Digital Commons Network^™

Distributed Graduate Seminars: An Interdisciplinary Approach To Studying Land Conservation, Jessica Owley, Adena R. Rissman

Articles

No abstract provided.

Critical Race Materialism: Theorizing Justice In The Wake Of Global Neoliberalism, Sumi Cho, Francisco Valdes

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Critical Race Theory's (CRT's) first two decades produced a rich and diverse literature deconstructing law and society using a racial lens. CRT's emergence and rise occurred at a moment in history where the U.S. was still the uncontested unipolar superpower whose privileged elites enjoyed unprecedented prosperity and status. Despite its dominant standing in the world economy and polity, prevailing "social structures of accumulation" within the United States were already in decline. For CRT's next iteration, we argue that a critical race materialist approach is necessary to interpret the history of how economic and social structures of identity are inextricably linked. …

Reconsidering Racial And Partisan Gerrymandering, Adam B. Cox, Richard T. Holden

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In recent years, scholars have come to a general agreement about the relationship between partisan gerrymandering and racial redistricting. Drawing districts that contain a majority of minority voters, as is often required by the Voting Rights Act, is said to help minority voters in those districts but hurt the Democratic Party more broadly. This Article argues that this familiar claim is based on a mistaken assumption about how redistricters can best manipulate districts for partisan gain -an assumption grounded in the idea that all voters can be thought of as either Democrats or Republicans. Relaxing this assumption, and acknowledging that …

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin

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The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …

The Dodd-Frank Extraterritorial Jurisdiction Provision: Was It Effective, Needed Or Sufficient?, Richard W. Painter

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In Morrison v. National Australia Bank, the U.S. Supreme Court ruled in June 2010 that securities fraud suits could not be brought under Section 10(b) of the Exchange Act against foreign defendants by foreign plaintiffs who bought their securities outside the United States (so called, “f-cubed,” securities litigation). The Court held that Section 10(b) reaches only fraud in connection with the, “purchase or sale of a security listed on an American stock exchange, and the purchase or sale of any other security in the United States.” Congress responded to Morrison with Section 929P of the Dodd-Frank Act, which gives federal …

Constitutional Spaces, Allan Erbsen

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This Article is the first to systematically consider the Constitution’s identification, definition, and integration of the physical spaces in which it applies. Knowing how the Constitution addresses a particular problem often requires knowing where the problem arises. Yet despite the importance and pervasiveness of spatial references in the Constitution, commentators have not analyzed these references collectively. This Article fills that gap in the literature by examining each of the fourteen spaces that the Constitution identifies, as well as several that it overlooks, to reveal patterns in the text’s treatment of space and location. Among the spaces that the Article considers …

Diagonal Federalism And Climate Change: Implications For The Obama Administration, Hari M. Osofsky

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The Obama Administration’s efforts on climate change continue to face daunting challenges domestically and internationally. This Article makes a novel contribution by exploring how the Obama Administration can meet these challenges more effectively though systematically addressing the multiscalar character of climate change in the areas where it has greater regulatory control. Mitigating and adapting to climate change pose complex choices at individual, community, local, state, national, and international levels. The Article argues that these choices lead to many diagonal regulatory interactions: that is, dynamics among a wide range of public and private actors which simultaneously cut across levels of government …

Gideon'S Vuvuzela: Reconciling The Sixth Amendments Promises With The Doctrines Of Forfeiture And Implicit Waiver Of Counsel, Sarah Gerwig-Moore

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Dating back to the early decades of the twentieth century, the United States Supreme Court has articulated clear, venerable standards for the waiver of constitutional rights--and in particular the right to counsel. This is a rich area for both litigation and teaching, if only to be able to repeat phrases such as "courts indulge every reasonable presumption against waiver" and "we do not presume acquiescence in the loss of fundamental rights." A defendant must proceed with "eyes open," and a waiver will not be presumed from a "silent record." Consistently affirmed and reaffirmed by the United States Supreme Court and …

Using An Adaptive Scenarios Approach To Establish Strategies For Tomorrow’S Workplace, Ruth Saurin, John Radcliffe

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This paper aims to demonstrate that it is important to have a methodological process that is reflexive and flexible to achieve fluid interactions that add rigour and energy to the overall process of a built environment project. Therefore, it outlines three phases of the Prospective Through Scenarios futures process used in a study called the “Workplace of the Future”. It also discusses how and why the methodology evolved during the course of the project with participant feedback as the main source of information for the analysis. Furthermore, novel qualitative futures techniques have been applied to a discipline that is usually …

Now For The Science Bit: Implementing Community-Based Learning In Chemistry, Claire M. Mcdonnell, Patricia Ennis, Leslie Shoemaker

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Purpose – The purpose of this paper is to contribute to the understanding of student learning from community engagement by critically assessing the implementation of this pedagogical approach in the context of teaching and learning chemistry and also evaluating the role of personal development in student-community engagement.

Design/methodology/approach – A case study on the implementation since 2007 of community-based learning (also called service-learning) projects in an academic department in Ireland is presented. Analysis of assessment grades, student reflective accounts and evaluation questionnaires informs this work as does a recently completed self-assessment of our activities using Shumer’s Self-Assessment for Service Learning. …

Leisure Space Reflecting Changing City Demography: Tracking The Phase Of An International Quarter Development In Parnell Street East, Dublin, Ziene Mottiar, Lucia Walsh

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Ireland has undergone significant economic and social change and with highlevels of immigration there are now more than 100 different nationalities livingin Dublin city. The broad question is has the leisure space in the city adapted toreflect the increasingly multicultural Dublin population? The particular topic ofconcern in this research note is to track the development of Parnell Street Eastarea from its emergence as an Asian enclave, to efforts by immigrant entrepreneursto create a Chinatown, to the more recent Dublin County Council policyof developing it as an international quarter. This is the first part of the largerongoing study and this paper …

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property (IP) sits at the center of the global economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who have expertise in intellectual property law. These lawyers are the new leaders in intellectual property law.

The global demand for intellectual property law-trained lawyers triggered a "big bang" in the creation of advanced intellectual property law programs (IP Programs) at American law schools. The new leaders in …

Naim V. Naim Symposium: The Worst Supreme Court Case Ever, Richard Delgado

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No abstract provided.

Climate Change And The Puget Sound: Building The Legal Framework For Adaptation, Yee Huang, Robert L. Glicksman, Catherine O'Neill, William L. Andreen

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The scope of climate change impacts is expected to be extraordinary touching every ecosystem on the planet and affecting human interactions with the natural and built environment From increased surface and water temperatures to sea level rise and more frequent extreme weather events climate change promises vast and profound alterations to our world Indeed scientists predict continued climate change impacts regardless of any present or future mitigation efforts due to the longlived nature of greenhouse gases emitted over the last century The need to adapt to this new future is crucial Adaptation may take a variety of forms from implementing …

Foreword: Rulemaking, Democracy, And Torrents Of E-Mail, Nina A. Mendelson

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This Foreword is meant as an initial foray into the question of what agencies should do with mass public comments, particularly on broad questions of policy. Part I discusses the extent to which congressional control, presidential control, and agency procedures themselves can ensure that agency decisions are democratically responsive. In view of shortcomings in both congressional and presidential control, I underscore the need to focus closely on rulemaking procedures as a source of democratic responsiveness. The possibility that agencies may be systematically discounting certain public submissions raises difficulties, and I present some examples. Part II makes a preliminary case that …

The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky

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This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating constitutional discrimination claims. With regard to the meaning of equality, we assert that if the text of the Reconstruction Amendments and the stated goals of Reconstruction are used to inform constitutional analysis, then equality should be understood as a substantive rather than formalist concept. Reconstruction, however, was …

Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld

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The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …

Intellectual Property, Innovation, And The Future: Toward A Better Model For Educating Leaders In Intellectual Property Law, Robert W. Gomulkiewicz

Articles

Intellectual property sits at the center of today’s global information economy. Today, producers and users of intellectual property come from both developed and developing nations. Intellectual property matters as much to China and India as it does to Germany and the United States. This reality has driven a monumental demand for lawyers who can make and implement intellectual property law - that is to say, the new leaders in intellectual property law. Indeed, the demand for intellectual property law-trained lawyers triggered a “big bang” in the creation of advanced intellectual property law programs at American law schools. The new leaders …

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 …

Emerging Threats For Mnc Subsidiaries And The Cycle Of Decline, Pamela Sharkey Scott, P. T. Gibbons Prof

Articles

Purpose – Subsidiary units have traditionally feared relocation of their activities to lower-cost locations. The authors identify other emerging threats which are changing how multinational corporations (MNCs) manage their subsidiary units, and develop a cycle of subsidiary decline demonstrating how these threats can undermine a subsidiary's position within the MNC.

Design/methodology/approach – The paper presents the results of a survey targeted at over 1,100 subsidiary CEOs of MNCs located in Ireland, a program of in-depth interviews of 24 subsidiary CEOs/directors, and a review of the literature relating to MNC and subsidiary management, are combined to identify emerging threats to subsidiary …

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 …

Restauration Und Ambivalenz: Maskulinitaet Im Deutschsprachigen Film Nach 1990 Im Lichte Des Neuen Deutschen Films, Sascha Harris

Articles

Restoration and Ambiguity: The Male in Post-Wall German Film

As the programmatic, if diverse tenets of the Neuer Deutscher Film began to lose their hold on German film-making in the eighties, filmic narratives and cinematography emerged which on the one hand draw on this tradition, especially in seemingly postmodern narratives of subversion, minority and subjectivity, but on the other combine these with conventional, even restorative film language and narrative construction. Reunification has set a development in motion which to a remarkable extent echoes the cultural metanarrative of the post-war period. The role and representation of male characters in a significant …

When Is An Alternative Forum Available - Rethinking The Forum Non Conveniens Analysis, Joel H. Samuels

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No abstract provided.

Including The Customer In Efficiency Analysis:Evidence Of A Hybrid Relational-Transactional Approach, Joseph Coughlan, Estelle Shale, Robert Dyson

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Purpose This paper illustrates the effect of including the customer as a resource in efficiency measurement. Variations in counting the customer illustrate the different impacts on efficiency between a transactional and a relational approach to bank branch marketing. Design/methodology/approach The paper uses Data Envelopment Analysis (DEA) to analyse the efficiency of the branch network under consideration. This technique, while well established in the bank branch efficiency literature, is used here to gain insight into how relationship and transactional paradigms are affecting performance. Findings Although the average profile of the efficiency scores was similar, the scores of the individual branches differed …

Contribution Of Tertiary Education To Human Capital Development, Labour Market And Skills In The State Of Victoria, Australia, Ellen Hazelkorn

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This chapter examines how effectively TAFE Institutes and universities in the State of Victoria contribute to meeting the social and economic needs of the population in terms of opportunities to study and relevance of the qualifications offered. It identifies some key achievements and areas for improvement. The chapter closes with a series of recommendations that include the need for a greater system approach to tertiary education in order to support sustainable regional development and the role that the State of Victoria can play in this strategy.

Care-Givers, Leisure And The Meaning Of Home: A Case Study Of Low Income Women In Dublin, Bernadette Quinn

Articles

This article seeks to contribute to the literature on the meanings of domestic spaces by furthering understandings of the sorts of roles that space plays in shaping women’s leisure experiences. The study researched a group of 15 women who live in disadvantaged areas of Dublin city and care for dependent children. Focus groups and structured conversations revealed the poverty of the spatial capital available to these women, depicting local environments as difficult and stressful, and to be endured rather than enjoyed. They further revealed the extent to which the women’s lives were shaped by their obligations as care-givers. Within the …

Realizing The Abstraction: Using Today's Law To Reach Tomorrow's Sustainability, Jerrold A. Long

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No abstract provided.

Controlling Residential Stakes, Lee Anne Fennell, Julie Roin

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Local communities often suffer when residents have too small a stake in their homes-a point underscored by recent rashes of foreclosures and abandonments, and implicated by longstanding questions about the effects on communities of renters and owner-occupants, respectively. However, homeowners with too great a financial stake in their homes can also cause difficulties for local governance by acting as risk-averse NIMBYs. Local governments should have a strong interest in helping members of their communities move away from problematic forms of stakeholding and toward more desirable intermediate positions. This Article examines how and why governmental entities at the state and local …

New Developments For Conjunctive Management In Idaho: Why Our Expanding Understanding Of Science Should Expand How We Address The Doctrine Against Waste In Idaho Water Right Transfers, Dylan R. Hedden-Nicely

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No abstract provided.

Sustainability Starts Locally: Untying The Hand Of Local Governments To Create Sustainable Economies, Jerrold A. Long

Articles

No abstract provided.