Digital Commons Network^™

Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote

Articles

This article addresses two trends in legal education: internationalization and integration of doctrine, skills and legal ethics. In the United States, international and comparative law, skills training, and legal ethics all have deep historical roots in legal education, and the past few decades have seen further major increases in each of those areas. A particularly noteworthy recent development is the rise in efforts to integrate skills training and attention to ethical issues with doctrinal analysis, rather than just teaching each of those elements separately, Notably, Harvard Law School, which continues to influence educational patterns at other law schools within the …

The Asymmetry Of Duty In Criminal Trial Practice, Maureen A. Howard

Articles

Although the American trial system has been likened to an arena in which mental combatants fight “to the death” (the verdict), each warrior similarly skilled and equally committed to vanquishing the other in a forum with formal rules of engagement enforced by a learned and impartial judge, the role of the criminal prosecutor is qualitatively different than that of other advocates. This is because, unlike any other lawyer, a criminal prosecutor has an affirmative duty to the opposing party.

A lawyer who represents an individual client is duty-bound to advance that client’s interests vigorously within the bounds of the law. …

Electronic Chattel Paper: Invitation Accepted, Jane K. Winn

Articles

In 1999, Revised U.C.C. Article 9 governing secured lending was updated to permit the creation of "electronic chattel paper" ("ECP"). Traditional chattel paper is used widely in some sectors of the US economy to finance equipment purchases in part because a chattel paper financers who perfects by taking possession can achieve priority over a pre-existing secured lender who perfected by filing. Revised U.C.C. § 9-105 defined a new form of "control" over ECP that would be treated as equivalent to possession of traditional chattel paper, permitting chattel paper financers to retain their superpriority status with electronic documents.

Because chattel paper …

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa J. Durkee

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A group of detainees remains in the detention facility at the U.S. naval station in Guantánamo Bay, Cuba (“Guantánamo”) almost a decade after the facility began to hold suspected combatants arrested in connection with the U.S. conflict in Afghanistan. As U.S. officials have acknowledged, in many cases these supposed combatants turned out to have no connection to al Qaeda or terrorism. Many were foreigners who had fled home countries to escape persecution and lived as undocumented aliens in Afghanistan or Pakistan. When the United States began its military campaign in Afghanistan and offered bounties for the arrest of terrorists, the …

Risk Management Trends: Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy

Articles

We report on a research and development programme in financial modelling and economic security undertaken in the Information and Communications Security Research Group (ICSRG, 2011) which has led to the launch of a new company - Currency Traders Ireland Limited - funded by Enterprise Ireland. Currency Traders Ireland Limited (CTI, 2011) has a fifty year exclusive license to develop a new set of indicators for analysing currency exchange rates (Forex trading). We consider the background to the approach taken and present examples of the results obtained to date. In this ‘Introduction’, we provide a background to and brief overview of …

An Investigation Of The Subtype Diversity Of Clinical Isolates Of Irish Clostridium Difficile Ribotypes 027 And 078 By Repetitive-Extragenic Palindromic Pcr, Denise Drudy, K. Solomon, S. Murray, L. Scott, S. Mcdermott,, A. Martin, C. O’Donoghue, M. Skally, K. Burns, L. Fenelon, F. Fitzpatrick,, L. Kyne, S. Fanning

Articles

A repetitive-extragenic palindromic PCR (rep-PCR) subtyping method (DiversiLab) in conjunction with ribotyping, toxinotyping and antimicrobial-susceptibility testing was used to detect subtypes within Clostridium difficile ribotypes 027 and 078. Clinical isolates of ribotypes 027 (toxinotype III) (n530) and 078 (toxinotype V) (n523) were provided by health-care facilities across the Republic of Ireland over 2 months in 2006 and 1 month in 2009. Ribotype 027 isolates were significantly more related to each other (9 different subtype profiles) when compared to ribotype 078 isolates (14 different profiles) (P50.001; cut-off .90 % similarity). Almost half of ribotype 078 isolates (45.5 %) showed no relationship …

Psychophysical Impact And Optical And Morphological Characteristics Of Symptomatic Non-Advanced Cataract., S. Charalampidou, J. Nolan, James Loughman, J. Stack, Lorraine Cassidy, S. Beatty

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Purpose To investigate whether
/="/">psychophysical, morphological, and/or optical
/="/">characteristics of symptomatic non-advanced
/="/">cataract are complementary to, or more
/="/">appropriate than, visual acuity (VA) for the
/="/">purposes of recording visual data that reflect
/="/">subjective visual difficulty in patients with
/="/">cataract that exhibit relative sparing of high
/="/">contrast acuity (0.4 logarithm of minimal angle
/="/">of resolution (logMAR) scale or better).

The Meaning Of Mcintyre Our Courts And The World: Transnational Litigation And Civil Procedure: Jurisdiction, Adam N. Steinman

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No abstract provided.

The Inauthentic Claim, Anthony J. Sebok

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This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides something of value to a litigant in order to support or promote the litigation, is prohibited in varying degrees in the United States.

These doctrines might seem quite independent of each other at …

Successful Engineering And Technology Student Mobility: Key Student Perspectives And Quality Determinants Before, During And After Student Exchange Under The Atlantis Programme, Mike Murphy, Donal Mchale, Michael Dyrenfurth, James Barnes

Articles

The EU-US Agreement through the Atlantis Programmes supports consortia of higher education and training institutions working together at undergraduate or graduate level to improve their educational services, to compare and modernise curricula and to develop joint study programmes with full recognition of credits and qualifications. The EU-US Atlantis Programme funds innovative projects across three strands: mobility projects, double or joint “transatlantic degrees” for students in the EU and US and policy-oriented measures. The main focus of activities must be on transatlantic rather than intra-European or intra-American interactions. Funded activities, such as the development of curricula, joint study programmes, exchanges and …

Lead Silicate Glass Microsphere Resonators With Absorption-Limited Q, Pengfei Wang, Genapathy Murugan, Timothy Lee, Xian Feng, Yuliya Semenova, Qiang Wu, Wei Loh, Gilberto Brambilla, James Wilkinson, Gerald Farrell

Articles

We report the fabrication and characterization of a lead-silicate glass microsphere resonator. We show that at the wavelengths near 1555 nm high Q modes can be efficiently excited from a 109 μm diameter lead-silicate glass microsphere via evanescent coupling using a tapered silica fiber with a waist diameter of 2 μm. Resonances with Q-factors as high as 0.9×10⁷ were observed. This is very close to the theoretical material-limited Q-factor and is the highest Q-factor reported so far from a nonlinear glass microsphere.

A Comprehensive Analysis Verified By Experiment Of A Refractometer Based On An Smf28–Small-Core Singlemode Fiber (Scsmf)–Smf28 Fiber Structure, Qiang Wu, Yuliya Semenova, Pengfei Wang, Gerald Farrell

Articles

A comprehensive theoretical model for an SMF28–small-core SMF (SCSMF)–SMF28 structure based refractometer is developed based on the modal propagation analysis (MPA) method. The simulation result shows that the wavelength shift of this refractometer changes exponentially as the surrounding refractive index (SRI) varies. The core diameter of SCSMF does not have a significant influence on the sensitivity of the refractometer but cladding diameter does have. The simulation results are verified experimentally and it is also experimentally demonstrated that there is a maximum sensitivity of 1808 nm/RIU (refractive index unit) for an SRI range from 1.324 to 1.431 and that, as expected, …

Currency Trading Using The Fractal Market Hypothesis, Jonathan Blackledge, Kieran Murphy

Articles

We report on a research and development programme in financial modelling and economic security undertaken in the Information and Communications Security Research Group (ICSRG, 2011) which has led to the launch of a new company - Currency Traders Ireland Limited - funded by Enterprise Ireland. Currency Traders Ireland Limited (CTI, 2011) has a fifty year exclusive license to develop a new set of indicators for analysing currency exchange rates (Forex trading). We consider the background to the approach taken and present examples of the results obtained to date.

Organizational Centralization As Figurational Dynamics: Movements And Counter-Movements In The Gaelic Athletic Association, John Connolly, Paddy Dolan

Articles

In this paper we develop aspects of Elias’s figurational approach within organisational studies by using some of the core theoretical constructs as a model to explain organi­sational change through an empirical investigation of the dynamics of centralisation–decentralisation processes in an Irish sports organisation. Based on historical analysis, the paper documents the expanding interdependencies, figurational dynamics and shifting power balances which led to a gradual, non-linear movement towards greater integration and centralisation within the organisation.

Prognostic Indicators And Outcome Measures For Surgical Removal Of Symptomatic Nonadvanced Cataract, Sofia Charalampidou, James Loughman, John Nolan, Jim Stack, Lorraine Cassidy, Konrad Pesudovs, Stephen Beatty

Articles

Objectives:

To report changes in perceived visual functioning after surgery for symptomatic cataract with pre-operative corrected distance visual acuity [CDVA] of 0.4 logMar or better (Snellen equivalent, 20/50) and to investigate the relationship between any observed changes and preoperative physical characteristics and psycho-physical consquences of the lens opacity and any changes in psychophysical findings after the procedure.

The Innocence Rights Of Sentenced Offenders, Mary Rogan

Articles

Civil orders which take effect after a person has been released from a sentence of imprisonment have become more common features of Irish law. Despite representing a major departure from the principle that when a person has served a sentence the state has no further „call‟ on that person, such orders have received limited attention. This article examines some of these new orders, in particular section 26 and section 26A of the Criminal Justice Act 2007. It argues that these orders should be of concern, suggesting that they are likely to act as barriers to reintegration of ex-prisoners, represent a …

Criminalizing Corporate Killing: The Irish Approach, Bruce Carolan

Articles

The debate on criminal corporate liability in the United States might benefit from a comparative perspective: How have other countries treated the criminal liability of corporate entities? This benefit might be enhanced by focusing on a country with a similar legal heritage to the United States—a country with a common law legal system inherited from the British. And, it would help if that country were concurrently examining the issue of criminal corporate liability. Interesting questions might include: What issues dominate the debate? How are issues of punishment, reparations, and rehabilitation handled? Is a legislative approach contemplated? The purpose of this …

The Costs Of Heightened Pleading, Alexander A. Reinert

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In Conley v. Gibson, 355 U. S. 41 (1957), the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) and Bell Atlantic Corp. v. Twombly, …

The Jury's Second Coming, Jenny E. Carroll

Articles

This article explores the controversial issue of jury nullification by reconceptualizing nullification through the lens of the Supreme Court's recent decisions beginning with Apprendi v New Jersey Apprendi's embrace of the jury's historical powers "” require a rejection of the formalized and static paradigm in favor of a more fluid vision of the law Despite extensive scholarship surrounding Apprendi an innovative though admittedly counterintuitive reading of the case line has been overlooked This reading draws on Apprendi's embrace of a vision of the law constructed and completed through jury interpretation and verdict Interpreted in this way the Apprendi case line …

Congress's Inability To Solve Standing Problems, Heather Elliott

Articles

Some critics of the Supreme Court's restrictive Article III standing doctrine knowing that the Court is unlikely to change course have argued that Congress could take steps to expand standing to sue Yet no scholar has systematically examined Congress's options in conferring standing This Article fills that gap demonstrating that Congress's power is far more limited than has previously been recognizedCongress has three options First Congress may enact statutes that define injuryinfact causation and redress under Article III establishing standing for certain classes of plaintiffs But this approach will fail if the Court finds such statutes unconstitutional and the Court's …

Terrace V. Thompson And The Legacy Of Manifest Destiny Symposium: The Worst Supreme Court Case Ever, Jean Stefancic

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No abstract provided.

Promoting Democracy In Prosecution, Russell M. Gold

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No abstract provided.

Authoritarianism: A Comment, Richard Delgado

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What is behind the current wave of antiimmigrant fervor Racism Nativism National security concerns A recent article by Camilo Ortiz posits that psychological authoritarianism explains the recent outbreak of vigilantism and harsh law better than any of these other motives My essay agrees with Ortiz and shows how understanding antiimmigrant sentiment in these terms advances our understanding of it Once one understands how the syndrome underlies much of the current reaction toward immigrants particularly ones from south of the US border it becomes easier to frame measures to limit some of its excesses I argue that Mr Ortiz's interpretation constitutes …

Introductory Note To The 2010 Strategic Arms Reduction Treaty, Daniel H. Joyner

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No abstract provided.

The Interwoven Fabric Of Anglo-American Law: A Bibliographic View From Alabama, Paul M. Pruitt Jr.

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No abstract provided.

Alabama's Water Crisis Essay: Alabama Legal Issues Series, Heather Elliott

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Alabama faces a major and expanding water crisis. Population growth and economic development are putting more pressure on water resources already strained by recent droughts, and such droughts are likely to become more frequent and more severe in the future. Disputes with neighboring states over shared water resources threaten Alabama's use of interstate waters to meet future needs. And Alabama's current legal regime is wholly inadequate to meet these challenges. The failures of Alabama's state water law could be corrected with one statute. The State Legislature should act swiftly to adopt a comprehensive water management statute based on the Regulated …

Betting On Tort Suits After The Event: From Champerty To Insurance, Anthony J. Sebok

Articles

The article challenges the notion that champerty, a form of third-party litigation funding, is a form of gambling. It argues that champerty serves a functional purpose similar to insurance by transferring risk, thereby providing a legitimate form of "after the event" insurance for plaintiffs. The author, Anthony Sebok, contends that while champerty involves contingent outcomes, it should be recognized for its role in risk management rather than being dismissed as speculative gambling.

Guardianship For Persons With Mental Illness - A Legal And Appropriate Alternative?, Leslie Salzman

Articles

The article critiques the U.S. guardianship system for individuals with psychosocial disabilities, arguing that it often unnecessarily restricts their autonomy by removing their legal right to make decisions. It advocates for supported decision-making models as a less restrictive alternative, aligning with the Americans with Disabilities Act (ADA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the importance of maximizing integration and participation in social, economic, and civic life, while highlighting the need for safeguards to ensure effective support without undue bureaucratic complexity.

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

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The article critiques Professor Sanford Levinson's defense of compromise in constitutionalism, arguing that while compromise is ubiquitous, it is not inherently just or morally sound. The author, Richard Weisberg, contends that Levinson's flexible hermeneutic approach risks degrading textual integrity and ethical standards, particularly when compromise is elevated to a norm. Weisberg advocates for maintaining the integrity of sacred and legal texts, emphasizing the dangers of interpretive flexibility, especially in emergencies, and draws parallels to historical examples like Vichy France's complicity in Nazi policies.

Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich

Articles

The article examines the intersection of law, theology, and visual/performance elements, arguing that legal discourse often overlooks the significance of typography, imagery, and theatricality. It highlights how legal texts use formatting techniques like bold and italics to convey meaning and draws parallels with theological concepts, such as the duality of power and the role of images in governance. The analysis critiques the legal tradition for neglecting these performative aspects and emphasizes the need to recognize law as a theater that denies its own theatricality.