Digital Commons Network^™

Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations., Julian Arato

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Like all constituted bodies of government, international organizations change over time-sometimes in profound and unexpected ways. Besides developing through the obvious mechanism of formal amendment by the constituent member states, these governance bodies can and do undergo a more autonomous kind of constitutional development-what might be called informal constitutional change or transformation. This type of quiet evolution may occur on different levels-including the reordering of the organization's internal architecture in terms of the relative competences of its various organs, as well as the development of the powers of the organization as a whole vis-a­vis the states parties. Unlike formal amendment, …

Gender And New Wars, Christine M. Chinkin, Mary Kaldor

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War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …

Mathematical Modelling At Secondary School: The Macsi-Clongowes Wood College Experience, J.P.F. Charpin, S. O'Hara, Dana Mackey

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In Ireland, to encourage the study of STEM (science, technology, engineering and mathematics) subjects and particularly mathematics, the Mathematics Applications Consortium for Science and Industry (MACSI) and Clongowes Wood College (County Kildare, Ireland) organized a mathematical modelling workshop for senior cycle secondary school students. Participants developed simple mathematical models for everyday life problems with an open-ended answer. The format and content of the workshop are described and feedback from both students and participating teachers is provided. For nearly all participants, this workshop was an enjoyable experience which showed mathematics and other STEM components in a very positive way.

Does Living By The Sword Mean Dying By The Sword, Charles Chernor Jalloh

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This article examines the right to self-representation in international criminal law, and the common challenges posed for judges effectuating that right in international criminal courts. Using a comparative law approach, the paper demonstrates how the interpretation of that right initially borrowed heavily from U.S. common law and later European civil law to address the problems caused by self-representing, disruptive, and uncooperative defendants. Although the right to self-representation is a Sixth Amendment right in U.S. law, and an equally fundamental one in international law, the author contends that this right seems better in theory than in practice. Indeed, since no self-representing …

Provisional Arrest And Incarceration In The International Criminal Tribunals, Melinda Taylor, Charles C. Jalloh

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This article examines the widely ignored but important issue regarding the provisional arrest and detention of persons suspected of having committed international crimes by international or internationalized courts. The paper examines the pioneer case law and practice of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Tribunal for Lebanon, as well as the emerging practice of the permanent International Criminal Court, to evaluate how these courts have generally addressed the rights of these individuals to due process and freedom from arbitrary arrest and detention before …

Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave

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This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.

Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth

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I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.

Globalizing Social Finance: How Social Impact Bonds And Social Impact Performance Guarantees Can Scale Development, Deborah Burand

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While the SIB structure is still in its infancy, there is momentum building to globalize this social finance innovation so that it can help scale development goals around the world. Taking the SIB global is not a simple matter, however. This article explores several of the more challenging issues that are likely to arise in applying a SIB or elements of the SIB structure to social problems and development goals in developing countries. The article begins with a summary review of the goals and structures used in the two earliest SIBs. It then discusses key challenges and opportunities that SIBs …

Assessing Transnational Private Regulation Of The Otc Derivatives Market: Isda, The Bba, And The Future Of Financial Reform, Gabriel V. Rauterberg, Andrew Verstein

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For the last twenty years, the dominant narrative of the over-the-counter derivatives market has been one of absent regulation, deregulation, and regulatory conflict, predictably resulting in disaster. This Article challenges this narrative, arguing that the global derivatives market has been subject to pervasive and harmonized regulation by what should be recognized as transnational private regulators. Recognizing the reality of widespread transnational private regulation of derivatives has significant implications, which this Article explores. Appreciating the actual regulatory status quo is essential if policymakers are to correctly diagnose problems, avoid past regulatory errors, and plan effective remedies. There are also advantages to …

A Presumptively Better Approach To Arbitrability, John A. E. Pottow, Jacob Brege, Tara J. Hawley

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One of the most complex problems in the arbitration field is the question of who decides disputes over the scope of an arbitrator's purported authority. Courts in Canada and the United States have taken different approaches to this fundamental question of "arbitrability" that necessarily arises when one party disputes the contractual validity of the underlying "container" contract carrying the arbitration clause. If arbitration is a creature of contract, and contract is a product of consensual agreement, then any dispute that impugns the underlying consent of the parties to the container contract implicates the arbitration agreement itself (i.e., no contract, no …

Unbundling Constitutionality, Richard A. Primus

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Constitutional theory features a persistent controversy over the source or sources of constitutional status, that is, over the criteria that qualify some rules as constitutional rules. This Article contends that no single criterion characterizes all of the rules that American law treats as constitutional, such that it is a mistake to think of constitutionality as a status with necessary conditions. It is better to think of constitutionality on a bundle-of-sticks model: different attributes associated with constitutionality might or might not be present in any constitutional rule. Analysts should often direct their attention more to the separate substantive properties that are …

Effective Trial Counsel After Martinez V. Ryan: Focusing On The Adequacy Of State Procedures, Eve Brensike Primus

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Everyone knows that excessive caseloads, poor funding, and a lack of training plague indigent defense delivery systems throughout the states, such that the promise of Gideon v. Wainwright is largely unfulfilled. Commentators have disagreed about how best to breathe life into Gideon . Many disclaim any possibility that federal habeas corpus review of state criminal cases could catalyze reform give n the many procedural obstacle s that currently prevent state prisoners from getting into federal court. But the Supreme Court has recently taken a renewed interest in using federal habeas review to address the problem of ineffective attorneys in state …

Bargaining Over Loyalty, Daniel A. Crane

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Contracts between suppliers and customers frequently contain provisions rewarding the customer for exhibiting loyalty to the seller. For example, suppliers may offer customers preferential pricing for buying a specified percentage of their requirements from the supplier or buying minimum numbers of products across multiple product lines. Such loyalty-inducing contracts have come under attack on antitrust grounds because of their potential to foreclose competitors or soften competition by enabling tacit collusion among suppliers. This Article defends loyalty inducement as a commercial practice. Although it can be anticompetitive under some circumstances, rewarding loyal customers is usually procompetitive and price reducing. The two …

Interpersonal Power In The Criminal System, Kimberly A. Thomas

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This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

Modern Multivariate Methods For Accurate Dialect Classification, Ernest Fokoue, Zichen Ma

Articles

We perform discriminant analysis together with principal component analysis on dialect and accent recognition. Since the data matrix exhibits high dimension low sample size feature, we calculate the principal components and the score matrix based on the dual space. Given the transformed score matrix, linear discriminant model does not fit the data well, while quadratic discriminant model, the superior model comparing to LDA, may fail sometimes when large number of principal components are required. Using the Gaussian radial basis function kernel, we calculate the kernel matrix and perform LDA directly on it. Comparing the LDA-PCA method, the in-sample prediction error …

Online Reading Informs Classroom Instruction And Promotes Collaborative Learning, Leslie Kate Wright, Sacha Zyto, David R. Karger, Dina L. Newman

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Web-based collaborative annotation tools can facilitate communication among students and their instructors through online reading and communication. Collaborative reading fosters peer interaction and is an innovative way to facilitate discussion and participation in larger enrollment courses. It can be especially powerful as it creates an environment where all students are able to ask questions and contribute to a discussion about science. An online annotation tool, Nota Bene (NB), was tested in two biology courses: intermediate-level Molecular Biology (89 students) and upper level Cancer Biology (26 students). Student participation in these graded reading assignments ranged from 79% to 93%. A typical …

The Difference A Justice May Make: Remarks At The Symposium For Justice Ruth Bader Ginsburg, Suzanne Baer

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First, I will briefly summarize the state of the art of equality law in Germany today. A distinct dimension of this story from a European Union member state is that we are not just theorizing postnational constitutionalism these days, but that we live it already, since law is not anymore isolated as national but needs to be seen in the context of transnational migration and multinational regimes. Second, I turn to a key feature and key challenge in and to equality law today. It is what I have called the triangle of fundamental rights, referring to the three most prominent …

Constitutional Provisions Making Sharia “A” Or “The” Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi

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The constitutions of many Arab countries provide that Islamic law ("shari'a") is a "source" of national law. Indeed, some make shari'a norms "a chief source," of state law. Other stronger provisions even declare them to be "the chief source" or "the only source" of legislation. There has been surprisingly little historical scholarship about these clauses, either in Arabic or in Western languages. There has also been almost no systematic comparative scholarship looking at the way that these clauses have been interpreted in different countries. In both Western scholarship and in popular Arab discourse one finds considerable confusion about where these …

Governance Of Global Mobile Money Networks: The Role Of Technical Standards In Mobile Money In Developing Countries, Jane K. Winn

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Mobile money has the potential to be an effective policy instrument for financial inclusion in developing countries, but it also has the potential to fuel money laundering and terrorist financing. The 2012 revised Financial Action Task Force standards attempt to strike a workable balance between the goals of financial inclusion and financial integrity in developing countries. Mobile money schemes are mostly based in national markets, however, and are not normally designed to address the need of poor migrants for cheap, effective cross-border remittance services.

Demand for such cross-border remittance services may drive the development of technical standards to build global …

Fixing Copyright In Characters: Literary Perspectives On A Legal Problem, Zahr K. Said

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This Article argues for the benefits of an interdisciplinary approach to the problem of copyright’s internal inconsistencies. Character jurisprudence under copyright law misaligns with cultural and literary conceptions of character. Intellectual property law has taken insufficient account of important discrepancies among legal, cultural, and literary theories of character. Literature helps articulate what is at work in the doctrinal tensions in copyright’s character jurisprudence over which kind of character, if any, to protect independently, and how much of it, if any, to protect separately from the text.

At the heart of the doctrinal confusion over the proper scope of protection for …

The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote

Articles

A sense of momentum accompanied the start of Japan's new legal education system in the spring of 2004. Less than three years had passed since the Justice System Reform Council (the Reform Council) issued its final report in June 2001, proposing a major restructuring of Japan's legal training system centered on a new tier of graduate level law schools. And less than a year and a half had elapsed since the details of the law school system were decided and enabling legislation passed. Despite the tight timetable, sixty-eight law schools were ready to commence operations in 2004, having arranged facilities, …

Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi

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In recent years a growing number of countries have adopted constitutional provisions requiring that state law respect Islamic law (sharia). Muslims today are deeply divided, however, about what types of state action are consistent with sharia. Thus, the impact of a "Sharia Guarantee Clause" depends to a large degree on questions of constitutional design -- on who is given the power to interpret and apply the provision and on what procedures that they follow when making their decisions. This article explores the trends that gave rise to SGCs and provides a history of their incorporation into national constitutions. It then …

Eggshell Economics: A Revolutionary Approach To The Eggshell Plaintiff Rule, Steve Calandrillo, Dustin E. Buehler

Articles

For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante.

This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident …

Proximity Heating Effects In Power Cables, Jonathan Blackledge, Eugene Coyle, Kevin O'Connell

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Researchers at Technological University Dublin (DIT) have developed a new modelling system for evaluating the two and three dimensional heating effects in power cables due to harmonic distortion and proximity field effects.

Standing Outside Of Article Iii, Tara Leigh Grove

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The Supreme Court has repeatedly insisted that standing doctrine is a "bedrock" requirement only of Article III Accordingly both jurists and scholars have assumed that the standing of the executive branch and the legislature like that of other parties depends solely on Article III But I argue that these commentators have overlooked a basic constitutional principle Federal institutions must have affirmative authority for their actions including the power to bring suit or appeal in federal court Article III defines the federal "judicial Power" and does not purport to confer any authority on the executive branch or the legislature Executive and …

Law's Violence: Derrick Bell's Next Article Challenging Authority: A Symposium Honoring Derrick Bell, Richard Delgado

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No abstract provided.

Re-Theorizing The “Structure–Agency” Relationship: Figurational Theory, Organizational Change And The Gaelic Athletic Association, John Connolly, Paddy Dolan

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This article illustrates how the figurational sociology associated with Norbert Elias provides an alternative theoretical framework for explaining the relationship between, ‘individualorganization- society’ and organizational change, and in so doing transverses what is conceived as a false dichotomy between structure and agency. Through an historical case study of the Gaelic Athletic Association in Ireland, the ‘individual-organization-society’ relationship is conceptualized as overlapping figurations and organizational change is explained as figurational dynamics—the shifting social interdependencies between the individuals and groups comprising an organization, between that organization and other organizations, between social groups on a higher level of integration and competition. In tandem …

A Walk Down The Red Carpet: Students As Producers Of Digital Video-Based Knowledge., Barry Ryan

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Disengaged and apathetic students are common in many undergraduate classrooms. Learning to these students is a passive process, typified by a consumer-like attitude. One approach to engage students, and enhance the learning experience, is to integrate active learning into the curriculum. The purpose of the pedagogical evaluative study described here was to investigate if student researched, designed and created digital video could act as a viable reusable peer learning resource. Although the use and integration of technology was central to the scope of this project, other ideas such as threshold concepts, the requirement for both active and authentic social constructivist …

Betwixt And Between: Creative Writing And Scholarly Expectations, Sue Norton

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I teach English in a College of Arts and Tourism in an Institute of Technology in Dublin. The institute is one of the largest providers of higher education in Ireland, and it distinguishes itself with small-class sizes, community outreach and engagement, and excellence in teaching. It is, as its name indicates, an institute of technology, but it has aspirations to become a University.

My institute has, no differently than many other organisations of higher learning, sought to boost its reputation for research. It favours research with a capital R, meaning research that conforms to the usual higher education rhetoric surrounding …

Knowledge Management And Measurement: A Critical Review, Amr Arisha, Mohamed Ragab

Articles

Purpose - Knowledge is the currency of the current economy, a vital organisational asset and a key to creating a sustainable competitive advantage. The consequent interest in Knowledge Management (KM) has spurred an exponential increase in publications covering a broad spectrum of diverse and overlapping research areas. The purpose of this paper is to provide a literature review and categorised analysis of the rapidly growing number of KM publications, and offer a comprehensive reference for new-comers embarking on research in the field with a particular focus on the area of Knowledge Measurement.

Design/methodology/approach - A total of 350 articles published …