Digital Commons Network^™

The Legacy Of Broken Faith, Eamon Maher

Articles

One of the advantages of a crisis within any human institution is that it generates fracture, encourages re-evaluation, self-criticism, and, occasionally, anger. In April2011, a conference was organised in Milltown Institute around the theme of Broken Faith: &-visioning the Church in Ireland.

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

Articles

The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.

Enhancing The Academic And Social Learning Of Irish Undergraduates Through Emotional And Social Skills Development., Aiden Carthy, Celesta Mccann, Sinead Mcgilloway, Colm Mcguinness

Articles

This paper considers the potential merits of emotional competency coaching for undergraduate students. We outline the findings from our previous work which showed, for example, that a sample of First Year undergraduate students failed to engage with coaching primarily because it was not a mandatory aspect of the curricula. An analysis of the National Framework of Qualifications (NFQ) - which details the specific learning outcomes that must be achieved by all Irish academic syllabi found that this framework makes scant reference to the development of social and emotional skills. Therefore, a revised working model of the NFQ is proposed, which …

The Boundaries Of The Moral (And Legal) Community, Brian Leiter

Articles

No abstract provided.

New Challenges For Strategy Development In Irish Higher Education Institutions., Deirdre Lillis, Marion Lynch

Articles

Strategic planning has become an integral part of the management of higher education institutions worldwide. The experiences of all but one of the Republic of Ireland’s 21 Universities and Institutes of Technology with strategic planning are explored from 2000-2010. At the starting point in 2000 only two Institutions had a documented strategic plan. Ten years later all had undergone one or more iterations of strategic planning. Qualitative research methods were used including document analysis of n=42 strategic plans, n=12 institutional review reports and n=26 interviews with senior managers with responsibility for strategic planning. The paper considers whether the strategic planning …

The "Nixon Sabotage": The Political Origins Of The Equal Protection Challenge To The Voting Rights Act, Danieli Evans

Articles

Critics of the Voting Rights Act argue that the anti-discrimination law requires states to engage in unconstitutional discrimination, as state decisionmakers must be conscious of race in order to ensure that voting policies do not weaken minority representation. This argument relies on the idea that subjective racial motivation is the essence of unconstitutional discrimination (even if benevolent, or to promote racial inclusion). The conventional understanding among constitutional scholars is that this “search for the bigoted decisionmaker” developed in employment and housing discrimination decisions between 1976 and 1979. Previous accounts have not recognized the role that the 1971 school desegregation decision …

Development Of A Jobs Database For Tracking Knowledge And Skills Expectations In The Workplace, Esa M. Rantanen, Christopher Claeys, Daniel Roder

Articles

The primary objective of college education in applied disciplines is that it is relevant to the expectations for new professionals entering the labor market. Academic institutions should therefore pay close attention to the ever-changing skills and knowledge expectations in the labor market. These trends are not easy to track, however. Surveys of new professionals about their experiences in their first jobs or surveys of employers about their experiences with new hires suffer from low response rates, nonresponse bias, and the one-time nature of survey research. A better way to track labor market trends is to continually analyze human factors job …

Advertisements Impact The Physiological Efficacy Of A Branded Drug, Emir Kamenica, Robert Naclerio, Anup Malani

Articles

No abstract provided.

Mock Trials And Real Justices And Judges, Richard A. Posner

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No abstract provided.

The Mink Framework: Towards Measuring Individual Knowledge, Mohamed Ragab, Amr Arisha

Articles

Knowledge is the currency of the current economy and a vital resource for sustaining organisational performance in today’s knowledge-based intensively competitive business environment. To avoid the detrimental consequences of knowledge loss, managers are urged to identify where knowledge stocks exist and how knowledge flows within their organisations by identifying knowledge holders among their employees. Although some studies have attempted to use different methods to measure knowledge at the organisational level, very few have addressed the individual knowledge holder. Moving from a critical literature review of the existing knowledge measurement approaches, this paper proposes a novel framework that enables organisations to …

Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon

Articles

No abstract provided.

Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman

Articles

We present a PCR-based laboratory exercise that can be used with first- or second-year biology students to help overcome common misconceptions about gene expression. Biology students typically do not have a clear understanding of the difference between genes (DNA) and gene expression (mRNA/protein) and often believe that genes exist in an organism or cell only when they are expressed. This laboratory exercise allows students to carry out a PCR-based experiment designed to challenge their misunderstanding of the difference between genes and gene expression. Students first transform E. coli with an inducible GFP gene containing plasmid and observe induced and un-induced …

Using Pcr To Target Misconceptions About Gene Expression, Leslie Kate Wright, Dina L. Newman

Articles

We present a PCR-based laboratory exercise that can be used with first- or second-year biology students to help overcome common misconceptions about gene expression. Biology students typically do not have a clear understanding of the difference between genes (DNA) and gene expression (mRNA/protein) and often believe that genes exist in an organism or cell only when they are expressed. This laboratory exercise allows students to carry out a PCR-based experiment designed to challenge their misunderstanding of the difference between genes and gene expression. Students first transform E. coli with an inducible GFP gene containing plasmid and observe induced and un-induced …

Toward A Positive Theory Of Privacy Law, Lior Strahilevitz

Articles

No abstract provided.

Well-Being Analysis Vs. Cost-Benefit Analysis, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

Cost-benefit analysis (CBA) is the primary tool used by policymakers to inform administrative decisionmaking. Yet its methodology of converting preferences (often hypothetical ones) into dollar figures, then using those dollar figures as proxies for quality of life, creates significant systemic errors. These problems have been lamented by many scholars, and recent calls have gone out from world leaders and prominent economists to find an alternative analytical device that would measure quality of life more directly. This Article proposes well-being analysis (WBA) as that alternative. Relying on data from studies in the field of hedonic psychology that track people's actual experience …

Gender Quotas After The End Of Men, Julie C. Suk

Articles

The article explores the evolving role of gender quotas in a society where women are increasingly surpassing men in education and professional sectors, a concept termed "the end of men." It examines the legal and social implications of gender quotas, contrasting France's constitutional commitment to gender parity with Sweden's shift away from such quotas as they begin to disadvantage women in certain contexts. The author argues that the justification for gender quotas is being reevaluated, moving from correcting historical discrimination to maintaining gender balance as a permanent societal goal.

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

Articles

Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?

Policy Preferences And Legal Interpretation, Anup Malani, Ward Farnsworth, Dustin F. Guzior

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No abstract provided.

The Social Production Of National Security, Aziz Huq

Articles

This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this possibility have wanted for any supporting account of how private behavior conduces to security. Even if the claimed social production of security against terrorism is causally well-founded, it is unclear how the state can elicit desirable private conduct. Consequently, the proposal's legal and policy ramifications …

Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield

Articles

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and …

‘Moving In’: Difficulties And Support In The Transition To Higher Education For In-Service Social Care Students, Fiona Mcsweeney

Articles

This paper reports on the difficulties and supports experienced by social care practitioners within the educational institution during their transition to higher education. A life transition such as entering higher education causes stress for individuals and social support is essential in successfully dealing with this stress (Anderson et al., 2012). Fifteen social care practitioners were interviewed twice during and once at the end of their first academic year in college. Findings indicate that participants were reluctant to approach staff for help despite anxiety about classes and assignments. Discussion and debate in class helped learning and contributed to feelings of being …

Legal Realisms, Old And New, Brian Leiter

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No abstract provided.

Bullying In A New Ground: Cyberbullying Among 9-16 Year Olds In Ireland, Thuy Dinh, Brian O'Neill

Articles

This paper builds on the data collected in Ireland by the cross-national EU Kids Online II project- a large 25 country survey which investigated children’s experiences of the internet, focusing on issues of use, activities, risks, and safetyi . This article explores incidences, forms and consequences of cyberbullying among Irish children, as well as discussing possible prevention and intervention strategies.

Comparison Of Manual Versus Automated Data Collection Method For An Evidence-Based Nursing Practice Study, Matthew D. Byrne, T R. Jordan, Tamara Welle

Articles

OBJECTIVE:

The objective of this study was to investigate and improve the use of automated data collection procedures for nursing research and quality assurance.

METHODS:

A descriptive, correlational study analyzed 44 orthopedic surgical patients who were part of an evidence-based practice (EBP) project examining post-operative oxygen therapy at a Midwestern hospital. The automation work attempted to replicate a manually-collected data set from the EBP project.

RESULTS:

Automation was successful in replicating data collection for study data elements that were available in the clinical data repository. The automation procedures identified 32 "false negative" patients who met the inclusion criteria described in …

Early Literacy And Numeracy Matters, Geraldine French

Articles

No abstract provided.

Employee Perspectives On The Post-Integration Stage Of A Micro-Merger, Jennifer Lawlor

Articles

Purpose - This paper seeks to address the impact of an organisational change initiative on organisational employees, with specific reference to a micro-merger which occurred in a public sector, higher education organisation in Ireland. The literature on change management is examined, with specific reference to the post-integration stage of a micro-merger. The paper then reports on a study that was undertaken in an Irish higher education institution and focuses on the impact of the micro-merger on employees. Specifically, the study seeks to address their perceptions and emotions relating to a heretofore under-researched area in the merger literature, namely the impact …

Using Model Building In Structural Engineering To Enhance Understanding Of Construction Principles And Methods, Niall Holmes, Henry Mullen

Articles

This paper presents a new model building exercise in a second year module in the Department of Civil & Structural Engineering in the Dublin Institute of Technology (DIT). The activity aimed to improve students’ understanding of structural engineering, construction principles and methods. It allowed students to practically apply lecture material and construct a scaled model giving them an opportunity to study and visualise a real structure and generate their own ideas on how it should be assembled within a constructivist active learning environment. As a result, lectures were found to be more interactive and students more engaged in the discussions …

Sensory And Chemical Interactions Of Food Pairings (Basmati Rice, Bacon And Extra Virgin Olive Oil) With Banana, Mark Traynor, Roisin Burke, Maurice O'Sullivan, John Hannon, Catherine Barry-Ryan

Articles

The aim of this study aimed to investigate food pairings as an important sensory phenomenon in order to determine how different components in the selected food pairings affect and interact with other components. Three novel food pairings (banana and bacon, banana and olive oil, and banana and rice) were selected. A conjoint approach utilising qualitative (organic volatile analysis and descriptive sensory analysis) and quantitative (comparable semi quantitative organic volatile analysis and affective sensory tests) methods of analysis n an attempt to elucidate the success or failure of selected food pairings. Free choice profiling (descriptive sensory analysis) data was analysed using …

Crucial Design Issues For Special Access Technology; A Delphi Study, Pearl O'Rourke, Ray Ekins, Bernard Timmins, Fiona Timmins, Siobhan Long, Eugene Coyle

Articles

Purpose: To develop and demonstrate a method to involve professional users of assistive technology (AT) in the development process of customisable products. Employing the ideas of user participation and mass customisation, this research addresses the need for reduced product costs and optimised product flexibility. Method: An adaptable six-question Delphi study was developed to establish consensus among AT professionals on design issues relating to a specified AT domain requiring innovation. The study is demonstrated for the special access technology (SAT) domain. A modified morphological matrix structures the application of the study results to the product design process. Results: Fourteen professionals from …

Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Page

Articles

Trial attorneys can learn techniques that fiction writers have been using successfully for centuries and endow a single object to “rule them all.” In fact, there is a growing field of legal scholarship, known as Applied Legal Storytelling, which involves applying story telling concepts to legal concepts, and some evidence suggests that juries are responsive to narrative framework. Thus trial attorneys can use the literary concept of endowed objects to identify a key piece of physical evidence that weaves a thread of narrative continuity through the case and resonates in the mind of the judge or juror. ...

Endowed objects …