Digital Commons Network^™

Government Speech And First Amendment Capture, Caroline Mala Corbin

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Alarm regarding government speech is not new. In earlier decades, scholars worried that the government's speech might monopolize a marketplace and drown out opposing viewpoints. But today, using a move I term "First Amendment capture," the government need not be the loudest speaker because it can become the only speaker. First Amendment capture has been made possible by the Supreme Court's developing government speech doctrine, which holds that government speech is not subject to the Free Speech Clause. Consequently, once speech is declared governmental, the government may censor viewpoints it does not like. First Amendment capture categorizing contested speech as …

Restorative Approaches To Intimate Partner Violence And Sexual Harm, Donna Coker (Ed.)

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No abstract provided.

Substance Use Disorder Discrimination And The Cares Act: Using Disability Law To Inform Part 2 Rulemaking, Kelly K. Dineen, Elizabeth Pendo

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Substance use disorder (SUD) is a chronic health condition—like people with other chronic health conditions, people with SUDs experience periods of remission and periods of exacerbation or recurrence. Unlike people with most other chronic conditions, people with SUDs may be more likely to garner law enforcement attention than medical attention during a recurrence. They are also chronically disadvantaged by pervasive social stigma, discrimination, and structural inequities. The COVID-19 pandemic has had devastating consequences for people with SUDs, who are at higher risk for both contracting the SARS-CoV-19 virus and experiencing poorer outcomes. Meanwhile, there are early indications that pandemic conditions …

Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott

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Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining—i.e., enforceable agreements in which a defendant promises to plead guilty in exchange for a prosecutor’s promise to seek leniency in charging or at sentencing. But a traditional plea agreement is just the most visible instance of a much broader class of possible criminal settlement agreements. In terms of their fundamentals, criminal settlements are indistinguishable from their civil counterparts: through either an atomized or comprehensive bargain, parties exchange what they have for what they want, advancing their respective interests in cost minimization, risk mitigation, …

Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai

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Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.

Management Development In Small And Medium Sized Firms In The Republic Of Ireland: An Investigation Of Contingency Factors And Management Development Activities, Deirdre Mcquillan, Thomas Garavan, Wael Rashwan, Lorraine Sweeney, Ciara Nolan, Osa Godwin Osaghae

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Purpose The development of managerial skills is an important priority for small and medium sized firm globally yet we have few insights about the predictors and types of management development (MD) activities in SMEs. To date studies of MD have not sufficiently differentiated between small and medium sized firms. In this paper we investigate the impact of three sets of predictors (contextual, technology and innovation activities, behavioural and skill) on six dimensions of MD (formal internal development, formal internal with an external expert, formal external development, one-to-one MD activities, budget for MD and experiential focused MD).

Design/methodology/approach Survey of 360 …

'It All Depends … ' A Real Life Learning Model Informing Childminding Pedagogy In Ireland, Miriam O'Regan, Ann Marie Halpenny, Noirin Hayes

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This doctoral research addressed the dearth of research focussed on childminding in Ireland, despite its significant role in national childcare provision. One overarching aim was to explore childminders’ pedagogy. The research was conducted within the theoretical framework of Ecocultural Theory (ECT) against the backdrop of Irish Early Childhood Education and Care (ECEC) policy on the eve of mandatory regulation of childminding. A mixed method approach was adopted, using the Ecocultural Family Interview for Childminders (EFICh) , including participants’ photographs, a case study survey, researcher field notes and holistic ratings. (Tonyan, Holli A. 2017. “Opportunities to Practice What Is Locally Valued: …

Promoting Corporate Irresponsibility? Delaware As The Intellectual Property Holding State, Xuan-Thao Nguyen

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This article is about Delaware corporate irresponsibility. Delaware has stealthily become the center of all things intellectual property. As the leader of onshore tax havens since the early 1980s, Delaware attracts multistate corporations to engage in aggressive tax avoidance schemes. Specifically, Delaware has legislatively and methodically attracted the creation of Intellectual Property Holding Companies (IPHCs), enabling companies to avoid paying their share of taxes to sister states on the income generated from the use of Intellectual Property assets. This article traces the rise of Delaware as the intellectual property state and concludes that the benefits Delaware enjoys promote corporate irresponsibility …

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron

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The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions. In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

Awakening The American Jury: Did The Killing Of George Floyd Alter Juror Deliberations Forever?, Tamara F. Lawson

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In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the knowledge of a lived experience with police different from their own. The gruesome realities of the video were irreconcilable with those prior beliefs and did not comport with any moral or legal standards of dignity. Prior to witnessing George Floyd's death on video at the hands …

Cr Cybermar As A Solution Path Towards Cybersecurity Soundness In Maritime Logistics Domain, Monica Canepa, Fabio Ballini, Dimitrios Dalaklis, Seyedvahid Vakili, Luis Miguel Colmenares Hernandez

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Cybersecurity is now considered as one of the main challenges for the maritime sector. At the same time, the maritime transport industry remains one of the most relevant and driving sectors for the global economy in terms of both the number and operations of active companies, and infrastructure and investments, thanks to the policies pushed to attract the latter. Maritime information systems, whether on board ships or in ports, are numerous, built with standard components available on the market and in many cases designed without factoring in well the ever-growing cyber risk. Digital infrastructure has become essential in operating and …

How To Promote Exclusive Breastfeeding In Ireland: A Qualitative Study On Views Of Chinese Immigrant Mothers, Haoyue Chen, Qianling Zhou, Tanya M. Cassidy, Katherine Younger, Siao Shen, John M. Kearney

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Background The exclusive breastfeeding rate in Ireland is very low with extremely slow annual growth.The population of immigrants in Ireland is increasing. Improving exclusive breastfeeding practice amongimmigrants may contribute to the overall improvement of exclusive breastfeeding rates in Ireland. Thisstudy was conducted to elicit recommendations on improving exclusive breastfeeding rate for six monthsamong Chinese immigrants in Ireland. Methods Fourteen semi-structured in-depth individual interviewswere conducted with Chinese immigrant mothers resident in Ireland, who breastfed exclusively for four to six months.

Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

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Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …

Protecting Patients From Physicians Who Inflict Harm: New Legal Resources For State Medical Boards, Elizabeth Pendo, Tristan Mcintosh, Heidi A. Walsh, Kari Baldwin, James M. Dubois

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State medical boards (SMBs) protect the public by ensuring that physicians uphold appropriate standards of care and ethical practice. Despite this clear purpose, egregious types of wrongdoing by physicians are alarmingly frequent, harmful, and under-reported. Even when egregious wrongdoing is reported to SMBs, it is unclear why SMBs sometimes fail to promptly remove seriously offending physicians from practice. Legal and policy tools that are targeted, well-informed, and actionable are urgently needed to help SMBs more effectively protect patients from egregious wrongdoing by physicians.

Past reviews of SMB performance have identified features of SMBs associated with higher rates of severe disciplinary …

Thoughts On The Future Of Higher Education In The Uk: A Personal View With A Historical Context, Jonathan Blackledge

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Before the effect of the COVID-19 Pandemic, there had been continued debate about the future of Higher Education (HE) in the UK. It is now accepted that the effect of the pandemic will have a long-lasting effect on HE in the UK and elsewhere. This paper addresses the changes that are currently taking place, based on a strategy that aims to develop a future knowledge-based economy, following the UK governments 2019 landmark review of HE. It explores the underlying parallels between the current situation and certain historical events that catalysed the development of a new approach to HE in the …

Examination Of Driver Visual And Cognitive Responses To Billboard Elicited Passive Distraction Using Eye-Fixation Related Potential, Yongxiang Wang, William Clifford, Charles Markham, Catherine Deegan

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Distractions external to a vehicle contribute to visual attention diversion that may cause traffic accidents. As a low-cost and efficient advertising solution, billboards are widely installed on side of the road, especially the motorway. However, the effect of billboards on driver distraction, eye gaze, and cognition has not been fully investigated. This study utilises a customised driving simulator and synchronised electroencephalography (EEG) and eye tracking system to investigate the cognitive processes relating to the processing of driver visual information. A distinction is made between eye gaze fixations relating to stimuli that assist driving and others that may be a source …

Developing A Framework For Professional Practice In Applied Performance Analysis, Denise Martin, Peter G. O'Donohoghue, Jonathan Bradley, Denise Mcgrath

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Applied performance analysts are increasingly seen as sports science professionals; however, there is no accepted framework for professional practice. The purpose of this study is to develop and validate a framework for professional practice in applied performance analysis (PA) which identifies the components of practice and the expertise underpinning it.

A six-step framework analysis was conducted: (1) An initial conceptual framework was devised based on well-accepted components of applied practice; (2) A systematic review identified 90 papers relating to applied PA practice; (3) Papers were coded to the initial framework and additional themes recorded; (4) Themes were analysed and synthesised …

Psychological Impairment And Extreme Weather Event (Ewe) Exposure, 1980–2020: A Global Pooled Analysis Integrating Mental Health And Well-Being Metrics, C. Chique, P. Hynds, M.M. Nyhan, S. Lambert, Martin Boudou, J. O'Dwyer

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Extreme Weather Events (EWEs) impose a substantial health and socio-economic burden on exposed populations. Projected impacts on public health, based on increasing EWE frequencies since the 1950s, alongside evidence of human-mediated climatic change represents a growing concern. To date, the impacts of EWEs on mental health remain ambiguous, largely due to the inherent complexities in linking extreme weather phenomena with psychological status. This exploratory investigation provides a new empirical and global perspective on the psychological toll of EWEs by exclusively focusing on psychological morbidity among individuals exposed to such events. Morbidity data collated from a range of existing psychological and …

Digital Health’S Impact On Integrated Care, Carer Empowerment And Patient-Centeredness For Persons Living With Dementia, Nicole Gross, Vivienne Byers, Susi Geiger

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E-health or digital health technologies endeavour to connect key stakeholders and thereby lay the foundation for better integrated as well as potentially more patient-centered care. However, despite the promise of empowerment, efficiency and value, digital health has yet to become part of the daily lives of the people who care for persons living with dementia

Drug Education Best Practice For Health, Community And Youth Workers: A Practical And Accessible Tool-Kit, Clay Darcy

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Objectives Drug education is delivered by a broad spectrum of multi-disciplinary practitioners within the fields of health promotion, drug prevention and treatment, social care, and community and youth work. However, drug education is often misunderstood or conflated with drug information and/or drug prevention. This ambiguity of understanding is problematic and, when coupled with drug education being delivered by practitioners who may not have formal training in drug education, can result in poor delivery, poor participant engagement and poor outcomes. This paper provides conceptual clarity for practitioners on drug education, differentiating it from other approaches to drug issues. Methods The paper …

The Nature Of Verbs In Sign Languages: A Role And Reference Grammar Account Of Irish Sign Language Verbs, Irene Murtagh

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This paper is concerned with the special nature of sign language verbs, in particular to this research, Irish Sign Language verbs. We use Role and Reference Grammar to provide a definition of the structure of lexical entries that are sufficiently rich and robust in nature to represent Irish Sign Language verbs. Role and Reference Grammar takes language to be a system of communicative social action, and accordingly, analysing the communicative functions of grammatical structures plays a vital role in grammatical description and theory from this perspective. This work is part of research on the development of a linguistically motivated computational …

An Exploratory Study Of Food Traditions Associated With Imbolg (St. Brigid’S Day) From The Irish Schools’ Folklore Collection, Caitriona Niphilibin, Máirtín Mac Con Iomaire

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This study explores the food traditions of Imbolg or St. Brigid’s Day (1st February), one of the quarter days of the Irish calendar year, which heralds the awakening of spring. Imbolg is comparable to Christmas eve, in that celebratory potato dishes such as colcannon or ‘poundies’ and boxty are consumed. Throughout the Schools’ Collection (6,000 copybooks filled with folklore collected by over 50,000 children), a rich food history where customs, superstitions, divinations and a mixing of the pagan and Christian traditions is evident. Four main themes: ‘Dishes’, ‘Brigid’s Crosses’, ‘Biddy Boys and Brídeogs’ and ‘Brigid, miracles and religion’ were identified, …

A Kitchen At The Heart Of A School–An Investigation Into School Meals In The Republic Of Ireland, Michelle Darmody

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Free school meals provide support to vulnerable families in the Republic of Ireland. Funding is allocated as part of an anti-poverty strategy. An investigation was carried out to discover if the school meal could be used to provide nutritious scratch-cooked food as well as providing opportunities for increased socialisation and pedagogy. Food affects students in a myriad of ways and schools are in a unique position to guide what and how young people eat. This article draws on data from an ethnographic study in an inner city Dublin school.

Doctors Can’T Be Doctors All Of The Time: A Qualitative Study Of How General Practitioners And Medical Students Negotiate Public-Professional And Private-Personal Realms Using Social Media, Megan Marshall, Vikram Niranjan, Eimear Spain, Joe Macdonagh, Jane O'Doherty, Raymond O'Connor, Andrew O'Regan

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The objective of this study is to explore the experiences and perspectives of general practitioners’ and medical students’ use of, and behaviour on, social media and to understand how they negotiate threats to professional and personal life on social media.

A New Epoch For Community Renewable Energy Co-Operatives In Ireland? An Exploration Of The Factors Influencing Their Development, Gerard Doyle

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The paper outlines the capacities required for community groups to successfully establish and maintain renewable energy co-operatives in Ireland. The paper finds that community groups that successfully establish renewable energy co-operatives must possess high levels of resilience, have access to technical expertise, and have appropriate finance. It also highlights how it is crucial that at least one member of each renewable energy co-operative engages with state agencies and the community. Pringle’s (2015) theoretical framework applied in this paper focuses on the capacities required for the successful implementation of community renewable energy projects (which include community renewable energy co-operatives) in rural …

You Can't Lose A Game If You Don't Play The Game: Exploring The Ethics Of Gamification In Education, Dympna O'Sullivan, Ioannis Stavrakakis, Damian Gordon, Andrea Curley, Brendan Tierney, Emma Murphy, Michael Collins, Anna Becevel

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Gamification has been hailed as a meaningful solution to the perennial challenge of sustaining student attention in class. It uses facets of gameplay in an educational context, including things such as points, leaderboards and badges. These are clearly efforts to make the student experience more entertaining and engaging, but nonetheless, they are also clearly digital nudges and attempts to change the students’ behaviours and attitudes to a specific set of concepts, and in which case they must, and should, be subject to the same ethical scrutiny as any other form of persuasion technique, as they may be unintentionally eroding the …

From Overt Threat To Invisible Presence: Discursive Shifts In Representations Of Gender In Menstrual Product Advertising, Valerie Gannon, Olivia Freeman, Rachel Campbell

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The menstrual product brand ‘Always’ and its #LikeAGirl campaign has made headlines for being at the forefront of a menstrual liberation, championing female empowerment and gender equality. This paper utilises a visual discourse analysis approach (Rose, 2016) to explore the discursive shifts in ‘Always’ advertisements over the past four decades. Specifically, the question as to how the construction of menstruation has changed over time in the advertising discourse of the ‘Always’ brand is addressed. Three dominant discourses of menstruation are identified: overt threat, uncontrollable and invisible. These discourses function as strong claims to truth as they reach the everyday life …

The Challenge Of Sustainable Consumption For Governance And Policy Development—A Systematic Review, Vivienne Byers, Alan Gilmer

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The modern industry discourse on sustainability is the idea of ‘green growth’, which is described as the paradox of the continuation of increased economic growth, at the same time as increasing sustainability. Policy makers face the challenge of how to encourage and sustain appropriate levels of individual behavioural change to manage consumption in a changing environment. In addressing this challenge, this study seeks to move beyond discrete elements of human consumption behaviour and develop a better understand of the wider inputs including culture, societal norms, institutions and governance. The research methodology adopted uses a systematic literature review approach coupled with …

Responding To Stigmatization: How To Resist And Overcome The Stigma Of Unemployment, Paul Donnelly, Lucia Garcia-Lorenzo, Lucia Sell-Trujillo

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Organization research on stigma has mostly focused on the stigmatized, limiting the scope for exploring what is possible and lacking recognition of the structural conditions and unequal power relations that create and sustain stigma. Consequently, it overlooks how actors can organize to resist and potentially overcome stigmatization altogether. Addressing this question empirically, we studied the long-term unemployed in Spain using a longitudinal qualitative research design. We develop a typology of responses to stigmatization – getting stuck, getting by, getting out, getting back at and getting organized – that advances our understanding of stigma in several ways. First, our typology captures …

Parents' Experiences Of A Language-Focused Home Visiting Scheme In Ireland, Aisling Ni Dhiorbhain Dr, Maire Mhic Mhathuna, Padraig Ó Duibhir Dr

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This article reports parents’ experiences of the Tús Maith (Good Start) home visiting scheme in South-West Ireland. The goal of Tús Maith is to support parents who wish to speak Irish to their children at home in the Kerry Gaeltacht, an Irish-speaking heartland area. Home visitors spend an hour a week, over a period of six weeks, interacting with children and parents with varying levels of competency in Irish. Home visitors who are native speakers of Irish, offer individualised guidance on how to promote the use of Irish as a home language, while encouraging families to engage in activities …