Digital Commons Network^™

College Is Where The Real Learning Happens: Perceptions From Irish Craft Apprentices Using Interpretative Phenomenological Analysis, Eric Bates

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This research set out to examine the learning experience of three apprentice painters and decorators on the Irish Standards Based Apprenticeship from the Technological University Dublin. This apprenticeship involves college based and work based learning. The main aim of the study was to explore the learning experiences of apprentices in their own words. This would provide for unique insights into their learning experience. The research method was one on one semi structured interviews and the data was analysed using interpretative phenomenological analysis. One of the super ordinate themes that emerged from the data analysis was the perception among the participants …

Locative Histories: Exploring The Continued Influence Of Early Locative Media Art, Conor Mcgarrigle

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This paper, which draws on aspects of my doctoral research, traces the influence of early Locative Media Art on the current form and application of location-aware technologies. The mechanisms and impulse for this influence are introduced and analyzed and it is proposed that they point to new approaches in the consideration of the agency of Locative Media art.

I return to the origins of Locative Media at the Karosta workshop and the ambitions of early practitioners to argue that the practice was based on a prescient analysis of the potential for ubiquitous networked location-awareness. From this analysis was developed an …

Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok

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Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs' lawyers skilled in bringing small value, large-scale litigation-the typical consumer, employment, and antitrust claims that have made up the bulk of class action litigation over the past forty years-hit upon a viable business model which would allow them to arbitrate one-on-one claims efficiently and profitably? The obstacles are tremendous: without some means of recreating the economies of scale and reaping the fees provided by the aggregative device of Rule 23, no rational lawyer would expend the resources to develop and arbitrate individual, small-value claims against …

Two Models Of Unpatentable Subject Matter, Alan L. Durham

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Patentable subject matter has become one of the most controversial areas of patent law Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter One posits that natural laws natural phenomena and abstract ideas are themselves ineligible for patenting and that each example of a natural law natural phenomenon or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity "” or "inventive concept" "” that sufficiently distinguishes those inventions from their natural counterparts This "penumbral" …

Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs

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No abstract provided.

A Troublesome Right: The Law In Dworkin's Treatment Of Law And Religion A Symposium On Ronald Dworkin's Religion Without God, Paul Horwitz

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No abstract provided.

Company Law And The Law Of Succession Droit Commercial/Commercial Law Section Iii.A: Commercial Law, Kenneth M. Rosen

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No abstract provided.

The Anomaly Of Entrapment, Jessica A. Roth

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Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying threats too late, government agents are moving aggressively to identify potential terrorists before they strike. Undercover agents and confidential informants necessarily play a large role in such efforts. As a result of such operations, we have seen a number of cases brought to trial in the federal courts in which defendants have asserted the entrapment defense. To date, the defense has not succeeded. However, as a consequence of these cases, the United States Supreme Court may …

European Legal Development: The Case Of Tort: Comparative Studies In The Development Of The Law Of Tort In Europe, Vol 9, Anthony J. Sebok

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This review addresses volumes 7-9 of the series Comparative Studies in the Development of the Law of Torts in Europe, edited by John Bell and David Ibbetson and published by Cambridge University Press.

The Controversy Over Citations To Foreign Authorities In American Constitutional Adjudication And The Conflict Of Judicial Philosophies: A Reply To Professor Glendon, Michel Rosenfeld

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The controversy over U.S. Supreme Court justices citing foreign authorities in constitutional cases reflects a deeper ideological divide between restrictive and expansive judicial philosophies. This debate, evident in cases like Lawrence v. Texas and Roper v. Simmons, transcends traditional labels like originalism or political ideology, focusing instead on whether judges should defer to majoritarian decisionmaking or actively shape evolving rights. The article argues that the furor over foreign citations will diminish once the broader philosophical clash over judicial interpretation is resolved, as differences over foreign authorities are secondary to this central divide.

Constitutionally Tailoring Punishment, Richard A. Bierschbach, Stephanos Bibas

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Since the turn of the century, the Supreme Court has regulated noncapital sentencing under the Sixth Amendment in the Apprendi line of cases (requiring jury findings of fact to justify sentence enhancements) as well as under the Eighth Amendment in the Miller and Graham line of cases (forbidding mandatory life imprisonment for juvenile defendants). Although both lines of authority sound in individual rights, in fact they are fundamentally about the structures of criminal justice. These two seemingly disparate doctrines respond to structural imbalances in noncapital sentencing by promoting morally appropriate punishment judgments that are based on individualized input and that …

Washington Trust Law's Extreme Makeover: Blending With The Uniform Trust Code And Taking Reform Further With Innovations In Notice, Situs, And Representation, Karen E. Boxx, Katie S. Groblewski

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Washington trust laws were comprehensively revised in 2011 and 2013, resulting in the integration of concepts from the Uniform Trust Code and the addition of some novel provisions. This article discusses in depth the evolution of Washington law regarding the duties to inform and report, the situs of a trust, and representation of interested parties. In addition, this article discusses other UTC provisions that were integrated into Washington statutes and gives an explanation of any departures from UTC language and prior Washington law.

Mock Trials And Real Justices And Judges, Richard A. Posner

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No abstract provided.

The New Ruins Of North Cyprus, Jim Roche

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This article is a critical commentary on the speculative physical development that occurred in North Cyprus in the period following the defeat of the Kofi Annan Plan (2004) for a political settlement for the islanders.

The rejection of the Annan V Plan by Greek Cypriot voters, and its acceptance by Turkish Cypriots, was interpreted and manipulated by certain political forces and vested interests in the TRNC as a carte blanche to ‘improve’ by development, property with Greek Cypriot title deeds. After the failed referendum the physical development of North Cyprus escalated at a gigantic rate. According to one ex-patriot: “In …

In Search Of The Original "Skewball", Seán Ó Cadhla

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The well-known horseracing ballad ‘Skewball’ has been widely documented in oral tradition on both sides of the Atlantic, as well as on numerous English broadside printings. It recounts the tale of a mid-eighteenth-century horserace held at The Curragh of Kildare, in which a heavily-backed mare is comprehensively beaten by a relatively unknown skewbald gelding leaving the mare’s owner — along with much of the assembled onlookers — significantly out of pocket. The ballad became widely popularised in North America where it was first published in a song book in 1826 (Benton 1826:3-4). It was later subsumed into African-American song tradition, …

Towards A Structured Approach To Reading Historic Cookbooks, Máirtín Mac Con Iomaire

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This article discusses the methodology Barbara Ketchum Wheaton uses in her Reading historic Cookbook Seminars in Harvard and elsewhere and discusses from a participants perspective the strenghts of using this methodology to unlock hidden secrets of historic cookbooks.

Rationalizing Creativity—Rationalizing Public Service: Is Scheduling Management Fit For The Digital Era?, Ann-Marie Murray

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In public broadcast organizations across Europe, scheduling has been transformed from a marginal, administrative activity to a highly strategic management tool (Hellman, 1999; Hujanen, 2002; Meier, 2003;Ytreberg, 2000) Ellis (2000)described it as “the locus of power in television,” organizing production and managing budgets (p. 26). The role of scheduling in public broadcast organizations today reflects the demands of increasing competition and political pressure for efficiency and accountability. However, new challenges have emerged in the transition from public service broadcasting to public service media (PSM). PSM providers must redefine their mission for the digital era and find …

Knowing Knowledge, Noel Fitzpatrick

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The position of the Art Academy in relation to third level education seems to be on the agenda in a number of ways at the moment. Recently at IMMA there was a panel discussion on the topic of “Art Academy+Knowing” in the context of the I Know You exhibition which is takign place there at the moment, but also within the wider sector there seems to be a sequence of alliances between the tradition Art College and third level education. The movement towards more integration of the stand alone Art Colleges and third level education is high on the agenda …

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

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No abstract provided.

Gender Quotas After The End Of Men, Julie C. Suk

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The article explores the evolving role of gender quotas in a society where women are increasingly surpassing men in education and professional sectors, a concept termed "the end of men." It examines the legal and social implications of gender quotas, contrasting France's constitutional commitment to gender parity with Sweden's shift away from such quotas as they begin to disadvantage women in certain contexts. The author argues that the justification for gender quotas is being reevaluated, moving from correcting historical discrimination to maintaining gender balance as a permanent societal goal.

Tiers Of Scrutiny In Enumerated Powers Jurisprudence, Aziz Huq

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This Article identifies and analyzes the recent emergence of a "tiers of scrutiny" system in Supreme Court jurisprudence respecting the boundaries of Congress's enumerated powers. The inquiry is motivated by the Court's recent ruling on the federal healthcare law, which demonstrated that the national legislature's election among its diverse textual sources of authority in Article I can have large, outcome-determinative consequences in constitutional challenges to federal laws. This is so because the Court not only delineates each power's substantive boundaries differently but also applies distinct standards of review to the various legislative powers enumerated in Article I and elsewhere in …

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

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Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?

Prosecuting Those Bearing Greatest Responsibility: The Lessons Of The Special Court For Sierra Leone, Charles C. Jalloh

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This Article examines the controversial article 1(1) of the Statute of the Special Court for Sierra Leone (SCSL) giving that tribunal the competence "to prosecute those who bear the greatest responsibility" for serious international and domestic crimes committed during the latter part of the notoriously brutal Sierra Leonean conflict. The debate that arose during the SCSL trials was whether this bare statement constituted a jurisdictional requirement that the prosecution must prove beyond a reasonable doubt or merely a type of guideline for the exercise of prosecutorial discretion. The judges of the court split on the issue. This paper is the …

Mitigating The Effects Of An Economic Downturn On Charitable Contributions: Facing The Problem And Contemplating Solutions, Grace S. Lee

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Charitable giving has been a foundation of American society almost since the nation began, but the issue of how such giving should be treated for tax purposes has been the subject of frequent debate. Scholars have proposed various theories explaining why the positive effects of this deduction on both donors and donees outweigh the negative impact on government coffers of this tax expenditure, although many still criticize certain features of the deduction in its current form. However, one area of this research that has previously been neglected is how the charitable sector is affected by changes to the economy at …

Fifty Years Of ‘The Barracks’, Eamon Maher

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John McGahern’s first novel, The Barracks , was published 50 years ago, thus marking the arrival of one of Ireland’s most significant writers of the latter half of the20th century. The following year, 1964, saw the book awarded the prestigious Macauley Fellowship, which allowed McGahern to avail of a one-year sabbatical from his teaching duties in Scoil Eoin Baiste in Clontarf.

Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior

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No abstract provided.

Our Electoral Exceptionalism, Nicholas Stephanopoulos

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Election law suffers from a comparative blind spot. Scholars in the field have devoted almost no attention to how other countries organize their electoral systems, let alone to the lessons that can be drawn from foreign experiences. This Article begins to fill this gap by carrying out the first systematic analysis of redistricting practices around the world. The Article initially separates district design into its three constituent components: institutions, criteria, and minority representation. For each component, the Article then describes the approaches used in America and abroad, introduces a new conceptual framework for classifying different policies, and challenges the exceptional …

Raising The Stakes In Patent Cases, Anup Malani, Jonathan Masur

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No abstract provided.

Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield

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In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and …

Personal Jurisdiction And Choice Of Law, Stewart E. Sterk

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The article critiques the Supreme Court's recent personal jurisdiction decisions for failing to provide a clear doctrinal framework, arguing that the Court has oscillated between prioritizing state sovereignty and individual liberty without adequately balancing these interests. The author contends that personal jurisdiction doctrine must evolve to address the complexities of modern, interconnected commerce while protecting both state regulatory power and defendants' reliance interests. The analysis emphasizes the need for a coherent approach that integrates fairness, foreseeability, and sovereign authority in jurisdictional determinations.