Digital Commons Network^™

Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham

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A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …

Family Frontiers: The Spage Age Fiction Of Marge Piercy And Ursula K. Leguin, Sue Norton

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This article considers the ways in which feminist writers of speculative fiction reinvent family forms in ways that disrupt conventional narratives of family in literature.

The Regulating Daughter In John Updike's Rabbit Novels, Sue Norton

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This article considers the ways in which John Updike creates female characters who suffer in some way so that their family units can remain intact. His Rabbit novels privilege the so-called nuclear family as an abiding family form, one which rests upon the sacrificial choices made by girls and women. It uses Family Systems Theory as a tool of interpretation in reading the texts and establishing their underlying ethos.

Legal And Ethical Concerns About Sexualorientation Change Efforts, Tia Powell, Edward D. Stein

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The United States has recently made significant and positive civil rights gains for LGB people, including expanded recognition of marriages between people of the same sex. Among the central tropes that have emerged in the struggle for the rights of LGB people are that they are “born that way,” that sexual orientations cannot change, and that one's sexual orientation is not affected by choice. Writer Andrew Sullivan put it this way:

“[H]omosexuality is an essentially involuntary condition that can neither be denied nor permanently repressed.… [S]o long as homosexual adults as citizens insist on the involuntary nature of their condition, …

Final Recommendations For Policy, Brian O'Neill, Elisabeth Staksrud

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EU Kids Online is the primary source of high quality, independent and comprehensive evidence regarding children’s use of the internet in Europe. This report provides research based recommendations to make the internet a better and safer place for children. Our recommendations include the following guidance:

Arguing On The Side Of Culture, Debra Chopp, Robert Ortega, Frank E. Vandervort

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Human service professions are increasingly acknowledging the ubiquitous role of culture in the human experience. This is evidenced in professional codes of ethics, professional school accreditation standards, licensing, and in some cases through state statutes regarding professional codes of conduct. Across professions, concerted efforts are being made to infuse standards of culturally responsive practice into curricular content and training. For example, instruction on cultural competence is expected in business and medical education.1 Psychology and social work both require their professionals to exercise cultural competence. When it comes to cultural competence/ though, the legal codes of ethics and professional practice are …

Culinary Internship And The European Mobility Action Plan Part Two: Towards An Understanding Of The Culinary Life And Internship, Frank Cullen

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In the context of the paper, the role of part two is to provide an overview of culinary life and of the many celebrated chefs who travelled to gain culinary experience before Erasmus funding was available for internship. I also use this paper to provide a synopsis of kitchen systems and present a review of studies related to internship. I attempt to provide some insight into internship and culinary practice in order to augment the understanding of culinary internship. This paper commences with a short review of Georges Auguste Escoffier, one of the most celebrated chefs of all time and …

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 …

An Off-Label Use Of Parental Rights? The Unanticipated Doctrinal Antidote For Professor Mnookin's Diagnosis, Emily Buss

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No abstract provided.

Constitutional Outliers, Justin Driver

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No abstract provided.

Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett

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No abstract provided.

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

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Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

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 …

Undertaking Action Research In Prison: Developing The Older Prisoner Health And Social Care Assessment And Plan, Kate O'Hara, Elizabeth Walsh, Katrina Forsyth, Jane Senior, Jenny Shaw

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Older prisoners are the fastest growing group in prisons. They have complex health and social care needs and the coordination of their care is suboptimal. An action learning group including health care staff, prison staff and older prisoners was established at one prison in England. The group developed the Older prisoner Health and Social Care Assessment and Plan (OHSCAP) which is a health and social care assessment and care planning process for the better identification and management of older prisoners’ needs. This paper describes and critically analyses the process of action learning in prison to develop and pilot the OHSCAP. …

Internality Regulation Through Public Choice, Saul Levmore

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No abstract provided.

Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat

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No abstract provided.

Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard H. Mcadams

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No abstract provided.

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.

Street Diversion And Decarceration, Mary Fan

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States seeking more cost-effective approaches than imprisoning drug offenders have explored innovations such as drug courts and deferred prosecution. These treatment-based programs generally involve giving diversion discretion to prosecutors and judges, actors further down the criminal processing chain than police. The important vantage of police at the gateway of entry into the criminal system has been underutilized. [para] The article explores developing the capacity of police to take a public health approach to drug offending by engaging in street diversion to treatment rather than criminal processing. This approach entails giving police therapeutic discretion—the power to sort who gets treatment rather …

Nietzsche, Naturalism And Normativity (Reviewing Christopher Janaway And Simon Robertson (Eds.), Nietzsche, Naturalism And Normativity (2012)), Brian Leiter

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No abstract provided.

The Limits Of Journalism : How Fictional Narrative Compensates For Journalism’S Shortcomings In John Banville’S The Book Of Evidence, Ian Kilroy

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How fictional narrative compensates for journalism’s limitations in John Banville’s novel The Book of Evidence.

Deciphering Irish Catholic Identities: Past And Present, Eamon Maher

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This collection of essays, compiled and edited by Oliver Rafferty, is a significant contribution to making sense of the tangled labyrinth that is Irish Catholic identities. The plural is important here, as there are, in fact, multiple Catholic identities, something that is often forgotten in the rush to blandly link “Irish” and “Catholic”.

Motivations Of Social Entrepreneurs: Blurring The Social Contribution And Profits Dichotomy, Karla Aileen Boluk, Ziene Mottiar

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Research has typically identified social entrepreneurs as characteristically superior to conventional entrepreneurs as they are motivated by making a contribution to society rather than by profits. Yet, few published papers investigate the motives of social entrepreneurs and explore if there are indeed any additional motivations aside from community interests. The aim of this study is to empirically investigate the additional motives, aside from the social interests that motivate social entrepreneurs. This paper does so by using an inductive approach and specifically carrying out a re-examination of two pieces of research examining social entrepreneurship that were carried out independently by the …

Identifying Legal, Ecological And Governance Obstacles, And Opportunities For Adapting To Climate Change, Barbara Cosens

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No abstract provided.

Cold Comfort Food: A Systematic Examination Of The Rituals And Rights Of The Last Meal, Sarah Gerwig-Moore

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Last meals are a resilient ritual accompanying executions in the United States. Yet states vary considerably in the ways they administer last meals. This paper explores the recent decision in Texas to abolish the tradition altogether. It seeks to understand, through consultation of historical and contemporary sources, what the ritual signifies. We then go on to analyze execution procedures in all 35 of the states that allowed executions in 2010, and show that last meal allowances are paradoxically at their most expansive in states traditionally associated with high rates of capital punishment (Texas now being the exception to that rule.) …

Foreword To Reviews (Books On The Law Of Contracts), Lisa Bernstein

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No abstract provided.

Questioning Gender: Police Interrogation Of Delinquent Girls, Barry C. Feld

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Early juvenile courts emphasized a child's "best interests" and treated youths differently based on personal characteristics such as race and gender. 1 Progressive reformers expected judges to handle boys and girls differently because their circumstances and needs differed. 2 Juvenile courts processed boys primarily for criminal behavior and girls for noncriminal status offenses - e.g. runaway, incorrigibility, or sexual precocity. 3 In the 1970s, efforts to deinstitutionalize status offenders led to substantial declines in the numbers of girls detained and confined for noncriminal misconduct. 4 More recently, juvenile justice officials and the public perceived an increase in violent crimes like …

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

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The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …