Digital Commons Network^™

Constitutionalism In Unexpected Places, Farah Peterson

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No abstract provided.

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 …

The Relationship Between Financial Distress And Well-Being: Exploring The Role Of Self-Employment, Jenny Berrill, Damien Cassells, Martha O’Hagan-Luff, André Van Stel

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No abstract provided.

Willingness To Pay For Improved Vision In Mozambique, Stephen Thompson, Kovin Naidoo, Carmen Gonzalez-Alvarez, Geoff Harris, James Loughman

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The burden of vision impairment due to uncorrected refractive error (needing spectacles) in Mozambique is known to be significant. To improve the planning and provision of eye health services, a better understanding of how vision is valued by patients is needed. The willingness to pay (WTP) for improved vision through correcting refractive error was investigated in Nampula, Mozambique, using stated choice and bidding game methodologies. The mean WTP values were found to be 388.92 Meticals (US$13) for stated choice and 469.89 Meticals (US$16) for the bidding game. The mean WTP values for rural dwellers were found to be lower than …

A Comparison Of High-End Methods For Topographic Modelling Of A Coastal Dune Complex, Chen Suo, Eugene Mcgovern, Alan Gilmer, Conor Cahalane

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In recent years, increasing tourism and development in the coastal dune area of the South East of Ireland have resulted in greater pressure on the environment, resulting in issues including soil erosion, flooding and habitat loss. Topographic mapping across a dune field is important for the development of targeted land management actions that maintain biodiversity and ecological functions. Developments in surveying technology, including LiDAR, terrestrial laser scanners (TLS) and aerial surveying from Remotely Piloted Aircraft Systems (RPAS), have enabled high-resolution and high-accuracy spatial data to be gathered quickly and relatively easily for 3D topographic modelling of a coastal dune complex. …

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 …

“The Very Essence Of French Cinema”(?): Jacques Feyder’S Return To France, 1944–1948, Barry Nevin

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No abstract provided.

Entrepreneurial Process Studies Using Insider Action Research: Opportunities & Challenges For Entrepreneurship Scholarship, Kisito Futonge Nzembayie, Anthony Paul Buckley

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This paper examines the opportunities and challenges of adopting Insider Action Research (IAR) in entrepreneurial process studies. It employs a critical reflexive and narrative approach in examining our own lived experience in a real-time digital entrepreneurial journey spanning three years while triangulating it with experiential knowledge in another role as dissertation supervisors. Our live case illustrates that IAR, when it combines reflective practice, cooperative inquiry and design science, represents a suitable but under-exploited methodology for entrepreneurship scholarship. We build on this knowledge to offer a model for incorporating this methodology in entrepreneurship research and education. Consequently, we contribute towards responding …

What Do Professional Drivers Think About Their Profession? An Examination Of Factors Contributing To The Driver Shortage, Chao Ji Hyland, Declan Allen

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A shortage of qualified and available professional drivers in the Freight, Transport, Distribution and Logistics (FTDL) sector is becoming an area of increasing concern in Ireland, and across the European mainland. This paper applies a two-stage research approach to address the issues causing the driver shortage and to analyse contributing factors. The findings reveal that remuneration and salaries are detrimental to recruitment and retention. While driver wellbeing in terms of physical and mental health is a major issue, little support is provided for training and education. There is a relationship between a driver’s age group and job satisfaction, and between …

The Viability Of Organic Dyes In Luminescent Down-Shifting Layers For The Enhancement Of Si Solar Cell Efficiency, Aaron Glenn, Conor Mcloughlin, Hind Ahmed, Hoda Akbari, Subhash Chandra, Sarah Mccormack

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The main energy losses in solar cells are related to spectral losses where high energy photons are not used efficiently, and energy is lost via thermalization which reduces the solar cell’s overall efficiency. A way to tackle this is to introduce a luminescent down-shifting layer (LDS) to convert these high energy photons into a lower energy bracket helping the solar cell to absorb them and thus generating a greater power output. In this paper, lumogen dye Violet 570 has been used as LDS coated films of 10μm and 60μm placed on top of Si solar cells. The dye was incorporated …

Contamination Of Domestic Groundwater Systems By Verotoxigenic Escherichia Coli (Vtec), 2003–2019: A Global Scoping Review, C. Chique, Paul Hynds, L.P. Burke, D. Morris, M.P. Ryan, J. O'Dwyer

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Verocytotoxin-producing E. coli (VTEC) are important agents of diarrhoeal disease in humans globally. As a noted waterborne disease, emphasis has been given to the study VTEC in surface waters, readily susceptible to microbial contamination. Conversely, the status of VTEC in potable groundwater sources, generally regarded as a “safe” drinking-water supply remains largely understudied. As such, this investigation presents the first scoping review seeking to determine the global prevalence of VTEC in groundwater supply sources intended for human consumption. Twenty-three peer-reviewed studies were identified and included for data extraction. Groundwater sample and supply detection rates (estimated 0.6 and 1.3%, respectively) indicate …

Preserving The Past: Archiving Southern Illinois' Rich Musical Heritage, Matthew J. Gorzalski

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No abstract provided.

Balancing Religious Liberties And Antidiscrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda Bauges

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No abstract provided.

Designing Law To Enable Adaptive Governance Of Modern Wicked Problems, Barbara Cosens

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In the twenty-first century, our planet is facing a period of rapid and fundamental change resulting from human domination so extensive it is expected to be visible in the geologic record. The accelerating rate of change compounds the global social-ecological challenges already deemed "wicked" due to conflicting goals and scientific uncertainty. Understanding how connected natural and human systems respond to change is essential to understanding the governance required to navigate these modern wicked problems. This Article views change through the lens of complexity and resilience theories to inform the challenges of governance in a world dominated by such massive and …

A Tribute To Don Burnett, Maureen Laflin

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No abstract provided.

If You Provide, Will They Ride? Motivators And Deterrents To Shared Micro-Mobility, David Pimentel

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Bike share, e-bike share, and e-scooter systems (shared micro-mobility) are gaining popularity throughout the United States and internationally, but the optimal system design has not been determined. This study investigated motivators and deterrents to the use of such systems in the Pacific Northwest with secondary data, participant observations, depth interviews, and an on-line survey to users and non-users. The survey was administered in all cities in Washington, Oregon, and Idaho that have shared micro-mobility systems. The strongest motivators reported were exercise and enjoyment. The strongest deterrents were weather, danger from automobile traffic, and insufficient bike lanes and paths. The latter …

Beyond Abercrombie And Heffernan: Toward A Uniform Approach To Discrimination And Retaliation Claims Based On Misperception Theory In The Employment Context, John E. Rumel

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No abstract provided.

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

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No abstract provided.

The Commonality Of Causation, Sergio J. Campos

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This essay, a version of which was given as the inaugural Goldman Endowed Lecture at Ohio Northern University School ofLaw, discusses the treatment of causation in class actions, multidistrict litigation, and similar collective litigation. Causation is a ubiquitous element of civil claims, and typically it is treated as an individual element of a claim because it is dependent on the circumstances of each individual claimant. Even if the conduct at issue in litigation is "common, " or the same, for a group of claimants, whether that conduct caused harm to a specific claimant will depend on the unique circumstances of …

The State Qui Tam To Enforce Employment Law, Andrew Elmore

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No abstract provided.

Disabling Fascism: A Struggle For The Last Laugh In Trump’S America, Madeleine M. Plasencia

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Six years before the start of the Second World War and seven months after Hitler’s appointment as Chancellor of Germany, the German government instituted the “Law for the Prevention of Progeny with Hereditary Diseases.” The moral depravity that started as a sterilization program targeting “useless eaters” and lives “unworthy of life” degenerated into a “euthanasia” program that murdered at least 250,000 people with mental and physical dis/abilities as an “open secret” until 1941, when the Bishop of Munster, Clemens August Count von Galen, delivered a sermon protesting the killing of “unproductive people.”2 Although the Trump Administration has not yet driven …

The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks

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No abstract provided.

Incentivizing And Re-Engaging Lapsed Health Club Members, Teresa Hurley, Corinne Faure, Seamus Kelly

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Purpose – This quantitative research paper examined factors influencing re-engagement intentions and re-engagement behavior of lapsed health club members and identified which sales promotion incentives are most effective in re-engaging this lapsed member market. While previous studies examined reengagement intentions and re-engagement behavior in isolation, no research could be located which examined both simultaneously and the impact of promotion incentives in the health and fitness industry.

Design/methodology/approach – Study A (mail survey) examined re-engagement intentions of one hundred lapsed members of a medium size suburban health club. Study B (an experimental field study) measured actual true re-engagement behavior using price …

How Principal Investigators’ Commercial Experience Influences Technology Transfer And Market Impacts, James Cunningham, Brendan Dolan, Matthias Menter, Conor O'Kane, Paul O'Reilly

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Businesses can benefit from university–industry collaborations, yet they rarely take full advantage of them. Scientists who serve as principal investigators (PIs) act as the nucleus of university–industry collaborations and partner with industry to cocreate value. We conducted a case study of PIs at publicly funded research universities, institutes, and organizations in Ireland to explore how having commercial experience influences how PIs approach technology transfer and how they develop new business models, products, and services. We learned that PIs’ prior commercial experience influences how they approach their research, project work, and project selection and affects how they commercialize knowledge and outputs …

Cost-Benefit Analysis Under Trump: A Comment On Dan Farber's Regulatory Review In Anti-Regulatory Times, Jonathan Masur

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No abstract provided.

Why Has Antitrust Law Failed Workers?, Eric Posner, Ioana Marinescu

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No abstract provided.

The Civil Rights Juggernaut David C. Baum Memorial Lecture On Civil Liberties And Civil Rights, Richard Epstein

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No abstract provided.

Constitutional Rights In The Machine Learning State, Aziz Huq

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No abstract provided.

Deference To The Executive In The United States After September 11, Eric Posner

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No abstract provided.