, Marc Healy, Cassandra Collins, Stephen Carberry, Luke O'Shaughnessy, Ruth Dennehy, Aine Adams Aine Adams, Helen Kennelly, Jennifer Corbett, Fiona Carty, Laura Ann Cahill, Máire Callaghan, Karen English, Bernard P. Mahon, Sean Doyle, Minu Shinoy

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Burkholderia cepacia complex (Bcc) causes chronic opportunistic lung infections in people with cystic fibrosis (CF) resulting in a gradual lung function decline and, ultimately, patient death. Bcc is a complex of eighteen species and is rarely eradicated once a patient is colonised, therefore vaccination may represent a better therapeutic option. We developed a new proteomics approach to identify bacterial proteins that are involved in attachment of Bcc to lung epithelial cells. Fourteen proteins were reproducibly identified by 2-DE from four Bcc strains, representative of two Bcc species: B. cenocepacia, the most virulent and B. multivorans, the most frequently acquired. Seven …

Yo-Yo Intermittent Recovery Test Performance In Subelite Gaelic Football Players From Under Thirteen To Senior Age Groups, Mark Roe, Shane Malone

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Gaelic football is indigenous to Ireland and has similar locomotion profiles to soccer and Australian Football. Given the increasing attention on long-term player development, investigations into age-related variation in Yo-YoIR1 performance may provide useful information in talent identification, programme design, and player monitoring. Therefore, the aim of this study was to evaluate Yo-YoIR1 performance across Gaelic football age groups. Male participants (n = 355) were recruited from division one, Gaelic football teams. Participants were allocated to one of seven groups according to respective age groups from under 13 (U13), under 14, under 15 (U15), under 16 (U16), minor, under 21 …

Private Dollars For Public Litigation: An Introduction, Anthony J. Sebok

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The article argues that litigation investment—where third-party funders provide capital for lawsuits in exchange for a share of potential recoveries—should be extended to public litigation. It contends that the economic rationale for litigation investment applies equally to public entities, such as state Attorneys General, as it does to private litigants. The author highlights the funding gap in public litigation, particularly in large-scale cases against well-resourced defendants, and suggests that litigation investment could address this gap more effectively than contingent fee arrangements with private attorneys.

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

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Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …

An Analysis Of Folic Acid Supplementation In Women Presenting For Antenatal Care, Shona Cawley, Laura Mullaney, Aoife Mckeating, Maria Farren, Daniel Mccartney, Michael Turner

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Background: Neural tube defects (NTDs) are major congenital malformations that are potentially preventable if the woman takes periconceptional folic acid (FA) supplements. A recent report found that NTD incidence had increased in Ireland. This study examined the usage of FA supplementation in women presenting for antenatal care in a maternity hospital.

A New Educational Mobile Devices Platform For Social Inclusion In Tanzania, Fredrick Mtenzi

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Abstract— It is evident that advances in technology has led to improvement in societal wellbeing. In this paper we demonstrate how mobile phones are used in providing reliable and quality education to students in disadvantaged areas of Tanzania. The main contribution is on leveraging on the success that Tanzania has had on using mobile banking to the un-banked population. These lessons are adapted to the education sector, where clever/smart integration of existing disruptive technologies such as mobile phones and social networks are be used to provide access to high quality educational contents. Further, the paper shows how educational content can …

All The World's A Page: Towards A Definition Of 'Writer' In An Age Of Opportunity, Sue Norton

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This article considers the status of the writer at a time when publication is no longer elusive, given the immediacy of online dissemination. For those who identify as writers, it looks at the implications of blogging, social media, entrepreneurial self-publishing, and scholarly open access journals, including so-called ‘predatory’ ones. It argues for a distinction between day-to-day writing and composition, and seeks to establish a category for the writer that takes account of deliberation, craft, and readership. It juxtaposes the creative activity of Jack Kerouac, Virginia Woolf, Truman Capote, and Mother Goose against the linguist John McWhorter’s convincing dismissal of the …

The Science Of Christmas: Dinner Table, Máirtín Mac Con Iomaire

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This article discusses the science of preservation behind two famous Irish and English Christmas foods, Christmas Pudding and Mince Pies.

The Challenges Of Leading Change In Health-Care Delivery From The Frontline, Vivienne Byers

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Aim: The public sector is facing turbulent times and this challenges nurses, who are expected to serve both patient interests and the efficiency drives of their organisations. In the context of implementing person-centred health policy, this paper explores the evolving role of front-line nurses as leaders and champions of change.

Background: Nurses can be seen to have some autonomy in health-care delivery. However, they are subject to systems of social control. In implementing person- centred policy, nurses can be seen to be doing the best they can within a constrained environment.

Method: A survey of nursing practice in person-centred health-policy …

Eamon Maher On Jean Sulivan, Eamon Maher

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