Digital Commons Network^™

Supporting Children's Participation In Second Language Stories In An Irish Language Preschool, Maire Mhic Mhathuna

Articles

This paper considers how children learning a second language were supported as active participants during storytelling sessions in an Irish-language immersion preschool in Dublin. Audio-recordings and observations were made of the story sessions once a fortnight over a period of six months. The resulting transcripts were analysed from an interactionist perspective, recognising both the cognitive and social aspects of the process. The staff were also interviewed and a questionnaire was completed by the parents. The analysis showed that the practitioners provided support for the children through dynamic repeated readings of target books, scaffolded interactions, sufficient experience of storybook reading and …

Hedonic Adaptation And The Settlement Of Civil Lawsuits, Jonathan Masur, John Bronsteen, Christopher Buccafusco

Articles

This Essay examines the burgeoning psychological literature on happiness and hedonic adaptation (a person's capacity to preserve or recapture her level of happiness by adjusting to changed circumstances), bringing this literature to bear on the probability of pretrial settlement in civil litigation. The existing economic and behavioral models of settlement are incomplete because they do not incorporate the effect of adaptation on the sum for which a plaintiff is willing to accept an offer. When an individual first suffers a serious injury, she will likely predict that the injury will greatly diminish her future happiness. However, during the time that …

What's Law Got To Do With It?: The Bosnia V. Serbia Decision's Impact On Reconciliation, Sheri P. Rosenberg

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During the twentieth century a particular ideology inspired specific efforts to utilize the power of the law to redress episodes of mass atrocity-in particular genocide. The idea has been that accountability and reparations are necessary for moving beyond a past marred with crimes of genocide and crimes against humanity. Trials are often claimed to aid this process on the grounds that they create an irrefutable historic record, punish the perpetrators for the sake of justice and deterrence, and promote peace and reconciliation. This Article interrogates the stated goals of accountability, in particular the goal of reconciliation, against the impact, within …

Children's Perspectives On Coping And Support Following Parental Separation, Ann Marie Halpenny, Sheila Greene, Diane Hogan

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Increasingly, children experience ongoing change in family formation and structure and such fluctuation may threaten or diminish children’s feelings of security with regard to established family roles, relationships and routines. A number of studies have explored available support for children in the context of family transition, focusing in particular upon those organisations providing services to children and families. However, in order to gain more precise insight into the mechanisms through which children can best be supported, it is necessary to consult children themselves and to elicit their perspectives and responses to the changes in their family contexts. A primary aim …

The Mediator As Fugu Chef: Preserving Protections Without Poisoning The Process, Maureen Laflin

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No abstract provided.

Health Privacy In A Techno-Social World: A Cyber-Patient's Bill Of Rights, Patricia S. Abril, Anita Cava

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No abstract provided.

Diagnostic Sensitivity/Specificity Of Preattentive Vision Tests In Glaucoma, James Loughman, Peter Davison, Daniel Ian Flitcroft

Articles

Purpose. Damage to the nerve fiber layer or visual pathway might be expected to reduce the efficiency with which the visual system performs analysis of the ever-changing field of vision. The purpose of this article is to provide a further analysis of previously reported data (Loughman J, Davison P, Flitcroft I, Br J Ophthalmol 2007;91:1493-98.) to: (i) determine the sensitivity and specificity of a test of preattentive vision for glaucoma detection and (ii) provide a cutoff performance level that would serve to distinguish glaucoma in early cases. Methods. Three groups of observers (glaucoma, suspects, and normals) were examined, using computer-generated …

Diagnostic Sensitivity/Specificity Of Preattentive Vision Tests In Glaucoma, James Loughman, Peter Davison, Daniel Ian Flitcroft

Articles

Purpose. Damage to the nerve fiber layer or visual pathway might be expected to reduce the efficiency with which the visual system performs analysis of the ever-changing field of vision. The purpose of this article is to provide a further analysis of previously reported data (Loughman J, Davison P, Flitcroft I, Br J Ophthalmol 2007;91:1493–98.) to: (i) determine the sensitivity and specificity of a test of preattentive vision for glaucoma detection and (ii) provide a cutoff performance level that would serve to distinguish glaucoma in early cases. Methods. Three groups of observers (glaucoma, suspects, and normals) were examined, using computer-generated …

Survey Of Internet And At-Risk Behaviors, Samuel C. Mcquade Iii, Neel Sampat

Articles

In May 2007 though January 2008 fourteen Monroe County school districts in New York State participated in a major research study undertaken by the Rochester Institute of Technology (RIT). A major portion of the study was an online survey. It was designed to:

• Measure the nature and extent of online victimization and offending experiences of K-12th grade students
• Determine types and levels of supervision and role modeling employed by parents pertaining to the use of computers and portable electronic devices by their children; and
• Obtain information from teachers about their perceptions of school-related cyber abuse and crime, along with the …

Towards A Model Of Critical Ethics To Inform The Research Process In Postgraduate Research, Aidan Kenny

Articles

The ethics narrative has become embedded in the contemporary research process, as evident in the emergence of Ethical Committees in faculty and both public and private organisations. Ethics have been codified, made visible and accessible as text artefacts in the forms of (both voluntary and regulatory) codes, statements, conventions, guidelines, principles, procedures, practices. In this short paper I explore this codification of ethics from the period post WWII, detailing some of the milestone text artefacts.

Discourse Analysis As An Approach To Intercultural Competence In The Advanced Efl Classroom, Sue Norton

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In 1991 Michael McCarthy wrote in his Preface to Discourse Analysis for Language Teachers that discourse analysis is ‘not a method of teaching languages; it is a way of describing and understanding how language is used’. By 1994 he had reformulated his position and, with Ronald Carter, published Language as Discourse: Perspectives for Language Teaching, which argued in favour of providing students with a metalanguage by which to analyse the language they were learning. These days, owing to the work of McCarthy, Carter, and others, the basics of discourse analysis can indeed comprise an appropriate subject matter for the advanced …

Aaas And Jstor: Anatomy Of A Successful Initiative, David H. Carlson

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The article recounts the process followed that led to the American Association for the Advancement of Science (AAAS) to reverse its public decision to withdraw its premier publication, Science Magazine, from the JSTOR platform.

The Ubiquity Of Greed: A Contextual Model For Analysis Of Scienter, Ann Morales Olazabal, Patricia S. Abril

Articles

Some securities fraud plaintiffs contend that greed-in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability-is a bona fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the analysis of whether allegations of greed indicate scienter in these cases. The Private Securities Litigation Reform Act of 1995 (PSLRA) requires that the complaint state "with particularity" facts giving rise to a "strong inference" that the defendant acted with the scienter required for the cause of action. Plaintiffs have long established scienter through "motive and opportunity" pleading: …

What Do We Talk About When We Talk About Mass Torts?, Anthony J. Sebok

Articles

The article examines the challenges posed by mass torts, particularly the impact of temporal dispersal and latency of injuries, which create significant uncertainties in settlement values. Nagareda critiques the traditional approaches to mass torts—focusing on procedure, substance, and ethics—and proposes a shift toward an administrative framework. He argues that leveraging the self-interest of plaintiffs' lawyers through a fee redistribution mechanism could address settlement dysfunctions, particularly the disparity between present and future claimants. However, the article questions whether this proposal adequately addresses the broader issues in mass tort litigation, especially in immature torts.

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

Jurisdictions And Causes Of Action: Commercial Considerations In Dealing With Bullying, Stress And Harassment Cases-Part Ii, Niall Neligan

Articles

In the concluding part of this two part article, the author will
examine how the courts have developed rules for dealing with
tortious claims for psychiatric injuries arising out of bullying, stress
and harassment cases. The article will examine whether it is
desirable to consolidate and codify employment rights law in order
to provide clarity to prospective litigants. Finally, the author will
argue that if codification is required, then this will necessitate a
change in the nature of present jurisdictions for bringing claims
involving bullying, stress and harassment in the workplace.

On The Nature Of The Action-Omission Network, Theodore Y. Blumoff

Articles

This work explores the foundations of a deeply felt intuition that pervades American jurisprudence: the act-omission distinction ("AvO"). I conclude that Hume's understanding of the origins of our conception of duties presaged an important insight from modem evolutionary theory: our tendency to engage in altruistic conduct begins, although it clearly does not end, with the physical reality of personal kinship in an unkind world, and it tends to extend out in a social network of ever-diminishing strength the farther we move from the nuclear family. The thesis begins with the observation that we privilege "acts" over "omissions" for purposes of …

The Experience Of Young People Remanded In Custody: A Case For Bail Support And Supervision Schemes, Sinead Freeman

Articles

This article focuses on the potential role and benefits bail support and supervision(BSS) schemes may have for young people in the Irish context. This article is based on a wider Ph.D study examining the issue of coping on remand. The research used court observation and semi-structured interviews conducted with young prisoners aged 16 to 21 years in remand custody. The findings indicate that young people often end up in remand custody as a result of non-compliance with bail. The case is made arising from the research, that the operation of bail support and supervision (BSS) schemes may benefit these young …

Career Choices And Career Advancement: Chinese American Librarians In The 21st Century, Ruan Lian, Jian Anna Xiong

Articles

There is an increasing need to understand Chinese American librarians as one of the largest ethnic librarian groups in American library communities and a renewed interest to demonstrate a critical role they play in the Library and Information Science profession. This paper documents some strategies Chinese American librarians have adopted to meet the challenges and barriers they face. It is hoped that this study will encourage Chinese American librarians to develop methods for analyzing their careers so as to reach higher career goals.

The New Legal Realism, Thomas J. Miles, Cass R. Sunstein

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No abstract provided.

Feminist Fundamentalism On The Frontier Between Government And Family Responsibility For Children, Mary Anne Case

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No abstract provided.

Homeownership 2.0, Lee Anne Fennell

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No abstract provided.

Little Rock And The Legacy Of Brown, David A. Strauss

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No abstract provided.

Regulation With Placebo Effects, Anup Malani

Articles

A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …

Privacy, Surveillance, And Law, Richard A. Posner

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No abstract provided.

The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner

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No abstract provided.

The Reflections And Responses Of A Legal Contrarian, Richard A. Epstein

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No abstract provided.

Happiness And Revealed Preferences In Evolutionary Perspective, Richard A. Epstein

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No abstract provided.

An Object-Oriented Natural Language Expert System, Kenneth Staffan, Henry Etlinger

Articles

This paper highlights the design and implementation of a prototype object-oriented Intelligent Tutoring System (ITS). There were two main goals for the prototype. One was to create a small tutoring system which fit into the niche of current commercially available systems, while exhibiting some of the more intelligent features found in larger custom systems. The other was to experiment with an object-oriented model, design approach, and implementation for such a system. A masking technique for pattern matching is one of the key paradigms driving the intelligent diagnosis. The prototype provides a means for practicing sentence construction, by checking a student's …

Some Effects Of Moral Indignation On Law, Cass R. Sunstein

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No abstract provided.