Digital Commons Network^™

The Elusive Object Of Punishment, Gabriel S. Mendlow

Articles

All observers of our legal system recognize that criminal statutes can be complex and obscure. But statutory obscurity often takes a particular form that most observers have overlooked: uncertainty about the identity of the wrong a statute aims to punish. It is not uncommon for parties to disagree about the identity of the underlying wrong even as they agree on the statute’s elements. Hidden in plain sight, these unexamined disagreements underlie or exacerbate an assortment of familiar disputes—about venue, vagueness, and mens rea; about DUI and statutory rape; about hate crimes, child pornography, and counterterrorism laws; about proportionality in punishment; …

Misunderstanding Judy Norman: Theory As Cause And Consequence, Martha R. Mahoney

Articles

Judy Norman shot her abusive husband during a late afternoon nap while he rested before violently trafficking her that night. The sharp contrast between the extreme violence and danger Judy faced and the denial of a self-defense instruction triggered extensive academic debates about justification and the use of deadly force. Norman became one of the most famous cases involving battered women, appearing in many casebooks and hundreds of law review articles. Despite all this work, the facts of the case contradict much of what scholars have said about Norman. Misconceptions about expert evidence, "Battered Woman Syndrome, "and battered women drive …

Can Refactoring Be Self-Affirmed? An Exploratory Study On How Developers Document Their Refactoring Activities In Commit Messages, Eman Abdullah Alomar, Mohamed Wiem Mkaouer, Ali Ouni

Articles

Refactoring is a critical task in software maintenance and is usually performed to enforce best design practices, or to cope with design defects. Previous studies heavily rely on defining a set of keywords to identify refactoring commits from a list of general commits extracted from a small set of software
systems. All approaches thus far consider all commits without checking whether refactorings had actually happened or not. In this paper, we aim at exploring how developers document their refactoring activities during the software life cycle. We call such activity Self-Affirmed Refactoring, which is an indication of
the developer-related refactoring events …

Mindfulness, Mental Health, And Wellness, Scott L. Rogers

Articles

No abstract provided.

The Science Of Mindfulness And The Practice Of Law, Scott L. Rogers, Amishi P. Jha

Articles

No abstract provided.

Whistleblowing In The Irish Military: The Cost Of Exposing Bullying And Sexual Harassment, John Hogan, Sharon Feeney, Grace Flynn

Articles

Whistleblowing has gained increasing media attention over the past 40 years, as incidents of abuse and wrongdoing associated with businesses, religious institutions, the media and politics have come to light. In this article, we investigate the consequences of a military whistleblower’s actions for both himself and the military institution that he was a part of. The case concerns former army officer Dr. Tom Clonan and his findings concerning the bullying and sexual harassment of female personnel in the Irish Defence Forces at the turn of the century. As these revelations came to light over 17 years ago we are able …

Interactions Between Diet, Physical Activity, And The Sociocultural Environment For Older Adult Health In The Urban Subarctic., Britteny M. Howell

Articles

No abstract provided.

Reputation As A Disciplinarian Of International Organizations, Kristina Daugirdas

Articles

As a disciplinarian of international organizations, reputation has serious shortcomings. Even though international organizations have strong incentives to maintain a good reputation, reputational concerns will sometimes fail to spur preventive or corrective action. Organizations have multiple audiences, so efforts to preserve a “good” reputation may pull organizations in many different directions, and steps taken to preserve a good reputation will not always be salutary. Recent incidents of sexual violence by UN peacekeepers in the Central African Republic illustrate these points.

Deploying Mindfulness To Gain Cognitive Advantage: Considerations For Military Effectiveness And Well-Being, Amishi P. Jha, Scott L. Rogers, Eric Schoomaker, Edward Cardon

Articles

Mindfulness involves paying attention to present moment experience without discursive commentary or emotional reactivity. Mindfulness training (MT) programs aim to promote this mental mode via introduction to specific mindfulness exercises, related in-class discussion, and ongoing engagement in mindfulness exercises. MT is being increasingly offered to high-demand, high-stress military/uniformed and civilian cohorts with a wide array of reported benefits. Herein, we begin by discussing recent theoretical models regarding MT’s mechanisms of action from a cognitive training/cognitive neuroscience perspective, which propose that MT engages and strengthens three key processes [e.g., 1]. These are: 1) attentional orienting, which is the ability to select …

Barriers To The Advancement Of Women Of Color Faculty In Stem: The Need For Promoting Equity Using An Intersectional Framework, Maya Corneille, Anna Lee, Sherrice Allen, Jessica Cannady, Alexia Guess

Articles

Purpose–The purpose of this paper is to highlight critical issues facing women of color (WOC) faculty and to synthesize the research literature in order to offer recommendations for action to address inequities using an intersectionality framework.

Design/methodology/approach–The authors conducted a qualitative meta-analysis. Relevant articles were obtained through a search of the EBSCO and Google Scholar databases entering in combinations of specific keywords. In order to be included in this review, the manuscripts had to be published between the years 2001 and 2017; in a peer-reviewed journal; and available through the university library system.

Findings–The majority of manuscripts …

Assessing The Empirical Upside Of Personalized Criminal Procedure, Matthew B. Kugler, Lior Strahilevitz

Articles

No abstract provided.

Contracting On Litigation, Kathryn E. Spier, J.J. Prescott

Articles

Two risk-averse litigants with different subjective beliefs negotiate in the shadow of a pending trial. Through contingent contracts, the litigants can mitigate risk and/or speculate on the trial outcome. Contingent contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the services provided by third-party investors, including litigation funders and insurance companies. The litigants (weakly) prefer to contract with risk-neutral third parties when the capital market is transaction-cost free. However, contracting with third parties further decreases the settlement rate, increases the costs of litigation, and may increase the aggregate cost of risk bearing.

An Examination Of Students' Perceptions Of The Kekulé Resonance Representation Using A Perceptual Learning Theory Lens, Thomas Kim, Leslie Kate Wright, Kathryn Miller

Articles

Students in chemistry often demonstrate difficulty with the principle of resonance. Despite many attempts to mitigate this difficulty, there have been few attempts to examine the root cause of these issues. In this study, students were assessed for their perception of Kekulé structures based on perceptual learning theory, which is grounded in cognitive mechanisms of visual perception. The data from this assessment shows that students are perceiving inappropriate clues from this representation, which infers that the image itself might be an impediment to learning about resonance. Employment of a metarepresentational competence approach was used to address these misperceptions.

The Americans With Disabilities Act: Legal And Practical Applications In Child Protection Proceedings, Joshua B. Kay

Articles

Parents with disabilities, particularly those with intellectual disability and/or mental illness, are disproportionately represented in the child protection system.1 Once involved in the system, they are far more likely than parents without disabilities to have their children removed and their parental rights terminated. The reasons for this are many. Parents with disabilities are relatively likely to experience other challenges that are themselves risk factors for child protection involvement. In addition, child protection agencies, attorneys, courts, and related professionals often lack knowledge and harbor biases about parents with disabilities, increasing the likelihood of more intrusive involvement in the family. Yet research …

Residents As Destination Advocates: The Role Of Attraction Familiarity On Destination Image, Muhammet Kesgin, Rajendran S. Murthy, Linden Pohland

Articles

Purpose – Emphasizing the role of residents as destination advocates, this study investigates the influence of residents’ familiarity with, and, favorability of attractions on destination image. Design/methodology/approach – A mixed methods research strategy was employed using fifteen individual in-depth interviews and a survey questionnaire with a sample of N=364. The study utilizes an attraction familiarity index to classify respondents into four groups based on high, average, and low familiarity and examines the characteristics of each in the relationship between informational familiarity, experiential familiarity, and favorability and destination image. Findings – The study reveals resident perceptions of attractions within the tourism …

School Of Culinary Arts & Food Technology, Technological University Dublin Newsletter: Spring, 2019 -Spring Newsletter 2019, James Murphy

Articles

The School of Culinary Arts and Food Technology, TU Dublin, Spring Newsletter captured the many events, research, awards, significant contributions and special civic and community activities which the students and staff members of the school have successfully completed up to the Spring period of 2019. The successful completion of these activities would not be possible without the active and on-going support of the 'INSPIRED' friends of Culinary Arts (school supporters) and our school's industry association supporters.

Racial Equity In Algorithmic Criminal Justice, Aziz Huq

Articles

No abstract provided.

A Framework For The New Personalization Of Law, Anthony Casey, Anthony Niblett

Articles

No abstract provided.

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Using Cognitive Mapping To Longitudinally Examine Political Brand Associations, Ewan Macdonald, Roger Sherlock, John Hogan

Articles

This paper uses cognitive mapping techniques to understand how brand associations, an important aspect of political brand equity are formed, differ, and change, from the perspective of citizens, across the four largest Irish political parties between 2013 and 2016. The paper focuses in particular upon the strength, favourability and uniqueness of these brand associations. The results constitute a first attempt to longitudinally explore changing political brand associations through cognitive mapping techniques, using data generated with the participation of hundreds of citizens. Our findings suggest that this approach can contribute to our understanding of how and why political brand associations change …

Reckless Juveniles, Kimberly Thomas

Articles

Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …

Use Of Novel Anthropomorphic Breast Ultrasound Phantoms For Radiology Resident Education, Jacinta Browne, Chris Gu, Robert Fazzio, Andrew J. Fagan, Donald Tradup, Nicholas Hangiandreou

Articles

Purpose: This study evaluated the training and assessment role of anthropomorphic breast ultrasound phantoms which simulated both the morphological and sonographic characteristics of breast tissue, including lesions, in a group of radiology residents at a large academic medical center. Methods: This was a prospective study involving 9 residents across all years (2^nd–4^th year) of a radiology residency program. Baseline assessments of all residents ability to detect and characterize lesions in P-I were carried out, followed by a two-hour teaching session on the same phantom. All residents underwent a post-training, final assessment on P-II to evaluate changes in …

18 U.S.C. § 3553(A)'S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In"“The Most Effective Manner", Erica Zunkel

Articles

No abstract provided.

The Impact Of Social Inclusion On The Social Development Of Students With A General Learning Difficulty In Postprimary Education In Ireland, Barry Ryan, Niall King

Articles

Over the past decade, there has been a societal push for social inclusion in Ireland for students with special educational needs (SEN). As a result, the number of dedicated special needs schools has dramatically decreased across the country as students with SEN enrol, instead, in mainstream schools. Dedicated SEN schools provided an environment in which students with a general learning difficulty (GLD) could develop at a pace suited to them. However, this developmental pace is different for GLD students in a mainstream school. This research explores the social development of students with a GLD in a mainstream school in postprimary …

Systems In Play: Simon Nicholson's Design 12 Course, University Of California, Berkeley, 1966, Tim Stott

Articles

In 1966, British artist, designer and educator Simon Nicholson (1934–1990) offered a lower division course, Design 12, at the College of Environmental Design, UC Berkeley. Controversially, Nicholson promoted play as the principal method of design and invited children to assess students’ projects on the Berkeley campus and in local schools, parks, playgrounds and hospitals. This article presents Design 12 as an important example of environmental design pedagogy in the USA, which uniquely attempted to synthesize British post-war constructivism with ‘design science’ and adventure play. The result was a course that placed play at the centre of design pedagogy, where it …

How To Address Tobacco Use In Minnesota's Mental Health And Substance Use Disorder Services: Tips From The Field, Meghan Bown, Jamie Andycha, Sophie Burnevik, Ruth Tripp, American Lung Association, Blue Cross Blue Shield, Leadership Academy Collaborative

Articles

The American Lung Association, Upper Midwest Region, developed and facilitates the Leadership Academy Collaborative, bringing together various health care stakeholders in Minnesota to collaborate on a shared vision to reduce commercial tobacco use among people living with mental illness and/or substance use disorders. The following areas were identified as strategies that would benefit from further collective action: social norms, delivery, policy

Social Care Graduates’ Judgements Of Their Readiness And Preparedness For Practice, Fiona Mcsweeney, David Williams

Articles

While research has been conducted on social work graduates’ views of their readiness and preparedness for practice, the views of social care workers have not been specifically researched. This paper reports on the views of social care graduates in Ireland of how ready they are to join the workforce and how their educational programme has prepared them. Two semi-structured interviews were conducted with the same participants. The first was at the end of their final year in college and the second between 9 and 12 months later when they were in employment. Findings indicate that participants, while apprehensive, felt ready …

A New Era For Reuse Social Enterprises In Ireland? The Capacities Required For Achieving Sustainability, Gerard Doyle

Articles

The conventional linear relationship between production and consumption is no longer sustainable. A key component of the transition towards a more sustainable society is the continuation in use of products for longer and the development of a repair and reuse culture. Reuse social enterprises contribute to addressing a range of environmental, economic and social issues facing urban areas. This paper is concerned with, firstly, the motivations for citizens to establish reuse social enterprises in Ireland. Secondly, the paper examines the factors that contribute to reuse social enterprises in Ireland becoming sustainable.

The research points to the necessity of reuse social …

'Elle T'Aime Trop, Et Moi, Pas Assez': Jacques Feyder's Melodramatic Mise En Scène Of Female Desire In Pension Mimosas (1935), Barry Nevin

Articles

Extract

Melodrama ‘à la française’: Feyder and French cinema of the 1930s

By the end of 1934, Jacques Feyder had led a distinguished career in French silent cinema, had directed a critically acclaimed adaptation of Émile Zola’s Thérèse Raquin (1928) in Berlin, had returned from a three-year contract in Hollywood, had brought Le Grand Jeu to the screen (the greatest box-office success of the 1933–34 season), and appeared to be virtually unstoppable as he proceeded to direct his next film, Pension Mimosas. The film was described by one critic as ‘sans aucun doute l’une des œuvres les plus attendues …

The Myers-Briggs Type Indicator (Mbti): Should Musicians Care About It?, Arun Rao

Articles

No abstract provided.