Digital Commons Network^™

A Search For The Truth Or Trial By Ordeal: When Prosecutors Cross-Examine Adolescents How Should Courts Respond, Frank E. Vandervort

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It is an axiom of the law that cross-examination is, in John Henry Wigmore's words, the "greatest legal engine ever invented for the discovery of truth." In part because of its perceived utility in getting to the truth of a matter, courts are generally reluctant, despite broad authority to do so, to step in and to govern the conduct of cross-examination. But is cross-examination invariably calculated to ascertain the truth? While most lawyers are familiar with Wigmore's famous quotation, few are familiar with the caveat that shortly follows it: "A lawyer can do anything with cross-examination.. . . He may, …

Reporting The Rhetoric, Implementation Of The United Nations Convention On The Rights Of The Child As Represented In Ireland's Second Report To The Un Committee On The Rights Of The Child: A Critical Discourse Analysis, Rachel Kiersey, Noirin Hayes

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Ireland’s second periodic report to the United Nations Committee on the Rights of the Child (CRC) presents the government’s case that it is succeeding in protecting and promoting the rights of all children in Ireland. This article presents a critical discourse analysis of the governments Report to the CRC. Using a refined critical discourse analysis (CDA) model, based on the framework proposed by Chouliaraki & Fairclough (1999); the linguistic structure of the Report is examined alongside consideration of the wider socio-political context in which it exists. The Report is itself a promotional genre . It lists legislative change, strategy plans …

The First Amendment Degraded: Milkovich V. Lorain And A Continuing Sense Of Loss On Its 20th Birthday, Richard H. Weisberg

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The article critiques the Supreme Court's decision in Milkovich v. Alabama, arguing that it undermines First Amendment protections by narrowing the distinction between fact and opinion in defamation cases. The Court's ruling, led by Chief Justice Rehnquist, held that statements implying false facts are actionable, even if framed as opinions. This decision, the article contends, reverses the constitutional logic of earlier precedents like New York Times Co. v. Sullivan, which trusted audiences to discern fact from opinion. The article warns that Milkovich erodes the First Amendment's faith in audience discernment, fostering a paternalistic judicial approach that stifles public debate.

The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich

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The article argues that the decline of critical legal studies (CLS) stems not only from external challenges like tenure wars but also from internal weaknesses, particularly an affective incapacity and failure of collective desire. To revitalize CLS, the article proposes a return to its original mission of social transformation, emphasizing the spiritual and ethical dimensions of legal understanding. It draws on hermeneutics and art history to explore how legal symbols and images shape power dynamics, advocating for a deeper engagement with the invisible, non-law forces that guide legal administration.

Arís Is Arís Eile: Scéalta Mar Ais Teanga Sa Naíonra, Maire Mhic Mhathuna

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Achoimre Déantar cur síos san alt seo ar ról na scéalta agus na leabhar mar áis fhoghlamtha teanga is scéalaíochta sa naíonra Gaelach. Déantar anailís ar an teoiric a bhaineann le forbairt na teanga is na scéalaíochta féin sa chéad is sa dara teanga. Deineadh cluastaifeadadh ar na seisiúin scéalaíochta i naíonra Gaelach amháin gach coicís ar feadh sé mhí. Scagadh na hathscríbhinní chun féachaint cén modh scéalaíochta a bhí in úsáid ag na stiúrthóirí is cén dul chun cinn a bhí á dhéanamh ag na páistí. Tugtar cuntas anseo ar na straitéisí scéalaíochta a bhí in úsáid ag na …

Seeing Is Believing: Body Motion Dominates In Multisensory Conversations, Cathy Ennis, Rachel Mcdonnell, Carol O'Sullivan

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In many scenes with human characters, interacting groups are an important factor for maintaining a sense of realism. However, little is known about what makes these characters appear realistic. In this paper, we investigate human sensitivity to audio mismatches (i.e., when individuals’ voices are not matched to their gestures) and visual desynchronization (i.e., when the body motions of the individuals in a group are mis-aligned in time) in virtual human conversers. Using motion capture data from a range of both polite conversations and arguments, we conduct a series of perceptual experiments and determine some factors that contribute to the plausibility …

The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner

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Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest …

Judges As Honest Agents, Frank H. Easterbrook

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No abstract provided.

The Limits Of Textualism: Cooper V. Ibm Personal Pension Plan, Julie Roin

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No abstract provided.

Economic Costs Of Inequality, Richard H. Mcadams

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No abstract provided.

Statutes' Domains And Judges' Prerogatives, David A. Strauss

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No abstract provided.

Modeling Terrorist Radicalization The New Face Of Discrimination: Muslim In America, Aziz Huq

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No abstract provided.

The Art Of Statutory Interpretation: Identifying The Interpretative Theory Of The Judges Of The United States Court Of Appeals For Veterans' Claims And The United States Court Of Appeals For The Federal Circuit, Linda Jellum

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No abstract provided.

Justification Norms Under Uncertainty: A Preliminary Inquiry, Claire Hill

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People making decisions under uncertainty may need to justify those decisions to their reputational community. This Essay considers when and how the potential need to justify might lead a decision-maker to employ a methodology better suited to yielding a justifiable choice that may not be the best choice. When a decision involves uncertainty, the possible outcomes and probabilities are not known. A broad consensus about a methodology that produces a good decision often may not exist. But norms will often arise as to acceptable methodologies - that is, methodologies that will be accepted as justifiable if justification is needed. The …

Robert Tsai, Eloquence And Reason: Creating A First Amendment Culture Book Review, Zanita E. Fenton

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No abstract provided.

Learning Disabled Student Needs Met Through Curriculum Redesign Of The Illinois Agricultural Education Core Curriculum, Seburn L. Pense, Dennis G. Watson, Dexter B. Wakefield

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This quasi–experimental pilot study included agricultural education students with Specific Learning Disabilities (SLD) in five high schools in the federally designated economically distressed area called the Illinois Delta Region. A unit of instruction taken from the existing 165 units of The Illinois Core Curriculum for Agriculture was redesigned in a manner appropriate to SLD students. Students from the five selected programs were randomly assigned to treatment and control groups. Results from pre– and posttests in this study found the redesigned curriculum for SLD students effectively increased learning for both SLD and traditional students.

The Filaments Of The Vicarious, Jospeh Vining

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Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

Policymaking By The Japanese Judiciary In The Criminal Justice Field, Daniel H. Foote

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When one speaks of policymaking by the judiciary, the image that often comes to tnind is the U.S. judiciary, especially the Supreme Court of the United States. That reaction is understandable. Examples abound of policymaking by courts in the United States; and a seemingly never-ending stream of books and articles discuss, analyze, and, depending on the authors'point of view, praise or decry "policymaking" or "judicial activism" by U.S. courts. The field of criminal justice frequently is offered as a prominent example of judicial policymaking in the United States. Expansion in due process protections and other rights for criminal suspects and …

Peeping Hals: Making Sense Of Artificial Intelligence And Privacy, Ryan Calo

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The field of artificial intelligence, broadly defined as the study and practice of designing intelligent agents, is at least six decades into its existence as a formal discipline. Sometimes called “computational” or “synthetic” intelligence, AI borrows from and informs a wide variety of subjects, including philosophy, psychology, linguistics, neuroscience, statistics, economics, and law. Techniques of AI underpin all manner of industrial and consumer applications - from the complex neural nets used in data mining, down to the ‘fuzzy logic’ used by commercial washers and driers.

Insofar as “the issues of AI are directly related to [the] self-image of human beings”, …

Space, Time And The Constitution Of Subjectivity: Comparing Elias And Foucault, Paddy Dolan

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The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies …

Current Policy Developments In European Media Literacy, Brian O'Neill

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In August of 2009, the European Commission issued a formal recommendation on media literacy adding to a series of initiatives underway since 2006 to build a comprehensive European media literacy policy (Commission of the European Communities 2009). Media literacy is now a well-established concept referring to the ability to critically understand and use media in a variety of contexts (see Aufderheide 1997). Recognising that the way people use media is changing and that the volume of information received is enormous, the Commission notes that all citizens need to have the ability to access, analyse and evaluate images, sounds and texts …

Simulation Optimisation Methods In Supply Chain Applications: A Review, Amr Arisha, Waleed Abo-Hamad

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The competitiveness and dynamic nature of today’s marketplace is due to rapid advances in information technology, short product life cycles and the continuing trend in global outsourcing. Managing the resulting supply chain networks effectively is challenged by high levels of uncertainty in supply and demand, confl ict objectives, vagueness of information, numerous decision variables and constraints. With such levels of complexity, supply chain optimisation has the potential to make a signifi cant contribution in resolving these challenges. In this paper, a literature review – based on more than 100 peer-reviewed articles – of state-of-the-art simulation-based optimisation techniques in the context …

“We Are Going To Rape You And Taste Tutsi Women”: Rape During The 1994 Rwandan Genocide, Christopher W. Mullins

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Over the past decades, scholars have paid greater attention to sexual violence, in both theorization and empirical analysis. One area which has been largely ignored, however, is the sexual violence during times of armed conflict. This paper examines the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. Drawing upon testimonies given to the International Criminal Tribunal for Rwanda (ICTR), descriptions of rapes--both singular and mass—were qualitatively analyzed. In general, three broad types of assaults were identified: opportunistic, assaults which seemed to be a product of the disorder inherent within the conflict; episodes of sexual …

The Language Of Food: A Review Of The 2009 Oxford Symposium On Food And Cookery, Máirtín Mac Con Iomaire

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This article reviews the 2009 Oxford Symposium on Food and Cookery, which was held in St. Catherine's College, Oxford. This year's theme was Food and Language and over forty papers were delivered to and audience of over two hundred leading food writers, historians, scientists, anthropologists, linguists, culinary students, and general food enthusiasts.

Dit’S Dynamic Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Charles Pritchard, Bunny Richardson, Yi Wang

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The Technological University Dublin’s FLUENT Dynamic Speech Corpus is aimed at learners, teachers, authors and researchers. When the prototype is complete (target: July 2009) it will afford access to a unique audio resource based on dialogues. Users will be able to find samples of native-to-native speech on a chosen topic, listen to phonetically interesting sections and explore the dynamic environment which gave rise to the spoken features studied. At all stages the user will be able to slow down sequences for heightened intelligibility.

Managing Indigenous Knowledge And Traditional Cultural Expressions: Is Technology The Solution?, Amber T. Burtis

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This paper discusses current issues surrounding the management of indigenous knowledge (IK) and traditional cultural expressions (TCEs) in libraries, archives and other cultural institutions. It addresses the need for: (1) ethical policies for the management of these knowledge systems, (2) critical approaches to the dominant library paradigm of information management, (3) recent efforts by the World Intellectual Property Organization and the American Library Association to craft policy on this topic, and (4) the need for and examples of collaboration with indigenous communities. Implications for social change with the implementation of socially responsible management systems are also considered.

Applying Computational Models Of Spatial Prepositions To Visually Situated Dialog, John D. Kelleher, Fintan Costello

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This article describes the application of computational models of spatial prepositions to visually situated dialog systems. In these dialogs, spatial prepositions are important because people often use them to refer to entities in the visual context of a dialog. We first describe a generic architecture for a visually situated dialog system and highlight the interactions between the spatial cognition module, which provides the interface to the models of prepositional semantics, and the other components in the architecture. Following this, we present two new computational models of topological and projective spatial prepositions. The main novelty within these models is the fact …

Hollywood Representations Of Irish Journalism: A Case Study Of Veronica Guerin, Pat Brereton

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This paper emanates from an interest in how the journalist profession is represented on film. This discussion is framed, broadly, by an effort to gauge the performative nature of journalists, from ‘hard-boiled’ press hacks to egomaniacal TV reporters, while situating the vocation within conventional media studies, which privileges political and ethical indicators like ‘the Fourth Estate’ or as ‘Public Watchdog’.

The Marriage Amendments, Equality And Partner Benefits: A Letter To The City Council Of Moscow, Idaho, Elizabeth Brandt

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No abstract provided.