Digital Commons Network^™

Undocumented No More: The Power Of State Citizenship, Peter L. Markowitz

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An estimated eleven million undocumented immigrants live in the United States. These individuals have become integral members of American families and vital components of the American economy. Yet repeated efforts to meaningfully reform the nation's immigration laws--to more fully integrate these individuals into American society-have failed to garner sufficient political support in Congress. The prospects for significant congressional action on immigration reform remain bleak into the foreseeable future as our nation's debate on immigration has been warped by powerful, but largely inaccurate, themes of criminality, lax border enforcement, and national security threats. These themes have been crafted and cemented in …

An Unapologetic Defense Of The Classical Liberal Constitution, Richard A. Epstein

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No abstract provided.

Developing An Elite Formation Index For Comparative Elite Studies: The Schooling Of Irish And Uk Cabinet Ministers, Brendan O'Rourke, John Hogan, Paul Donnelly

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Elites and their formation have become a matter of increasing public concern and research interest in recent years. The lessons from such research can be made more generalisable if a measure of elite formation could be developed that is comparable across different elite formation systems, whether they differ by elite, time or country. But, the nature of elite formation renders this a complex task. Nevertheless, in this article, by building upon measures employed in other fields such as industrial economics, indices are constructed that facilitate the comparison of elite formation systems. This is illustrated through a comparison of the schooling …

Should The Law Preserve Party Control? Litigation Investment, Insurance Law, And Double Standards, Anthony J. Sebok

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Litigation investment, sometimes known as litigation finance, is increasingly accepted around the world. Once prohibited as champerty, litigation investment is now embraced in England, Canada, and Australia, as well as in many civil law nations. In the United States, the development of a robust market for investment in litigation has been met by various objections. One objection is that litigation investment interferes with the autonomy of lawyers. A second objection is that it promotes frivolous litigation.

This Article takes up a popular argument against litigation investment: the legal system should not encourage parties to sell their control over litigation that …

Tour Guides And The Mediation Of Difficult Memories: The Case Of Dublin Castle, Ireland, Bernadette Quinn, Theresa Ryan

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This research seeks to furthering understandings of how Tour Guides interpret memories at heritage sites when the memories at issue are difficult yet subtle and not always apparent to tourists. Specifically, it explores how Dublin Castle, formerly the seat of British rule in Ireland, is captured in narratives presented to tourists that often include Britons. Representing the site is made challenging because some visitors have little knowledge of the site's history, while others are well informed and hold strong political views. The findings show that Guides select largely depoliticized narratives, strongly influenced by their personal interests and experiences. Some hint …

The Western Way: Democracy And The Media Assistance Model, Daire Higgins

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International media assistance took off during a time where the ideological extremes of USA vs. USSR were set to disappear. Following the Cold War, international relations focused on democracy building, and nurturing independent media was embraced as a key part of this strategy. Fukayama called it the ‘End of History’, the fact that all other ideologies had fallen and Western style democracy was set to become the one common ideology. The US and UK led the way in media assistance, with their liberal ideas of a free press, bolstered by free market capitalism. America was the superpower, and forged the …

Social Services Will Not Touch Us With A Barge Pole’: Social Care Provision For Older Prisoners, Kate O'Hara, Katrina Forsyth, Jane Senior, Caroline Stevenson, Adrian Hayes, David Challis, Jenny Shaw

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Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services but reported significant difficulties in arranging care for individuals. A professional lead for older prisoners had been identified in 81% of …

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

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“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

Matafunctional/Metafictional Objects, Paolo Cardini

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No abstract provided.

Current Advances In The Application Of Raman Spectroscopy For Molecular Diagnosis Of Cervical Cancer, Ines Martins Ramos, Alison Malkin, Fiona Lyng

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Raman spectroscopy provides a unique biochemical fingerprint capable of identifying and characterizing the structure of molecules, cells and tissues. In cervical cancer, it is acknowledged as a promising biochemical tool due to its ability to detect pre-malignancy and early malignancy stages. This review summarizes the key research in the area and the evidence compiled is very encouraging for ongoing and further research. In addition to the diagnostic potential, promising results for HPV detection and monitoring treatment response suggest more than just a diagnosis prospective. A greater body of evidence is however necessary before Raman spectroscopy is fully validated for clinical …

Mind Mapping: Overcoming Problems Of Writer Identity And Convention For Academic Writing By Student Collaboration, Carmel O'Reilly

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This article will consider Mind Mapping as an eLearning tool for the enhancement of learning and assessment within the discipline of academic writing. Building on research which relates to the use of Mind Mapping by students of English as a foreign language (EFL), this article will reflect specifically on students taking a module in Applied Writing on a Mature Access Foundation Programme (MAFP), at Institution X. It goes on to explore existing research in order to highlight two key problems student writers have in common: firstly, writer identity and the affective domain of writing and second, the conventions of academic …

Legal Realism And Legal Doctrine, Brian Leiter

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No abstract provided.

Best Practices For Conducting Evaluations Of Sign Language Animation, Matt Huenerfauth, Hernisa Kacorri

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Automatic synthesis of linguistically accurate and natural-looking American Sign Language (ASL) animations would make it easier to add ASL content to websites and media, thereby increasing information accessibility for many people who are deaf. Based on several years of studies, we identify best practices for conducting experimental evaluations of sign language animations with feedback from deaf and hard-of-hearing users. First, we describe our techniques for identifying and screening participants, and for controlling the experimental environment. Finally, we discuss rigorous methodological research on how experiment design affects study outcomes when evaluating sign language animations. Our discussion focuses on stimuli design, effect …

Rule Of Law Reform In Transitional States: Bringing Method To The Madness - A Review Of Advancing The Rule Of Law Abroad: Next Generation Reform By Rachel Kleinfeld, David Pimentel

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No abstract provided.

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

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In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …

Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture

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No abstract provided.

False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture

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No abstract provided.

The Status Of Nonstatus, Geoffrey Heeren

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Millions of unauthorized immigrants in the United States have no legal immigration status and live in constant fear of deportation. There are millions more who do have some sort of status, like lawful permanent residency, asylum, or a nonimmigrant visa. In between is the netherworld of nonstatus. Here live noncitizens who possess government documentation but few rights. They have no pathway to lawful permanent residence or citizenship and cannot receive most public benefits. If nonstatus is denied or revoked by a prosecutor or bureaucrat, there is no right to a hearing or an appeal. If the Executive Branch discriminates in …

The Problem Of Local Methods In Cross-Border Insolvencies, Andrew B. Dawson

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No abstract provided.

How Spontaneous? How Regulated?: The Evolution Of Property Rights Systems, Richard A. Epstein

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No abstract provided.

Criminal Corruption: Why Broad Definitions Of Bribery Make Things Worse, Albert W. Alschuler

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No abstract provided.

Entick V. Carrington And Boyd V. United States: Keeping The Fourth And Fifth Amendments On Track, Richard A. Epstein

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No abstract provided.

Custom In The Courts, Lisa Bernstein

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No abstract provided.

A Response To The Ipcc Fifth Assessment, Sarah J. Adams-Schoen, Deepa Badrinarayana, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Jessica Owley, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

Articles

The Intergovernmental Panel on Climate Change's (IPCC) Fifth Assessment Report presented significant data and findings about climate change. But the IPCC's working groups' summaries for policymakers avoid making normative statements about the IPCC's findings. The authors, members of the Environmental Law Collaborative, bridge this gap by identifying the normative claims that stem from the working groups' summaries to spark deeper discussion and help shape the IPCC's sixth assessment.

Comparative International Law At The Icty: The General Principles Experiment, Neha Jain

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For a significant period of time, the comparativist and the international lawyer were con- sidered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law.1 Of these, one of the ripest areas for further reflection is the “general prin- ciples of law” as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles …

Rent-Seeking And Litigation: The Hidden Virtues Of Limited Fee-Shifting, Francesco Parisi, Emanuela Carbonara, Georg Von Wangenheim

Articles

In the past couple of decades, scholars have predominantly employed rent-seeking models to analyze litigation problems. In this paper, we build on the existing literature to show how alternative fee-shifting arrangements (i.e., the American rule and modified English rule) affect parties' litigation expenditures and their decisions to litigate. Contrary to the prevailing opinion, we discover some interrelated advantages of the English rule over the American rule, including the reduction of litigation rates and reduction of expected litigation expenditures. Our results unveil a hidden virtue of the English rule, showing that an increase in fee-shifting may have the effect of reducing …

The New Way Of War: Is There A Duty To Use Drones?, Oren Gross

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Drones have become the poster child for America’s continuing fight against terrorism under President Obama, playing the role that torture had occupied during the Bush administration: a morally, legally, and politically controversial issue that drives a wedge between the United States and much of the rest of the world. Covert drone attacks orchestrated by the CIA around the world, including in areas that lie outside recognized war zones, raise a range of difficult questions that have been heavily debated by scholars, policy-makers and in the general media. However, that discussion has focused on whether states have the legal right to …

Identity And Form, Jessica A. Clarke

Articles

Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. Commentators across the political spectrum have made calls to settle these debates with evidence of official designations on birth certificates, application forms, or other records. This move toward formalities seeks to transcend the usual divide between those who believe identities should be determined based on objective biological or social standards, and those who believe identities are a matter of individual choice. Yet legal scholars …

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

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As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …

The Contribution Of Phonological Knowledge, Memory, And Language Background To Reading Comprehension In Deaf Populations, Elizabeth A. Hirshorn, Matthew W G Dye, Peter Hauser, Ted R. Supalla

Articles

While reading is challenging for many deaf individuals, some become proficient readers. Little is known about the component processes that support reading comprehension in these individuals. Speech-based phonological knowledge is one of the strongest predictors of reading comprehension in hearing individuals, yet its role in deaf readers is controversial. This could reflect the highly varied language backgrounds among deaf readers as well as the difficulty of disentangling the relative contribution of phonological versus orthographic knowledge of spoken language, in our case ‘English,’ in this population. Here we assessed the impact of language experience on reading comprehension in deaf readers by …