Digital Commons Network^™

Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities, Brian M. Barry Dr

Articles

The Judicial Council is tasked with promoting and maintaining high standards of judicial conduct. The Judicial Council Act 2019 identifies judicial impartiality as a principle of judicial conduct that Irish judges are required to uphold and exemplify. Despite its ubiquity, judicial impartiality is perhaps under-explained and under-examined.

This article considers the nature and scope of judicial impartiality in contemporary Irish judging. It argues that the Judicial Council ought to take a proactive, multi-faceted approach to promote and maintain judicial impartiality, to address contemporary challenges that the Irish judiciary face including increasingly sophisticated empirical research into judicial performance, the proliferation of …

Teaching Ethnographic Methods For Cultural Anthropology: Current Practices And Needed Innovation, Alissa Ruth, Katherine Mayfour, Thurka Sangaramoorthy, Bryan Mckinley Jones Brayboy, Melissa Beresford, Alexandra Brewis, H. Russell Bernard, Meskeren Z. Glegziabher, Jessica Hardin, Krista Harper, Pardis Mahdavi, Jeffrey G. Snodgrass, Cindi Sturtzsreetharan, Amber Wutich

Articles

Historically, ethnographic methods were learned by cultural anthropology students in individual research projects. This approach creates challenges for teaching in ways that respond to the next generation’s calls to decenter anthropology’s White, heteropatriarchal voices and engage in collaborative community-based research. Analyzing syllabi from 107 ethnographic methods training courses from the United States, we find the tradition of the “lone researcher” persists and is the basis of ethnographic training for the next generation. There is little evidence of either active reflection or team-based pedagogy, both identified as necessary to meet career opportunities and diversification goals for the wider field of cultural …

Acceptability-Based Brand Color Tolerance, A Case Study, Robert Chung, Yan Liu

Articles

The Pantone R Formula Guide (or Guide), printed using specially-formulated inks on specified substrates, has been used widely by brands to specify brand color aims. While the Guide is silent on brand color tolerance, there are two competing criteria that influence the brand color tolerance, i.e., perceptibility and acceptability. Perceptibility-based color tolerance focuses on “Can I see the difference?” and the permissive difference is in the just-noticeable difference (JND) region. Acceptability-based color tolerance, focusing on “Can I accept the outcome?”, requires fit-for-use cases to identify what the just-acceptable difference (JAD) is. Instead of conducting psychometric tests, this research uses the …

Essays On Good Practice In Academic Writing: A Comparison Across Business Disciplines, Rawayda Abdou, Kevin Paul Corbett, Elun Hack, Deirdre Mcquillan

Articles

This is a series of essays to support PhD students and early career researchers within the field of business. By delving into a cross disciplinary perspective on academic writing in the business domain, researchers will better understand differences for writing. Essay 1 highlights what is important for writing in economics. Essay 2 adopts a different approach by arguing for more pluralism and applied approaches when writing in Human Resource Management. The essay opens up new possibilities and opportunities for PhD students and early career researchers interested in more applied approaches. Essay 3 guides qualitative researchers writing in sports management where …

A Continuing Constitutional Conversation: Locating Nitisha, Gauri Pillai

Articles

In April 2021, the Supreme Court of India decided Nitisha v Union of India, holding that the gender neutral hiring procedure adopted by the Indian Army indirectly discriminated against women officers by disproportionately excluding them from promotion. This effect was experienced due to systemic discrimination against women built into the appointment criteria. To redress systemic discrimination, the State was required not only to abstain from direct or indirect discrimination but also to positively act to bring in structural change. Nitisha makes significant contributions to developing the constitutional understanding of non-discrimination. It identifies the essential nature of discrimination as systemic rather …

An Analysis Of The Impact And Efficacy Of Online Emotional Intelligence Coaching As A Support Mechanism For University Students, Aiden Carthy, Wyndham Chalmers, Eoghan Guiry, Philip Owende

Articles

As a consequence of the COVID-19 pandemic, many college courses have pivoted to complete online delivery and colleges are also tasked with providing student supports online. It is likely this transition will last beyond any COVID-19 specific restrictions, therefore this small-scale, exploratory study examined the efficacy and impact of the provision of a 5 week online emotional intelligence (EI) coaching programme to a cohort of Irish university students (n = 19) studying at Technological University Dublin (TU Dublin). Results revealed that the average overall level of EI increased for participants following the coaching programme. Students reported that they believed …

Including Autistic Teens In Libraries, Aisling Smith

Articles

This article discusses the needs of autistic teenagers with low support needs and how best to cultivate and promote inclusivity in libraries to better serve this vulnerable sector of the community. Librarians should endeavour to understand the difficulties they encounter and how to minimize factors that might exacerbate these issues if autistic adolescents are to feel welcome and accepted.

Childminding Professionalism And Professionalisation In Ireland: A Different Story, Miriam O'Regan, Ann Marie Halpenny, Noirin Hayes

Articles

This research focussed on documenting the praxis and paedagogy of paid, professional childminding (family childcare/day care) in Ireland. It explored professionalism and professionalisation among childminders in the context of the evolving understanding of professionalism in Early Childhood Education and Care (ECEC) nationally and internationally. The research was conducted within the framework of Ecocultural Theory (ECT) on the eve of mandatory regulation of childminding against the backdrop of Irish ECEC policy. A mixed method approach was adopted, using the Ecocultural Family Interview for Childminders (EFICh), including participants’ photographs, case study surveys, researcher field notes and holistic ratings. We present findings related …

Towards An Ethical Framework For The Design And Development Of Inclusive Home-Based Smart Technology For Smart Spaces For Older Adults And People With Disabilities, Emma Murphy, Julie Doyle, Ioannis Stavrakakis, Damian Gordon, Brian Keegan, Dympna O'Sullivan

Articles

Unique ethical, privacy and safety implications arise for people who are reliant on home-based smart technology due to health conditions or disabilities. As a result we need to carefully reflect on our approaches to ethical issues over the life cycle of smart home technology design and the wider living context for end users and relevant stakeholders. In this position paper we highlight a need for a reflective, inclusive ethical framework for the design of inclusive smart spaces. We present key ethical considerations in the design, development and deployment of smart home-based technology for older adults and people with disabilities. We …

How Is Immigrant Entrepreneurial Opportunity Formation Influenced By Interactions Between Home And Host Countries?, Kingsley C. Njoku, Thomas M. Cooney

Articles

This study examined how the entrepreneurial opportunity formation process among different ethnic groups was influenced by their origins and the cultural values accustomed to them. Using a qualitative phenomenological approach, data was collected from 20 participants (five each from four different ethnic groups) using an in-depth interview technique. The study found that the interactions between an immigrant's home and host environments can take different forms (i.e., enablers and threats) which will influence their career choices in diverse ways. The study model framework showed that participants are influenced distinctly subject to their ethnic backgrounds and the nature of their interactions with …

Understanding The Influence Of Place On Festival Making And Artistic Production In The Local Urban Festival Context, Danielle Lynch, Bernadette Quinn Dr

Articles

Recent decades have seen a dramatic increase in research output on arts festivals and cultural events, and a growing focus on the role festivals play in negotiating and constructing meanings of place. However, little attention has been paid to how place shapes the process of festival making and artistic production. This paper attempts to address this shortcoming by examining the extent to which place matters to the production of festival activity and asks: how does place influence festival making and artistic production in a local arts festival context? The study is part of ongoing qualitative research into the Five Lamps …

Sociodemographic, Personal, Peer, And Familial Predictors Of E-Cigarette Ever Use In Espad Ireland: A Forward Stepwise Logistic Regression Model, Joan Hanafin, Salome Sunday, Luke Clancy

Articles

Introduction:
/="/">E-cigarette ever use has risen significantly in recent years in Ireland, similar to trends elsewhere in Europe, the United States, and Asia-Pacific region. Results from ESPAD Ireland (European School Survey Project on Alcohol and other Drugs) show teenage e-cigarette ever use increased from 18% (2015) to 37% (2019). Given this increase, our aim is to profile e-cigarette ever users and never users in this age group; to examine sociodemographic, personal, peer, and familial factors associated with e-cigarette ever use; and to suggest appropriate measures to reduce use.
/="/">
/="/">Methods:
/="/">A nationally representative stratified random sample of …

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Shmuel I. Becher

Articles

What does it mean to have machines that can read, explain, and evaluate contracts? Recent advances in machine learning have led to a fundamental breakthrough in machine language models, portending a profound shift in the ability of machines to process text. Such a shift has far-reaching consequences for diverse areas of law, which are predicated on, and justified by, the existence of information barriers. Our object here is to provide a general framework for evaluating the legal and policy implications of employing language models as "smart readers"-tools that read, analyze, and assess contracts, disclosures, and privacy policies.

Synthesizing state-of-the-art developments, …

Improving Interpreters’ Normative Ethics Discourse By Imparting Principled-Reasoning Through Case Analysis, Robyn K. Dean, Robert Q. Pollard Jr.

Articles

The vocabulary available to community interpreters regarding professional ethics is typically limited to a set of prohibitions—what interpreters should not do. These prohibitions are disproportionately more prevalent in ethical documents and discourse than guidance on what interpreters should do. Both types of guidance are examples of normative ethical messages. However, when interpreters are asked to justify decisions which lead to them taking action rather than refraining from action, they are left with insufficient vocabulary to do so. Without a broader normative vocabulary allowing conversation regarding action-taking, interpreters tend to rely on unhelpful, non-normative language such as metaphors which fail to …

Effects Of Religiosity And Travel Desire On Covid-19 Vaccination Intentions, Muhammet Kesgin, Ali Selcuk Can, Dogan Gursoy, Yuksel Ekinci, Khaled Aldawodi

Articles

Despite the deadly consequences of the COVID-19 pandemic, vaccine hesitation remains a threat to public health and international travel. This study tests the effect of Muslim religiosity on belief-based attitudes (i.e., subjective norms, perceived behavioural control) and travel desire as a proxy for COVID-19 vaccination intentions. The structural model was tested using PLS-SEM with the data collected via a self-administrated survey between April and June 2021 in Saudi Arabia (N=759). Results reveal that travel desire along with belief-based attitudes influence COVID-19 vaccination intentions. Intrinsic religiosity influences individuals’ subjective norms, directly and perceived behavioural control and COVID-19 vaccination intentions indirectly through …

Ethnicity, Self-Knowledge And Literary Sensitivity: A Sociological Reading Of V. S. Naipaul’S First Four Novels, N. Jayaram

Articles

Taking a cue from G. S. Ghurye’s Shakespeare on Conscience and Justice (1965) this lecture in his memory explores the role of ethnicity in shaping the selfknowledge and literary sensitivity of V. S. Naipaul. Naipaul’s life traverses three distinct cultures: the Hindu culture brought by his ancestors who came as indentured migrants to Trinidad, the Creole culture of colonial Trinidad and the emerging modern culture of western civilisation. Much of Naipaul’s self-knowledge involved his engagement with these three cultures and his experience of the interplay between colonialism and ethnicity. In his first four novels—Miguel Street, The Mystic Masseur, The Suffrage …

Re-Thinking The Coronavirus Pandemic As A Policy Punctuation: Covid-19 As A Path-Clearing Policy Accelerator, John Hogan, Michael Patrick Howlett, Mary P. Murphy

Articles

This article joins with others in this special issue to examine the evolution of our understanding of how the coronavirus disease (COVID)-19 pandemic impacted policy ideas and routines across a wide variety of sectors of government activity. Did policy ideas and routines transform as a result of the pandemic or were they merely a continuation of the status quo ante? If they did transform, are the transformations temporary in nature or likely to lead to significant, deep and permanent reform to existing policy paths and trajectories? As this article sets out, the literature on policy punctuations has evolved and helps …

Intergenerational Learning As A Pedagogical Strategy In Early Childhood Education Services: Perspectives From An Irish Study, Anne Fitzpatrick, Ann Marie Halpenny

Articles

This study investigated the concept, role and potential of intergenerational learning (IGL) as a pedagogical strategy in five Irish early childhood education (ECE) services, through exploring the perspectives on IGL of educators (5), children (70) and their parents (43). Informed by socio-cultural theories of learning and aligned to key principles of IGL, a qualitative methodological approach was adopted. Data was gathered using semi-structured interviews with educators, ‘draw and talk’ strategies with children and informal written feedback with parents. Key findings demonstrated that children’s happiness, socio-emotional competences and executive functions, all key elements of successful learning and living, were strongly supported …

At War With A Silent Killer: An Ipa Study Of The Lived Experiences Of Community Pharmacists In Ireland During Covid-19, Regina Brady, Niamh Imbusch

Articles

Objectives: The purpose of this research was to give voice to the unique lived experiences of community pharmacists who continued to work in patient-facing roles throughout the COVID-19 pandemic. Research objectives sought to understand how they felt about working during this time including any risks felt, why they choose to continue working, and what the post-COVID future might hold for them and their profession. Method: The study was guided by the principles of traditional interpretative phenomenological analysis (IPA). Primary research was collated using semi-structured interviews of a small, purposively selected homogenous group of pharmacists. The research context was a …

Event Tourism, Public Policy And Socio-Cultural Development In Dublin, Bernadette Quinn, Ana Maria Fernandes Dr, Theresa Ryan Dr

Articles

In a highly globalised, competitive world, urban strategies often highlight festivals and events as activities which can attract tourists and investors, extend the tourism season and boost the economy. Event tourism as a term is now well established in the tourism lexicon, however, it is usually employed in quite a limited way that offers only partial insights into a complex phenomenon. To redress this deficit, this paper examines the case of Dublin, where for the last twenty-five years, policy-makers have been using festivals and events to boost the city’s international standing. The aim is to investigate whether policy-makers can strategically …

Recruiting, Retaining, And Advancing Women In Stem At An Hbcu:A Model For Institutional Transformation, Sherrice V. Allen, Anna Lee, Maya Corneille, Robin N. Coger, Margaret I. Kanipes, Stephanie Luster-Teasley, Anthony Depass

Articles

Women, especially women of color (WOC), STEM faculty are underrepresented in full professor and leadership positions and overrepresented in non-tenure track positions. It is essential to develop organizational-level approaches which foster equitable and sustainable practices that lead to the success of women STEM faculty at Historically Black Colleges and Universities (HBCUs). The purpose of this paper is to share a model for institutional transformation focusing on recruitment, retention, and advancement of women STEM faculty. We describe our approaches, outcomes, challenges, successes, and lessons learned to serve as a model for other institutions. In order to transform our institution, we focused …

Evaluating A Peer Assisted Learning Programme For Mature Access Foundation Students Undertaking Computer Programming At An Irish University, Nevan Bermingham, Frances Boylan, Barry J. Ryan

Articles

Access Foundation Programmes are a widening-participation initiative designed to encourage engagement in higher education among under-represented groups. This includes socioeconomic and educational disadvantage. Mature students in particular enrolled on these programmes experience greater difficulties making the transition to tertiary education, especially when they opt to study disciplines traditionally considered difficult. Computer programming is perceived as a traditionally difficult subject with lower pass rates and progression rates typically than other subjects.

This paper describes the first of a three-cycle action research study examining the perceived effects of a structured Peer Assisted Learning (PAL) Programme for mature students enrolled on a computer …

Beyond Section 230 Liability For Facebook, Nancy S. Kim

Articles

No abstract provided.

Adhesive Terms And Reasonable Notice, Nancy S. Kim

Articles

This Article challenges the conceptualization of adhesive forms as contracts and introduces a taxonomy of adhesive terms. It argues that this classification system should be used to determine which adhesive terms are in fact contractual rather than depending upon the self-serving “contracts” label that businesses use to identify their terms. Even if contract law is not the proper framework, torts, property, and other legal and regulatory regimes may determine the enforceability and effect of adhesive terms.

Thus, this Article is both a deconstruction of standard form contracts and a reconstruction. Courts typically apply the standard of reasonable notice to assess …

A Systematic Review Of The Provision Of Sexuality Education To Student Teachers In Initial Teacher Education, Aisling Costello, Catherine Maunsell, Claire Cullen, Ashling Bourke

Articles

Teachers, and their professional learning and development, have been identified as playing an integral role in enabling children and young people’s right to comprehensive sexuality education (CSE). The provision of sexuality education (SE) during initial teacher education (ITE) is upheld internationally, as playing a crucial role in relation to the implementation and quality of school-based SE. This systematic review reports on empirical studies published in English from 1990 to 2019. In accordance with the PRISMA guidelines, five databases were searched: ERIC, Education Research Complete, PsycINFO, Web of Science and MEDLINE. From a possible 1,153 titles and abstracts identified, 15 papers …

Narratives Of Black Women Stem Faculty: Breaking Barriers To Promote Institutional Transformation At Historically Black Colleges And Universities, Anna Lee, Maya Corneille, Karen T. Jackson, Bahby Banks, Sherrice Allen, Robin N. Coger, Margaret I. Kanipes, Stephanie Luster-Teasley

Articles

Women faculty at Historically Black Colleges and Universities (HBCUs), experience many barriers. HBCUs’ rich histories of advancing racial equity have often outweighed a focus on gender equity, with issues at the intersection of race and gender receiving minimal attention. This study highlights the need for institutional transformation at HBCUs by identifying the structural factors that promote and inhibit Black women STEM faculty advancement. Interviews (n=15) were conducted with HBCU Black women STEM faculty using the Life Interview approach. The three major themes related to barriers included: (a) greater likelihood of having their expertise questioned, (b) increased pressure to work harder, …

Transferring Studies Across Embodiments: A Case Study In Confusion Detection, Na Li, Robert J. Ross

Articles

Human-robot studies are expensive to conduct and difficult to control, and as such researchers sometimes turn to human-avatar interaction in the hope of faster and cheaper data collection that can be transferred to the robot domain. In terms of our work, we are particularly interested in the challenge of detecting and modelling user confusion in interaction, and as part of this research programme, we conducted situated dialogue studies to investigate users' reactions in confusing scenarios that we give in both physical and virtual environments. In this paper, we present a combined review of these studies and the results that we …

The 4c’S Of Pal – An Evidence-Based Model For Implementing Peer Assisted Learning For Mature Students, Nevan Bermingham, Frances Boylan, Barry J. Ryan

Articles

Peer Assisted Leaning (PAL) programmes have been shown to enhance learner confidence and have an overall positive effect on learner comprehension, particularly in subjects traditionally perceived as difficult. This research describes the findings of a three-cycle Action Research study into the perceived benefits of implementing such a programme for mature students enrolled on a computer science programming module on an Access Foundation Programme in an Irish University. The findings from this study suggest that peer learning programmes offer students a valued support structure that aids transition and acculturation into tertiary education whilst simultaneously improving their subject-matter comprehension and confidence. An …

Digital Accessibility In Iran: An Investigation Focusing On Iran's National Policies On Accessibility And Disability Support, Laleh Nourian, Kristen Shinohara, Garreth W. Tigwell

Articles

Digital accessibility has become an important topic in the field of HCI, but when looking at accessibility on a global scale, we find that the representation of accessibility research is mostly centered in the Global North with countries that are WEIRD (Western, Educated, Industrialized, Rich, and Democratic). Our paper explores digital accessibility in Iran, focusing exclusively on its national policies on accessibility. Iran is a non-WEIRD country located in the Global South, with no reports on its digital accessibility status from the Global Initiative for Inclusive Information and Communication Technologies (G3ict). We found that there is not enough focus on …

Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth

Articles

In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …