An Old-Fashioned View Of The Nature Of Law, James Boyd White

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The law is a not an abstract system or scheme of rules, as we often speak of it, but an inherently unstable structure of thought and expression. It is built upon a distinct set of dynamic and dialogic tensions, which include: tensions between ordinary language and legal language; between legal language and the specialized discourses of other fields; between language itself and the mute world that lies beneath it; between opposing lawyers; between conflicting but justifiable ways of giving meaning to the rules and principles of law; between substantive and procedural lines of thought; between law and justice; between the …

Criton Tomazos And Underground Art In The 1960s, Stephen Carruthers

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This article situates the artistic development of the Greek-Cypriot artist Criton Tomazos (b.1940) as a part of a circle of artists in the 1960s loosely associated around a number of informal groupings, including Arts Together, Writers Forum, Sigma, Group H and Environmental Forum.It examines the context for a number of his key works including The Cage on the basis of a literature review and interviews conducted with Criton Tomazos. The article concludes that Criton Tomazos made a significant contribution to the Undergound art movement in London in the 1960s.

Student, Practitioner, Or Both?:Separation And Integration Of Identities In Professional Social Care Education, Fiona Mcsweeney

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This paper presents and discusses some of the findings from a qualitative study of identities in work-related learners. The theoretical framework of structural symbolic interactionism is outlined and the two identities of interest, that of student and practitioner discussed. The aim of professional education is viewed as enabling the practitioner to deal with ambiguity and change through critical examination of work practices and location of these within theoretical frameworks. It is argued that for knowledge and behaviour to transfer to the work setting the student and worker identities need to be integrated rather than kept separate. Factors identified as influencing …

Producing Governable Subjects: Images Of Childhood Old And New, Karen Smith

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Conceptions of childhood in terms of ‘evil’ and ‘innocence’ transcend time and culture. These conflicting images are deployed by Chris Jenks as the Dionysian and Apollonian models of childhood to symbolize external and internal forms of control. Drawing on the literature on governmentality this paper revisits these models and introduces a third model, the ‘Athenian’ child, analogous and supplementary to those developed by Jenks. This model is necessary in order to take account of relatively recent strategies in the government of childhood, which, predicated on understandings of children in terms of competence and agency, operate via responsibility and reflexivity.

Note No. 9 Research Briefing - Governing Young Citizens: Discourses Of Childhood In Irish Social Policy, Karen Smith

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No abstract provided.

Tracing The Imprint: Catholicism In Some Twentieth Century Irish Fiction, Eamon Maher

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In a seminal article published in Studies in 1965, Augustine Martin noted now Irish writers were characterised by what he termed 'inherited dissent', a tendency that led them to replace their original religious faith with blends of the mystical and aesthetic:

Legal Pluralism In Post-Colonial Africa: Linking Statutory And Customary Adjudication In Mozambique, David Pimentel

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No abstract provided.

Towards A Decision Making Model For City Break Travel, Gerard Dunne, Sheila Flanagan, Joan Buckley

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Purpose

The purpose of this paper is to examine the city break travel decision and in particular to develop a decision making model that reflects the characteristics of this type of trip taking.

Method

The research follows a sequential mixed methods approach consisting of two phases. Phase One involves a quantitative survey of 1,000 visitors to Dublin, from which city break and non city break visitor cohorts are separated and compared. Phase Two entails a qualitative analysis (involving 40 in-depth interviews) that specifically examines the decision making behaviour of city break visitors.

Findings

City break trips were shown to be …

Rule Of Law For Whom? Strengthening Rule Of Law As A Solution To Sexual Violence In The Democratic Republic Of Congo, Ryan S. Lincoln

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This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern …

Federal Disability Discrimination Law And The Toxic Workplace: A Critique Of Ada And Section 504 Case Law Addressing Impairments Caused Or Exacerbated By The Work Environment, John E. Rumel

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No abstract provided.

How Much Clinic For How Many Students?: Examining The Decision To Offer Clinics For One Semester Or An Academic Year, Kele Stewart

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Many law schools are engaged in curricular reform aimed at more effectively preparing students for practice. Two publications that have influenced these reform efforts, Best Practices for Legal Education and the Carnegie Foundation's report Educating Lawyers: Preparation for the Profession of Law, suggest that there should be more clinical opportunities. With limited resources, there is an apparent tension between providing live-client clinics to as many students as possible versus a deeper clinical experience over an academic year. This Article examines the questions raised by a law school's decision to offer a clinic for one semester or two. In designing …

The Constitutionality Of Proposition 8, Richard A. Epstein

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No abstract provided.

Private Religious Discrimination, National Security, And The First Amendment, Aziz Huq

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No abstract provided.

Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt

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No abstract provided.

After Gender The Destruction Of Man - The Vatican's Nightmare Vision Of The 'Gender Agenda' For Law, Mary Anne Case

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No abstract provided.

Realism About Judges, Richard A. Posner

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No abstract provided.

Nietzsche’S Naturalism Reconsidered, Brian Leiter

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According to one recent scholar, “Most commentators on Nietzsche would agree that he is in a broad sense a naturalist in his mature philosophy” (Janaway 2007: 34). This may come as a surprise to those who think of Martin Heidegger, Walter Kaufmann, Paul DeMan, Sarah Kofman, and Alexander Nehamas, among others, as “commentators” on Nietzsche. And yet there are, indeed, clear signs that in the last twenty years, as Nietzsche studies has become more philosophically sophisticated, the naturalist reading of Nietzsche has come to the fore, certainly in Anglophone scholarship.¹ In Nietzsche on Morality (Leiter 2002), I set out …

Failing Juvenile Courts And What Lawyers And Judges Can Do About It, Emily Buss

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No abstract provided.

Feminist Fundamentalism As An Individual And Constitutional Commitment, Mary Anne Case

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No abstract provided.

Present Bias And Criminal Law, Richard H. Mcadams

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Although "present bias" (or weakness of will, impulsiveness, myopia, or bounded willpower) was flagged as an issue for legal examination by Tom Ulen and Russell Korobkin over a decade ago, the concept has received insufficient attention in the legal field-and most of that attention has focused on its implications for the regulation of credit and savings. But, as demonstrated by this Article, the inconsistency of time preferences has wider implications, especially for criminal law. First, present bias may have significant implications for the general deterrence of crime. Individuals with time-inconsistent preferences may give in to immediate temptations to offend, even …

An Economic Interpretation Of The Pashtunwali, Tom Ginsburg

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No abstract provided.

Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles

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The recent growth of empirical scholarship in law, which some have termed "empirical legal studies," has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common prediction is that academic collaboration rises with scholarly specialization. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribution. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the top fifteen law …

On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton

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Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …

Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt

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No abstract provided.

The Political Path Of Detention Policy, Aziz Huq

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No abstract provided.

Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan

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In the context of consumerism, individualism and the privatisation of young people’s leisure, youth work struggles to attract young people, especially those aged 15 to 9 years. Drawing from a study exploring young people’s perspectives on participation in youth services, it is argued that youth work offers a type of public and civic engagement that is not on offer from consumption-based activities. While certain activities attract young people into youth work, what maintains their participation is the sense of belonging they experience and the opportunity to participate meaningfully in decision making. In this regard the youth work sector needs to …

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

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No abstract provided.

Price Fraud, Wendy Gerwick Couture

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No abstract provided.

The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby

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No abstract provided.

Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart

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In recent years a significant amount of the literature in the field of librarianship has focused on providing greater access to library facilities to clients with disabilities. There has been constructive debate about accessible buildings, ergonomic design of library facilities, and assistive technologies; but, what of individual people with disabilities who wish to work in libraries? Does the concern for accessibility extend to their employment in the library workplace? What is happening in Irish academic libraries to accommodate them in their employment and achieve equality of opportunities?