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From Clause A To Clause Z: The Transactional Reader And Narrative Transportation, Karen J. Sneddon

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You know the phrase “lost in a good book.” The book’s story is so compelling that you are absorbed by the characters, setting, actions, and plot. The book pulls you into the narrative such that you must continue to read—even if that means staying up all night to finish the book. Because many associate that immersive experience with reading a novel, the phrase “lost in a good book” is most often connected to reading for pleasure. But the experience of being transported by the words of a narrative can occur when reading a variety of texts, including legal texts. That …

Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler

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No abstract provided.

Equal Protection And The Male Gaze: An Approach To New Hampshire V. Lilley, Nicholas Mignanelli

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This Article uses New Hampshire v. Lilley, a case recently decided by the New Hampshire Supreme Court, as a starting point for an equal protection analysis of indecent exposure laws that distinguish between women and men. After discussing contemporary equal protection jurisprudence and historicizing these laws, this Article uses the film theorist Laura Mulvey's concept of the "male gaze" to demonstrate how overbroad generalizations about sex and sexuality serve as the foundation for this legal distinction. This Article concludes by emphasizing that municipalities and states may continue to enact and enforce indecent exposure laws that reflect community standards, so …

Insight From Insiders: A Phenomenological Study For Exploring Food Tourism Policy In Ireland 2009-2019, Ketty Quigley, Margaret Connolly, Elaine Mahon, Máirtín Mac Con Iomaire

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This paper focuses on how the phenomenon of food tourism developed in Ireland between 2009 and 2019. Employing a phenomenological epistemology, a qualitative methodology was adopted to explore key stakeholder’s lived experience of the Irish government’s approach to food tourism, identifying the primary drivers and key moments during the ten-year period. Extant literature was reviewed and critically evaluated. Using purposive sampling, and employing an emic posture, ten semi-structured interviews were conducted with senior governmental and tourism industry figures until saturation occurred. The findings highlight the influence that key policy makers, the formation of networks, clusters, and the role social entrepreneurs …

Law School In A Different Voice: Legal Education As A Work Of Mercy, Pamela A. Wilkins

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What might it mean for a law school to share this Mercy charism? More broadly, what would it mean for a law school to share the spiritual DNA of a female order, seeing the world from historically female perspectives and motivated by historically female concerns? More broadly still, in this #metoo era, in which women make up the majority of American law students, should it simply be business as usual at religiously affiliated law schools, or should we seize the opportunity to consider seriously, and in the light of faith, women’s perspectives on legal education, law, and justice?

This article …

Happily Ever After: Fostering The Role Of The Transactional Lawyer As Storyteller, Karen J. Sneddon

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Transactional documents do more than allocate the risk of loss or select the governing law. Transactional documents, whether employment contracts or lease agreements, encapsulate the wishes, hopes, and fears of the transacting parties. The documents share a series of events, identify the key actors in those events, and anticipate particular outcomes or future events. In other words, the transactional documents are narratives. The transactional lawyer is thus more than a transactional intermediary. The transactional lawyer is the narrative agent or storyteller.

The “narrative” is often associated with the following words: story, tale, fiction, and entertainment. These associations may appear to …

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

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No abstract provided.

Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers

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The Mediation Act 2017 places mediation at the heart of the civil justice system in Ireland and protects some of the key principles of mediation. This article discusses neutrality, one of these principles. The article shows how neutrality is discussed by two sets of mediation stakeholders (clients and mediators). Using two data sets, the article demonstrates that both groups recognize the influence of neutrality on the mediation process. At the same time, the article shows that the manner in which both groups discuss neutrality is different.

Fifty Years Of The Strategic Trade-Offs Model: In Memory And Honor Of Wickham Skinner, Roberto Sarmiento, Garvan Whelan, Matthias Thürer, Francisco Arturo Bribiescas-Silva

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In 1969, Professor Wickham Skinner, whom many consider as “the father of manufacturing strategy,” published a seminal paper entitled “Manufacturing-Missing Link in Corporate Strategy.” Among the many interesting insights outlined in that article, Skinner is particularly careful to explain the importance of acknowledging the existence of specific trade-offs in the design of production systems. For example, he warns that a failure on the part of executives to recognize the limitations and compromises that are inherent to all technology and human based systems will inevitably result in a diminished ability of firms to compete successfully in the marketplace. Fifty years after …

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

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No abstract provided.

The Poverty Of Clinical Canonic Texts, Anthony V. Alfieri

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Trans Formations In The Vatican’S War On "Gender Ideology", Mary Anne Case

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This article will trace the Vatican's decades-long, worldwide, multifront war on what it has come to call "gender ideology" from its very recent incarnation in Donald Trump's United States back through its origins in the last century, highlighting the central role that concerns about transgender rights have always played for the two popes who have most directly shaped the contours of this war, Benedict XVI and Francis. Among the claims of the paper is that the conceptual apparatus behind the Vatican's anathematization of the complex of feminist, reproductive, and LGBT rights issues it has for a quarter century lumped together …

Personalizing Precommitment, Lee Anne Fennell

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No abstract provided.

Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat

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Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan

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“Tone At The Top” And The Communication Of Corporate Values: Lost In Translation?, Claire Hill

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Blackstonian Marriage, Gender, And Cohabitation, June Carbone

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Fractured Justice: An Experimental Study Of Pretrial Judicial Decision-Making, Prentiss Cox

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Owning Colors, Jon J. Lee

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The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Francis Shen

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Wicked Crypto, Alan Rozenshtein

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Women, Rule-Breaking, And The Triple Bind, June Carbone

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Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry

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Between Reparations And Repair: Assessing The Work Of The Icc Trust Fund For Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin, Anne Dutton

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What To Do About Chevron--Nothing, Nicholas Bednar

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For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any normative advantages that warrant its continued existence and prolific use? Despite thirty-five years to work out our differences, the academy — and the courts — remain torn on the answers to all of these questions.

Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg

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The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …

Assessment Of Two Behavioural Models (Hbm And Ranas) For Predicting Health Behaviours In Response To Environmental Threats: Surface Water Flooding As A Source Of Groundwater Contamination And Subsequent Waterborne Infection In The Republic Of Ireland, L. Andrade, K. O'Malley, Paul Hynds, E. O'Neill, J. O'Dwyer

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Extreme weather events (EWEs) are increasing in frequency, posing a greater risk of adverse human health effects. As such, developing sociological and psychological based interventions is paramount to empowering individuals and communities to actively protect their own health. Accordingly, this study compared the efficacy of two established social-cognitive models, namely the Health Beliefs Model (HBM) and Risks-Attitudes-Norms-Abilities-Self-regulation (RANAS) framework, in predicting health behaviours following EWEs. Surface water flooding was used as the exemplar EWE in the current study, due to the increasing incidence of these events in the Republic of Ireland over the past decade. Levels of prior experience with …

Guest Editorial Special Issue On Using Enquiry-And-Design-Based Learning To Spur Epistemological And Identity Development Of Engineering Students, Shannon Chance, Bill Williams, Tom Goldfinch, Robin S. Adams, Lorraine N. Fleming

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This Special Issue of the IEEE Transactions on Education focuses on using enquiry-based design projects to spur engineering students’ development, so as to increase understanding and application of the relevant theories, foster higher rates of student development and achieve this in healthy and productive ways.

Daylight: What Makes A Difference, M. Knoop, O. Stefani, B. Bueno, B. Matusiak, R. Hobday, A. Wirz-Justice, K. Martiny, T. Kantermann, M. Aarts, N. Zemmouri, S. Appelt, Brian Norton

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Light is necessary for vision; it enables us to sense and perceive our surroundings and in many direct and indirect ways, via eye and skin, affects our physiological and psychological health. The use of light in built environments has comfort, behavioural, economic and environmental consequences. Daylight has many particular benefits including excellent visual performance, permitting good eyesight, effective entrainment of the circadian system as well as a number of acute non-image forming effects and the important role of vitamin D production. Some human responses to daylight seem to be well defined whilst others require more research to be adequately understood. …

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

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No abstract provided.