Digital Commons Network^™

Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs

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No abstract provided.

History Belongs To The Winners: The Bazelon-Leventhal Debate And The Continuing Relevance Of The Process/Substance Dichotomy In Judicial Review Of Agency Action Administrative Law Discussion Forum, Ronald J. Krotoszynski Jr.

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No abstract provided.

Thomas Aquinas And The Metaphysics Of Law, William S. Brewbaker Iii

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Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This Article examines perhaps the most famous of metaphysical legal texts—Thomas Aquinas's still widely read Treatise on Law—with a view toward tracing the influence of Thomas's metaphysical presuppositions. This Article shows that Thomas's account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas's hierarchical view of reality exposes tensions between Thomas's “top-down” account of law and his sophisticated “bottom-up” observations. For example, Thomas grounds human law's authority in its …

Barry Scheck Lectures On Wrongful Convictions, Barry Scheck

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The article discusses the systemic issues leading to wrongful convictions, emphasizing the role of mistaken eyewitness identification and flawed forensic science. It highlights the importance of postconviction DNA exonerations in revealing these injustices and advocates for reforms to improve the criminal justice system.

Radical Integration, Michelle Adams

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"Radical Integration" explores the two primary theoretical frameworks for achieving black liberation: the integration approach (which can be understood as assimilationist) and the identity-based, community-centered approach (which can be understood as isolationist). I argue that neither framework, by itself, is enough to ensure the achievement of true black liberation. I extract key elements of each approach and harmonize them to envision an entirely new framework. This framework, "radical integration," refocuses on the impact of racial segregation on the black community and simultaneously recognizes the need to address concerns about black identity and black authenticity in an integrated environment.

Attention Driven Reference Resolution In Multimodal Contexts, John D. Kelleher

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In recent years a a number of psycholinguistic experiments have pointed to the interaction between language and vision. In particular, the interaction between visual attention and linguistic reference. In parallel with this, several theories of discourse have attempted to provide an account of the relationship between types of referential expressions on the one hand and the degree of mental activation on the other. Building on both of these traditions, this paper describes an attention based approach to visually situated reference resolution. The framework uses the relationship between referential form and preferred mode of interpretation as a basis for a weighted …

Smart Growth: A Buffer Zone Between Decentrist And Centrist Theory?, Dorothy Stewart, Lorcan Sirr, Ruth Kelly

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The context for planning at the turn of the 19th century, in a newly industrialized world, was based on the need to find solutions to overcrowding and dire urban conditions. Planning decisions made in the post-World War II period were primarily motivated by the desire to reconstruct war torn cities. The forces of influence for planning and development in modern advanced capitalist societies are arguably set within the context of sustainable development. Many developed countries have witnessed a dramatic change in their territorial structures. Urban centres are extending into rural areas and surrounding hinterland, where large tracts of land are …

Misogyny, Androgyny, And Sexual Harassment: Sex Discrimination In A Gender-Deconstructed World, Meredith M. Render

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Understanding sexual harassment as a form of discrimination because of sex has grown increasingly difficult as our understandings of both gender and sex have grown richer and more complex This piece offers a new descriptive model for understanding gender bias in the context of sexual harassment law The piece argues that two separate sets of ideas about gender have intersected to produce a new picture of gender equality one that is separated from a binary model of men and women but that nonetheless continues to disadvantage women as compared to men The paper refers to this idea as the androcentricassimilation …

Antidiscrimination Law In The Administrative State, Julie C. Suk

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The article argues that antidiscrimination law in the U.S. should shift its focus from corrective justice, which addresses individual wrongs, to distributive justice, which aims to eradicate systemic inequalities and promote equal opportunities. This shift would require enhancing the role of administrative agencies, such as the EEOC, to enforce antidiscrimination laws more effectively through proactive regulation and rulemaking. The article draws on the British model, where administrative agencies have stronger enforcement powers, to suggest reforms for the EEOC.

The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri

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No abstract provided.

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

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No abstract provided.

Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William Wilson Bratton

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No abstract provided.

Size Matters (Or Should) In Copyright Law, Justin Hughes

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American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

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No abstract provided.

Perceived Health Benefit And Soy Consumption Behavior: Two Stage Decision Model Approach, Wanki Moon, Siva K. Balasubramanian, Arbindra Rimal

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A two-stage decision model is developed to assess the effect of perceived soy health benefits on consumers' decisions with respect to soy food. The first stage captures whether or not to consume soy food, while the second stage reflects how often to consume. A conceptual/analytical framework is also employed, combining Lancaster's characteristics model and Fishbein's multi-attribute model. Results show that perceived soy health benefits significantly influence both decision stages. Further, consumers' negative perceptions regarding soy (unappetizing taste and inconvenience) have a substantially greater impact on soy consumption behavior than their perceptions about soy health benefits. This finding carries significant implications …

Exploring The Color Inconstancy Of Prints, Yongda Chen, Roy Berns, Lawrence Taplin

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The color inconstancy of prints is related to the ink spectral properties and the lookup table for multiink printing systems. In this paper, color inconstancy was investigated for several ink-jet printers based on their ink set and the default lookup tables. A virtual model for each printer was created to determine the range of color inconstancy that a specific ink set could achieve. The color inconstancy performance of each default lookup table was evaluated by evaluating the color inconstancy of a printed test target. The optimum combinations of three- and four-chromatic inks were investigated to minimize the color inconstancy and …

Developing A Participatory Consultation Process For Quality Reviews:The Initial Stage Of The European University Associations Quality Review Of The Technological University Dubin, Aidan Kenny

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This paper describes the evolution of a consultation process utilized by the Technological University Dubin (DIT) as part of a quality review process. An emphasis is placed on outlining: the collaborative nature of the enquiry; the guidelines and code of ethics adopted; the social research methodology utilized both quantitative (online surveys, staff n=1831, student’s n=21094) and qualitative (6 staff focus groups n=45 and 4 stakeholder focus groups n=24 and faculty board submissions 6). Instrument construction, theme sheet design and sampling procedures and response rate are detailed. The author, as consultation facilitator, provides an narrative of events and applies theory to …

Arts Festivals And The City, Bernadette Quinn

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There has been a remarkable rise in the number of urban arts festivals in recent decades. The outcomes of cities' engagement with arts festivals, however, remain little understood, particularly in social and cultural terms. This article reviews existing literature on urban festivals and argues that city authorities tend to disregard the social value of festivals and to construe them simply as vehicles of economic generation or as 'quick fix' solutions to city image problems. While such an approach renders certain benefits, it is ultimately quite limiting. If arts festivals are to achieve their undoubted potential in animating communities, celebrating diversity …

An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher

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The social sciences in general and educational researchers in particular have become more and more conscious of ethical propriety and the need for universally acceptable codes of ethical conduct in recent years. This newfound interest stems in part from criticisms of innovative contemporary research methodologies, and the fear that they may be at odds with certain fundamental ethical principles. This, in turn, has resulted in the integrity and validity of some of these new contemporary styles of research being held up to scrutiny and debated by adherents to the more conventional research methodologies. This paper begins by tracing back to …

Ending Impunity: The Case For War Crimes Trials In Liberia, Charles C. Jalloh, Alhagi Marong

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This article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process …

Design Principles: Continue With Critiquing: Written Report, Peter Dee

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A written report about an object which is considered to be an example of good design focusing on two principles of design; aesthetic usability effect and affordance.

The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson

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This paper documents the present system of custodial remands for children under sixteen years in Ireland. The research includes the entire population of children remanded into custody during the summer of 2000 (N=117). A flow chart model illustrates these young people’s experiences, and the paper highlights issues such as the number of non-offending children who are in custody (21%); the cycle of repeated remands and court appearances (up to 22 repeats); excessive periods of time spent in secure detention (up to 351 days); and the use of remand facilities for those awaiting a suitable residential placement (57%). It provides an …

The Academic Tournament Over Executive Compensation, William Wilson Bratton

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No abstract provided.

A Question Of Fairness: The Proper Standard Of Review Of School Board Just And Reasonable Cause Determinations In Teacher Termination Proceedings In Idaho, John E. Rumel

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No abstract provided.

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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No abstract provided.

The Influence Of F.A. Hayek On Law: An Empirical Analysis, M. Todd Henderson

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No abstract provided.

Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore

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No abstract provided.

The Expressive Power Of Adjudication, Richard H. Mcadams

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This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …

A Social Networks Theory Of Privacy, Lior Strahilevitz

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What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …

Pets Or Meat, Mary Anne Case

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No abstract provided.