Digital Commons Network^™

Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow

Articles

A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …

Introduction, Shari S. Diamond, Richard O. Lempert

Articles

Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …

Antitrust's Unconventional Politics, Daniel A. Crane

Articles

Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …

Considering Parental Hearing Status As A Social Determinant Of Deaf Population Health: Insights From Experiences Of The \"Dinner Table Syndrome\", Wyatte C. Hall, Scott R. Smith, Erika J. Sutter, Lori A. Dewindt, Timothy D.V. Dye

Articles

The influence of early language and communication experiences on lifelong health outcomes is receiving increased public health attention. Most deaf children have non-signing hearing parents, and are at risk for not experiencing fully accessible language environments, a possible factor underlying known deaf population health disparities. Childhood indirect family communication-such as spontaneous conversations and listening in the routine family environment (e.g. family meals, recreation, car rides)-is an important source of health-related contextual learning opportunities. The goal of this study was to assess the influence of parental hearing status on deaf people's recalled access to childhood indirect family communication. We analyzed data …

Beps, Atap, And The New Tax Dialogue: "A Transatlantic Competition?", Reuven Avi-Yonah, Gianluca Mazzoni

Articles

Since its launch in 2013, the US actively participated in all aspects of the BEPS project. However, until recently, the general view was that following the conclusion of the BEPS negotiations and the change of Administration the US is stepping back from the BEPS process. While the EU was charging ahead with implementing BEPS through the Anti-Tax Avoidance Directive (ATAD), the US stated that it was already in compliance with all BEPS minimum standards and therefore other than Country-by-Country Reporting (CbCR) it had no further BEPS obligations. The US decided not to sign the Multilateral Instrument (MLI) to implement BEPS …

The Rule Of Three, Patrick Barry

Articles

Judges use the Rule of Three. Practitioners use the Rule of Three. And so do all manner of legal academics. Yet although many people seem to have an intuitive feel for how useful this rhetorical move is, no extended explanation of its mechanics and variety of forms exists. This essay offers that explanation. It begins with an introduction to the more straightforward form of the rule of three, which simply involves arranging information not in twos or fours or any other set of numbers-but rather in the trusty, melodic structure of threes. It then moves on to a closer look …

Shot Selection, Patrick Barry

Articles

One of the more common pieces of writing advice in our post-Hemingway world is to keep sentences short. Experts on legal writing are particularly fond of this Position — and for good reason. Few judges look at the sentences that appear in briefs, memos, statutes, and contracts and say, "You know what each of those could use? More words." Professor Noah Messing does a particularly good job making the case for short sentences. Brevity, he explains, "reduces the risk that your writing will confuse or irk readers," especially given that "empirical studies show that writing verbosely makes writers sound dumber …

Evaluating The Effectiveness Of A Focused Debate On The Development Of Ethical Reasoning Skills In Pharmacy Technician Students., Seana Hogan, Julie Dunne

Articles

Objective. To evaluate the effectiveness of debating an ethical dilemma on the development of ethical reasoning skills in pharmacy technician students.

Methods. A mixture of qualitative and quantitative methods was used. This included analysis of before and after 5-minute papers, a sentiment survey, thematic analysis of student reflective writing and a qualitative questionnaire by an independent observer.

Results. Twenty-five students participated in the study. The 5-minute papers showed improvement in student learning. In the sentiment survey, 83% of students agreed or strongly agreed that they had a better understanding of ethical dilemmas following the debate. The main theme identified from …

Show And Tell, Patrick Barry

Articles

“Show don’t tell.” Teachers preach these words. Style guides endorse them. And you’d be hard pressed to find any editor or law firm partner who hasn’t offered them as feedback in the last year, month, week, maybe even day. There’s only one problem: “Show don’t tell” is bad advice. Or at least, it is incomplete advice.

An Immodest Proposal For Birth Registration In Donor-Assisted Reproduction, In The Interest Of Science And Human Rights, Elizabeth Samuels

Articles

Increasingly, an individual or a couple raising a newborn child may not be biologically related to the child. The child may be conceived with donated gametes -- a donated egg or sperm or both. A surrogate may gestate the child. The couple may be same-sex. Although we are aware of these developments, we are failing to collect information about them that is vital for medical, public health, and social science research as well as for protecting human rights. Information drawn from birth records is crucial for research, but it is becoming less accurate and less useful as parents who are …

Introduction To Symposium: Conference On The Ethics Of Legal Scholarship, Carissa Byrne Hessick, Paul Horwitz, Chad Oldfather

Articles

No abstract provided.

The Institutions Of Innocence Review: A Comparative Sociological Perspective, Jessica A. Roth

Articles

The last three decades have seen the rise of an international innocence movement that has forced participants in diverse criminal justice systems to confront their systems’ fallibility, previously thought more theoretical than real. The public acknowledgment of that fallibility has led to the creation of new institutional mechanisms to re-examine old convictions. This short essay prepared for a symposium issue of the Rutgers University Law Review on the theory of criminal law reform compares the error correction institutions created in the United Kingdom, Canada, and the United States, three English-speaking countries with common law roots and an adversarial structure, through …

Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow

Articles

It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …

Investigating The Impact Of Internationally Acquired Qualifications On Labour Market Performance: The Case Of Brazil, Charles Alves De Castro

Articles

The aim of this study is to examine the labour market performance of Brazilian students who have acquired international qualifications in the areas of engineering and science. A comprehensive analysis of the literature review demonstrates the importance of international qualifications covering both their benefits and challenges. The gaps found in the literature review are also discussed, as well as the need for a more concrete theoretical framework about the subject. The data used in this research was gathered by semi-structured one-to-one interviews conducted in both person and through telephone. The participants consisted of Brazilian students who have acquired international qualifications …

A New Approach To Executory Contracts, John A.E. Pottow

Articles

This Article will proceed as follows. First, it will offer an abbreviated explanation of the treatment of executory contracts under the Code, chronicling the development of the concept of executoriness and the subsequent challenges of its effects. Second, it will explain a new approach that embraces and makes its peace with executoriness by focusing on the proper treatment of non-executory contracts. Third, it will address some of the anticipated counterarguments to the new approach. Finally, it will offer a quick road test to demonstrate how the new approach would have more easily resolved a major litigated precedent in this field.

Irish Cuisine: Irish Diplomatic Dining, Elaine Mahon

Articles

The study of food and power has primarily focused on absolutist courts with powerful monarchs and a wealthy court life, yet contemporary research into the emergent power structures of the nineteenth and twentieth centuries shows that dining remains an important feature in political and state life. Using new archival material, in particular that of the Irish Department of External Affairs, this paper will examine the emergence of Irish diplomatic dining since the foundation of the Irish Free State and explore how the Irish government established state policy for receiving important visitors. The paper will focus on the principal cultural, political …

Parental Attitudes To Myopia: A Key Agent Of Change For Myopia Control?, Saoirse Mccrann, Daniel Ian Flitcroft, Kevin Lalor, John Butler, Aaron Bush, James Loughman

Articles

Purpose

With the increasing prevalence in myopia there is growing interest in active myopia prevention. This study aims to increase our understanding of parental attitudes to myopia development and control, as a means to inform future health planning and policy. It evaluates, for the first time, the attitude of parents to myopia and its associated risks, as well as assessing the exposure of Irish children to environmental factors that may influence their risk profile for myopia development.

Methods

Parents of 8–13 year old children in eight participating schools completed a questionnaire designed to assess their knowledge of and attitudes towards …

Improving Operator Situation Awareness By Phasor Measurement Unit (Pmu) Data Visualization, Esa M. Rantanen, Ernest Fokoue, Jacob Haut, Chandini Ramesh, Kathleen Gegner, Thomas Overbye, Komal Shetye

Articles

The application of phasor measurement unit (PMU) data in the power industry is currently an area of intense interest. The key driver for PMU technology is to use the precise time sources provided by Global Positioning System (GPS) satellites to accurately measure the relative voltage and current phase angles at buses across an interconnect at a very high sampling rate. Presenting PMU data to power system operators in a format that is truly useful for them and that affords improved situation awareness (SA) and fast and accurate decision making is a particular challenge to display design. This report describes development …

Controlling The Jury-Teaching Function, Richard D. Friedman

Articles

When evidence with a scientific basis is offered, two fundamental questions arise. First, should it be admitted? Second, if so, how should it be assessed? There are numerous participants who might play a role in deciding these questions—the jury (on the second question only), the parties (through counsel), expert witnesses on each side, the trial court, the forces controlling the judicial system (which include, but are not limited to, the appellate courts), and the scientific establishment. In this Article, I will suggest that together, the last two—the forces controlling the judicial system and the scientific establishment—have a large role to …

An Exploratory Study On The Northern Sea Route As An Alternative Shipping Passage, Helene Barenksten Solvang, Stavros Karamperidis, Nikolaos Valantasis Kanellos, Dong Wook Song

Articles

This qualitative inductive research explores the potential benefits for the Scandinavian economy and ports through the implementation of the Northern Sea Route (NSR) as an alternative for container shipping to the established Southern route through the Suez Canal. To extract expert’s opinions and address these objectives, we utilised in-depth face-to-face semi-structured interviews through purposive sampling in a single case study setting.

The analysis of the data demonstrates that the commercialisation of NSR can yield benefits for the Scandinavian economy (e.g. GDP increase, jobs creation) and reveals the benefits of Scandinavian ports (e.g. ECA’s, flexibility, hinterland, etc.) compared to other ports …

The Self And Other: Portraying Israeli And Palestinian Identities On Twitter, Jason Deegan, John Hogan, Sharon Feeney, Brendan Orourke

Articles

The conflict between Israel and Palestine has lasted over half a century, with both sides enduring military and political turmoil. This paper explores how Twitter is being used as a medium to portray identities in the conflict. We examine the tweets contained in the @IDFspokesperson and @ISMPalestine Twitter accounts between late 2015 and early 2016. Using textual analysis, we gain an insight into how these Twitter accounts, defined by the conflict, are used in portraying the self and the other.

Enzymatic Extraction Of Fucoxanthin From Brown Seaweeds, Emer Shannon, Nissreen Abu-Ghannam

Articles

Brown seaweeds contain a number of bioactive compounds. The xanthophyll, fucoxanthin, has in vivo efficacy against disorders such as type 2 diabetes, obesity and cancer. Organic solvents are traditionally employed to extract fucoxanthin, but carry a toxic chemical and environmental burden. The aim of this study was to optimise a fucoxanthin extraction method using enzymes, water, low-temperature dehydration and mechanical blending, to produce yields comparable to those achieved with an organic solvent (acetone). Response surface methodology was applied, using Fucus vesiculosus as a model species. A fucoxanthin yield of 0.657 mg g^-1 (dry mass) was obtained from F. …

Pardoning Immigrants, Peter L. Markowitz, Lindsay Nash

Articles

In the waning days of the Obama Administration, with Trump’s promised immigration crackdown looming, over one hundred advocacy organizations joined forces to urge President Obama to permanently protect hundreds of thousands of immigrants from deportation by pardoning their breaches of civil immigration law. That pardon never materialized and, as expected, the Trump enforcement regime is sowing terror and devastation in immigrant communities nationwide. While it seems unfathomable that the current president would use his pardon power to mitigate even the most extreme applications of our nation’s immigration laws, there is unfortunately no indication that the harshest aspects of the immigration …

Why Wikipedia Often Overlooks Stories Of Women In History, Lara Nicosia, Tamar Carroll

Articles

Wikipedia's reliance on a volunteer editing base has resulted in a gender bias both in the quantity and quality of content around women. With less than 20% of Wikipedia's editors identifying as women, only 30% of biographical entries have been written about women and entries on women tend to be shorter and more focused on relationships and family roles than entries on men. This article explores the causes of Wikipedia's gender bias and offers ways that both individuals and institutions can help improve Wikipedia's content around women.

Dermot Healy's Endless Quest For The Absolute, Eamon Maher

Articles

No abstract provided.

John Mcgahern : Priceless Insights Into His Art, Eamon Maher

Articles

John McGahern has been the subject of a number of monographs in recent years, but this is the first essay collection dedicated to his work since the three volumes of NUI Galway’s The John McGahern Yearbook, edited by John Kenny, and the critical essays assembled by Mullen, Bargroff and Mullen in a Peter Lang publication from 2013.

Is Qualified Immunity Unlawful?, William Baude

Articles

No abstract provided.

Cleaner Fuels For Ships Provide Public Health Benefits With Climate Tradeoffs, Mikhail Sofiev, James J. Winebrake, Lasse Johansson, Edward W. Carr, Marje Prank, Joana Soares, Julius Vira, Jukka-Pekka Jalkanen, James J. Corbett

Articles

We evaluate public health and climate impacts of low-sulphur fuels in global shipping. Using high-resolution emissions inventories, integrated atmospheric models, and health risk functions, we assess ship-related PM 2.5 pollution impacts in 2020 with and without the use of low-sulphur fuels. Cleaner marine fuels will reduce ship-related premature mortality and morbidity by 34 and 54%, respectively, representing a ~ 2.6% global reduction in PM 2.5 cardiovascular and lung cancer deaths and a ~3.6% global reduction in childhood asthma. Despite these reductions, low-sulphur marine fuels will still account for ~250k deaths and ~6.4 M childhood asthma cases annually, and more stringent …

Semi-Confidential Settlements In Civil, Criminal, And Sexual Assault Cases, Saul Levmore, Frank Fagan

Articles

No abstract provided.

Gender Representation In Children’S Books: Case Of An Early Childhood Setting, Katarina Filipovic

Articles

The purpose of this small-scale case study was to identify and analyze key patterns in terms of gender representation in children’s books in one early childhood setting. Furthermore, this case study sought to understand the perspectives of early childhood educators on gender representation in children’s books. The researcher employed multiple methods of data collection, including content analysis of 15 children’s books, as well as reflective journal writing and professional conversation between eight educators from one early childhood center in Dublin, Ireland. Content analysis of children’s books revealed distinct gender patterns that include underrepresentation of female characters and instances of gender …