Digital Commons Network^™

Some Pp Modifiers Of Np Block Relative Readings In Superlatives, Heidi Harley, Jeffrey Punske

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No abstract provided.

The Invention Of Low-Value Speech, Genevieve Lakier

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No abstract provided.

Marx, Law, Ideology, Legal Positivism, Brian Leiter

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No abstract provided.

An Unapologetic Defense Of The Classical Liberal Constitution, Richard A. Epstein

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No abstract provided.

Experiences Of Computer Science Curriculum Design: A Phenomenological Study, Art Sloan, Brian Bowe

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This paper presents a qualitative study of twelve computer science lecturers’ experiences of curriculum design of several degree programmes during a time of transition from year-long to semesterised courses, due to institutional policy change. The background to the study is outlined, as are the reasons for choosing the research methodology. The main findings are presented and the implications of the study described. The methodology chosen was hermeneutic phenomenology. The data were the texts of interview transcripts of the twelve participant lecturers. The experiences that emerged from analysis of the data grouped naturally in identifiable and presentable themes and these themes …

Criticality In Graphic Design, Clare Bell

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No abstract provided.

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

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“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

Mind Mapping: Overcoming Problems Of Writer Identity And Convention For Academic Writing By Student Collaboration, Carmel O'Reilly

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This article will consider Mind Mapping as an eLearning tool for the enhancement of learning and assessment within the discipline of academic writing. Building on research which relates to the use of Mind Mapping by students of English as a foreign language (EFL), this article will reflect specifically on students taking a module in Applied Writing on a Mature Access Foundation Programme (MAFP), at Institution X. It goes on to explore existing research in order to highlight two key problems student writers have in common: firstly, writer identity and the affective domain of writing and second, the conventions of academic …

Best Practices For Conducting Evaluations Of Sign Language Animation, Matt Huenerfauth, Hernisa Kacorri

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Automatic synthesis of linguistically accurate and natural-looking American Sign Language (ASL) animations would make it easier to add ASL content to websites and media, thereby increasing information accessibility for many people who are deaf. Based on several years of studies, we identify best practices for conducting experimental evaluations of sign language animations with feedback from deaf and hard-of-hearing users. First, we describe our techniques for identifying and screening participants, and for controlling the experimental environment. Finally, we discuss rigorous methodological research on how experiment design affects study outcomes when evaluating sign language animations. Our discussion focuses on stimuli design, effect …

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

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No abstract provided.

Constructed Constraint And The Constitutional Text, Curtis A. Bradley, Neil S. Siegel

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In recent years, constitutional theorists have attended to the unwritten aspects of American constitutionalism and, relatedly, to the ways in which the constitutional text can be “constructed” upon by various materials. This Article takes a different approach. Instead of considering how various materials can supplement or implement the constitutional text, it focuses on how the text itself is often partially constructed in American constitutional practice. Although interpreters typically regard clear text as controlling, this Article contends that whether the text is perceived to be clear is often affected by various “modalities” of constitutional interpretation that are normally thought to come …

The New Way Of War: Is There A Duty To Use Drones?, Oren Gross

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Drones have become the poster child for America’s continuing fight against terrorism under President Obama, playing the role that torture had occupied during the Bush administration: a morally, legally, and politically controversial issue that drives a wedge between the United States and much of the rest of the world. Covert drone attacks orchestrated by the CIA around the world, including in areas that lie outside recognized war zones, raise a range of difficult questions that have been heavily debated by scholars, policy-makers and in the general media. However, that discussion has focused on whether states have the legal right to …

The Contribution Of Phonological Knowledge, Memory, And Language Background To Reading Comprehension In Deaf Populations, Elizabeth A. Hirshorn, Matthew W G Dye, Peter Hauser, Ted R. Supalla

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While reading is challenging for many deaf individuals, some become proficient readers. Little is known about the component processes that support reading comprehension in these individuals. Speech-based phonological knowledge is one of the strongest predictors of reading comprehension in hearing individuals, yet its role in deaf readers is controversial. This could reflect the highly varied language backgrounds among deaf readers as well as the difficulty of disentangling the relative contribution of phonological versus orthographic knowledge of spoken language, in our case ‘English,’ in this population. Here we assessed the impact of language experience on reading comprehension in deaf readers by …

Recklessness As A State Of Mind In 10(B) Cases: The Civil-Criminal Dialectic, Patricia S. Abril, Ann M. Olazabal

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No abstract provided.

Pragmatism Rules, Elizabeth G. Porter

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The Roberts Court’s decisions interpreting the Federal Rules of Civil Procedure are reshaping the litigation landscape. Yet neither scholars, nor the Court itself, have articulated a coherent theory of interpretation for the Rules. This Article constructs a theory of Rules interpretation by discerning and critically examining the two starkly different methodologies the Roberts Court applies in its Rules cases. It traces the roots of both methodologies, explaining how they arise from — and reinforce — structural, linguistic, and epistemological tensions inherent in the Rules and the rulemaking process. Then, drawing from administrative law, it suggests a theoretical framework that accommodates …

Reforming Copyright Interpretation, Zahr K. Said

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This Article describes two dimensions of largely unacknowledged and unconstrained realms of interpretive complexity that judges face. First, judges make decisions about sources of interpretive authority somewhere on an axis, one end of which would vest interpretive authority entirely in the text and the other entirely in the context, around or beyond the text. This Article terms this spectrum of judicial decision-making the Text/Context axis. Second, judges must decide what interpretive mode to use in approaching the text, and here they make decisions somewhere along an axis where one end represents analysis or exegesis of the works and the other …

Creators, Innovators, And Appropriation Mechanisms, Sean M. O'Connor

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Now that Congress’s House Judiciary Committee has undertaken a review of current copyright law, and the Register of Copyrights, Maria Pallante, has called for the “Next Great Copyright Act,” sides are being drawn by various interest groups. Perhaps following the pitting of information technology firms against bio-chem and pharma firms in the patent reform battles leading to the America Invents Act, some interest groups want to divide the copyright reform debates into “innovators” and “creators.” Much of this seems driven by large tech firms such as Google, along with advocacy groups such as the Electronic Frontier Foundation (“EFF”) who are …

The Overlooked French Influence On The Intellectual Property Clause, Sean M. O'Connor

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The Intellectual Property Clause (“IP Clause”) of the US Constitution has long been a puzzle for courts and commentators. It authorizes Congress to secure exclusive property rights for authors and inventors, but it does not use the terms “patent” or “copyright,” and its objects of “Science” and “useful Arts” do not cleanly map onto the subject matter of current patent and copyright systems.

As the Supreme Court has noted, under popular usage of the terms “arts” and “science,” one would expect patents to promote science and copyrights to promote arts, yet we know from the historical record that exactly the …

The Lost "Art" Of The Patent System, Sean M. O'Connor

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Patent systems emerged in the early modern period of the West to incentivize development and dissemination of skills-based artisanal innovations. This approach appears to have been adopted by the Framers in drafting the Intellectual Property Clause.

Only later, in the Industrial Revolution, did ‘‘science’’ and ‘‘technology’’ begin to displace ‘‘art’’ as the perceived object of the U.S. patent system. This was in large part because of the emergence of the concept of ‘‘technology’’ itself as science-based innovation in artisanal and mechanized production.

The loss of an ‘‘art’’-based concept of the patent system is arguably causing some of the confusion over …

Disambiguating Company Names In Microblog Text Using Clustering For Online Reputation Management, Fernando Perez-Tellez, John Cardiff, Paolo Rosso, David Pinto

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Twitter is used by millions of users to publish brief messages (tweets) with the purpose of sharing experiences and/or opinions about a product or service. There is a clear need for systems that can mine these messages in order to derive information about the collective thinking of twitterers (e.g. for opinion or sentiment analysis). Tweet analysis is a very important task because comments, opinions, suggestions, complaints etc. can be used for marketing strategies or for determining information on a company’s reputation. For this purpose, it is necessary to automatically establish whether a tweet refers to a company or not, when …

Case Study Two: Jewish Time Jump: New York, Owen Gottlieb

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Gottlieb presents an early case study of his mobile augmented reality game Jewish Time Jump: New York design on the ARIS platform for the iPhone and iPad (iOS). The game is set on-location in Washington Square Park in New York city. Players in 5th-7th grade take on the role of time-traveling reporters, landing on site on the eve of the Uprising of 20,000, the largest women-led strike in U.S. History. Based on their GPS location they receive media from over 100 years in the past, interactive with digital characters as they work to gather a story for the fictional Jewish …

Culinary Internship And The European Mobility Action Plan: Part One, Frank Cullen

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International mobility for work placement has experienced exponential growth over the past five years with the assistance of European Leonardo da Vinci and Erasmus funding for European internships. The main purpose behind the European Commission funding ventures for internship (experiential learning) is to enhance the students’ cultural awareness, cultivate their language skills and develop their professionalism in their field of study. It is generally accepted that experiential learning in the workplace provides many learning opportunities for students (Billett, 2001:121, Fuller and Unwin, 2003, Guile and Griffiths, 2001, Cullen, 2010a, Cullen, 2010b, Kristensen, 2004). In spite of acceptance that experiential learning …

Health Websites: Accessibility And Usability For American Sign Language Users, Poorna Kushalnagar, Joan Naturale, Raylene Paludeviciene, Scott R. Smith, Emily Werfel, Richard Doolittle, Stephen Jacobs, James Decaro

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To date, there have been efforts towards creating better health information access for Deaf American Sign Language (ASL) users. However, the usability of websites with access to health information in ASL has not been evaluated. Our paper focuses on the usability of four health websites that include ASL videos. We seek to obtain ASL users’ perspectives on the navigation of these ASL-accessible websites, finding the health information that they needed, and perceived ease of understanding ASL video content.

ASL users (N=32) were instructed to find specific information on four ASL-accessible websites, and answered questions related to: 1) navigation to find …

Material Culture: A Review Of The 2013 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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The focus of this year’s Oxford Symposium on Food and Cookery was on the stew stove not the stew; the knives not the meat; the salt pots or ‘nefs’ rather than the salt; the ‘chasen’ not the tea; the plates (whether pewter, ceramic, delftware, china, silver or gold) but not their food contents. We were gathered to discuss associated material culture of food and cookery rather than the perishable ephemeral substance that usually concerns this gathering now in its thirty-first year.

So, what did the 220 chefs, food historians, writers, scientists, anthropologists and general foodies learn from the weekend’s discussion …

'Tickling The Palate' Gastronomy In Irish Literature And Culture, Máirtín Mac Con Iomaire, Eamon Maher

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This volume of essays which originated in the inaugural Dublin Gastronomy Symposium held in the Technological University Dublin in June 2012, offers fascinating insights into the significant role played by gastronomy in Irish literature and culture.

The book opens with an exploration of food in literature, covering figures as varied as Maria Edgeworth, James Joyce, Charles Dickens, Enid Blyton, John McGahern, and Sebastian Barry. Other chapters examine culinary practices among the Dublin working classes in the 1950's, offering a stark contrast to the haute cuisine served in the iconic Jammet's Restaurant; new trends among Ireland's 'foodie' generation; and the economic …

Sport As Speech, Genevieve Lakier

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No abstract provided.

Dna → Rna: What Do Students Think The Arrow Means?, Leslie Kate Wright, J. Nick Fisk, Dina L. Newman

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The central dogma of molecular biology, a model that has remained intact for decades, describes the transfer of genetic information from DNA to protein though an RNA intermediate. While recent work has illustrated many exceptions to the central dogma, it is still a common model used to describe and study the relationship between genes and protein products. We investigated understanding of central dogma concepts and found that students are not primed to think about information when presented with the canonical figure of the central dogma. We also uncovered conceptual errors in student interpretation of the meaning of the transcription arrow …

We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti

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No abstract provided.

The Puzzling Presumption Of Reviewability, Nicholas Bagley

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The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …

The Puzzling Presumption Of Reviewability, Nicholas Bagley

Articles

The presumption in favor of judicial review of agency action is a cornerstone of administrative law, accepted by courts and commentators alike as both legally appropriate and obviously desirable. Yet the presumption is puzzling. As with any canon of statutory construction that serves a substantive end, it should find a source in history, positive law, the Constitution, or sound policy considerations. None of these, however, offers a plausible justification for the presumption. As for history, the sort of judicial review that the presumption favors - appellate-style arbitrariness review - was not only unheard of prior to the twentieth century, but …