Digital Commons Network^™

Rodrigo's Footnote: Multi-Group Oppression And A Theory Of Judicial Review, Richard Delgado

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No abstract provided.

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

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No abstract provided.

Stress Hardiness And Lawyers, Pamela Bucy Pierson, Ashley Hamilton, Michael Pepper, Megan Root

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This article empirically analyzes original data to look at stress and stress hardiness in the legal profession A number of studies address stress in the legal profession and its impact on the mental health of lawyers Our study is the first to examine stress hardiness in the legal profession Drawing on quantitative data gathered from 20132016 in surveys of 530 law students and lawyers and qualitative data from 106 indepth interviews with lawyers and building on the work of research psychologists Salvatore Maddi and Suzanne Kobasa we look at whether some lawyers more stress hardy than others and if so …

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

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Although today the very idea of a science of law-the thought that law could be made a science like any other taught and studied at a modern university-has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus Langdell was …

Who Really Said What? Mobile Historical Situated Documentary As Liminal Learning Space, Owen Gottlieb

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This article explores the complexities and affordances of historical representation that arose in the process of designing a mobile augmented reality video game for teaching history. The process suggests opportunities to push the historical documentary form in new ways. Specifically, the article addresses the shifting liminal space between historical fiction narrative, and historical interactive documentary narrative. What happens when primary sources, available for examination are placed inside of a historically inspired narrative, one that hews closely to the events, but creates drama through dialogues between player and historical figure? In this relatively new field of interactive historical situated documentary, how …

Social Facts, Legal Fictions, And The Attribution Of Slave Status: The Puzzle Of Prescription, Rebecca J. Scott

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In case after case, prosecutors, judges and juries therefore still struggle to come up with a definition of slavery, looking for some set of criteria or indicia that will enable them to discern whether the phenomenon they are observing constitutes enslavement. In this definitional effort, contemporary jurists may imagine that in the past, surely the question was simpler: someone either was or was not a slave. However, the existence of a set of laws declaring that persons could be owned as property did not, even in the nineteenth century, answer by itself the question of whether a given person was …

Be An Advocate For Others, Unless You Are A Man: Backlash Against Gender-Atypical Male Job Candidates, Mary Kinahan, Janine Bosak

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Previous research shows that gender vanguards (individuals who demonstrate gender-atypical skills and behavior) suffer backlash in the form of social and economic penalties (Rudman & Phelan, 2008). This study examined backlash against female and male job applicants who were either gender-atypical or typical. Professionals (N = 149) evaluated female or male managerial applicants for internal promotion described in their performance review as showing either self-advocacy or advocacy on behalf of their team. Atypical, other-advocating men were judged to be low on agency and competence and penalized with job dismissal. Serial mediation analysis demonstrated that, compared with other-advocating women, other-advocating …

The Church And Magna Carta, Richard H. Helmholz

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No abstract provided.

The Plain Language Court, David A. Strauss

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No abstract provided.

Knowledge Goods And Nation-States, Daniel Hemel, Lisa Larrimore Ouellette

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No abstract provided.

Bim Innovation Capability Programme: An Irish Bim Study, Barry Mcauley, Alan Hore, Roger West

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In 2011 the Royal Institute of Architects Ireland (RIAI) conducted a survey which found that BIM adoption within Ireland was quite low at 16%. Over the last five years these figures have risen significantly, with the 2016 Irish Digital Transition Survey reporting that 76% of respondents possess confidence in their organisation’s BIM skills and knowledge. This represents a significant shift of BIM adoption in Ireland over the last five years.

The BIM Innovation Capability Programme (BICP) Irish BIM study, builds on the findings from the BICP Global BIM Study by providing an in depth review of BIM in Ireland with …

Magna Carta And The Law Of Nature, Richard H. Helmholz

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No abstract provided.

The Cycles Of Separation-Of-Powers Jurisprudence, Aziz Huq, Jon D. Michaels

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No abstract provided.

Property Rights And Governance Strategies: How Best To Deal With Land, Water, Intellectual Property, And Spectrum, Richard A. Epstein

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No abstract provided.

Setting The Irish State Table, Elaine Mahon

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This year Ireland celebrates the centenary of the Easter rebellion of 1916, the event which is generally regarded as having led to Ireland’s independence six years later. Drawing on Irish government archives, this paper presents the beginnings of Irish state hospitality in the 1920s the emergence of diplomatic dining in the 1930s hosted by the Irish head of state and the first attempts to establish inventories of state owned furniture abroad. The paper then discusses how the Department of External Affairs set out to acquire a dinner service for official entertainment by the Minister of External Affairs as a showcase …

The Myth Of Magna Carta Revisited, Richard H. Helmholz

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No abstract provided.

The Votes Of Other Judges, Eric A. Posner, Adrian Vermeule

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No abstract provided.

Human Development As An Intellectual Property Metric, J. Janewa Osei-Tutu

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No abstract provided.

An Empirical Study Of Implicit Takings., James E. Krier, Stewart E. Sterk

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Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law "on the ground" in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions ovcr the period 1979 through 2012, attempts to fill that void. This study establishes that the Supreme Court's categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action …

An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk

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Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground” – in the state and lower federal courts, who together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2,000 reported decisions over the period 1979 through June 2012, attempts to fill that void.The study establishes that the Supreme Court’s categorical rules govern almost no cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …

An Argument Against Civil Marriage, J. David Bleich

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The article argues against the legal recognition of civil marriage, particularly in the context of same-sex marriage as upheld by the Supreme Court in Obergefell v. Hodges. The author contends that legal recognition of same-sex marriage conflates moral approval with legal neutrality, leading to potential conflicts between individual conscience and state mandates. Drawing on Talmudic principles and historical legal precedents, the article advocates for the abolition of civil marriage and proposes an alternative system of designating "close friends" for legal purposes to avoid such conflicts.

Are Intrusion Detection Studies Evaluated Consistently? A Systematic Literature Review, Nuthan Munaiah, Andrew Meneely, Ryan Wilson, Benjamin Short

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Cyberinfrastructure is increasingly becoming target of a wide spectrum of attacks from Denial of Service to large-scale defacement of the digital presence of an organization. Intrusion Detection System (IDSs) provide administrators a defensive edge over intruders lodging such malicious attacks. However, with the sheer number of different IDSs available, one has to objectively assess the capabilities of different IDSs to select an IDS that meets specific organizational requirements. A prerequisite to enable such an objective assessment is the implicit comparability of IDS literature. In this study, we review IDS literature to understand the implicit comparability of IDS literature from the …

Measurement Of Cortical Thickness Asymmetry In Carotid Occlusive Disease, Iris Asllania, Pamelia Slattery, Alexander Fafard, Marykay Pavol, Ronald M. Lazar, Randolph S. Marshall

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Despite being considered an important anatomical parameter directly related to neuronal density, cortical thickness is not routinely assessed in studies of the human brain in vivo. This paucity has been largely due to the size and convoluted shape of the human cortex, which has made it difficult to develop automated algorithms that can measure cortical thickness efficiently and reliably. Since the development of such an algorithm by Fischl and Dale in 2000, the number of studies investigating the relationship between cortical thickness and other physiological parameters in the brain has been on the rise. There have been no studies however …

Day By Day: Finding The Voices Of Deaf Leadership On Stage, Luane Davis Haggerty

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This is an informal case study of Deaf leadership as it evidences itself in a theatrical production setting. I call this approach to leadership Collective Individualism (2007). There is not a single leader; instead, there is often a group—a collective of sorts. The typical rehearsal structure for a theatrical production is a comfortable setting for this type of leadership to emerge, if the director is willing to be open to allowing it to happen. The 2016 production of Godspell produced at the National Technical Institute of The Deaf in their lab theatre, toured to the local LORT Theater here in …

Lux In Arcana: Decoding The Right To Be Forgotten In Digital Archives, Patricia S. Abril, Eugenio Pizarro Moreno

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On 13 May 2014, the European Court of Justice ruled that search engines such as Google had a duty to respect EU citizens' right to be forgotten. That is, the search engines-deemed "controllers" of information under the Directive-were obligated in some circumstances to remove or de-list links from search results that pertain to information that infringes on an individual's rights under the Directive. In the fall of 2015, the Spanish Supreme Court found itself obligated to determine the application of the digital right to be forgotten in a different context: This time in a digital newspaper archive. However, since …

Quizmastery: Students As Bloggers And Testers In Pursuit Of Grammatical Competence, Sue Norton, Odette Gabaudan

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This article considers the challenges confronted by instructors of composition and writing skills in higher education. Identifying key aspects of grammar, syntax, and punctuation, it argues that a grammatically informed terminology is helpful to learner-writers endeavouring to improve the clarity of their written assignments. To aid assimilation of this terminology, and the concepts it signifies, e-learning tools can be integrated into the curriculum so that students can consolidate knowledge through their own construction of it. As they create blogs and peer to peer quizzes, they become more theoretically and practically informed about the basis of effective writing practices.

Proceedings 26th Polar Libraries Colloquy Mapping Change: Chitduug Gha Nen' Ch'etnetl'edz, Daria O. Carle, Marvin Falk, Bev Ager, Stéfano Biondo, Joë Bouchard, Marcel Brannemann, Sandy Campbell, Andrew Gray, Gloria Hicks, Laura J. Kissel, Ulyana Koratkova, Peter Lund, Shannon C. Vossepoel, Ali Shiri, Dinesh Rathi, Cathy Cockney, Sharon Farnel, Elaine Maloney, Robyn Stobbs, Susanna Parikka, Shelly Sommer, Sharon Tahirkheli, Maribeth S. Murray, Steve Liang, James P. Badger, Bindu Panikkar, Byron Chu, Sandy Campell, Heidi Mccann

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Published July 2023 by the University of Alaska Anchorage, UAA/APU Consortium Library, and edited by Daria O. Carle. Copyright in individual papers is held by the contributors. A digital copy of this publication can be found at https://polarlibraries.org/colloquy-proceedings/ and in ScholarWorks, the University of Alaska’s Institutional Repository, https://scholarworks.alaska.edu/. A copy of the 2016 Colloquy program is also available at https://polarlibraries.org/colloquy-proceedings/. Further information on the Polar Libraries Colloquy, including details of membership and upcoming conferences, is available at https://polarlibraries.org

Struggles With The Fairer Sex : George Moore's Fr. Oliver Gogarty In 'The Lake', Eamon Maher

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No abstract provided.

Linking Social Capital, Cultural Capital And Heterotopia At The Folk Festival, Linda Wilks, Bernadette Quinn

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This paper investigates the role of folk festivals in transforming interconnections between people, space and culture. It interlinks three sets of theoretical ideas: social capital, cultural capital and heterotopia to suggest a new conceptual framework that will help to frame a deeper understanding of the nature of celebration. Qualitative data were collected at two long-established folk festivals, Sidmouth Folk Festival in southern England and the Feakle Traditional Music Festival in western Ireland, in order to investigate these potential links. Although Foucault did not fully develop the concept of heterotopia, his explanation that heterotopias are counter-sites, which, unlike utopias, are located …

Rational Basis Review And Fda Regulation: Why The Two Do Not Mix, Richard A. Epstein

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No abstract provided.