Digital Commons Network^™

Delineating Sexual Dangerousness, Fredrick E. Vars

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Only “dangerous” individuals may be indefinitely detained. Is a one percent chance of a future crime clear and convincing evidence of dangerousness? For sex offenders, fear and uncertainty in case law leave open this passage to limbo. This Article closes it. The due process balancing test used to evaluate standards of proof provides the framework. This Article explains the relationship between the standard of proof and the definition of “dangerous” and argues that only an approach combining the two is consistent with the Constitution. Applying decision theory with assumptions favoring the government, this Article calculates a minimum likelihood of recidivism …

Educating Lawyers For Community, Anthony V. Alfieri

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This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

Nonlawyers Influencing Lawyers: Too Many Cooks In The Kitchen Or Stone Soup?, Michele M. Destefano

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No abstract provided.

When Bad Speech Does Good, Mary Anne Franks

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No abstract provided.

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

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Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …

In Tribute: Frank I. Michelman, Judge Guido Calabrese, Judge Dennis Davis, Rosalind Dixon, Dieter Grimm, Patrick O. Gudridge, Martha Minnow, Margaret Jane Radin

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No abstract provided.

Support Of Non-Biological Children In Jewish Law, J. David Bleich

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Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …

Work-Family Conflict And The Pipeline To Power: Lessons From European Gender Quotas, Julie C. Suk

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The article examines the persistent gender disparities at the top of the legal profession, attributing them to work-family conflict and the disproportionate impact of caregiving responsibilities on women. It explores European gender quotas as a potential solution, arguing that such measures address the legitimacy and effectiveness of institutions by ensuring gender parity in leadership positions. While acknowledging the challenges in implementing quotas in the U.S., the analysis suggests that European approaches offer valuable insights for addressing the "leaky pipeline" and advancing gender equality in the legal profession.

Provocation At Face Value, Kyron J. Huigens

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To take provocation at face value is to plead and prove it as a manslaughter offense, as it is defined in most criminal codes. To do this seems to be both unnecessary and impossible. The defendant has the best access to evidence of provocation and will benefit from the proof of this partial defense, so why should he not be required to prove it? The prosecution has no incentive to prove provocation manslaughter because the definition of this offense includes a murder. Why would the prosecution, having proved a murder, set out to prove a lesser crime than the crime …

Sexual Harassment 2.0, Mary Anne Franks

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Sexual harassment is a complex and evolving practice. The rise of sexual discrimination in cyberspace is only one of the most recent and most striking examples of the phenomenon's increasing complexity. Sexual harassment law, however, has not kept pace with this evolution. Discrimination law has not been adequately "updated" to address new and amplified practices of sex discrimination. Its two principal limitations are (1) it treats only sexual harassment that occurs in certain protected settings (e.g. the workplace or school) as actionable and (2) it assumes that both the activity and the resulting harm of sexual harassment occur in the …

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

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No abstract provided.

Property's Memories, Eduardo Peñalver

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No abstract provided.

When Is A Difference Really Different? Learners' Discrimination Of Linguistic Contrasts In American Sign Language, Joseph Bochner, Karen Christie, Peter Hauser

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Learners’ ability to recognize linguistic contrasts in American Sign Language (ASL)was investigated using a paired-comparison discrimination task. Minimal pairs containing contrasts in five linguistic categories (i.e., the formational parameters of movement, handshape, orientation, and location in ASL phonology, and a category comprised of contrasts in complex morphology) were presented in sentence contexts to a sample of 127 hearing learners at beginning and intermediate levels of proficiency and 10 Deaf native signers. Participants’ responses were analyzed to determine the relative difficulty of the linguistic categories and the effect of proficiency level on performance. The results indicated that movement contrasts were the …

Phenomenological Study Of Postgraduate Researchers' Experiences Of Nanoscience And Nanotechnology Research, Deepa Chari, Paul Irving, Robert Howard, Brian Bowe

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Over the past few decades, scientific disciplines have changed significantly with the introduction of new and complex aspects of interdisciplinary research, particularly in the area of nanoscience and nanotechnology (N&N). The current attempts to develop science education programmes in N&N area to adopt these complex changes however are mainly focussed towards the core scientific knowledge, and, not much attention has been paid to identify the attributes knowledge, skills and competences necessary to successfully undertake N&N research. Identification of these attributes is important so that the core scientific knowledge can be embedded in the curricula more effectively. Also, to work successfully …

Identifying The Knowledge, Skills And Competences For Nanoscience And Nanotechnology Research, Deepa Nathamuni Chari, Robert Howard, Brian Bowe

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Nanoscience and nanotechnology research has influenced the research activities in various scientific disciplines such as physics, chemistry, biology, engineering, molecular biology and biotechnology. The postgraduate researchers working on nanoscience and nanotechnology related research projects in any of these scientific disciplines experience the world of nanoscience and nanotechnology research closely. The examinations of the postgraduate researchers’ lived experiences can certainly unfold the characteristics of nanoscience research as experienced by the researchers themselves and can further illuminate the knowledge, skills and competences required to successfully undertake this research.

Who Benefits From Early Childcare Subsidy Design In Ireland?, Bernie O'Donoghue Hynes, Noirin Hayes

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Best Newcomer Article

The design of policy tools reveals underlying biases that are not easily identified in policy documents. A review of two early childhood education and care subsidies in Ireland aimed at different target populations exposes differential treatment of children, parents and service providers. It also demonstrates how in a split system ‘early education’ is prioritised over ‘childcare’. The designs serve to reinforce stereotypes that enable the powerful and advantaged to accrue benefits while those perceived to be less deserving are burdened through the maldistribution of resources.

What Is Wrong About Wrongdoing, Anthony J. Sebok

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This short article, which was prepared for a conference on civil recourse theory at Florida State University School of Law, asks whether Blackstone’s rejection of maintenance is inconsistent with the theoretical commitments of modern civil recourse theory. Blackstone strongly believed that third parties should not help victims of wrongdoing discover that they have been wronged, this article asks whether modern civil recourse theory is committed to the position (now in retreat throughout common law nations) that third parties who help strangers’ lawsuits are acting against the public interest (or, as Blackstone put it, are “pests of society . . . …

Human Reliability Analysis In Healthcare, Esa M. Rantanen, Joe Deeter

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The problem of human error in healthcare is well documented. Other domains (such as transportation and energy) have used techniques and methods from the engineering disciplines to analyze and ultimately reduce instances of error. In New York State (NYS), the Department of Health (DOH) requires the use of one such method, Root Cause Analysis (RCA), in investigating and reporting the occurrence of and response to sentinel events by hospitals. Despite the use of the RCA technique in an attempt to identify and mitigate the root causes of error, the problem of human error contributing to sentinel events persists. Experts in …

Economic And Social Impacts Of Wildfires And Invasive Plants In American Deserts: Lessons From The Great Basin, Mark W. Brunson, John Tanaka

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Research on the impacts of wildfire and invasive plants in rangelands has focused on biophysical rather than human dimensions of these environmental processes. We offer a synthetic perspective on economic and social aspects of wildfire and invasive plants in American deserts, focusing on the Great Basin because greater research attention has been given to the effects of cheatgrass expansion than to other desert wildfire/invasion cycles. We focus first on impacts at the level of the individual decision-maker, then on impacts experienced at the human community or larger socio-political scales. Economic impacts of wildfire differ from those of invasive grasses because …

Understanding And Supporting Young People Who Self Injure In Social Care Settings, David Williams

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Abstract: this article provides a brief discussion on the issue of young people who self injure in social care settings. The discussion identifies this issue to be extremely challenging for social care workers caring for clients presenting with self injurious behaviour. The article focuses on providing some key definitions of self injury, identifies some key concepts in helping professionals understand the functions and reasons for self injurious behaviour and finally suggests some practical guidelines for social care workers in responding to young people in their care who harm themselves. The underlying ethos of these guidelines being the importance of using …

Knowledge Management In A Project Environment: Organisational Ct And Project Influences, Taya Polyaninova

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During a project implementation various forms of information and experience are generated within the organization. If this accumulated knowledge is not recorded and shared amongst other projects, this knowledge will be lost and no longer be available to assist future projects. This may lead to increased future projects costs as resources, time and money will be wasted on redefining the knowledge that once existed within the company. By not capturing and redeploying this knowledge, the quality of a project’s deliverables may adversely suffer. First the publication reviews the concept of project knowledge management. It defines the reasons for managing project …

Keynote: The Crisis And Criminal Justice, Bernard E. Harcourt

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No abstract provided.

The Current State Of Cooking In Ireland: The Relationship Between Cooking Skills And Food Choice, Máirtín Mac Con Iomaire, John Lydon

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This research investigated the attitudes of Irish people to food to ascertain whether the acquisition of cooking skills influences food choice. Caraher et al. (1999) report on the state of cooking in England noted that changing lifestyles has had a significant impact upon the demand of food offerings and on the variance of domestic cooking skills. Caraher et al. (1999) found that cooking skills play an important part in healthy eating as a vehicle for lower-paid people to achieve a healthy diet and is an essential life-skill. While these discourses advance, the deficiency of inherently Irish empirical data contributed to …

Willpower Taxes, Lee Anne Fennell

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Self-control and related concepts appear regularly in tax discussions, but often they are invoked hazily or blurred together with other aspects of choice over time. Despite the evident relevance of willpower to consumption patterns, wealth accumulation, and, ultimately, well-being, there is no consensus about whether and how heterogeneity along this dimension should factor into tax policy. There is support in the tax literature for such divergent responses as funneling more resources to low-willpower people, penalizing them for their lapses, and limiting their choices. Whether we should follow one of these approaches, or some other approach entirely, requires a careful analysis …

The Police Gamesmanship Dilemma, Mary D. Fan

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Police gamesmanship poses a recurring regulatory challenge for constitutional criminal procedure, leading to zigzags and murky zones in the law such as the recent rule shifts regarding searches incident to arrest and interrogation. Police gamesmanship in the “competitive enterprise of ferreting out crime” involves tactics that press on blind spots, blurry regions or gaps in rules and remedies, undermining the purpose of the protections. Currently, courts generally avoid peering into the Pandora’s Box of police stratagems unless the circumvention of a protection becomes too obvious to ignore and requires a stopgap rule-patch that further complicates the maze of criminal procedure. …

Citizenship And Worldwide Taxation: Citizenship As An Administrable Proxy For Domicile, Edward A. Zelinsky

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The United States' worldwide taxation of its citizens is less different from international, residence-based norms than is widely believed and is sensible as a matter of tax policy. An individual's citizenship is an administrable, if sometimes overly broad, proxy for his domicile, his permanent home. Both citizenship and domicile measure an individual's permanent allegiance rather than his immediate physical presence. Because citizenship and domicile resemble each other, and because other nations often define residence for tax purposes as domicile, the U.S. system of citizenship-based taxation typically reaches the same results as the residence-based systems of these other nations, but reaches …

Irish Corned Beef: A Culinary History, Máirtín Mac Con Iomaire, Pádraic Óg Gallagher

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This article proposes that a better knowledge of culinary history enriches all culinary stakeholders. The article will discuss the origins and history of corned beef in Irish cuisine and culture. It outlines how cattle have been central to the ancient Irish way of life for centuries, but were cherished more for their milk than their meat. In the early modern period, with the decline in the power of the Gaelic lords, cattle became and economic commodity that was exported to England. The Cattle Acts of 1663 and 1667 affected the export trade of live cattle and led to a growing …

Impact Of Technostress On End-User Satisfaction And Performance, Monideepa Tarafdar, Qiang Tu, T. Ragu-Nathan

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Organizational use of information and communications technologies (ICT) is increasingly resulting in negative cognitions in individuals, such as information overload and interruptions. Recent literature has encapsulated these cognitions in the concept of technostress, which is stress caused by an inability to cope with the demands of organizational computer usage. Given the critical role of the user in organizational information processing and accomplishing application-enabled workflows, understanding how these cognitions affect users’ satisfaction with ICT and their performance in ICT-mediated tasks is an important step in appropriating benefits from current computing environments. The objective of this paper is to (1) understand the …

The Consensus Constitution, Justin Driver

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No abstract provided.

Unbundling Risk, Lee Anne Fennell

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Scholars have explored many ways to rearrange risk outside of traditional insurance markets. An interesting literature addresses a range of innovative alternatives, including the sale of unmatured tort claims or chances at windfalls, "anti-insurance," or "reverse insurance," and index-based derivatives that address routine (but life-altering) risks, such as those to home values or livelihoods. Because most of this work grows out of a conviction that specific risk allocations embedded in law could be improved upon, the merits of the newly proposed risk arrangements have taken center stage. This Article, in contrast, examines questions surrounding risk customization itself such as the …