Digital Commons Network^™

Buttering Up The British: Irish Exports And The Tourist Gaze, Mary Ann Bolger

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This paper argues that the advertising of Irish exports in the 1960s provided for their consumers a form of ‘tourism without travel’. (1) This concept is borrowed from Mark McGovern, who uses it to describe the experience of the consumer of the ‘Irish pub experience’ in his article ‘”The cracked pint glass of the servant”: the Irish pub, Irish identity and the tourist eye’ in Michael Cronin and Barbara O’Connor (eds) Irish tourism: image, culture, and identity. Clevedon; Buffalo, N.Y.: Channel View Publications, 2003 In particular, Kerrygold butter acted as an especially authentic souvenir of Ireland because it was, as …

When Was Judicial Self-Restraint?, Aziz Huq

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This Essay responds to Judge Posner's Jorde Symposium Essay The Rise and Fall of Judicial Restraint by analyzing the question of when, if ever, has judicial self-restraint thrived in the federal courts. Its central aim is to shed historicizing light on the trajectory of judicial activism by imaginatively rifling through an array of canonical and somewhat-less-than-canonical empirical identification strategies. Two conclusions follow from the inquiry. First, I find that the available data on the historical trajectory of judicial restraint are surprisingly poor, and it is necessary to offer any judgment about the historical path of judicial activism with great caution. …

Down-Sizing The Little Guy Myth In Legal Definitions, Mirit Eyal-Cohen

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What is a “small business” in the eyes of the law? There is not one standard definition. Current legal definitions of a firm's size are inconsistent and overinclusive. They vary from one area of the law to another and within various sections of the same law. They create a skewed picture and result in data distortion that reinforces favoritism toward small entities, as studies on the contribution of small businesses to the economy are greatly dependent on these studies' delineation of the term “small.” In this time of huge deficits and rise in economic inequality, a lot of money is …

L3cs: An Innovative Choice For Urban Entrepreneurs And Urban Revitalization, Dana Thompson

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Social enterprises offer fresh ways of addressing seemingly intractable social problems, such as high levels of unemployment and poverty in economically distressed urban areas in the United States. Indeed, although social enterprises have deep and longstanding roots, the recent iteration of the social enterprise movement is gaining momentum in the United States and globally. Though there is not a singularly accepted legal definition of social enterprises, they are popularly known as businesses that use forprofit business practices, principles, and discipline to accomplish socially beneficial goals. Social entrepreneurs, those who operate social enterprises, eschew a traditional notion of charity, which primarily …

China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

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China observers in the United States generally share two observations on China today: that China has made impressive progress in economic development in the past three decades, and that China has maintained a poor human rights record since the 1989 Tiananmen Massacre. On the economic front, China overtook Japan and became the second largest economy in 2010. In a joint study with China's Development Research Center of the State Council, the World Bank recently predicted that even if the Chinese economy grows a third as slowly in the future, it will outstrip the United States in terms of overall GDP …

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

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There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

Virtual Question Changes: Reference In Evolving Environments, Julie Arendt, Stephanie J. Graves

Articles

Purpose – As virtual reference and online discovery tools evolve, so do interactions with patrons. This study aims to describe how synchronous virtual reference transactions changed over a six-year period at a university library.

Design/methodology/approach – Transcripts from October and February from October 2004 to February 2010 were coded for question type, interlibrary loan discussions, and referrals. Subcategories for holding types and referrals were also recorded.

Findings – The number and types of questions changed with the virtual reference platform used, both increasing and decreasing. The number of questions more than doubled from the beginning to the end of the …

Payback: The 1920/1921 Agib Sltu Strike In The Dublin Building Industry, John Hogan

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In late 1920 a strike began in the building industry in Dublin that was to last until June of the following year. It effectively shut down building sites all across the city. The primary protagonists involved in the dispute were the Ancient Guild of Incorporated Brick and Stonelayers Trade Union (AGIBSLTU) and the building employers association, the Dublin Building Trades Employers’ Association (DBTEA). Both of these bodies had fought a bitterly contested lockout 15 years before, which had almost destroyed the union. In 1920, by dint of wider economic circumstances, and a belligerent determination, the union was to have the …

Trends In The Mathematical Competency Of University Entrants In Ireland By Leaving Certificate Mathematics Grade, Fiona Faulkner, Ailish Hannigan, Olivia Gill

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This article reports on the mathematical competency of students entering third-level education in the University of Limerick (UL). Data from diagnostic testing, gathered on 5,949 students between the years 1998 and 2008, are used to demonstrate the changes in competency levels of students entering UL. There has been a significant decline in the performance of students in the diagnostic test over time.The performance, on average, of students with the same leaving certificate mathematics grade on entry into university has not changed significantly over time. However, the profile of the entrants has changed considerably and this is contributing to the overall …

The Structural Safeguards Of Federal Jurisdiction, Tara Leigh Grove

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Scholars have long debated Congress's power to curb federal jurisdiction and have consistently assumed that the constitutional limits on Congress's authority if any must be judicially enforceable and found in the text and structure of Article III In this Article I challenge that fundamental assumption I argue that the primary constitutional protection for the federal judiciary lies instead in the bicameralism and presentment requirements of Article I These Article I lawmaking procedures give competing political factions even political minorities considerable power to "veto" legislation Drawing on recent social science and legal scholarship I argue that political factions are particularly likely …

The Invention Of Common Law Play Right, Jessica D. Litman

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This Article explores playwrights' common law "play right." Since this conference celebrates the 300th birthday of the Statute of Anne, I begin in England in the 17th Century. I find no trace of a common law playwright's performance right in either the law or the customary practices surrounding 17th and 18th century English theatre. I argue that the nature and degree of royal supervision of theatre companies and performance during the period presented no occasion (and, indeed, left no opportunity) for such a right to arise. I discuss the impetus for Parliament's enactment of a performance right statute in 1833, …

Figurational Dynamics And Parliamentary Discourses Of Living Standards In Ireland, Paddy Dolan

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While the concept of living standards remains central to political debate, it has become marginal in sociological research compared to the burgeoning attention given to the topic of consumer culture in recent decades. However, they both concern how one does and should consume, and, indeed, behave at particular times. I use the theories of Norbert Elias to explain the unplanned but structured (ordered) changes in expected standards of living over time. This figurational approach is compared to other alternative explanations, particularly those advanced by Bourdieu, Veblen and Baudrillard. Though these offer some parallels with Elias’s theories, I argue that consumption …

Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert

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Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.

Crime, Criminal Justice, And Criminology In The Netherlands, Michael Tonry, Catrien Bijleveld

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No abstract provided.

Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes

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Because we learn from history, we also try to teach from history. Persuasive discourse of all kinds is replete with historical examples – some true and applicable to the issue at hand, some one but not the other, and some neither. Beginning in the 1990s, intellectual property scholars began providing descriptive accounts of a tremendous strengthening of copyright laws, expressing the normative view that this trend needs to be arrested, if not reversed. This thoughtful body of scholarly literature is sometimes bolstered with historical claims – often casual comments about the way things were. The claims about history, legal or …

Our Ignorance About Intelligence, Richard A. Epstein

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No abstract provided.

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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No abstract provided.

All Of A Piece Throughout: The Four Ages Of U.S. International Taxation, Reuven S. Avi-Yonah

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This paper divides up the history of U.S. international taxation into four periods, on the basis of what was the basic theoretical principle underlying the major legislative enactments made in each period. The first period lasted from the adoption of the Foreign Tax Credit in 1918 to the end of the Eisenhower Administration, and was dominated by the concept of the right to tax as flowing from benefits conferred by the taxing state. The second period lasted from 1960 until the end of the Carter Administration, and was dominated by the concept of capital export neutrality and an emphasis on …

Direct Democracy And The Protestant Ethic, Marci A. Hamilton

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No abstract provided.

Does Literature Work As Social Science? The Case Of George Orwell, Richard A. Epstein

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No abstract provided.

Europe In America: Grammatology, Legal Studies, And The Politics Of Transmission, Peter Goodrich

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This Essay begins by analyzing the way American legal theory has failed to adequately address the challenges and insights of grammatology, the philological critique of the language of law initiated with Jacques Derrida's work Of Grammatology. Professor Goodrich traces the form that this failed confrontation took and then outlines how this philological critique ought to inform a study of law. Importantly for Professor Goodrich, the grammatological approach to law provides ways of analyzing not just the written legal text, but also the effects of new media technologies on the law more broadly. The changes in the law brought about by …

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

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No abstract provided.

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

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This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline …

Savigny, Holmes, And The Law And Economics Of Possession, Richard A. Posner

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No abstract provided.

Past-Dependency, Pragmatism, And Critique Of History In Adjudication And Legal Scholarship, Richard A. Posner

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Using Nietzsche's great essay on the uses and disadvantages of history for life as his jumping-off point, Judge Posner examines the utility of the study of history for adjudication and legal scholarship. He argues, following Nietzsche; that the wrong kind of historical study can be very bad for "life " including law, while the right kind-the kind deployed by a pragmatic judge or a policy-oriented legal scholar-may deviate from literal accuracy in the direction of a rhetorical and imaginative narrative of historical events that can be constructively employed in a forward-looking approach to legal problems.

Child Sexual Abuse In Ireland: An Historical And Anthropological Note, Kevin Lalor

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Child sexual abuse in Ireland has entered the public domain only in the last twenty years. This process was accelerated by a number of high profile cases which became public in the mid 1990s. Prior to the recent past, few references to child sexual abuse in Ireland exist. The first written evidence is found in the Penitentials of the early Christian period. Penance is specified for those that “misuse” children. Mention of adult child sexual relations is also found in the Brehon law texts. Historians, sociologists and anthropologists of childhood suggest that patterns of child rearing vary across time and …

Rocking The Tax Code: A Case Study Of Employment-Related Child-Care Expenditures, Mary Louise Fellows

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No abstract provided.

Law And Iconomics, Jeanne L. Schroeder, David G. Carlson

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Peter Goodrich's Oedipus Lex critically examines the English common law tradition through a psychoanalytic lens, revealing a 'legal unconscious' that underscores deep-seated repressions and contradictions. He argues that common law has historically attempted to exclude imagery and the feminine, yet these elements persist, leading to internal conflicts. By analyzing historical legal texts from the Elizabethan and Jacobean periods, Goodrich exposes violent rhetoric against enemies of the common law, such as Catholics and women, highlighting the law's struggle with its own unconscious structures.

Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri

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No abstract provided.

Textualism And The Dead Hand Of The Past, Michael W. Mcconnell

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No abstract provided.