Digital Commons Network^™

A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland

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Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …

Constitutionalism In Unexpected Places, Farah Peterson

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No abstract provided.

Common Law Judging In An Age Of Statutes, Douglas Baird

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Judge Wood Meets International Tax, Julie Roin

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Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel

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The U.S. Constitution is old, relatively brief, and very difficult to amend.In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations.The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance.Courts, the political branches, and academic commentators commonly give weight to such post-Founding governmental practice …

No Longer A ‘Collateral Consequence’: Imprisonment And The Reframing Of Citizenship, Cormac Behan

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This article examines the impact of imprisonment on citizenship. It identifies how civil, political and social rights are circumscribed with a sentence of imprisonment, and scrutinizes to what extent citizenship is limited for prisoners. Drawing on recent developments in England and Wales, it contends that citizenship has been eroded, not as a ‘collateral consequence’ of imprisonment, but rather as a determined penal policy. The boundaries of punishment have become blurred, moving from criminal justice institutions, and extending towards what is termed civil and political penality. Finally, it argues that, because citizenship in prison is inevitably framed around the differences between …

Childminders’ Close Relationship Model Of Praxis: An Ecocultural Study In Ireland, Miriam O'Regan, Ann Marie Halpenny, Nóirín Hayes

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The present study seeks to address the dearth of research focussed on childminding (family day care or family childcare) in Ireland, despite its significant role in national childcare provision. One overarching aim was to explore childminders’ cultural models of praxis and pedagogy in the Irish context. The research was conducted within the theoretical framework of Ecocultural Theory (ECT) (Weisner, 2002. “Ecocultural Understanding of Children’s Developmental Pathways.” Human Development 1759: 275–281), referencing concepts in Attachment Theory, in the context of historical and current policy in Ireland, Europe and the US over the last 30 years. A mixed method approach was adopted …

Cultural Linguistics And Treaty Language: A Modernized Approach To Interpreting Treaty Language To Capture The Tribe's Understanding, Dylan R. Hedden-Nicely

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Language is a reflection of a thought world. A worldview that has been shaped by place to describe one's identity in space and time does not equate to species relatedness as a default to know one another. In the legal system of the United States, there is acknowledgement of treaties in colonized lands that there are rights granted from the tribes and not to them, and those rights are land based. Yet, the Indigenous voice is dead before arrival, before it enters the room of science, justice, academe, or otherwise. The exclusion of Indigenous peoples at the table of knowledge …

The Blues And The Rule Of Law: Musical Expressions Of The Failure Of Justice, David Pimentel

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No abstract provided.

Two Roads Diverged: Iaas @ 50, Sue Norton

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This article joins others in The Irish Journal of American Studies reflecting back on the history of the Irish Association of American Studies and the teaching of American literature and American Studies in Ireland.

The State Qui Tam To Enforce Employment Law, Andrew Elmore

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No abstract provided.

The Icc And Beyond: Re-Evaluating The Promise Of International Criminal Justice: Remarks, Charles C. Jalloh

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The Enduring Challenges For Habeas Corpus, Diane Wood

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Joint Employment: The Unintended And Unpredictable "Employment" Relationship, Richard Epstein, Timothy Tymkovich, Phillip Miscimarra, Richard Griffin, Pepper Crutcher

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No abstract provided.

The Double Movement Of National Origin Discrimination, Aziz Huq

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Asylum Under Attack: Is It Time For A Constitutional Right?, Steve Meili

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Race, Rights And The Representation Of Children, Barry Feld

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Separate Judicial Speech, Neha Jain

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The Problem With Predators, June Carbone

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The Bright Triad And Five Propositions: Toward A Vygotskian Framework For Deaf Pedagogy And Research, Michael E. Skyer

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L.S. Vygotsky’s contributions to social research shifted paradigms by constructing now-foundational theories of teaching, learning, language, and their interactions in education. This manuscript contextualizes and elucidates a nearly-forgotten, century-old component of Vygotskian deaf education research. The Fundamentals of Defectology compiles decades of Vygotsky’s experimental, methodological, and theoretical research about deafness, the psychology of disability, and special methods of pedagogy. Drawing on Defectology, two arguments are developed using the method of dialectics; they first synthesize Vygotsky’s deaf research corpus, then juxtapose it against contemporary theories and evidence. The first argument describes three principles that exemplify Vygotsky’s optimistic framework for deaf pedagogy: …

Teaching With Feminist Judgments: A Global Conversation, Pamela A. Wilkins

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The very idea of re-imagining and rewriting judicial opinions from a feminist perspective arises from the sense that the original judicial opinions did not "do justice" in either process or outcome. Nearly a dozen feminist judgments projects around the world have addressed this sense of injustice by demonstrating how a judgment's reasoning or result (or both) would have been different if the decision makers had applied feminist perspectives, theories,and methods. Using the resulting re-imagined feminist judgments in the classroom can help students in a myriad of ways, but especially in developing their own roles in addressing what they perceive to …

Saperi: Approaching Gender Gap Using Spatial Ability Training Week In High-School Context, Maria Giulia Ballatore, Gavin Duffy, Sheryl Sorby, Anita Tabacco

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Maria Giulia Ballatore, Gavin Duffy, Sheryl Sorby, and Anita Tabacco. 2020. SAperI: approaching gender gap using Spatial Ability training week in high-school context. In Eighth International Conference on Technological Ecosystems for Enhancing Multiculturality (TEEM’20), October 21–23, 2020, Salamanca, Spain. ACM, New York, NY, USA, 7 pages. https://doi.org/10.1145/3434780.3436577

Swirling Fluid Flow In Flexible, Expandable Elastic Tubes: Variational Approach, Reductions And Integrability, Rossen Ivanov, Vakhtang Putkaradze

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Many engineering and physiological applications deal with situations when a fluid is moving in flexible tubes with elastic walls. In real-life applications like blood flow, a swirl in the fluid often plays an important role, presenting an additional complexity not described by previous theoretical models. We present a theory for the dynamics of the interaction between elastic tubes and swirling fluid flow. The equations are derived using a variational principle, with the incompressibility constraint of the fluid giving rise to a pressure-like term. In order to connect this work with the previous literature, we consider the case of inextensible and …

An Argument Against Sex Segregation In Post-Primary Schools: Examining Wellbeing Perspectives, David Byrne, Aiden Carthy

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There currently exists a substantial body of research regarding the influ-ence that the educational environment can bear upon the social and emotional wellbeing of male and female students. It has been highlighted that young female students tend to present with lower levels of wellbeing than do male students, and that the behaviour of male students may be implicit in this discrepancy. Some scholars have proposed sex segregation to be an appropriate palliative measure in addressing the lower measures of wellbeing observed among female students. This paper will present a counter-argument to this proposal based on two principal arguments. First, that …

Selling Out, Andrew B. Dawson

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When bankruptcy policy competes with other federal and state regulatory policies, which should take priority? Bankruptcy law, provided it is used to save a struggling business from having to close its doors. Bankruptcy's supremacy, then, can preserve the debtor's going concern value, save jobs, and limit the collateral damage from a business failure. But should this bankruptcy supremacy apply only when the debtor is pursuing a traditional reorganization under chapter 11, or should it also apply when bankruptcy is used to bring about a quick sale of substantially all of the debtor's assets?

This Article addresses this question in the …

The Court And The Suspect: Human Frailty, The Calculating Criminal, And The Penitent In The Interrogation Room, Scott E. Sundby

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No abstract provided.

The Flipped Classroom In Esl Teacher Education: An Example From Call, Yuyen Lee, Katherine I. Martin

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The flipped classroom is one of many technology-enhanced teaching strategies. In this approach, students are responsible for initial learning at home (often via instructional videos) and class time is used for problem-solving and activities to deepen understanding. Although research on and use of the flipped classroom in language education is growing, little work has examined its use in teacher education, particularly for language teachers. To address this gap, this study examined the flipped classroom through the eyes of pre-service language teachers to reveal what hinders them from or encourages them to adopt this approach. Data were collected from students in …

In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey Baker, Christine Cerniglia, Davida Finger, Luz Herrera, Jonel Newman

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No abstract provided.

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

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Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …

The Habit Of A Judge: A History Of Court Dress In England & Wales, And Australia Book Reviews, Paul M. Pruitt Jr.

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No abstract provided.