Digital Commons Network^™

Intergenerational Learning As A Pedagogical Strategy In Early Childhood Education Services: Perspectives From An Irish Study, Anne Fitzpatrick, Ann Marie Halpenny

Articles

This study investigated the concept, role and potential of intergenerational learning (IGL) as a pedagogical strategy in five Irish early childhood education (ECE) services, through exploring the perspectives on IGL of educators (5), children (70) and their parents (43). Informed by socio-cultural theories of learning and aligned to key principles of IGL, a qualitative methodological approach was adopted. Data was gathered using semi-structured interviews with educators, ‘draw and talk’ strategies with children and informal written feedback with parents. Key findings demonstrated that children’s happiness, socio-emotional competences and executive functions, all key elements of successful learning and living, were strongly supported …

Ordinary And Extraordinary Images: Making Visible The Operations Of Stock Photography In Posters Against The Repeal Of The 8th Amendment, Ann Curran

Articles

The operations of stock photographs, as utilised by the Irish anti-abortion lobby, have not been examined before. Many of the ‘Vote No’ posters in the 2018 Irish referendum campaign on the 8th amendment maintained a visual and textual focus on foetal personhood: asking the Irish electorate to ‘love both,’ while deploying a range of stock photographs. In this article, I trace specific stock images used on anti-abortion posters against Repeal back to their online image bank sources. I make visible the role of generic or stereotypical photographs in anti-abortion messaging, in the knowledge that stock photographs often function best when …

The Privacy Paradox By Proxy: Considering Predictors Of Sharenting, Niamh Ní Bhroin, Thuy Dinh, Kira Thiel, Elisabeth Staksrud, Kjartan Ólafsson

Articles

Despite being worried that children may compromise their privacy by disclosing too much personal data online, many parents paradoxically share pictures and information about their children themselves, a practice called sharenting. In this article we utilise data from the EU Kids Online survey to investigate this paradox. We examine both how individual charac‐ teristics such as demographics and digital skills, and relational factors, including parental mediation styles, concerns about children’s privacy, and communication between parents and children influence sharenting practices. Counter‐intuitively, our findings show that parents with higher levels of digital skills are more likely to engage in sharenting. Furthermore, …

Event Tourism, Public Policy And Socio-Cultural Development In Dublin, Bernadette Quinn, Ana Maria Fernandes Dr, Theresa Ryan Dr

Articles

In a highly globalised, competitive world, urban strategies often highlight festivals and events as activities which can attract tourists and investors, extend the tourism season and boost the economy. Event tourism as a term is now well established in the tourism lexicon, however, it is usually employed in quite a limited way that offers only partial insights into a complex phenomenon. To redress this deficit, this paper examines the case of Dublin, where for the last twenty-five years, policy-makers have been using festivals and events to boost the city’s international standing. The aim is to investigate whether policy-makers can strategically …

Towards A European Framework For Community Engagement In Higher Education – A Case Study Analysis Of European Universities, Emma O'Brien, Bojana Culum Ilic, Anete Veidemane, Davide Dusi, Thomas Farnell, Ninoslav Scukanec Schmidt

Articles

Purpose – This paper aims to examine the development and piloting of a novel European framework for community engagement (CE) in higher education, which has been purposefully designed to progress the CE agenda in a European context.

Design/methodology/approach – The proposed framework was co-created through the European Union (EU)-funded project towards a European framework for community engagement in higher education (TEFCE). The TEFCE Toolbox is an institutional self-reflection framework that centres on seven thematic dimensions of CE. This paper follows the development of the TEFCE Toolbox through empirical case study analysis of four European universities and their local communities.

Findings …

Beyond Section 230 Liability For Facebook, Nancy S. Kim

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No abstract provided.

Adhesive Terms And Reasonable Notice, Nancy S. Kim

Articles

This Article challenges the conceptualization of adhesive forms as contracts and introduces a taxonomy of adhesive terms. It argues that this classification system should be used to determine which adhesive terms are in fact contractual rather than depending upon the self-serving “contracts” label that businesses use to identify their terms. Even if contract law is not the proper framework, torts, property, and other legal and regulatory regimes may determine the enforceability and effect of adhesive terms.

Thus, this Article is both a deconstruction of standard form contracts and a reconstruction. Courts typically apply the standard of reasonable notice to assess …

A Systematic Review Of The Provision Of Sexuality Education To Student Teachers In Initial Teacher Education, Aisling Costello, Catherine Maunsell, Claire Cullen, Ashling Bourke

Articles

Teachers, and their professional learning and development, have been identified as playing an integral role in enabling children and young people’s right to comprehensive sexuality education (CSE). The provision of sexuality education (SE) during initial teacher education (ITE) is upheld internationally, as playing a crucial role in relation to the implementation and quality of school-based SE. This systematic review reports on empirical studies published in English from 1990 to 2019. In accordance with the PRISMA guidelines, five databases were searched: ERIC, Education Research Complete, PsycINFO, Web of Science and MEDLINE. From a possible 1,153 titles and abstracts identified, 15 papers …

Encapsulation Of Essential Oils In Nanocarriers For Active Food Packaging, Shubham Sharma, Lilly Mulrey, Megan Byrne, Amit Jaiswal, Swarma Jaiswal

Articles

Active packaging improves a packaging system’s effectiveness by actively integrating additional components into the packaging material or the headspace around the packaging. Consumer demand and awareness have grown enough to replace chemical agents with natural active agents. Essential oils (EOs) are extensively distributed throughout nature but at low levels and sometimes with poor recovery yields, which poses an issue with their application in food. Due to the instability of EOs when added directly into a food product, they require encapsulation before being added to a packaging matrix such as liposomes, solid-lipid nanoparticles, nano-emulsions, cyclodextrins, and nanostructured lipid nano-carriers. This article …

Website Builders Still Contribute To Inaccessible Web Design, Athira Pillai, Kristen Shinohara, Garreth W. Tigwell

Articles

Website builders enable individuals without design or technical skills to create websites. However, it is unclear if modern websites created by website builders meet accessibility standards. We reviewed six popular website building platforms and found a lack of accessibility support. Wix provided the most comprehensive accessibility documentation and robust accessibility features. However, during an accessibility audit of 90 Wix webpages, we found many accessibility issues, raising concerns about how users are supported.

A Knowledge-Based Model For Context-Aware Smart Service Systems, Thang Le Dinh, Thanh Thoa Pham Thi, Cuong Pham-Nguyen, Le Nguyen Hoai Nam

Articles

The advancement of the Internet of Things, big data, and mobile computing leads to the need for smart services that enable the context awareness and the adaptability to their changing contexts. Today, designing a smart service system is a complex task due to the lack of an adequate model support in awareness and pervasive environment. In this paper, we present the concept of a context-aware smart service system and propose a knowledge model for context-aware smart service systems. The proposed model organizes the domain and context-aware knowledge into knowledge components based on the three levels of services: Services, Service system, …

A Cure Of What Ails You: How Universal Healthcare Can Help Fix Our Tort System, David Pimentel

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No abstract provided.

Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture

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No abstract provided.

Assessing Affirmative Action's Diversity Rationale, Adam Chilton, Justin Driver, Jonathan Masur, Kyle Rozema

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No abstract provided.

Regulatory Oscillation, Jonathan S. Masur

Articles

In the wake of the Reagan deregulation, America experienced twenty- eight years of regulatory progression, with precious little retrogression. That trend came to a crashing halt during the four years of Donald Trump's presidency. As a candidate, Trump campaigned on a series of pledges to reverse and undo as much of the work done by Barack Obama as possible. The Trump EPA was particularly active in this effort. In addition to reversing the Clean Power Plan, under Trump the EPA repealed or substantially weakened a number of other important Obama-era regulations, including a substantial increase in fuel economy standards and …

The Epistemology Of The Internet And The Regulation Of Speech In America, Brian Leiter

Articles

The Internet is the epistemological crisis of the 21st century: it has fundamentally altered the social epistemology of societies with relative freedom to access it. Most of what we think we know about the world is due to reliance on epistemic authorities, individuals, or institutions that tell us what we ought to believe about Newtonian mechanics, evolution by natural selection, climate change, resurrection from the dead, or the Holocaust. The most practically fruitful epistemic norm of modernity, empiricism, demands that knowledge be grounded in sensory experience, but almost no one who believes in evolution by natural selection or the reality …

Duplicative Taxation Among The States: A Problem Not Worth Solving?, Julie Roin

Articles

Recent legal and economic changes not to mention the rise in telecommuting caused by COVID have raised the salience of a lon-simmering fact about the operation of state and local income tax systems: some multistate employers and employees pay a combined income tax liability that is higher than the tax they would have borne had they operated in just one jurisdiction. Seemingly beyond the reach of the courts to correct, there have been persistent calls for congressional action to eliminate or reduce this "duplicative" taxation. This Article suggests that the alleged problem may be both less of a problem, and …

Hidden Agendas In Shareholder Voting, Scott Hirst, Adriana Z. Robertson

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Nothing in either corporate or securities law requires companies to notify investors what they will be voting on before the record date for a shareholder meeting. We show that, overwhelmingly, they do not. The result is “hidden agendas”: for 88% of shareholder votes, investors cannot find out what they will be voting on before the record date. This poses an especially serious problem for investors who engage in securities lending: they must decide whether the expected benefit of voting exceeds the expected benefit of continuing to lend their shares (or making them available for lending) without knowing what they will …

Inclusion And Belonging In Irish Higher Education For Black And Minority Ethnic Students., Fionnuala Darby

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Using Critical Race Theory (CRT) as an analytical prism, this study interrogates the sense of belonging and inclusion experienced by Black and Minority Ethnic (BME) students on one higher education campus in Ireland. The most important story told within the study is as simple as it is complicated. The simple part is that the BME students felt that the campus was inclusive and that they experienced a sense of belonging. The complicated part is that the findings are premised in a normative assumption of whiteness as evidenced by numerous and incremental moments of exclusion in the daily experience of microaggressions, …

Toward A “Tender Offer” Market For Labor Representation, Aneil Kovval, Jonathan R. Macey

Articles

American workers are not sharing in the robust growth of the economy. Traditionally, large numbers of workers sought to improve their lot by bargaining collectively through unions. But this strategy does not seem to be working for enough workers. Despite some recent renewed activity, private-sector unionization rates remain below ten percent and the unions that are in place have struggled to perform well, either in avoiding scandals or in delivering significant returns to workers in the form of job security or wage growth. This Article pro-poses a radical fix to the problem of declining unions. Drawing inspiration from corporate governance …

Constitutional Challenges To Public Health Orders In Federal Courts During The Covid-19 Pandemic, Kenny Mok, Eric A. Posner

Articles

We examine federal judicial cases involving nonreligious civil-liberties challenges to COVID-19-related public health orders from the start of the pandemic in early 2020 to January 27, 2022. Consistent with the tradition of judicial deference toward states during emergencies, we find a high level of success for governments. However, governments did lose in 14.2% of the cases, and in those losses, there is evidence of partisan or ideological influence. Republican-appointed judges were more likely to rule in favor of challengers who brought claims based on gun rights and property rights, while Democratic- appointed judges were more likely to rule in favor …

Democratic Backsliding And Multiracial Democracy. A Response To The 2021 Jorde Symposium Lecture By Steven Levitsky, Tom Ginsburg

Articles

We live in an anxious era, particularly about the possibility of multiethnic democracy. The polarization of American democracy in general, accelerated by Trumpism in particular, has challenged narratives of race as gradually declining in significance. Instead, conventional wisdom suggests that Trumpism results directly from rising racial resentment of a White population that fears losing its relative power.² “Dog Whistle Politics” have been discarded in favor of openly nativist appeals, including by media figures such as Tucker Carlson.³

We are not alone. In France, the theory of the Grand Remplacement (Great Replacement) has spread from the fringes to the …

What Can We Learn From The Federal Approach To The Prosecution Of Juvenile Crime?, Emily Buss

Articles

In a context of widespread concern over our bloated criminal justice system and growing awareness of the harm done to individuals and society by our excessive incarceration policies, any piece of the system that has remained infinitesimally small deserves some attention. In her article, The Federal Juvenile System, 1 Esther Hong highlights the success of the largely overlooked federal juvenile delinquency system in staying extremely small and suggests this system offers lessons for its bloated state and federal counterparts. Although I agree that the federal government’s prosecution of minors under the Federal Juvenile Delinquency Act (“FJDA”) offers some valuable lessons …

Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport

Articles

A large and growing share of the American public turns to Facebook for news. On this platform, reports about crime increasingly come directly from law enforcement agencies, raising questions about content curation. We gathered all posts from almost 14,000 Facebook pages maintained by US law enforcement agencies, focusing on reporting about crime and race. We found that Facebook users are exposed to posts that overrepresent Black suspects by 25 percentage points relative to local arrest rates. This overexposure occurs across crime types and geographic regions and increases with the proportion of both Republican voters and non-Black residents. Widespread exposure to …

In Tribute: Justice Stephen G. Breyer, Jennifer Nou

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No abstract provided.

Promoting Regulatory Prediction, Jonathan Masur, Jonathan Remy Nash

Articles

It is essential for environmental protection that private actors be able to anticipate government regulation. If for instance, the Biden Administration is planning to tighten regulations of greenhouse gas emissions, it is imperative that private companies anticipate this regulatory change now, not a few years from now after they have constructed even more coal- and gas-fired power plants. Those additional power plants will mean more irreversible greenhouse gases, and these plants can be politically challenging to shutter once built. The point is general to private actors making decisions in the shadow of potential government regulation. Better information about future government …

Ideation And Innovation In Constitutional Rights, Tom Ginsburg

Articles

This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area of human rights and argues that innovations tend to be found in situations in which there is strong aversion …

Reflections Of A Supreme Court Commissioner, William Baude

Articles

In 2021, President Joseph Biden convened a presidential commission to consider proposals to reform the Supreme Court. Dozens of witnesses dressed up to provide live testimony to the commission, thousands of people wrote in with additional testimony, and the commission ultimately sent the President a 294-page report.1 I served on that commission and agreed to submit our report to the President. But much is lost in committee. What follows are my own views on the subjects we considered.

In keeping with the structure of the commission’s report, Part I addresses background, Part II addresses court packing, Part III addresses term …

Grid Reliability Through Clean Energy, Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Wiseman

Articles

In the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far beyond the electricity sector.

This Article shows that much of the perceived tension between clean energy and reliability is a failure of law and governance resulting from the United States’ siloed approach to regulating the electric grid. …

Open Access, Interoperability, And Dtcc’S Unexpected Path To Monopoly, Dan Awrey, Joshua C. Macey

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For markets characterized by significant economies of scale, scholars and policy- makers o�en advance open-access and interoperability requirements as superior to both regulated monopoly and the breakup of dominant firms. In theory, by compelling firms to coordinate in the development of common infrastructure, these requirements can replicate the advantages of scale without leaving markets vulnerable to monopoly power. Examples of successful coordination include the provision of electricity, intermodal transportation, and credit-card networks.

This Article offers a qualification to this received wisdom. By tracing the Depository Trust and Clearing Corporation’s path to monopoly in the U.S. securities clearing and depository markets, …