Digital Commons Network^™

Beyond The Public Square: Imagining Digital Democracy, Mary Anne Franks

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To create online spaces that do not merely replicate existing hierarchies and reinforce unequal distributions of social, economic, cultural, and political power, we must move beyond the simplistic clich6 of the unregulated public square and commit to the hard work of designing for democracy.

When we say 'public square,' ... we need to ask- who or what is this public? Who owns this space, what makes it public? . . . This is the essence of democracy: the ability to question power, and the power to do so. - Tom Wilkinson

Professional Caring In Affective Services; The Ambivalence Of Emotional Nurture In Practice, Niall Hanlon

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Emotional nurturance is a fundamental feature of all forms of professional caring. As well as delivering expert social, health, education, practical or personal services, good caregivers possess an other-centred disposition, are emotionally intelligent and relationally skilled, and morally caring. Despite this, the value, role, and status of emotional nurturance in professional care is ambivalent. Drawing on feminist care theory, Hochchild’s emotional labour theory, and Bourdieusian social reproduction theory, as well as diverse empirical studies, this paper identifies how emotion is marginalised and misrecognised and calls for the reappraisal of emotion in professional care work in ways that appreciate tensions, contradictions, …

Shifting The Eu Taxonomy From Theory To Practice: A Review Of The Literature Highlighting Potential Academic Contributions To Its Adoption, Implementation, And Impact, Dylan Kirby, Sandra Thompson, Cormac H. Macmahon

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The EU Taxonomy seeks to identify those sustainable economic activities, thereby supporting climate change mitigation and adaptation. Recent legislation underpinning the EU Taxonomy, such as the Non-Financial Reporting Directive (NFRD) and the Sustainable Finance Disclosure Regulation (SFDR), highlight the urgency for academic contributions that might shed light on its operationalisation. At this embryonic stage in the Taxonomy’s lifecycle, there is potential for the academic community to contribute to understanding its implications. Hence, we undertake a thematic analysis of predominantly, but not exclusively, professional literature to prioritise potential empirical research or conceptualisations that might offer insights for finance and accounting professionals, …

Editing And Interleaving, Patrick Barry

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This essay suggests that a powerful learning strategy called "interleaving"--which involves strategically switching between cognitive tasks--is being underused. It can do more than make study sessions more productive; it can also make editing sessions more productive.

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

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Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri J. Krishna, Kelly Pfeifer, Dana Thompson

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Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …

Contract Schemas, Roseanna Sommers

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This review draws on the notion of “contract schemas” to characterize what ordinary people think is happening when they enter into contractual arrangements. It proposes that contracts are schematically represented as written documents filled with impenetrable text containing hidden strings, which are routinely signed without comprehension. This cognitive template, activated whenever people encounter objects with these characteristic features, confers certain default assumptions, associations, and expectancies. A review of the literature suggests that contract schemas supply (a) the assumption that terms will be enforced as written, (b) the feeling that one is obligated to perform, and (c) the sense that one …

Immigration Law's Arbitrariness Problem, Shalini Ray

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Despite deportation’s devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA’s lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy’s implementation of the INA, however, involves a spectrum of penalties short of deportation. Using tools such as administrative closure, orders of supervision, and deferred action, agency bureaucrats decide who is deported and who stays, and on what terms, on a purely ad hoc basis. In this “shadow system,” immigrants, their advocates, and the broader public lack basic …

Ungrading, Supporting Our Students Through A Pedagogy Of Care, Shaun Ferns, Robert Hickey, Helen Williams

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The awarding of grades or marks to student work is traditionally considered a fundamental feature of assessment. Grades became more widely established in the twentieth century becoming ubiquitous across most educational institutions. There is increasing evidence to suggest that grades are not effective tools for promoting or measuring learning. One alternative approach for promoting and measuring learning is "Ungrading," in which no letter grades or marks are given to students. Instead, they are replaced with formative feedback provided through strategies such as individual feedback, peer review and self-assessment. An Ungrading approach promises increased learner motivation, a reduction in stress, and …

The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen

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In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …

‘Gilded Gravel In The Bowl’: Ireland’S Cuisine And Culinary Heritage In The Poetry Of Seamus Heaney, Anke Klitzing

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Seamus Heaney’s poetry is rich in detail about agricultural and food practices in his native Northern Ireland from the 1950s onwards, such as cattle-trading, butter-churning, eel-fishing, blackberry-picking or home-baking. Often studied from an ecocritical perspective, the abundance of agricultural and culinary scenes in Heaney’s work makes a gastrocritical focus on food and foodways suitable. Food has been recognized as a highly condensed social fact, and writers have long tapped into its multi-layered meanings to illuminate socio-cultural circumstances, making literature a valuable ethnographic source. A gastrocritical reading of Heaney’s work from 1966 to 2010, drawing on Rozin’s Structure of Cuisine, shows …

Pandemic Transformation Of Teaching And Learning: Designing Pedagogy Using The Contents Of Instructors’ “Pedagogical Pantry,” Rather Than “Established Recipes.”, Sara Schley, Carol E. Marchetti

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How can faculty successfully shift from a physical classroom environment to creating meaningful online learning experiences in the midst of a pandemic? Using a “kitchen pantry” metaphor, this essay suggests faculty use a “what’s in my pantry?” approach, rather than trying to replicate the in-class experience and following a previously identified “recipe.” Some faculty embrace new technology options with great gusto. Others are resistant; and still others wait until they’ve seen others use it first to consider incorporating it. This model allows for different entry points of interaction, and for different levels of experimentation, reflecting individual faculty’s strengths and capabilities. …

Viii—Gambling On Others And Relying On Others, Nicolas Cornell

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Gambling on another person and relying on another person are similar but intuitively distinct phenomena. This paper argues that gambling is distinguished by the stance that it necessarily involves towards the bet-upon conduct. It then contends that, where one has gambled upon the conduct of another, one has no standing to complain against that person for losses that result. This small point may have significant implications for how we think about speculative economic losses.

Food And The Irish Short Story Imagination, Anke Klitzing

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Short fiction is a format heartily embraced by the Irish literary imagination since the nineteenth century. This paper takes a gastrocritical approach to investigate the role of food in selected stories from the recently published anthology The Art of the Glimpse (2020). It shows that through the years, food and foodways have been valuable tools for Irish writers, providing setting and context, themes and symbols, plot points, conflicts, characterisation, as well as the quintessential epiphanies.

(Re)Framing Race In Civil Rights Lawyering, Anthony V. Alfieri, Angela Onwuachi-Willig

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This Review examines the significance of Henry Louis Gates, Jr.'s new book, Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow, for the study of racism in our nation's legal system and for the regulation of race in the legal profession, especially in the everyday labor of civil-rights and poverty lawyers, prosecutors, and public defenders. Surprisingly, few have explored the relevance of the racial narratives distilled by Gates in Stony the Roa - the images, stereotypes, and tropes that Whites constructed of Blacks to deepen and ensure the life and legacy of white supremacy-to the practice …

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tarst, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

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This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …

Proven Concepts In New Contexts: Applying Public Health, Mental Health, And Human Rights Strategies To Atrocity Prevention, Jocelyn Getgen Kestenbaum, Arlan F. Fuller, Caitlin O. Mahoney, Amy E. Meade

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No abstract provided.

Metatheme Analysis: A Qualitative Method For Cross-Cultural Research, Amber Wutich, Melissa Beresford, Cindi Sturtzsreetharan, Alexandra Brewis, Sarah Trainer, Jessica Hardin

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In recent years, there has been a florescence of cross-cultural research using ethnographic and qualitative data. This cutting-edge work confronts a range of significant methodological challenges, but has not yet addressed how thematic analysis can be modified for use in cross-cultural ethnography. Thematic analysis is widely used in qualitative and mixed-methods research, yet is not currently well-adapted to cross-cultural ethnographic designs. We build on existing thematic analysis techniques to discuss a method to inductively identify metathemes (defined here as themes that occur across cultures). Identifying metathemes in crosscultural research is important because metathemes enable researchers to use systematic comparisons to …

A Virtue Ethics Approach To Professional Identity: Lessons For The First Year And Beyond, Patrick Emery Longan, Daisy Hurst Floyd, Timothy Floyd

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We have been teaching, writing, and speaking about professional identity formation for many years. Over that period, we have arrived by various routes at a virtue ethics approach to professional identity formation. In this article, we will share our approach and include lessons for the first year of law school and beyond.

Our commitment to a virtue ethics approach did not emerge overnight. It evolved over the years and comes from our varied experiences. Pat Longan's path emerged from his experience as a teacher and scholar of professional responsibility who was asked in 2002 to develop a stand-alone course on …

Teaching Written Advocacy In A Law Clinic Setting, Tamar Ezer

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Written advocacy is a critical lawyering skill and vital component of student work in many clinics. This is certainly true in appellate advocacy and policy-based clinics, such as my own focused on human rights advocacy. Teaching written advocacy requires a deliberate and thoughtful pedagogy, just as with other aspects of clinical teaching. There is a rich literature on teaching legal writing, but only sparse discussion of its applicability in the fast-paced law clinic setting, where written products have real world consequences and need to be of high quality. This article delves into this literature and argues that written advocacy consists …

Using Random Assignment To Measure Court Accessibility For Low-Income Divorce Seekers, James D. Greiner, Ellen L. Degnan, Thomas Ferriss, Roseanna Sommers

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We conducted a field experiment in which 311 low-income individuals seeking a divorce were randomly assigned to receive access to a pro bono lawyer (versus minimal help) to assist with filing for divorce. Examining court records, we found that assignment to an attorney made a large difference in whether participants filed for and obtained a divorce. Three years after randomization, 46% of the treated group had terminated their marriages in the proper legal venue, compared to 9% of the control group. Among “compliers”—participants who obtained representation only if assigned to receive it—those with lawyers were far more likely to file …

Pathways To Institutional Transformation At Hbcus: Recommendations From Hbcu Black Women Stem Faculty, Anna Lee, Maya Corneille, Karen T. Jackson, Bahby Banks, Sherrice Allen

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Black women STEM faculty at historically Black colleges and universities (HBCUs) experience many barriers to promotion, tenure, and the attainment of leadership positions. Institutional transformation is essential in addressing these inequities. However, there is a lack of literature that addresses the pathways for institutional transformation at HBCUs. The purpose of this paper is to share Black women STEM faculty from HBCUs recommendations for institutional transformation. Inter-views were conducted with fifteen Black women STEM faculty at HBCUs. Find-ings revealed several themes including the need for: (1) institutional accountability and oversight, (2) investment in the representation of Black women in faculty and …

Associations Between Dietary Patterns And Inflammatory Markers During Pregnancy: A Systematic Review, Kuan-Lin Yeh, Amber Kautz, Barbara A. Lohse, Susan W. Groth

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Elevated inflammation in pregnancy has been associated with multiple adverse pregnancy outcomes and potentially an increased susceptibility to future chronic disease. How maternal dietary patterns influence systemic inflammation during pregnancy requires further investigation. The purpose of this review was to comprehensively evaluate studies that assessed dietary patterns and inflammatory markers during pregnancy. This review was guided by the Preferred Reporting Items for Systematic Review and Meta-Analyses. Included studies were sourced from EMBASE, PubMed, Web of Science, and Scopus and evaluated using The Quality Assessment Tool for Quantitative Studies. Inclusion criteria consisted of human studies published in English between January 2007 …

Acknowledgements As A Window Into Legal Academia, Jonathan Tietz, W. Nicholson Price Ii

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Legal scholarship in the United States is an oddity—an institution built on student editorship, a lack of peer review, and a dramatically high proportion of solo authorship. It is often argued that this makes legal scholarship fundamentally different from scholarship in other fields, which is largely peer-reviewed by academics. We use acknowledgments in biographical footnotes from law review articles to probe the nature of legal knowledge co-production and de facto peer review in the legal literature. Using a survey and a textual analysis of about thirty thousand law review articles from 2008 to 2017, we examined the nature of knowledge …

The Human Capital Management Movement In U.S. Corporate Law, George S. Georgiev

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Corporations cannot exist without workers, yet workers are not part of the formal or informal governance structures established by U.S. corporate law. Commentators and policymakers have bemoaned this state of affairs for decades, to little avail. Since the mid-2010s, however, a concept related to workers, human capital management (HCM), has become an increasingly prominent part of U.S. corporate governance. HCM is premised on the notion that workers can be viewed as "assets" and ought to be managed just as carefully as firms manage physical and capital assets. In practice, HCM is an expansive concept that has been used to refer …

Suicide Prevention And Mood Disorders: Self-Exclusion Agreements For Firearms As A Suicide Prevention Strategy, Melvin G. Mcinnis, Stephen B. Thompson, Sofia D. Merajver, Carl E. Schneider

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Suicide involves a complex set of behaviors and emotions that lead up to actions that may be based on planning and forethought or the result of impulse. While there are a host of antecedent circumstances the presence of a mood disorder, primarily depression, is the most common factor in suicide. While management of depression is recognized as important prevention strategy in depression, the means by which suicide occurs must be a critical element of prevention. Policies that lower access to the means for suicide will decrease the fatality. Guns are associated with half of suicides and the case fatality rate …

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

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Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction between …

Automaticity Of Lexical Access In Deaf And Hearing Bilinguals: Cross-Linguistic Evidence From The Color Stroop Task Across Five Languages, Rain G. Bosworth, Sarah C. Tyler, Eli M. Binder, Jill P. Morford

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The well-known Stroop interference effect has been instrumental in revealing the highly automated nature of lexical processing as well as providing new insights to the underlying lexical organization of first and second languages within proficient bilinguals. The present cross-linguistic study had two goals: 1) to examine Stroop interference for dynamic signs and printed words in deaf ASL-English bilinguals who report no reliance on speech or audiological aids; 2) to compare Stroop interference effects in several groups of bilinguals whose two languages range from very distinct to very similar in their shared orthographic patterns: ASL-English bilinguals (very distinct), Chinese-English bilinguals (low …

Symposium: Diamond Anniversary: 75 Years Of The Lanham Act, Jessica Litman

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Thank you so much for inviting me. I think this is my fifth or sixth event with the Arts and Entertainment Law Journal. It’s always lots of fun, and I learn a lot. I’ve been spending the last couple of months doing a deep dive into everything Edward Sidney Rogers with no real agenda. I’m exploring what’s there, to see if there are any interesting stories I might tell. I found a few, so this afternoon I’ll tell one of them. I want to start with the mundane observation that intellectual prop-erty and intellectual property law are global. We’ve seen …

Examining The Modelling Capabilities Of Defeasible Argumentation And Non-Monotonic Fuzzy Reasoning, Luca Longo, Lucas Rizzo, Pierpaolo Dondio

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Knowledge-representation and reasoning methods have been extensively researched within Artificial Intelligence. Among these, argumentation has emerged as an ideal paradigm for inference under uncertainty with conflicting knowledge. Its value has been predominantly demonstrated via analyses of the topological structure of graphs of arguments and its formal properties. However, limited research exists on the examination and comparison of its inferential capacity in real-world modelling tasks and against other knowledge-representation and non-monotonic reasoning methods. This study is focused on a novel comparison between defeasible argumentation and non-monotonic fuzzy reasoning when applied to the representation of the ill-defined construct of human mental workload …