Digital Commons Network^™

Prisoner's Rights And The Separation Of Powers: Comparing Approaches In Ireland, Scotland And England And Wales., Mary Rogan

Articles

The decision of Hogan J in Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 (hereinafter Kinsella) is an important development in the protection of prisoners’ constitutional rights in Ireland. The decision, which found that a prisoner’s right to have his person protected had been breached by his detention in a padded cell with a cardboard box for use as a toilet in conditions amounting to a form of sensory deprivation, may represent a new direction for prison law jurisprudence. The judgment is also of significance for its analysis of the circumstances in which conditions of detention can give rise …

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

Articles

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …

From The Thief In The Night To The Guest Who Stayed Too Long: The Evolution Of Burglary In The Shadow Of The Common Law, Helen A. Anderson

Articles

Burglary began evolving from the common law crime almost as soon as Lord Coke defined it in 1641 as breaking and entering a dwelling of another in the night with the intent to commit a crime therein. But sometime between the Model Penal Code in 1962 and today, burglary lost its core actus reus, “entry.” In the majority of jurisdictions, burglary can now be accomplished by simply remaining in a building or vehicle with the intent to commit a crime. Not only does such an offense cover a wide range of situations, but it allows burglary to be attached to …

Coffee Culture In Dublin: A Brief History, Máirtín Mac Con Iomaire

Articles

This paper discusses the history and development of coffee and coffee houses in Dublin from the 17th century, charting how coffee culture in Dublin appeared, evolved, and stagnated before re-emerging at the beginning of the 21st century, with a remarkable win in the World Barista Championships. The historical links between coffeehouses and media—ranging from print media to electronic and social media—are discussed. In this, the coffee house acts as an informal public gathering space, what urban sociologist Ray Oldenburg calls a “third place,” neither work nor home. These “third places” provide anchors for community life and facilitate and foster broader, …

Forum Choice For Terrorism Suspects, Aziz Huq

Articles

What forum should be used to adjudicate the status of persons suspected of involvement in terrorism? Recent clashes between Congress and the president as to whether the status of terrorism suspects should be determined via Article III courts or military commissions have revived the debate about this venue question. The problem is typically framed as a matter of legal doctrine, with statutory and doctrinal rules invoked as dispositive guides for sorting suspects into either civilian or military venues. This Article takes issue with the utility of that framing of the problem. It argues that the forum question can more profitably …

After Class: Aggregate Litigation In The Wake Of At&T; Mobility V Concepcion, Myriam E. Gilles, Gary Friedman

Articles

Class actions are on the ropes. Courts in recent years have ramped up the standards governing the certification of damages classes and created new standing requirements for consumer class actions. Most recently, in Wal-Mart v Dukes, the Supreme Court articulated a new and highly restrictive interpretation of the commonality requirement of Rule 23(a). But all of this pales in comparison to the Court's April 2011 decision in AT&T Mobility v Concepcion, broadly validating arbitration provisions containing class action waivers. The precise reach of Concepcion warrants close scrutiny. Our analysis suggests that following Concepcion, some plaintiffs will be able to successfully …

The Photographer's Copyright - Photograph As Art, Photograph As Database, Justin Hughes

Articles

No abstract provided.

Piece Dealing With Sorj Chalandon's Award -Winning Novel About The Northern Ireland Conflict : An Irishman's Diary, Eamon Maher

Articles

No abstract provided.

Multiple Solutions Of The Quasi Relativistic Choquard Equation, Michael Melgaard, Frederic D. Y. Zongo

Articles

We prove existence of multiple solutions to the quasi relativistic Choquard equations with a scalar potential.

What Is The Pensee Sauvage And Is It Still Alive In Modern Society?, Mark William Farrell

Articles

The culinary process has changed somewhat down through the ages but not to any great extent. The raw materials are still similar but innovation and creativity has been applied to them to give the finished product varying degrees of taste, texture, sensory and aesthetic pleasure. Fundamentally the tools which we use to interpret or rate our food are the very same apparatus which animals use to define theirs. The anthropology of sensory perception is essentially the same for animals and man in an evolutionary perspective (Pasquet, Simmen & Pagezy, 2000). It reflects the capacity of the animal or primitive human …

The Dynamic Role Of Entrepreneurs In Destination Development, Theresa Ryan, Ziene Mottiar, Bernadette Quinn

Articles

This article explores the significant role that entrepreneurs play in destination development. It contends that while the influence of entrepreneurs is discussed in the literature, scant attention has been paid to the dynamic, catalytic and longstanding nature of this influence. This research shows that entrepreneurial activity is dynamic and creative, and has the ability to influence the creation of a culture for tourism that underpins tourism development over long periods of time. Employing a qualitative case study approach, the research investigates Killarney, Co. Kerry, a developed tourism area in Ireland. It identifies not only the way in which entrepreneurs can …

Buttering Up The British: Irish Exports And The Tourist Gaze, Mary Ann Bolger

Articles

This paper argues that the advertising of Irish exports in the 1960s provided for their consumers a form of ‘tourism without travel’. (1) This concept is borrowed from Mark McGovern, who uses it to describe the experience of the consumer of the ‘Irish pub experience’ in his article ‘”The cracked pint glass of the servant”: the Irish pub, Irish identity and the tourist eye’ in Michael Cronin and Barbara O’Connor (eds) Irish tourism: image, culture, and identity. Clevedon; Buffalo, N.Y.: Channel View Publications, 2003 In particular, Kerrygold butter acted as an especially authentic souvenir of Ireland because it was, as …

Word And Place In Irish Typography, Brian Dixon

Articles

Toponomic typography, or place-name typography, is not, in any sense a formal discipline. It is, however, common for typographers to find themselves setting the names of locations and settlements within a diverse range of projects. Wayfinding solutions, public transport information material and road signage are but some examples of the instances in which the designer is required to represent and visually interpret those words which mean so much to so many.

Motionless Monotony: New Nowheres In Irish Photography, Colin Graham

Articles

‘But my mind was too confused … so with a kind of madness growing upon me, I flung myself into futurity … What strange developments of humanity, what wonderful advances upon our rudimentary civilization, I thought, might not appear when I came to look into the dim elusive world that raced and fluctuated before my eyes. I saw great and splendid architecture rising about me, more massive than any buildings of our own time, and yet, it seemed, built of glimmer and mist … the earth seemed very fair. And so my mind came round to the business of stopping.’ …

Article Dealing With The Second Volume Of Jean-Luc Barré'S Biography Of François Mauriac : An Irishman's Diary, Eamon Maher

Articles

No abstract provided.

Is A Self-Catering Holiday With The Family Really A Holiday For Mothers? Examining The Balance Of Household Responsibilities While On Holiday From A Female Perspective, Ziene Mottiar, Deirdre Quinn

Articles

The commonly cited definition of what constitutes a holiday is that it is a change from the norm, or an escape from everyday life. But is this the case if tourists are going on a self-catering holiday where many of the tasks from everyday life such as cleaning, minding children and cooking must still be undertaken? This research is specifically interested in the role of mothers, from their own perspectives, on such holidays. It explores how household responsibilities are divided between partners when on holiday and questions does this differ from the situation when at home? In so doing this …

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Articles

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …

Frederick Hicks: The Man Behind Men And Books, Stacy Etheredge

Articles

No abstract provided.

Must-Have Books: Critical Reading For Your Classroom Library, Jane Leeth

Articles

Visiting Scholar Katherine Bomer shared more than four dozen books with teachers at our 2012 Winter Workshop, helping us envision Critical Reading and Writing for Social Action units for our own classrooms. If you missed the workshop or didn’t get to see all of Katherine’s 50+ books, IPYW reading workshop coach Jane Leeth can help. Here, Jane presents her “must-have” recommendations from Katherine’s stack—including grade levels and story descriptions.

The Irony Of Hosanna-Tabor Evangelical Lutheran Church And School V Eeoc, Caroline Mala Corbin

Articles

In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a schoolteacher sued her employer for retaliating against her in violation of the American with Disabilities Act (ADA). The success of her ADA claim turned on whether the Supreme Court thought that she was a minister. If she was not a minister, she would have probably won. After all, the school stated in writing that a main reason for her termination was her threatened lawsuit. But because the Supreme Court decided that she was a minister, and that ministers may not sue their religious employers for discrimination under the ministerial …

Reducing Recidivism Through Entrepreneurship Programmes In Prisons, Thomas Cooney

Articles

Prison systems are facing significant challenges from overcrowding and a ‘revolving door’ routine. Reducing recidivism would help alleviate both these problems and would also assist in breaking the cycle of career criminality. However, one of the primary causes of recidivism is a lack of employment opportunities for people who have spent time in prison, thereby causing them to return to crime. Given the dearth of entrepreneurship research on ex-prisoners, this paper examines a ‘Start Your Own Business’ programme delivered inside a prison. Based on interviews with the participants, the author examines whether such programmes offer a realistic opportunity for reducing …

Sport, Media And The Gaelic Athletic Association: The Quest For The “Youth” Of Ireland, John Connolly, Paddy Dolan

Articles

Social developments and related dynamic relationships connected with the sports– media complex is a recurrent focus of sociological investigation. However, in explaining developments in the relationship between sports associations and media organizations the specific structure of power relations between them and other related organizations is often given primacy. We argue that this negates how changes in people’s social habitus – how people think feel and act – are interconnected with and critical to such explanations. Consequently, in this article we apply the theoretical frame of figurational sociology to demonstrate how the gradual development and expansion of specialist communications and media …

Improving Criminal Justice Data And Policy, Mary Rogan

Articles

Criminal justice policy in Ireland is often criticised for lacking a robust evidence base.

Increased knowledge about crime and criminal justice may act to enrich all types of criminological enquiry and policy formation. This paper explores the potential of large population registries, similar to those created in the health sector, to inform criminal justice policymaking. The paper looks at the importance of such data collection for criminal justice research and policy and the potential hurdles to its development.

The Natural Law Bridge Between Private Law And Public International Law, Richard A. Epstein

Articles

One keg similarity between natural law and international law is that they seek to obtain a stable social order without the intervention of any state authority capable of issuing and enforcing its commands to those subject to its rule. Among ordinary individuals in a state of nature that weakness tends to lead to a stripped-down libertarian regime that features simple rules of acquisition, contract, and protection. The system gains its relative stability from the brute fact that between rough equals the part in the defensive posture will win out, so that great disparities in power are needed to disrupt the …

In Praise Of Realism (And Against 'Nonsense' Jurisprudence), Brian Leiter

Articles

Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a "Chicago School of antitheoretical, no-nonsense jurisprudence." Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair then, to describe Dworkin's own theory as an instance of protheoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach to jurisprudential questions, to be sure, as theoretical, in opposition to what he calls the practical orientation of the Chicago School. …

Can Originalism Be Saved?, David A. Strauss

Articles

No abstract provided.

Access And The Public Domain, Randal C. Picker

Articles

No abstract provided.

Delegation In Immigration Law, Eric A. Posner, Adam B. Cox

Articles

Immigration law both screens migrants and regulates the behavior of migrants after they have arrived. Both activities are information intensive because the migrant's "type" and the migrant's post-arrival activity are often forms of private information that are not immediately accessible to government agents. To overcome this information problem, the national government can delegate the screening and regulating functions. American immigration law, for example, delegates extensive authority to both private entities--paradigmatically, employers and families-and to the fifty states. From the government's perspective, delegation carries with it benefits and costs. On the benefit side, agents frequently have easy access to information about …

Constitutionalism: East Asian Antecedents, Tom Ginsburg

Articles

No abstract provided.

Forecasting The Flashpoints, Nicholas Stephanopoulos

Articles

No abstract provided.