Digital Commons Network^™

A Law At War With Itself: Character Evidence And The Doctrine Of Chances, Len Niehoff, Shannon Hickey

Articles

Certain legal principles have raging within them a kind of civil war. Important but abstract policy concerns pull the doctrine in one direction; common sense and practical experience pull it in another. Casualties ensue.

Perhaps no body of legal doctrine better exemplifies this sort of internal conflict than the general ban on character evidence, as embodied in Federal Rule of Evidence 404(a)(1). That rule states: “Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with that character or trait.” The rule has deep roots in the …

The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch

Articles

You walk into a martial arts training studio (in Japanese styles, a dojo) and you scan the room. Everything going on here looks, well, unpleasant. In one corner, you observe a group of students performing kata, choreographed sequences of kicks, punches, and blocks that simulate the experience of fighting multiple opponents. Sweat pours off them. In another corner, you see two students engaged in sparring exercises, or kumite. The sharp, smacking noise of one student striking the protective pads worn by another carries across the room. In a third corner, you notice students doing push-ups, working their muscles until their …

Building The Gateway: Why The Two Pillars Need Each Other., Reuven S. Avi-Yonah, Ajitesh Kir

Articles

There is a reason the OECD proposed two pillars for its gateway to a better tax future. A gateway requires both pillars, and neither can stand without the other. Pillar 2 is a fait accompli, but it needs countries to implement Pillar 1 as well because in the absence of a clear sourcing rule there is no limit to countries implementing the Qualified Domestic Minimum Top-Up Tax (QDMTT), which would turn off the other parts of Pillar 2 and potentially result in double taxation. Pillar 1 is not going forward in the absence of a Multilateral Tax Convention (MLC), but …

Cognitive Dissonance In The Antebellum South About The Lawfulness Of Slavery, Peter K. Westen

Articles

The institution of slavery, by its nature, was necessarily grounded in law. For whenever a society adjudges one class of persons as free and another as enslaved, law-like norms must exist to identify and distinguish the free from the enslaved. And whenever a society institutionalizes slavery, law-like norms must exist to establish the privileges and disabilities possessed by masters, by the enslaved, and by third persons in relation to masters and slaves. Such master-slave norms may not always be enforced. But, until societies disavow or disremember them, they constitute standards of right and wrong that master-slave societies profess to embrace. …

A Fractured Supreme Court: Select Criminal Law And Procedure Cases From The Supreme Court’S 2023-24 Term, Eve Brensike Primus, Jordan Schuler

Articles

In its 2023-2024 Term, the Supreme Court outlined the contours of when a former President of the United States would be immune from criminal prosecution; issued important decisions interpreting the scope of the Cruel and Unusual Punishments Clause, the Double Jeopardy Clause, the Confrontation Clause, and the Second Amendment right to bear arms; decided a number of important statutory interpretation cases; and continued to avoid Fourth Amendment issues, only addressing them in the context of a malicious prosecution charge. Perhaps more striking than the Court’s decisions in these cases, though, was the Justices’ lack of consensus. Of the 16 criminal …

Exploring The Influence Of Human System Interfaces: Introducing Support Tools And An Experimental Study, Chidera W. Amazu, Joseph Mietkiewicz, Ammar N. Abbas, Houda Briwa, Andres Alonso-Perez, Gabriele Baldissone, Davide Fissore, Micaela Demichela, Maria Chiara Leva

Articles

Situational awareness and decision support tools such as procedures and alarm systems are vital for effective interaction among control room operators, especially in safety-critical situations. In safety-critical environments such as process plants, there remains a gap in evaluating specific tools during actual operations, or ”work-as-done.” Additionally, the underlying factors that might impact operators' cognitive states and performance concerning safety have not been thoroughly explored. The need for such an evaluation is further bolstered by current interaction configurations where operators are more passive than active, thus reducing their cognitive performance. Therefore, this experimental study addresses the highlighted evaluation gap by introducing …

Sins And Omissions: Slavery And The Bill Of Rights, Richard Primus

Articles

According to the conventional story, the Constitutional Convention declined to include a bill of rights in the Constitution because it trusted the enumeration of congressional powers to do the necessary work of limiting the federal government. That conventional story is historically unfounded. It is not supported by contemporary evidence, and it was roundly disbelieved at the time. Although it is not possible to know for certain why (really, for what mix of reasons) the Framers omitted a bill of rights, it seems likely that one major reason was that formulating a bill of rights would have provoked a bitter fight …

Exploring Safety Of Machineries And Training: An Overview Of Current Literature Applied To Manufacturing Environments, Maria Elena Del Giudice, Mahnaz Sharafkhani, Mario Di Nardo, Teresa Murino, Maria Chiara Leva

Articles

A machine is described as an assembly that has a drive system installed or is planned to have a drive system installed and that is constituted of linked elements or components, at least one of which moves, that are connected for a particular application (ISO12100). Different types of risks are present in machines, and exposure to them can cause harm or even death. When risk has been adequately reduced, machinery safety considers a machine's ability to complete its intended duty throughout its life cycle. A literature review was carried out using “safety of machinery” as a keyword, which produced an …

What’S Going On? Diversity, Equity, And Inclusion Dispute Resolution Initiatives In The U.S., Robyn Weinstein

Articles

Over the course of my career, I have worked for and managed community dispute resolution centers, overseen a court-annexed dispute resolution program, and run a law school mediation clinic (my current position). In each post, I have been in a position of power over a different "gateway" or entry point into the field of dispute resolution. In these roles, and especially in my work overseeing a court-annexed ADR program, I became increasingly aware of who applied (and did not apply); who was appointed (and was not appointed); and who was selected (and not selected) for work as a mediator and …

Prevalence Of Food Insecurity Among Caregivers Of Young Children During The Covid-19 Pandemic In Ireland, Elizabeth J. O'Sullivan, Caoimhe Daly, Aileen Kennedy

Articles

Our objectives were to explore the prevalence of food insecurity in primary caregivers of young children in Ireland and to compare two tools for measuring food insecurity during the COVID-19 crisis. A cross-sectional online survey was conducted among caregivers of children aged <2 years in Ireland in May/June 2020. Relevant survey questions were closed-ended using two established tools for measuring food poverty/insecurity; the Irish Food Poverty Indicator and the Food Insecurity Experience Scale, developed by the Food and Agriculture Organization. Descriptive statistics were used to calculate the prevalence of food poverty/insecurity. To explore agreement in the classification of food insecurity by the Food Poverty Indicator and the Food Insecurity Experience Scale, Cohen's κ was used. Analyses are based on 716 participants; most had a 3rd-level education and were married or in a partnership. Per the food poverty index, Ireland's national measure of food poverty, 3.9% (n = 28) of our sample were experiencing food poverty. This rose to 10.5% (n = 75) experiencing food insecurity when using the Food Insecurity Experience Scale, which also measures worry/anxiety around access to food. There was low agreement between the tools, with 11.3% of the sample classified as food secure by one tool and food insecure by the other. Our current measure of food poverty in Ireland may not be sufficient to describe the food-access struggles or worry/anxiety about food access, experienced by the population, particularly during an emergency like COVID-19.

Multicomponent Perinatal Breastfeeding Support In Women With Bmi >25: The Latch On Multi-Centre Randomised Trial, Sharleen L. O'Reilly, Catherine Mcnestry, Denise Mcguinness, Sarah Louise Killeen, John Mehegan, Barbara Coughlan, Eileen C. O'Brien, Denise O'Brien, Marcelina Szafranska, Mary Brosnan, Lucille Sheehy, Rosie Murtagh, Lorraine O'Hagan, Marie Corbett, Michelle Walsh, Regina Keogh, Paula Power, Marie Woodcock, Mary Phelan, Amy Carroll, Stephanie Murray, Charmaine Scallan, Elizabeth Dunn, Fionnuala M. Mcauliffe

Articles

Objective: To investigate the effectiveness of a multicomponent breastfeeding support intervention on breastfeeding prevalence at 3 months among women with a body mass index (BMI) >25 kg/m2. Design: Multicentre multicomponent randomised controlled trial. Setting: Four maternity centres in Ireland. Population: A total of 225 primiparous women and their nominated support partners. Participants were aged 18 years and over, with BMI ≥25 kg/m2, carrying a singleton pregnancy and without contraindication for breastfeeding. Methods: The intervention included an antenatal group breastfeeding education session for participants and their support partners, followed by a planned postnatal breastfeeding assessment and telephone support for up to …

Addressing The Complexity Of Spatial Teaching: A Narrative Review Of Barriers And Enablers, Ergi Bufasi, Ting Jun Lin, Ursa Benedicic, Marten Westerhof, Rohit Mishra, Dace Namsone, Inese Dudareva, Sheryl Sorby, Lena Gumaelius, Remke M. Klapwijk, Jeroen Spandaw, Brian Bowe, Colm O'Kane, Gavin Duffy, Marianna Pagkratidou, Jeffrey Buckley

Articles

Extensive research has established that spatial ability is a crucial factor for achieving success in Science, Technology, Engineering, and Mathematics (STEM). However, challenges that educators encounter while teaching spatial skills remain uncertain. The purpose of this study is to develop a research framework that examines the interrelationships, barriers, and enablers amongst various educational components, including schools, teachers, students, classrooms, and training programs, that are encountered when teaching for spatial ability development. A thorough examination of international research, in combination with a detailed review of the primary Science and Mathematics curricula in Ireland, Latvia, Sweden, and the Netherlands, is undertaken to …

Ireland, Intellectual Property And The Political Economy Of Information Monopolies, Kenneth W. Murphy

Articles

Ireland’s policies towards US-owned global digital intermediaries (Big Tech) have emerged as an international political issue and received global media attention. So far, political and media focus has been on the impact of Ireland’s tax policies on the revenue-raising ability of other European states and perceptions of light touch regulation of those corporations based in the Republic. The current paper will focus on how Ireland’s switch to a focus on capital allowances for the sizeable American tech corporations has enabled the latter to sustain their dominance in the digital transition through incentivizing and subsidizing their switch to assetization as a …

Investigating The Potential For Students To Contribute To Climate Data Rescue: Introducing The Climate Data Rescue Africa Project (Clidar‐Africa), Simon Noone, C. D'Arcy, S. Donegan, W. Durkan, B. Essel, K. Healion, H. Hersbach, S. Madden, Jack Marshall, L. Mcconnell, I. Mensah, N. Scroxton, S. Thiesen, Peter Thorne

Articles

The majority of available climate data in global digital archives consist of data only from the 1940s or 1950s onwards, and many of these series have gaps and/or are available for only a subset of the variables which were actually observed. However, there exist billions of historical weather observations from the 1700s, 1800s, and early 1900s that are still in hard‐copy form and are at risk of being lost forever due to deterioration. An assessment of changes in climate extremes in several IPCC regions was not possible in IPCC AR6 WGI owing, in many cases, to the lack of available …

Covid-19 Vaccine Race–The Shadow Of Political And Multinational Interests, Daniel Rajmil, Lucía Morales, Toni Aira

Articles

The COVID-19 pandemic caused global disruption in 2020, throwing the world into an unprecedented health crisis with unpredicted socio-economic consequences. Strikingly, politicians and supranational organizations failed to collaborate and coordinate a united global response. In light of this, this research study explores how the vaccine race may have been used as a weapon of political communication, constantly influenced by international relations and economic interests. This study analyses the US response to the COVID-19 pandemic and how the vaccine development was used to support Trump's political discourse to gain international political leadership amidst the electoral campaign to become reelected. The core …

A Multi-Life Cycle Assessment Of External Wall Insulation Strategies In An Irish Domestic Retrofit, Sara Carrigan, Patrick Daly, Alberta Congeduti

Articles

European Union (EU) policy and initiatives are driving both building renovation and the uptake of low-embodied carbon and circular design in the construction sector. The European Performance of Buildings Directive (EPBD) recast (2021) introduces global warming potential (GWP) methodology, and the future state will likely be embodied carbon targets for which life cycle assessment (LCA) of buildings will be required. External wall insulation (EWI) will have an important role to play in meeting targets. In this context, this paper compares the carbon emission payoff of three alternative EWI strategies that address conventional, low-carbon and circular solutions to EWI respectively, in …

Data Justice In Education: Toward A Research Agenda, Luci Pangrazio, Glenn Auld, Julianne Lynch, Carly Sawatzki, Gavin Duffy, Shelley Hannigan, Jo O'Mara

Articles

Educational institutions increasingly rely on digital platforms to deliver content and learning, monitor attendance, communicate with stakeholders, and evaluate institutional performance. Despite the efficiency and accessibility gains they offer, digital platforms are powered by personal data which, through a process of datafication, can be used to track, monitor, and profile staff and students. The insights drawn from this data can be used to shape educational and professional futures. This article examines how datafication has become a social justice issue in education, discussing the implications for well-being, decision-making, governance, and power in education. Using Hintz and colleagues framework for data justice, …

Writing With Ai: University Students’ Use Of Chatgpt, Nikola Crcek, Jakob Patekar

Articles

Background: ChatGPT, a chatbot based on a large language model, captured global attention toward the end of 2022. With its potential to generate comprehensive texts of a variety of genres based on a string of straightforward prompts, it was soon perceived as a threat by many in various fields, including – and in particular – education. Schools across the world began banning its use as instructors started to receive suspiciously well-written essays and assignments from their students.

Aim: This study aimed to investigate the prevalence of use of ChatGPT among university students for written assignments, explore the ways students utilize …

Playing To Grow. Roundtable Interview On Games, Education, And Character, Owen Gottlieb, Matthew Farber, Paul Darvasi

Articles

In this roundtable interview moderated by Paul Darvasi, lecturer at the University of Toronto and co-founder of Gold Bug Interactive, Owen Gottlieb and Matthew Farber discuss research and practice at the intersection of religion, character education, and games in schools. Gottlieb is an associate professor at the Rochester Institute of Technology, founder and lead faculty at the Initiative in Religion, Culture, and Policy at the MAGIC center, and founder and director of the Interaction, Media, and Learning Lab at RIT, where he specializes in interactive media, learning, religion, and culture. Farber is an associate professor of educational technology and coordinator …

The Need For Energy Storage On Renewable Energy Generator Outputs To Lessen The Geeth Effect, I.E. Short-Term Variations Mainly Associated With Wind Turbine Active Power Output, Tony Kealy

Articles

Many studies investigating the short-term variations associated with the power output from wind turbine generators utilise simulated or modelled data in the analysis. This current study uses short-term empirical data downloaded directly from operational wind turbines via electrical power quality meters. The empirical data shows that the short-term variations (one-second or sub-one-second timeframe) occur continuously over most of the power output range. A novel name is proposed, the Geeth Effect, for this variability phenomenon. The Geeth Effect is measured using the coefficient of variation mathematical expression and is likely contributing to (i) lower-than-expected financial and environmental benefits associated with …

Vietnam's "Entire People Ownership" Of Land: Theory And Practice, Phan Trung Hien, Hugh D. Spitzer

Articles

The Constitution of Vietnam declares that “[t]he Socialist Republic of Vietnam State is a socialist rule of law State of the People, by the People, and for the People.” It also states that land is “under ownership by the entire people represented and uniformly managed by the State.” This means the entire people of Vietnam are collective landowners and the Vietnam State is their “representative.” Given that, how might the public execute its real ownership—rather than treating “people’s ownership” as just a slogan? This article analyzes the gaps in theory and practice in Vietnam, a country with a robust market …

Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen

Articles

In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …

Typ.Ologies: Reframing Ireland's Vernacular Letterform Through The Lens Of Heritage, Deirdre Maher Ring

Articles

Since the late 1800s, vernacular letterforms have been vital components of the traditional shopfronts of Ireland, enlivening, place-making, and inspiring dialogue with streetscapes. The National Inventory of Architectural Heritage identifies, records, and evaluates Ireland’s post-1700 architectural heritage. While the state initiative appraises architecturally significant shopfronts, it typically overlooks the critical signage element. This research aims to bridge this gap by documenting, mapping, and interpreting the existing vernacular letterforms in Kilkenny as a paradigm. Through the lens of heritage, the study seeks to construct a case for preserving, promoting, and advocating for vernacular letterforms and the traditional craft of signwriting. Signwriting …

When Plasticity Becomes Pathological: Sequential Decreases In Basolateral Amygdala Response To Threat Cues Predict Failure To Recover From Ptsd, Alyssa Roeckner, Esther Lin, Rebecca Hinrichs, Nathaniel G. Harnett, Lauren A M. Lebois, Sanne J H Van Rooij, Timothy D. Ely, Tanja Jovanovic, Vishnu P. Murty, Robert A. Swor

Articles

No abstract provided.

Island Musings: A Selective Bibliography Of Early Key West, Robin Schard

Articles

This bibliography identifes and describes 75 works that focus on Key West during its first 50 years (1821-71) as a U.S. possession. General, legal, and popular culture materials are included.

Baseball, Kenesaw Mountain Landis, And The Judicial Strike Zone - Home Run Or Foul On The Play?, Jan L. Jacobowitz

Articles

Babe Ruth, Lou Gehrig, Micky Mantle, and Shoeless Joe Jackson—There are many well-known baseball legends, but perhaps less well-known is the story of Kenesaw Mountain Landis, a judge turned baseball commissioner who inspired not only baseball fans, but also the American Bar Association’s first Judicial Canon of Ethics. The parallel stories of baseball’s greatest scandal, the judge appointed to be the first baseball commissioner, and the development of the judicial canons, provide context for the current controversial judicial prohibition--the appearance of impropriety.

Public Defenders As Gatekeepers Of Freedom, Alma Magaña

Articles

Nearly half a million people are currently held in pretrial detention across the United States. Legal scholarship has explored many of the actors and factors contributing to the deprivation of freedom of those presumed innocent. And while the scholarship in these areas is rich, it has primarily focused on certain system actors—including judges, prosecutors, and profit-seeking sheriffs—structural concerns, such as the role race plays in who is being held in pretrial detention, or critiques of the failed promise of algorithms to deliver on bias-free bail determinations. But relatively little scholarship exists about the contributions of public defenders to this deprivation. …

Perspectives On Practice: Building A Better Environment For All – An Interview With Jane Daly And Siobhán Bourke, Tanya Dean

Articles

In this Perspectives on Practice interview, Tanya Dean speaks to SiobhánBourke and Jane Daly about their work with Irish Theatre Institute in supporting Irish theatre and fostering positive change in the industry. The discussion explores how the purpose of Irish Theatre Institute has evolved, and how it has adapted to and reflected the changes and challenges facing Irish theatre over the decades

Disentangling Sex Differences In Ptsd Risk Factors: A Systematic Overview And Multiple Mediation Analysis The The Aurora Study, Stephanie Haering, Antonia V. Seligowski, Sarah Linnstaedt, Vasiliki Michopoulos, Stacey L. House, Francesca Beaudoin, Xinming An, Thomas C. Neylan, Gari Clifford, Robert A. Swor

Articles

No abstract provided.

Analysing Child Sexual Abuse Activities In The Dark Web Based On An Efficient Csam Detection Algorithm, Vuong Ngo, Christina Thorpe, Susan Mckeever

Articles

Abstract: Child sexual abuse material (CSAM) activities are prevalent on the Dark Web to evade detection, posing a global challenge for law enforcement. Our objective is to analyze CSAM discussions in this concealed space using a Support Vector Machine model, achieving an accuracy of 87.6%. Across eight forums, approximately 28.4% of posts contained CSAM, with victim ages most commonly reported as 12, 14, 13, and 11 years old for YouTube, Skype, Instagram, and Facebook, respectively. Additionally, in forums discussing boys, the most frequently mentioned nationalities in CSAM posts were English, German, and American, accounting for 12%, 7.8%, and 6% of …