Digital Commons Network^™

Establishing Relations Between Law And Other Forms Of Thought And Language, James Boyd White

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The law does not, and could not, exist in an intellectual or linguistic vacuum. No one believes that the law is or should be impervious to other languages, other bodies of knowledge. In this sense the argument about the 'autonomy' of law is an empty one: law cannot be, should not be, perfectly autonomous, unconnected with any other system of thought and expression; yet it plainly has it own identity as a discourse, it own intellectual and linguistic habits, which it is our task as lawyers to understand and develop. It follows that an essential topic of legal thought is …

When Should Original Meanings Matter?, Richard A. Primus

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Constitutional theory lacks an account of when each of the familiar sources of authority-text, original meaning, precedent, and so on-should be given weight. The dominant tendency is to regard all sources as potentially applicable in every case. In contrast, this Article proposes that each source of authority is pertinent in some categories of cases but not in others, much as a physical tool is appropriate for some but not all kinds of household tasks. The Article then applies this approach to identify the categories of cases in which original meaning is, or is not, a valid factor in constitutional decisionmaking.

Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott

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This Article argues that the test case that gave rise to the 1896 decision in Plessy v. Ferguson is best understood as part of a wellestablished, cosmopolitan tradition of anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens' rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to segregation as claims to a "social equality" that was beyond the scope of judicially cognizable rights. The Louisiana constitutional convention of 1867-68, however, had defined …

Latinos And The Law Symposium Symposium: Latinos And Latinas At The Epicenter Of Contemporary Legal Discourses: Forword, Richard Delgado, Jean Stefancic

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No abstract provided.

Sudoku: A Little Lesson In Oop, Axel-Tobias Schreiner, James Heliotis

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Paying only lip service to the principles of object-oriented programming rarely results in the expected benefits. This paper presents a series of designs for a Sudoku application that will lead introductory students through the allimportant process of trial and error. They will see examples of design analysis, criticism, and improvement. The paper concludes with some general pointers why and how the initial mistakes could have been avoided.

Hearts, Minds, Hands: A Dream Team For Mental Health, Julianne Gold Brunson, Judy Molner, Miriam Nathan Lerner

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Interpreting in a mental health setting with hearing staff members and deaf clientele, the ethical situations fly fast and furious, providing the interpreter with a wealth of war stories with which to regale neophyte students of this dynamic profession. Much has been written to improve the many and varied mental health services being extended to deaf populations. The most commonly described dyads are that of hearing therapist and deaf patient. However, consider the case of a deaf psychologist treating hearing clients. In this instance, the interpreter becomes the liaison between the deaf professional and the hearing patient. When an interpreter …

Jagannath's Saligram: On Bruno Latour And Literary Critique After Postcoloniality, Amit Ray, Evan Selinger

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Bruno Latour has turned to Indian vernacular fiction to illustrate the limits of ideology critique. In examining the method of literary analysis that underlies his appropriation of postcolonial history and culture, we appeal to Edward Said's notion of "traveling theory" in order to discuss critically the aesthetic as well as political stakes of using the technology of the modern novel for the allegorical purposes that Latour has in mind. We argue that Latourian analysis fails to uphold its own rigorous aspirations when it reduces complex literary and cultural representation to universal allegory.

Reviewing The Author-Function In The Age Of Wikipedia, Amit Ray, Erhardt Graeff

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In "Reviewing the Author-Function in the Age of Wikipedia," Amit Ray and Erhardt Graeff examine how wiki technology challenges traditional concepts of authorship and authority in knowledge production. The authors build on poststructuralist theory, particularly Roland Barthes's "Death of the Author" and Michel Foucault's concept of the "author-function," to analyze how wikis destabilize individual authorship in favor of collaborative, community-driven content creation.

The essay argues that wikis represent a fundamental shift from the Romantic notion of the solitary author-genius to what they term the "wiki writing process"—a dynamic system where traditional roles of reader, writer, and editor blur into a …

Reasonableness And Objectivity: A Feminist Discourse Of The Fourth Amendment, Dana Raigrodski

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This article suggests that a critical reexamination of the Fourth Amendment and its jurisprudence through feminist lenses can shed new light and add to our understanding of it. These insights, in turn, can and should generate a positive feminist Fourth Amendment jurisprudence—a distinctive feminist voice to be integrated systematically into the law of search and seizure, leading to a transformation of the Fourth Amendment itself. Applying feminist theories to particular issues and normative layers of current Fourth Amendment jurisprudence may help guide us through the more difficult task of imagining a feminist jurisprudence of search and seizure law.

Jacobus Tenbroek, Participatory Justice, And The Un Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

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No abstract provided.

Object Detection And Classification With Applications To Skin Cancer Screening, Jonathan Blackledge, Dmitryi Dubovitskiy

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This paper discusses a new approach to the processes of object detection, recognition and classification in a digital image. The classification method is based on the application of a set of features which include fractal parameters such as the Lacunarity and Fractal Dimension. Thus, the approach used, incorporates the characterisation of an object in terms of its texture.

The principal issues associated with object recognition are presented which includes two novel fast segmentation algorithms for which C++ code is provided. The self-learning procedure for designing a decision making engine using fuzzy logic and membership function theory is also presented and …

Created Facts And The Flawed Ontology Of Copyright Law, Justin Hughes

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It is black letter doctrine that facts are not copyrightable: facts are discovered, not created—so they will always lack the originality needed for copyright protection. As straightforward as this reasoning seems, it is fundamentally flawed. Using the “social facts” theory of philosopher John Searle, this Article explores a variety of “created facts” cases—designation systems, systematic evaluations, and privately written laws—in which original expression from private individuals is adopted by social convention and generates facts in our social reality. In the course of this discussion, the paper places facts in their historical and philosophical context, explores how courts conflate facts with …

Key Skills Framework: Enhancing Employability Within A Lifelong Learning Paradigm, Aidan Kenny, Ray English, Dave Kilmartin

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Employability has become an area of interest among the general public and policy makers alike, with an increasing number of reports in the general media regarding the need for workers in certain sectors to up-skill due to the possible threat of job ‘displacement’. In addition, there has been an increase in education and training policy documents emphasising that citizens should pursue Lifelong Learning /Life Wide Learning to address the increased job-related uncertainty attributed to the globalisation process and the concomitant competitive threats. Academics such as Barnett (2005) claim that we are living in an era of ‘super complexity' and rapid …

Using The Technology Of The Confessional As An Analytical Resource: Four Analytical Stances Towards Research Interviews In Discourse Analysis, Brendan O'Rourke, Martyn Pitt

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Among the various approaches that have developed from FOUCAULT's work is an Anglophone discourse analysis that has attempted to combine FOUCAULTian insights with the techniques of Conversation Analysis. An important current methodological issue in this discourse analytical approach is its theoretical preference for "naturally occurring" rather than research interview data. A FOUCAULTian perspective on the interview as a research instrument, questions the idea of "naturally-occurring discourse". The "technology of the confessional" operates, not only within research interviews, but permeates other interactions as well. Drawing on FOUCAULT does not dismiss the problems of the interview as research instrument rather it shows …

On Logic In The Law: Something, But Not All, Susan Haack

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In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.

The Need For A Speech Corpus, Dermot Campbell, Ciaran Mcdonnell, Marty Meinardi, Bunny Richardson

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This paper outlines the ongoing construction of a speech corpus for use by applied linguists and advanced EFL/ESL students. The first section establishes the need for improvements in the teaching of listening skills and pronunciation practice for EFL/ESL students. It argues for the need to use authentic native-to-native speech in the teaching/learning process so as to promote social inclusion and contextualises this within the literature, based mainly on the work of Swan, Brown and McCarthy. The second part addresses features of native speech flow which cause difficulties for EFL/ESL students (Brown, Cauldwell) and establishes the need for improvements in the …

Storytelling And Leadership In The Deaf Community, Luane Davis Haggerty

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JADARA, the official publication of ADARA. An organization for professionals networking for excellence in service delivery with individuals who are deaf or hard of hearing. This article addresses a gap in scholarship on leadership styles in the Deaf community. There is an invisible style of leadership differing from the mainstream culture that has not been previously addressed in the literature at any depth. This article was intended to begin a discussion addressing this gap. My analysis of literature in the leadership fields, Deaf Studies and Performance Studies indicates a unique style of leadership by Deaf people within a Deaf community …

Judicial Deference And The Credibility Of Agency Commitments, Jonathan Masur

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No abstract provided.

Exclusionary Rule And Causation: Hudson V. Michigan And Its Ancestors, The, Albert W. Alschuler

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In Hudson v. Michigan, the Supreme Court held that evidence need not be excluded despite the fact that the police had violated the Fourth Amendment by failing to knock and announce their presence before conducting a search. The Court said that the constitutional violation was not a but-for cause of the seizure; the police would have obtained the evidence even if they had knocked. Hudson's analysis threatens to withdraw the exclusionary remedy whenever the police have conducted a search in an unconstitutional manner-most notably, when they have failed to obtain a warrant before searching. The Court's decision is likely to …

The Erosion Of Individual Autonomy In Medical Decisionmaking: Of The Fda And Irbs, Richard A. Epstein

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No abstract provided.

The Anti-Formalist, David A. Strauss

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No abstract provided.

Wealth Without Markets? (Reviewing Yochai Benkler, The Wealth Of Networks: How Social Production Transforms Markets And Freedom (2006)), Lior Strahilevitz

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No abstract provided.

Baghdad, Tokyo, Kabul: Constitution Making In Occupied States, Tom Ginsburg, Zachary Elkins, James Melton

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No abstract provided.

Assessing The Writing Of International Learners: A Discussion In Two Voices, Sue Norton, Marty Meinardi

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No abstract provided.

Themes And Symbols In Asl Poetry: Resistance, Affirmation, And Liberation, Karen Christie, Dorothy Wilkins

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This paper analyzes themes and symbols in a number of works of poetry in American Sign Language. In particular, the expression of themes of resistance to oppressive elements of the dominant (hearing) culture and affirmation of the values of Deaf American culture will be identified and described in various poetic works. For analysis, definitions of resistance and affirmation are borrowed from Durr and Grcevic (1999) and Durr (1999/2000) who applied these concepts to the works of Deaf artists striving to represent the Deaf experience. Our analysis confirms that there exists a thriving tradition of ASL poetic works which can be …

Cost-Benefit Analysis Without Analyzing Costs Of Benefits: Reasonable Accommodation, Balancing, And Stigmatic Harms, Cass R. Sunstein

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Is an accommodation "reasonable" under the Americans with Disabilities Act if and only if the benefits are roughly proportional to the costs? How should benefits and costs be assessed? Should courts ask how much disabled employees are willing to pay to obtain the accommodation, or instead how much they would have to be paid to forego the accommodation? How should stigmatic or expressive harms be valued? This Essay, written for a celebration of the work of Judge Richard A. Posner, engages these questions in a discussion of an important opinion in which Judge Posner denied accommodations involving the lowering of …

What Good Is The Social Model Of Disability?, Adam M. Samaha

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A social model of disability relates a person's disadvantage to the combination of personal traits and social setting. The model appears to have had a profound impact on academics, politics, and law since the 1970s. Scholars have debated the model's force but its limitations are more severe than have been recognized. This Article claims that the model, like all social construction accounts, has essentially no policy implications. Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by …

A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld

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A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'

Selecting By Origin: Ethnic Migration In The Liberal State By Christian Joppke (Book Review), David Abraham

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No abstract provided.

The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane

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There is a wealth of international research on the transition from preschool to school from a range of perspectives. Following on from such research, the issue of transition is emerging as an important new construct in early childhood care and education (ECCE), with a transition-to-school framework replacing the construct of school readiness as a focus of research interest. There has been limited research into transition practices in Ireland and this study is the first comprehensive research looking at this area from an Irish perspective1. Phase I of this study involved conducting a questionnaire on the transition from preschool to formal …