Digital Commons Network^™

Early Literacy And Numeracy Matters, Geraldine French

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No abstract provided.

Future Present?, Patrick O. Gudridge

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No abstract provided.

Improvidently Granted: Why The En Banc Federal Circuit Chose The Wrong Claim Construction Issue, Greg Reilly

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No abstract provided.

Tushnet's Lawless World: A Response To Mark Tushnet, Book Review, Epstein's Best Of All Possible Worlds: The Rule Of Law, 80 U Chi L Rev 487 (2013), Richard A. Epstein

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No abstract provided.

Copying And Context: Tying As A Solution To The Lack Of Intellectual Property Protection Of Contract Terms, Lisa Bernstein

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No abstract provided.

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

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No abstract provided.

Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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No abstract provided.

Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld

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Police interrogation raises difficult legal, normative, and policy questions because of the State's need to solve crimes and obligation to protect citizens' rights. These issues become even more problematic when police question juveniles. For more than a century, justice policies have reflected two competing visions of youth: vulnerable and immature versus responsible and adult-like. A century ago, Progressive reformers emphasized youths' immaturity and created a separate juvenile court to shield children from criminal trials and punishment. 2 By the end of the twentieth century, lawmakers adopted "get tough" policies, which equated adolescents with adults and punished youths more severely. 3 …

"Anything Can Happen:" Interpreting The 'End' Of War, Fionnuala Ní Aoláin

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Reviewing Thomas U. Berger, War Guilt, and World Politics After World War II (2012), Larry May, After War Ends: A Philosophical Perspective (2012), and Kimberly Theidon, Intimate Enemies: Violence and Reconciliation in Peru (2012).

Making An Impact: New Directions For Arts And Humanities Research, Ellen Hazelkorn

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The severity of the global economic crisis has put the spotlight firmly on measuring academic and research performance and productivity, and assessing its contribution, value, impact and benefit. While traditionally, research output and impact was measured by peer-publications and citations, there is increased emphasis on a “market-driven approach”, which favours the bio-, medical and technological sciences, and helped reinforce a disciplinary hierarchy in which arts and humanities research (A&HR) has struggled for attention. This article charts the changing policy environment across Ireland, the Netherlands and Norway. It draws on evidence from the HERAVALUE project which studied how different stakeholders value …

Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner

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Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …

Treaty Interpretation And Constitutional Transformation: Informal Change In International Organizations., Julian Arato

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Like all constituted bodies of government, international organizations change over time-sometimes in profound and unexpected ways. Besides developing through the obvious mechanism of formal amendment by the constituent member states, these governance bodies can and do undergo a more autonomous kind of constitutional development-what might be called informal constitutional change or transformation. This type of quiet evolution may occur on different levels-including the reordering of the organization's internal architecture in terms of the relative competences of its various organs, as well as the development of the powers of the organization as a whole vis-a­vis the states parties. Unlike formal amendment, …

Engaging Students In The Classroom: How Can I Know What I Think Until I See What I Draw?, Paul Donnelly, John Hogan

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Recognising that the world into which students emerge upon graduation is characterised by constant change, we embrace a critical pedagogy that can be implemented in the classroom through the use of freehand drawing. Freehand drawing is a technique that can stimulate a critical stance, as visual representations allow us to comprehend the world differently, while permitting us see how others understand the world. First year students, in their first lecture, were asked to draw their interpretations of Irish politics and to explain in writing what they had drawn. The students were then placed in groups and asked to note what …

Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth

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I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.

Originalism And Purpose: A Precis Symposium: Back To The Basics: Originalism And Textualism In Constitutional Interpretation Today, Mark E. Brandon

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No abstract provided.

Modern Multivariate Methods For Accurate Dialect Classification, Ernest Fokoue, Zichen Ma

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We perform discriminant analysis together with principal component analysis on dialect and accent recognition. Since the data matrix exhibits high dimension low sample size feature, we calculate the principal components and the score matrix based on the dual space. Given the transformed score matrix, linear discriminant model does not fit the data well, while quadratic discriminant model, the superior model comparing to LDA, may fail sometimes when large number of principal components are required. Using the Gaussian radial basis function kernel, we calculate the kernel matrix and perform LDA directly on it. Comparing the LDA-PCA method, the in-sample prediction error …

Fixing Copyright In Characters: Literary Perspectives On A Legal Problem, Zahr K. Said

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This Article argues for the benefits of an interdisciplinary approach to the problem of copyright’s internal inconsistencies. Character jurisprudence under copyright law misaligns with cultural and literary conceptions of character. Intellectual property law has taken insufficient account of important discrepancies among legal, cultural, and literary theories of character. Literature helps articulate what is at work in the doctrinal tensions in copyright’s character jurisprudence over which kind of character, if any, to protect independently, and how much of it, if any, to protect separately from the text.

At the heart of the doctrinal confusion over the proper scope of protection for …

Understanding Presence, Affordance And The Time/Space Dimensions For Language Learning In Virtual Worlds, Susanna Nocchi, Françoise Blin

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Notwithstanding their potential for novel approaches to language teaching and learning, Virtual Worlds (VWs) present numerous technological and pedagogical challenges that require new paradigms if the language learning experience and outcomes are to be successful. In this presentation, we argue that the notions of presence and affordance, together with the time/space dimensions of interactions in virtual worlds (e.g. Bakhtin’s (1981) chronotope, Foucault’s (1984) heteropia, and Lemke’s (2000) heterochrony), provide new insights into language learners’ trajectories as they attempt to carry out tasks that are designed to make use of virtual worlds’ characteristics and potentialities. We explore and analyse a critical …

Picturing Takings, Lee Anne Fennell

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Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task offinding our way through it has become more difficult, and yet more interesting, with the Supreme Court's recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Traditional Knowledge, Cultural Expression, And The Siren's Call Of Property, Justin Hughes

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Discussions on international legal norms for the protection of TK/TCE have, in their contemporary form, been ongoing since the late 1990s. In that time, our understanding of key issues for a workable system—subject matter, beneficiaries, rights, or protections—have advanced little, if at all. Indeed, as Michael Brown has observed, “vexing questions of origins and boundaries . . . are commonly swept under the rug in public discussions.” Yet even if all those questions were settled, we also need a clear justification or justifications for a new form of intellectual property on the world stage.

Designing And Implementing A Platform For Collecting Multi-Modal Data Of Human-Robot Interaction, Brian Vaughan, Jing Guang Han, Emer Kilmartin, Nick Campbell

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This paper details a method of collecting video and audio recordings of people inter- acting with a simple robot interlocutor. The interaction is recorded via a number of cameras and microphones mounted on and around the robot. The system utilised a number of technologies to engage with interlocutors including OpenCV, Python, and Max MSP. Interactions over a three month period were collected at The Science Gallery in Trinity College Dublin. Visitors to the gallery freely engaged with the robot, with interactions on their behalf being spontaneous and non-scripted. The robot dialogue was a set pattern of utterances to engage interlocutors …

An Investigation In The Development Of Europe's Erasmus Internship Policy, Frank Cullen

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The involvement of the School of Culinary Arts and Food Technology in 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. This paper provide an overview of the development of Erasmus internship and relationship between the the European Commission, the HEA, and DIT.

What Is The Pensee Sauvage And Is It Still Alive In Modern Society?, Mark William Farrell

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The culinary process has changed somewhat down through the ages but not to any great extent. The raw materials are still similar but innovation and creativity has been applied to them to give the finished product varying degrees of taste, texture, sensory and aesthetic pleasure. Fundamentally the tools which we use to interpret or rate our food are the very same apparatus which animals use to define theirs. The anthropology of sensory perception is essentially the same for animals and man in an evolutionary perspective (Pasquet, Simmen & Pagezy, 2000). It reflects the capacity of the animal or primitive human …

On Creativity, Kerry Meakin

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A review of available literature on creativity was undertaken to determine the definition of creativity, the common traits displayed by those perceived as being creative and how those traits may possibly be nurtured. The word ‘creativity’ has been used by politicians as if it is tangible commodity that must be developed in time of economic recession. Indeed, Dublin City Enterprise Board, a local government authority are in the process of staging ‘Idea Generation’ workshops, “this workshop not only shows you what ideas are good ideas but also introduces you to the concepts of thinking laterally” (Dublin Regional Authority, 2011). The …

A Review Of Situation Identification Techniques In Pervasive Computing, Juan Ye, Simon Dobson, Susan Mckeever

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Pervasive systems must offer an open, extensible, and evolving portfolio of services which integrate sensor data from a diverse range of sources. The core challenge is to provide appropriate and consistent adaptive behaviours for these services in the face of huge volumes of sensor data exhibiting varying degrees of precision, accuracy and dynamism. Situation identification is an enabling technology that resolves noisy sensor data and abstracts it into higher-level concepts that are interesting to applications. We provide a comprehensive analysis of the nature and characteristics of situations, discuss the complexities of situation identification, and review the techniques that are most …

Motionless Monotony: New Nowheres In Irish Photography, Colin Graham

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‘But my mind was too confused … so with a kind of madness growing upon me, I flung myself into futurity … What strange developments of humanity, what wonderful advances upon our rudimentary civilization, I thought, might not appear when I came to look into the dim elusive world that raced and fluctuated before my eyes. I saw great and splendid architecture rising about me, more massive than any buildings of our own time, and yet, it seemed, built of glimmer and mist … the earth seemed very fair. And so my mind came round to the business of stopping.’ …

The Politics Of Incivility, Bernard E. Harcourt

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No abstract provided.

The Institution Matching Canon, Aziz Huq

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This Article identifies and analyzes a transsubstantive tool of constitutional doctrine that to date has escaped scholarly attention. The Article terms this device the "institution matching" canon. It can be stated briefly as follows: When the government makes a decision that may impinge upon a liberty or equality interest-which may or may not be directly judicially enforced otherwise-a court should determine whether the component of government that made the decision has actual competence in and responsibility for the policy justifications invoked to curtail the interest. If not, the court should reject the government action but leave open the possibility of …

Waiting For Hohfeld: Property Rights, Property Privileges, And The Physical Consequences Of Word Choice, Jerrold A. Long

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An important part of our institutional and cultural history is our understanding of a system of property interests. The most common trajectory of land-use regulation appears consistent with a property rights meta-narrative that informs multiple academic disciplines and levels of human interaction. This meta-narrative suggests that all land-use decisions begin with an assumption about the nature and extent of property rights held by potentially affected landowners, and that the ultimate end of any land-use regime is to "protect" those assumed property rights from unwarranted or unjustified intrusion by government. Because the law is a distinct linguistic environment in which word …

Talk About Talking About Constitutional Law, Adam M. Samaha

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Constitutional theory branches into decision theory and discourse theory. The former branch concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed, For its part, originalism initially was promoted as a method for resolving constitutional disagreement, but it has spread into discourse theory as well. Jack Balkin's "living originalism" illustrates this extension. This Article examines inclusive versions of originalism like Balkin's that permit many different answers to constitutional questions. The Article then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse …