Digital Commons Network^™

The Majestic And The Mundane: The Two Creation Stories Of The Exclusionary Rule, Scott E. Sundby, Lucy B. Ricca

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No abstract provided.

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

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No abstract provided.

Response: The Continuing Relevance Of The Establishment Clause: A Reply To Professor Richard C. Schragger, Caroline Mala Corbin

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No abstract provided.

Ceremonial Deism And The Reasonable Religious Outsider, Caroline Mala Corbin

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State invocations of God are common in the United States; indeed, the national motto is "In God We Trust." Yet the Establishment Clause forbids the state from favoring some religions over others. Nonetheless, courts have found the national motto and other examples of what is termed ceremonial deism constitutional on the ground that the practices are longstanding, have de minimis and nonsectarian religious content, and achieve a secular goal. Therefore, they conclude, a reasonable person would not think that the state was endorsing religion.

But would all reasonable people reach this conclusion? This Article examines the "reasonable person" at the …

No Witch Is A Bad Witch: A Commentary On The Erasure Of Matilda Joslyn Gage, Zanita E. Fenton

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No abstract provided.

Between Rocks And Hard Places: Unprovenanced Antiquities And The National Stolen Property Act, Stephen K. Urice

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No abstract provided.

Family Values In The Jewish Tradition, J. David Bleich

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In Family Values in the Jewish Tradition, Professor J. David Bleich presents Judaism as a religion of law. He describes the family unit, "both as a social unit and as a legal institution," and how it helps to provide comfort, companionship, and stability. He discusses the role of reproduction within the family unit, artificial insemination, and the homosexual act (not the homosexual as a person). Professor Bleich concludes with a discussion of the phrase, "be fruitful and multiply." He notes that this phrase is understood as both a commandment and a blessing.

Disciplines And Jurisdictions: An Historical Note, Peter Goodrich

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No abstract provided.

The Role Of Teachers In The Academic English Literacy Acquisition Experiences Of Deaf College Students, Kathryn L. Schmitz

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The purpose of this phenomenological study was to describe deaf college students’ perceptions of their experiences learning academic English literacy vis à vis their teachers. The study examined the narrated academic English literacy acquisition experiences and practices of 11 deaf and hard-of-hearing students at a hearing university with a large deaf student population. Through paradigmatic analysis of narrative data, the study located common themes, which revealed students’ perceptions of academic English literacy acquisition, particularly with regard to their teachers. Methods employed in the study were phenomenological interviewing and recursive analysis. The primary data sources were participant interviews and a focus …

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

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While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

“We Are Going To Rape You And Taste Tutsi Women”: Rape During The 1994 Rwandan Genocide, Christopher W. Mullins

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Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual …

Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz

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There is an evolving crisis in the immigration courts and federal courts of appeals caused by the lack of quality representation for immigrants facing deportation. The problem is particularly acute for immigrants who are detained during their removal proceedings. As part of the Study Group on Immigrant Representation (Katzmann study group), the Subcommittee on Enhancing Mechanisms for Service Delivery undertook a case study of the institutional and legal barriers to quality legal representation for immigrants held at the Varick Street Detention Facility in New York City. Through this lens we hope to offer some useful insights into the core factors …

The Language Of Food: A Review Of The 2009 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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This article reviews the 2009 Oxford Symposium on Food and Cookery, which was held in St. Catherine's College, Oxford. This year's theme was Food and Language and over forty papers were delivered to and audience of over two hundred leading food writers, historians, scientists, anthropologists, linguists, culinary students, and general food enthusiasts.

The Potato In Irish Cuisine And Culture, Máirtín Mac Con Iomaire, Pádraic Óg Gallagher

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This article will discuss the introduction of the potato from its South American origin into Irish cuisine and culture. The authors will outline the stages of devopment from introduction to acceptance as a winter vegetable, to widespread acceptance, moving on to overdependence and leading to subsequent famine. The article will discuss the varieties of potatoes used, the methods of production at different levels of society, and a number of quintessentially Irish potato dishes including boxty, champ, and colcannon, which will be compared with similar potato dishes in other cultures.

A Critical Introduction To The Symposium, Kyron J. Huigens

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No abstract provided.

Dit’S Dynamic Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Charles Pritchard, Bunny Richardson, Yi Wang

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The Technological University Dublin’s FLUENT Dynamic Speech Corpus is aimed at learners, teachers, authors and researchers. When the prototype is complete (target: July 2009) it will afford access to a unique audio resource based on dialogues. Users will be able to find samples of native-to-native speech on a chosen topic, listen to phonetically interesting sections and explore the dynamic environment which gave rise to the spoken features studied. At all stages the user will be able to slow down sequences for heightened intelligibility.

Guarantees For The Success Frequency Of An Algorithm For Finding Dodgson-Election Winners, Christopher Homan, Lane A. Hemaspaandra

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In the year 1876 the mathematician Charles Dodgson, who wrote fiction under the now more famous name of Lewis Carroll, devised a beautiful voting system that has long fascinated political scientists. However, determining the winner of a Dodgson election is known to be complete for the p 2 level of the polynomial hierarchy. This implies that unless P = NP no polynomial-time solution to this problem exists, and unless the polynomial hierarchy collapses to NP the problem is not even in NP. Nonetheless, we prove that when the number of voters is much greater than the number of candidates— although …

The Role Of One Religiously Affiliated Law School, Michael Herz

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No abstract provided.

Commfish: All About Alaska's Commercial Fisheries Collections, Daria O. Carle, Edward Kazzimir, Celia M. Rozen

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One of the more unique holdings in the Alaska Resources Library and Information Services (ARLIS) stands out due to its extensive size and breadth—the CommFish collection. The entire management history related to Alaska's commercial fisheries is documented here, including controversies over fishing rights, subsistence, and much more. These reports, including primary source data reported nowhere else, precede statehood and capture in great detail the extent, scope, successes, failures, policy decisions, and inventories of Alaska's fisheries statewide. When statehood was realized in 1959, the agency responsible for managing commercial fisheries was also established: the Alaska Department of Fish and Game (ADF&G). …

Two Notions Of Privacy Online, Avner Levin, Patricia S. Abril

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Users of social networking websites tend to disclose much personal information online yet seem to retain some form of an expectation of privacy. Is this expectation of privacy always unreasonable? How do users of online social networks define their expectations of privacy online?

These questions were the impetus behind an empirical study, the findings of which are presented in this Article. The project, simultaneously conducted in Canada, at Ryerson University, and in the United States, at the University of Miami, consisted of a survey regarding personal information protection and expectations of privacy on online social networks (OSNs). Approximately 2,500 young …

Fault In American Contract Law, Omri Ben-Shahar, Ariel Porat

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No abstract provided.

Applying Computational Models Of Spatial Prepositions To Visually Situated Dialog, John D. Kelleher, Fintan Costello

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This article describes the application of computational models of spatial prepositions to visually situated dialog systems. In these dialogs, spatial prepositions are important because people often use them to refer to entities in the visual context of a dialog. We first describe a generic architecture for a visually situated dialog system and highlight the interactions between the spatial cognition module, which provides the interface to the models of prepositional semantics, and the other components in the architecture. Following this, we present two new computational models of topological and projective spatial prepositions. The main novelty within these models is the fact …

What Should Southern Baptists Do With Calvinists?, Elmer L. Towns

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No abstract provided.

Jurisdictions And Causes Of Action In Bullying, Stress And Harassment Cases Part 1, Niall Neligan

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This is the first of a two part article in which the author will critically evaluate the different causes of action and myriad of jurisdictions for bringing a claim in the inter-related fields of bullying, stress and harassment in the workplace from a commercial law perspective. The author will define and trace the separate headings under which the law governing bullying, stress and harassment has evolved. In the second part of the article (which will
appear in the next edition of the journal), the author will examine recent developments in tortious claims for psychiatric injuries arising from bullying, stress and …

Daniel Arises: Notes (Such As 30 And 31) From The Schlagaground*, Richard H. Weisberg

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The article critiques the state of legal academia, arguing that it has become mired in mediocrity and disconnected from the pursuit of justice and creative thinking. It contends that legal education and scholarly discourse have been stifled by a focus on narrow, unimaginative logic, leading to a decline in intellectual rigor and a failure to inspire meaningful change.

Study On Online Hotel Reservation Systems, Frank Alleweldt, Klaus Tonner, Marc Mcdonald

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This study, conducted by Civic Consulting, looks at both pre-contractual and contractual matters concerning online hotel reservation systems, examines relevant Community rules, identifies gaps and, where needed, discusses possible policy options. Key conclusions The study shows that the impact of Community law on online hotel

The Irish Punditocracy As Contrarian Voice: Opinion Coverage Of The Workplace Smoking Ban, Declan Fahy

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THE JOURNALISM OF COMMENTATORS and columnists has remained a lacuna in media studies. Their work has received so little sustained critical attention that it has become something of a ‘black box’, even as as the space devoted to opinion coverage in newspapers has expanded significantly over the past three decades. The section of the newspaper devoted to opinion journalism has traditionally been the op-ed page, so-called because of its usual placement opposite the section containing editorials. Viewed as a forum for the articulation of diverse viewpoints about current social issues, the page aims to provide a space in the ‘marketplace …

Suing The Pope And Scandalising The People: Irish Attitudes To Sexual Abuse By Clergy Pre- And Post-Screening Of A Critical Documentary, Michael J. Breen, Hannah Mcgee, Ciaran O’Boyle, Helen Goode, Eoin Devereux

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THE SEXUAL ABUSE OF children became a significant public issue in Ireland in the 1990s, with frequent media reports about the issue. In the main these focused on the issue of abuse of children by members of the clergy and religious orders. Headline cases included the abuse perpetrated by Fr Brendan Smyth, a priest of a religious order who was convicted of multiple counts of sexual abuse of children and subsequently died in prison, and Fr Seán Fortune, a diocesan priest, who committed suicide before his court trial for abuse. While child sexual abuse by clergy was widely exposed in …

Impact Of Global Rankings On Higher Education Research And The Production Of Knowledge, Ellen Hazelkorn

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No abstract provided.

Attitudes To Rankings: Comparing German, Australian And Japanese Experiences, Ellen Hazelkorn

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Drawing on an international survey of HE leaders during 2006, and interviews with HE leaders and stakeholders in Germany, Australia and Japan during 2008, it describes and compares the reaction and response to rankings by HEIs in Germany, Australia and Japan, with particular attention to institutional strategy and planning, benchmarking and quality assurance, student admissions and faculty recruitment and morale. The chapter argues cross-national comparisons/global rankings are an inevitable feature of globalisation, the international battle for talent, and strategies for national competitiveness.