Digital Commons Network^™

Information Production And Rent-Seeking In Law School Administration: Rules And Discretion, Stewart E. Sterk

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No abstract provided.

The Internet And The Persistence Of Law, Justin Hughes

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Since legal commentators first confronted cyberspace, three broad stories have emerged to describe the interrelation of law and the Internet: the "no-law Internet," the "Internet as a separate jurisdiction," and Internet law as "translation" of familiar legal concepts. This Article reviews these stories, focusing on how ongoing "translation" is giving way to a growing convergence in Internet law. The Article makes the case for convergence among legal responses to cyberspace and proposes a basic taxonomy for different models of convergence. With this taxonomy, the Article examines the ways in which convergence is occurring, as well as its effects on both …

Shaping Leisure/Tourism Places:The Role Of Holiday Home Owners: A Case Study Of Courtown, Co. Wexford, Ireland, Ziene Mottiar, Bernadette Quinn

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This article investigates the role played by holiday home owners in shaping leisure / tourism places. Having reviewed recent trends in the holiday home literature, the paper argues the literature has failed to adequately consider how this group of actors can play a role in developing leisure / tourism places. The research is case study based and reports the findings of a study undertaken in Courtown, a small seaside resort in the Republic of Ireland. Specifically, it investigates the role that holiday home owners played in a controversy that arose with respect to developing tourism accommodation in an area of …

Symbols, Practices And Myth-Making: Cultural Perspectives On The Wexford Festival Opera, Bernadette Quinn

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In recent decades geographers have paid increasing attention to festivals. They have construed festivals as important practices through which people connect with their place and as authored landscapes designed to promote particular sets of values and attach specific meanings to place. Tourism influences the processes and dynamics ongoing in festival settings and this paper seeks to unravel some of the complex ways in which it influences the reproduction of cultural meanings there. It draws on research conducted on the Wexford Festival Opera in the Republic of Ireland and analyses the symbolism, practices and meanings found to be associated with the …

The Provenance Of The Federal Courts Improvement Act Of 1982, Richard Henry Seamon

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No abstract provided.

Futures Thinking For The Built And Human Environment: The Prospective Process Through Scenario Thinking For The Built And Human Environment: A Tool For Exploring Human Futures, John Ratcliffe, Lorcan Sirr

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We are currently living through an era where we can, and need to, create exciting new possibilities in the way we think about, plan, design and build new places and spaces for working and living. At the same time, two irresistible forces – change and complexity – face decision-makers charged with framing and executing future policy and practice for the built and human environment. This paper generally argues the case for employing a ‘prospective’ process through scenario thinking for strategic planning and management in the urban arena. It does not attempt to identify or explore the advances made in planning …

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

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The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

Federalism And The Public Good: The True Story Behind The Religious Land Use And Institutionalized Persons Act, Marci A. Hamilton

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No abstract provided.

Short-Term Effects Of Ambient Particles On Mortality In The Elderly: Results From 28 Cities In The Aphea2 Project, E. Aga, E. Samoli, G. Touloumi, K. Katsouyanni, H.R. Anderson, E. Cadum, B. Forsberg, Patrick J. Goodman, A. Goren, F. Kotesovec, B. Kriz, M. Macarol-Hiti, S. Medina, A. Paldy, C. Schindler, J. Sunyer, P. Tittanen, B. Wojtyniak, D. Zmirou, J. Schwartz

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ABSTRACT: Within the framework of the APHEA2 (Air Pollution on Health: a European Approach) project, the effects of ambient particles on mortality among persons o65 yrs were investigated. Daily measurements for particles with a 50% cut-off aerodynamic diameter of 10 mm (PM10) and black smoke (BS), as well as the daily number of deaths among persons o65 yrs of age, from 29 European cities, have been collected. Data on other pollutants and meteorological variables, to adjust for confounding effects and data on city characteristics, to investigate potential effect modification, were also recorded. For individual city analysis, generalised additive models extending …

John Mcgahern : Writer, Stylist, Seeker Of A Lost World, Eamon Maher, Declan Kiberd

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Material reproduced by kind permission of Doctrine and Life.

Recent Trends In Global And Irish Tourism, Kevin Griffin

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2001 will long be remembered as one of the most difficult years for tourism in Ireland. The outbreak of Food and Mouth disease in the first half of the year was seen as a major blow to the industry, with many businesses suffering from the resultant restrictions on travel. These problems were further increased by the global effects of the economic slow-down in the USA. As the sector began to recover and was shaping up for a healthy Autumn, the terrorist attacks of September 11 devastated the industry globally, with knock–on effects which are only now beginning to be assessed. …

The Measure Of Indian Water Rights: The Arizona Homeland Standard, Gila River Adjudication, Barbara Cosens

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On November 26, 2001, the Arizona Supreme Court concluded that Indian reservations were established as homelands. By articulating a homeland standard for the measure of reserved water rights based on tribal economic development plans, cultural needs, and historic water uses, the Arizona Supreme Court has eliminated many of the blatant inequities plaguing the current approach to Indian water rights quantification. Nevertheless, there are concerns with wholesale adoption of the Arizona standard, including the effect on those who have devoted resources in reliance on the previous standard, the introduction of uncertainty in the method of quantification, and the impact on federal …

Homes Rule (Reviewing William A. Fischel, The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, And Land-Use Policies (2001)), Lee Anne Fennell

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No abstract provided.

The Sustainability Of Sustainable Consumption, Paddy Dolan

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This article examines the limitations of the concept of sustainable consumption in terms of the inadequate attention given to the social, cultural and historical contextualization of consumption. I argue that Macromarketing should adopt modes of inquiry that more fully engage with this contextualization. The implicit assumptions of ‘sustainable consumption’ center on the rational individual and his or her needs and wants, and neglect the significance of consumption practices as embodying the relations between individuals. Acts of consumption are not in opposition to, and prior to, macro structures and processes, they are macro processes at work. Consumer practices are cultural and …

Probability Neglect: Emotions, Worst Cases, And Law, Cass R. Sunstein

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No abstract provided.

Scale And Orientation-Invariant Scene Similarity Metrics For Image Queries, James Carswell

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In this paper we extend our previous work on shape-based queries to support queries on configurations of image objects. Here we consider spatial reasoning, especially directional and metric object relationships. Existing models for spatial reasoning tend to rely on pre-identified cardinal directions and minimal scale variations, assumption that cannot be considered as given in our image applications, where orientations and scale may vary substantially, and are often unknown. Accordingly, we have developed the method of varying baselines to identify similarities in direction and distance relations. Our method allows us to evaluate directional similarities without a priori knowledge of cardinal directions, …

Childproofing The Internet First Amendment Discussion Forum, Ronald J. Krotoszynski Jr.

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No abstract provided.

Property In Writing, Property On The Ground: Pigs, Horses, Land, And Citizenship In The Aftermath Of Slavery, Cuba, 1880-1909, Rebecca J. Scott, Michael Zeuske

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In the most literal sense, the abolition of slavery marks the moment when one human being cannot be held as property by another human being, for it ends the juridical conceit of a "person with a price." At the same time, the aftermath of emancipation forcibly reminds us that property as a concept rests on relations among human beings, not just between people and things. The end of slavery finds former masters losing possession of persons, and former slaves acquiring it. But it also finds other resources being claimed and contested, including land, tools, and animals-resources that have shaped former …

Growth And Form: Indian Tribes, Terrorism, And The Durability Of Environmental Law, William H. Rodgers, Jr.

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My target audience is the body of extraordinary law students here at the Vermont Law School who will define the shape and direction of tomorrow's environmental law. My plan is to derive five virtues of significant achievement—genius, high-leveraging, symbolism, optimism, and courage—and to convince you that the Indian tribes of the United States are fortuitously blessed with these capacities for positive change.

I am obliged to defend my five virtues against the charge that they are "gray" virtues, mere tactics of opportunity open to use by the forces of hatred and destruction as freely as those of nurturing and protection. …

Beyond Exit And Voice: User Participation In The Production Of Local Public Goods, Lee Anne Fennell

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No abstract provided.

Economics V. Equity Ii: The European Experience, Stephen M. Johnson

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Lawmakers in the European Union and its member states, like their counterparts in the United States, increasingly are using economic tools to protect the environment while reducing their focus on command and control regulation. The reliance on economic approaches to environmental protection may disproportionately impact low income and minority communities. Although evidence of environmental injustice in Europe is not as strong as in the United States, several recent studies demonstrate that traditional environmental protection measures in Europe have disproportionately funneled pollution to low income communities. Economic-based environmental measures can only exacerbate that trend.

Teaching The Law Of Race (Book Review), Anthony V. Alfieri

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No abstract provided.

The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld

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The Minnesota innovation, "Extended Jurisdiction Juvenile Prosecution (EJJ)," allowed judges simultaneously to impose a delinquency disposition and an adult criminal sentence, the execution of which the judge stayed pending successful completion of the delinquency sentence. Podkapacz and Feld analyze the implementation of Minnesota's new EJJ blended sentencing law in Hennepin County, the largest metropolitan county in the state.

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

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No abstract provided.

Afterword To Latcrit V Symposium Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

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No abstract provided.

Rhetoric And Somatics: Training The Body To Do The Work Of Law, Peter Goodrich

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The article explores the intersection of law, rhetoric, and corporeality, arguing that law is deeply embedded in the human body and its emotional and sensory experiences. It posits that legal dogmatics, while often seen as abstract, is shaped by the body's characteristics and movements, which serve as a substrate for legal logic. The analysis centers on Abraham Fraunce and his contemporaries, who critique the strict legality by emphasizing rhetoric, decorum, and the form of life that rhetoric implies. This critique challenges the notion of law as a detached, abstract system by highlighting its corporeal and emotional dimensions.

Protecting The Oceanic Gardens Of Eden: International Law Issues In Deep-Sea Vent Resource Conservation And Management, Craig Allen

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This article seeks to stimulate the nascent discussion on legal questions presented by access to, and use of, deep-sea hydrothermal vent sites and resources and to help guide ocean policy analysts in their efforts to formulate and implement appropriate conservation and management measures adapted to the unique multiple-use conflicts posed by the vent phenomena. The inquiry is timely and important for the vent communities, some of which are already showing signs of the human footprint—a footprint that may in the not too distant future include the tracks of submarine bulldozers as they set about the job of seabed mining.

The …

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Paul M. George, Penny A. Hazelton

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Experienced law librarians explain how at midcareer they continue to find challenges in their jobs and enthusiasm for their work. Although each offers a personal take, common themes emerge around involvement in profession and community, lifelong learning, and balance of work and private lives.

Penny Hazelton's contribution, I Am Not Bored—And Here's Why, begins at page 565.

The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.

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Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.

Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a confederacy …

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

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For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …