Digital Commons Network^™

Constitutional Futurism As Pedagogy, Jeremiah Chin

Articles

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Constitutional Futurisms, Jeremiah Chin

Articles

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …

Physicists As Environmental Experts, Rachel Rothschild

Articles

The question of which scientists are qualified to provide expert guidance in legal controversies is a perennial debate among scholars, judges, and lawyers. Scientists who participate in legal disputes can achieve enormous power and influence, not only over the case at hand but over long-term developments in legal doctrine. While these issues arise in many areas of the law, environmental litigation has been a particularly active site of contestations over epistemic authority. Courts have frequently relied on scientists to understand whether the government is justified in regulating pollution and who may be liable for environmental and public health harms.

This …

Multi-Generation Queer Families: Foregrounding The Lgbtqia+ Children Of Lgbtqia+ People, Bella Mancini Pori, Edward Stein

Articles

In the last several years, state legislatures have passed a disturbing array of anti-queer laws that target queer (especially trans) children. The basic fear animating these laws is that exposure to LGBTQ people or LGBTQ supportive ideas will somehow turn straight children queer. LGBTQ activists have responded to the concern that exposure to queer people or ideas will make children queer by arguing that sexual orientations are innate or immutable. This immutability argument is problematic, first, because it avoids confronting the normative judgment at the heart of the fear of a queer child by failing to say that there is …

Blurring Boundaries: A Proposed Research Agenda For Ethical, Legal, Social, And Historical Studies At The Intersection Of Infectious And Genetic Disease, Seethal Jose, Juli Bollinger, Gail Geller, Jeremy Greene, Leslie Meltzer Henry, Brian Hutler, Eric Thomas Juengst, Jeffrey Kahn, Anna Mastroianni, Graham Mooney

Articles

Contemporary understanding of the mechanisms of disease increasingly points to examples of “genetic diseases” with an infectious component and of “infectious diseases” with a genetic component. Such blurred boundaries generate ethical, legal, and social issues and highlight historical contexts that must be examined when incorporating host genomic information into the prevention, outbreak control, and treatment of infectious diseases.

The Origins Of The Major Questions Doctrine, Rachel Rothschild

Articles

In a series of recent cases, the Supreme Court has invoked the newly named “major questions doctrine” to strike down agency regulations that protect public health and the environment. Several Justices have argued that while the name “major questions” may be new, these decisions are simply the latest iteration in a longstanding effort of the courts to curtail the explosive growth of the administrative state since 1970. The first paradigmatic example of this line of cases is the 1980 “Benzene” case, in which the Supreme Court set aside the Occupational Safety and Health Administration (OSHA)’s new workplace standards for the …

The General-Law Right To Bear Arms, William Baude, Robert Leider

Articles

No abstract provided.

Residual Pulmonary Vascular Obstruction Following Mechanical Thrombectomy For Submassive Pulmonary Embolism: A Single-Center Analysis, Brian Stegman, Thom G. Dahle, Wade Schmidt, Jacob R. Dutcher, Tanya Glenz

Articles

Background:

Residual pulmonary vascular obstruction (RPVO) following pulmonary embolism (PE) is associated with residual dyspnea, recurrent venous thromboembolism, and chronic thromboembolic pulmonary hypertension. Historically, acute PE treated with anticoagulation alone results in high rates of significant RPVO. Contemporary treatment of submassive PE often involves catheter-based interventions, including mechanical thrombectomy (MT), although their relation to RPVO is not characterized. In this study, we aimed to evaluate the rate of greater than or equal to 10% RPVO in patients treated with MT.

Methods:

Twenty consecutive patients with submassive PE in a single center underwent MT and subsequent planar ventilation/perfusion scintigraphy scan at …

Minerals And Memories: Ireland's Ballrooms Of Romance, Tanya Dean

Articles

No abstract provided.

“Mind The Gap” - An Overview Of The Role Of The Extensions Community Healthcare Outcomes (Echo) Model In Enhancing Value In Health Care Delivery, Christina Kenny, Anushree Priyadarshini

Articles

The ECHO (Extensions Community Healthcare Outcomes) model of healthcare delivery has grown rapidly since its establishment and increased in popularity in recent years. This expansion has developed alongside the growing incidence of chronic diseases and the need to better manage them. The increasing uptake in ECHO has presented a requirement to assess its true value as healthcare costs are increasing globally, resulting in a growing demand by governments and policy makers to ensure chronic disease management strategies provide true value. Therefore, the aim of this review is to examine the impact that ECHO has on clinical practice and how such …

Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore

Articles

In the history of new labor localism, city-level living wage ordinances emerging in the 1990s with Los Angeles leading the way have generally been understood as a second-best, limited antipoverty device designed to raise wage floors, with only indirect effects on organized labor. Drawing upon original archival materials, this Article offers an alternative reading of the history of the living wage in Los Angeles, showing how it was designed and operationalized as a proactive tool to rebuild union density and reshape city politics. Doing so makes four key contributions. First, the Article theorizes and empirically examines the living wage as …

Watchdogs Of The Economy: The Development Of Irish Economics Profession’S Independent Voice, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Histories of the development of professions show a profession’s relationship with the state as key to its authority. Yet professions, to gain technocratic authority, also strive to depoliticise their discourses to gain technocratic authority. This dilemmatic tension is particularly true for the economics profession. The historical development of the Irish economics provides an interesting case, where a complicated relationship with the state ultimately strengthened the profession within a society. An initial formalisation trajectory of Irish economics was thrown off course by the formation of an independent Irish state in the 1920s. This marked a period of isolation for the profession …

The Application Of Antitrust Law To Labor Markets -Then And Now, Richard A. Epstein

Articles

As of late, there has been a concerted push in the Biden administration, backed by prominent academics, to expand the application of antitrust law against major employers who are said to exercise monopsony power that reduces aggregate demand and thus leaves too many workers on the sidelines. The effort takes place chiefly in two major areas: stricter attacks on covenants not-to-compete, and more intense review of mergers under the Clayton Act.

This paper begins with an historical account of the law in both areas, from which it concludes that there is no good reason to alter the status quo ante. …

Investigative Advocacy: The Mechanics Of Muckraking, Patrick Barry

Articles

This essay argues that drafting a complaint is a form of investigative advocacy and that the best of them uphold the tradition of muckraking journalism.

First Long-Time Airborne Fungal Spores Study In Dublin, Ireland (1978–1980), Moisés Martínez-Bracero, Emma Markey, Jerry Hourihane Clancy, John Sodeau, David J. O'Connor

Articles

Ambient fungal spores within the atmosphere can contribute to a range of negative human, animal and plant health conditions and diseases. However, trends in fungal spore seasonality, species prevalence, and geographical origin have been significantly understudied in Ireland. Previously unpublished data from the late 1970s have recently been collected and analysed to establish historical fungal spore trends/characteristics for Dublin. Historical spore concentrations were largely dominated by Alternaria, Ascospores, Basidiospores, Botrytis, Cladosporium, Erysiphe and Rusts. The main fungal spore season for Dublin commenced in April with the fructification of Scopulariopsis and Ganoderma. However, the vast majority of other spore types did …

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.

Ungrading, Supporting Our Students Through A Pedagogy Of Care, Shaun Ferns, Robert Hickey, Helen Williams

Articles

The awarding of grades or marks to student work is traditionally considered a fundamental feature of assessment. Grades became more widely established in the twentieth century becoming ubiquitous across most educational institutions. There is increasing evidence to suggest that grades are not effective tools for promoting or measuring learning. One alternative approach for promoting and measuring learning is "Ungrading," in which no letter grades or marks are given to students. Instead, they are replaced with formative feedback provided through strategies such as individual feedback, peer review and self-assessment. An Ungrading approach promises increased learner motivation, a reduction in stress, and …

Food And The Irish Short Story Imagination, Anke Klitzing

Articles

Short fiction is a format heartily embraced by the Irish literary imagination since the nineteenth century. This paper takes a gastrocritical approach to investigate the role of food in selected stories from the recently published anthology The Art of the Glimpse (2020). It shows that through the years, food and foodways have been valuable tools for Irish writers, providing setting and context, themes and symbols, plot points, conflicts, characterisation, as well as the quintessential epiphanies.

An Investigation Into The Food Related Traditions Associated With The Christmas Period In Rural Ireland, Stephanie Byrne, Kathleen Farrell

Articles

The interdisciplinary nature of food studies lends itself to the study of food through many avenues, most notably in this research, through folklore and the oral history transcripts of the Schools’ Collection made by the Irish Folklore Commission in 1937–1938. Folklore can give us an insight into sometimes overlooked features of society and how people’s lives can be studied and highlighted through their relationship with food. The Christmas period was an extremely important time in Irish tradition, and food was a main aspect of that celebration. This paper, therefore, at first delves into the literature surrounding Christmas, folklore, and food; …

Latin American Film, Mirna Vohnsen

Articles

The scholarship on Latin American film in 2019 speaks of the rich and diverse critical studies that are being conducted in the field. This year the studies encompass a wide range of topics, like the role of Netflix in the production, distribution and consumption of Latin American films; the contention between national cinemas and transnationalism; and the re-examination of films made in the last century. Although publications showcasing the cinemas of Argentina, Mexico and Cuba continue to dominate the field, two special issues have been published shedding light on lesser-studied cinemas, Studies in Spanish and Latin American Cinemas has dedicated …

Representation Of Caṇḍālas In The Jātakas, Chandrabhan P. Yadav

Articles

Excerpt:

"Out of 547 Jātaka stories, eight describe the caṇḍālas.1 Out of these eight stories, half contain passing references about this social class, but at least four are stories where the protagonists themselves are caṇḍālas. In those four stories which are centred around this class, three are comparatively longer stories, including the famous Mātaṅga-Jātaka (No. 497). These are probably the most elaborate descriptions of this social group from the early historic period. Since the Mātaṅga-Jātaka is more elaborate and complex than the other stories and needs to be discussed separately, I will only discuss the rest of the seven stories …

Criminal Justice, Inc., John Rappaport

Articles

No abstract provided.

Regime Change In 1950s Ireland: The New Export-Oriented Foreign Investment Strategy, Frank Barry, Clare O'Mahony

Articles

The new export-oriented foreign direct investment (FDI) regime of the 1950s was an interparty government initiative that facilitated the later Whitaker and Lemass-led dismantling of protectionist trade barriers. The potential opposition of protectionist-era industry to the new regime was defused by confining the new tax relief to profits derived solely from exports, by allocating new industrial grants only to firms that ‘would not compete in the home market with existing firms’, and by retaining the Control of Manufactures Acts of the 1930s that imposed restrictions on foreign ownership. The fact that the US had overtaken the UK as the major …

Regime Change In 1950s Ireland: The New Export-Oriented Foreign Investment Strategy, Frank Barry, Clare O'Mahony

Articles

The new export-oriented foreign direct investment (FDI) regime of the 1950s was an interparty government initiative that facilitated the later Whitaker and Lemass-led dismantling of protectionist trade barriers. The potential opposition of protectionist-era industry to the new regime was defused by confining the new tax relief to profits derived solely from exports, by allocating new industrial grants only to firms that ‘would not compete in the home market with existing firms’, and by retaining the Control of Manufactures Acts of the 1930s that imposed restrictions on foreign ownership. The fact that the US had overtaken the UK as the major …

Social Class Tensions, Habitus And The Advertising Of Guinness, John Connolly, Paddy Dolan

Articles

Drawing from an Eliasian perspective we examine how an ‘advertising subjectivity’ became more firmly embedded within the bourgeois habitus. We explain how and why advertising slowly developed and expanded within a commercial organization despite initial opposition, ambivalence and even hostility from some of its bourgeois senior management towards the practice – the very social class sometimes identified with advertising’s origins and advance. Our empirical case is based on Arthur Guinness & Sons Ltd, the Irish company which came to be renowned for the alcohol beverage which carried its name – Guinness stout. We explain how the development of advertising was …

The Church And Magna Carta, Richard H. Helmholz

Articles

No abstract provided.

Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham

Articles

A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …

Betwixt And Between: Creative Writing And Scholarly Expectations, Sue Norton

Articles

I teach English in a College of Arts and Tourism in an Institute of Technology in Dublin. The institute is one of the largest providers of higher education in Ireland, and it distinguishes itself with small-class sizes, community outreach and engagement, and excellence in teaching. It is, as its name indicates, an institute of technology, but it has aspirations to become a University.

My institute has, no differently than many other organisations of higher learning, sought to boost its reputation for research. It favours research with a capital R, meaning research that conforms to the usual higher education rhetoric surrounding …

An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein

Articles

No abstract provided.

Removal As A Political Question, Aziz Huq

Articles

When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …