Digital Commons Network^™

The Pope And The Capital Juror, Aliza Plener Cover

Articles

In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.

Criminal Justice, Inc., John Rappaport

Articles

No abstract provided.

On The Exactitude Of Big Data: La Bêtise And Artificial Intelligence, Noel Fitzpatrick, John D. Kelleher

Articles

This article revisits the question of ‘la bêtise’ or stupidity in the era of Artificial Intelligence driven by Big Data, it extends on the questions posed by Gille Deleuze and more recently by Bernard Stiegler. However, the framework for revisiting the question of la bêtise will be through the lens of contemporary computer science, in particular the development of data science as a mode of analysis, sometimes, misinterpreted as a mode of intelligence. In particular, this article will argue that with the advent of forms of hype (sometimes referred to as the hype cycle) in relation to big data and …

Food Safety Knowledge And Practices Among Saudi Mothers, Wafa O. Ayaz, Anushree Priyadarshini, Amit Jaiswal

Articles

This study examines food safety knowledge and practices of mothers in Saudi Arabia. A total of 979 respondents participated in the study and completed a questionnaire that accessed their knowledge of food storage, food handling, usage and maintenance of kitchen facilities, personal hygiene and food poisoning. Results showed that mothers in Saudi Arabia had moderate knowledge of food storage (passing rate 64.9%) and usage and maintenance of kitchen facilities (passing rate 66.5%). While they had good knowledge of personal hygiene (passing rate 83.8%) and food poisoning (passing rate 78.5%), their knowledge with regard to food handling was poor (passing rate …

Which Came First? (Back To The Basics), Melodie Joy Kolmetz

Articles

The author presents a review of a case of an elderly female with abdominal pain, constipation, and anxiety with reflection on the underlying cause of anxiety and how anxiety influenced the patient's path to diagnosis.

The Restoration Remedy In Private Law, Omri Ben-Shahar, Ariel Porat

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No abstract provided.

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

Physical Models Can Provide Superior Learning Opportunities Beyond The Benefits Of Active Engagements, Dina L. Newman, Megan Stefkovich, Catherine Clasen, Margaret A. Franzen, Leslie Kate Wright

Articles

The essence of molecular biology education lies in understanding of gene expression, with subtopics including the central dogma processes, such as transcription and translation. While these concepts are core to the discipline, they are also notoriously difficult for students to learn, probably because they cannot be directly observed. While nearly all active learning strategies have been shown to improve learning compared with passive lectures, little has been done to compare different types of active learning. We hypothesized that physical models of central dogma processes would be especially helpful for learning, because they provide a resource that students can see, touch, …

Intelligent Design, Christopher Buccafusco, Mark Lemley, Jonathan Masur

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No abstract provided.

When Law Calls, Does Science Answer? A Survey Of Distinguished Scientists & Engineers, Shari Seidman Diamond, Richard O. Lempert

Articles

Sound legal decision-making frequently requires the assistance of scientists and engineers. The survey we conducted with the cooperation of the American Academy examines the views of the legal system held by some of the nation’s most distinguished scientists and engineers, what motivates them to participate or to refuse to assist in lawsuits when asked, and their assessment of their experiences when they do participate. The survey reveals that a majority of the responding scientists and engineers will agree to participate when asked, and when they turn down requests, the most common reasons are lack of time and absence of relevant …

Divine Justice And The Library Of Babel: Or, Was Al Capone Really Punished For Tax Evasion?, Gabriel Mendlow

Articles

A criminal defendant enjoys an array of legal rights. These include the right not to be punished for an offense unless charged, tried, and proved guilty beyond a reasonable doubt; the right not to be punished disproportionately; and the right not to be punished for the same offense more than once. I contend that the design of our criminal legal system imperils these rights in ways few observers appreciate. Because criminal codes describe misconduct imprecisely and prohibit more misconduct than any legislature actually aspires to punish, prosecutors decide which violations of the code merit punishment, and judges decide how much …

Introduction, Shari S. Diamond, Richard O. Lempert

Articles

Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …

Ideating Mobile Health Behavioral Support For Compliance To Therapy For Patients With Chronic Disease: A Case Study Of Atrial Fibrillation Management, Mor Peleg, Wojtek Michalowski, Szymon Wilk, Enea Parimbelli, Silvia Bonaccio, Dympna O'Sullivan, Martin Michalowski, Silvana Quaglini, Marc Carrier

Articles

Poor patient compliance to therapy results in a worsening condition that often increases healthcare costs. In the MobiGuide project, we developed an evidence-based clinical decision-support system that delivered personalized reminders and recommendations to patients, helping to achieve higher therapy compliance. Yet compliance could still be improved and therefore building on the MobiGuide project experience, we designed a new component called the Motivational Patient Assistant (MPA) that is integrated within the MobiGuide architecture to further improve compliance. This component draws from psychological theories to provide behavioral support to improve patient engagement and thereby increasing patients' compliance. Behavior modification interventions are delivered …

Evaluating The Effectiveness Of A Focused Debate On The Development Of Ethical Reasoning Skills In Pharmacy Technician Students., Seana Hogan, Julie Dunne

Articles

Objective. To evaluate the effectiveness of debating an ethical dilemma on the development of ethical reasoning skills in pharmacy technician students.

Methods. A mixture of qualitative and quantitative methods was used. This included analysis of before and after 5-minute papers, a sentiment survey, thematic analysis of student reflective writing and a qualitative questionnaire by an independent observer.

Results. Twenty-five students participated in the study. The 5-minute papers showed improvement in student learning. In the sentiment survey, 83% of students agreed or strongly agreed that they had a better understanding of ethical dilemmas following the debate. The main theme identified from …

Alcohol, Self-Regulation, And Partner Physical Aggression: Actor-Partner Effects Over A Three Year Time Frame, Brian M. Quigley, Ash Levitt, Jaye L. Derrick, Maria Testa, Rebecca J. Houston, Kenneth E. Leonard

Articles

The question of how individual differences related to self-regulation interact with alcohol use patterns to predict intimate partner aggression (IPA) is examined. We hypothesized that excessive drinking will be related to partner aggression among those who have low self-regulation. In addition, we explored the extent to which differences in self-regulation in one partner may moderate the relationship between alcohol use and partner aggression. A sample of married or cohabitating community couples (N = 280) ages 18–45 was recruited according to their classification into four drinking groups: heavy drinking in both partners (n = 79), husband only (n = 80), wife …

Teaching And Learning Competencies Valued By Engineering Educators: A Pilot Study, Cormac H. Macmahon, Brian Bowe, Orla Mcconnell, Fiona Cranley

Articles

At the onset of this paper, it is important to provide context by highlighting two backdrop narratives, which have prompted and guided this research project:-(i) Since 2015, The National Forum for the Enhancement of Teaching & Learning in Ireland has undergone an extensive consultation process on professional development, resulting in a guiding document entitled the National Professional Development Framework (NPDF) for Staff Who Teach in Higher Education [1].(ii) The Technological University Alliance for Dublin has placed Dublin Institute of Technology (DIT), Institute of Technology Blanchardstown (ITB) and Institute of Technology Tallaght (ITT) on a merger trajectory towards technological university designation …

Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott

Articles

More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …

Outcome Prediction In The Practice Of Law, Mark K. Osbeck, Michael Gilliland

Articles

Business forecasters typically use time-series models to predict future demands, the forecasts informing management decision making and guiding organizational planning. But this type of forecasting is merely a subset of the broader field of predictive analytics, models used by data scientists in all manner of applications, including credit approvals, fraud detection, product-purchase and music-listening recommendations, and even the real-time decisions made by self-driving vehicles. The practice of law requires decisions that must be based on predictions of future legal outcomes, and data scientists are now developing forecasting methods to support the process. In this article, Mark Osbeck and Mike Gilliland …

Gender In The Context Of Same-Sex Divorce And Relationship Dissolution, Suzanne A. Kim, Edward D. Stein

Articles

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same-sex couples upon divorce or other relationship dissolution. When same-sex couples marry, the legal system and society at large may project conceptions of gender onto same-sex couples, often in a manner that conflicts with couples’ intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same-sex relationships.

The Institutions Of Innocence Review: A Comparative Sociological Perspective, Jessica A. Roth

Articles

The last three decades have seen the rise of an international innocence movement that has forced participants in diverse criminal justice systems to confront their systems’ fallibility, previously thought more theoretical than real. The public acknowledgment of that fallibility has led to the creation of new institutional mechanisms to re-examine old convictions. This short essay prepared for a symposium issue of the Rutgers University Law Review on the theory of criminal law reform compares the error correction institutions created in the United Kingdom, Canada, and the United States, three English-speaking countries with common law roots and an adversarial structure, through …

Why Is It Wrong To Punish Thought?, Gabriel S. Mendlow

Articles

It’s a venerable maxim of criminal jurisprudence that the state must never punish people for their mere thoughts—for their beliefs, desires, fantasies, and unexecuted intentions. This maxim is all but unquestioned, yet its true justification is something of a mystery. In this Essay, I argue that each of the prevailing justifications is deficient, and I conclude by proposing a novel one. The proposed justification captures the widely shared intuition that punishing a person for her mere thoughts isn’t simply disfavored by the balance of reasons but is morally wrongful in itself, an intrinsic (i.e., consequence-independent) injustice to the person punished. …

Investigating The Impact Of Internationally Acquired Qualifications On Labour Market Performance: The Case Of Brazil, Charles Alves De Castro

Articles

The aim of this study is to examine the labour market performance of Brazilian students who have acquired international qualifications in the areas of engineering and science. A comprehensive analysis of the literature review demonstrates the importance of international qualifications covering both their benefits and challenges. The gaps found in the literature review are also discussed, as well as the need for a more concrete theoretical framework about the subject. The data used in this research was gathered by semi-structured one-to-one interviews conducted in both person and through telephone. The participants consisted of Brazilian students who have acquired international qualifications …

My Name Is Not 'Respondent Mother': The Need For Procedural Justice In Child Welfare Cases, Vivek S. Sankaran

Articles

You are a parent whose children are in foster care. Your court hearing is today, after which you hope your children will return home. Upon leaving the bus, you wait in line to enter the court. At the metal detectors you’re told you can’t bring your cell phone inside. With no storage options, you hide your phone in the bushes, hoping it will be there when you return.

Casting A Shadow: Harm From Known Drinkers, Ann Hope, Joe Barry, Sean Byrne, Oliver Stanesby

Articles

Abstract

Introduction: This paper examines the negative consequences of having a known drinker in one’s life. Method: The first dedicated national survey on alcohol’s harm to others (AH20) in Ireland was undertaken in 2015. Data was gathered by a cross sectional probability sample of 2,005 adults (18+yrs). Using a 12 month time-frame, respondents were asked about adverse effects they experienced due to known drinkers. Results: Overall, two in five people experiencing harm from known drinkers. Intangible harm was more common (38%) than tangible harm (24%). Stress/anxiety was the most common harm. The youngest age group was most at risk …

Implicit Bias's Failure, Samuel Bagenstos

Articles

The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said:

What We Still Don't Know About What Persuades Judges – And Some Ways We Might Find Out, Edward R. Becker

Articles

Over 25 years ago, in his foreword to the first volume of Legal Writing, Chris Rideout nailed it: legal writing as actually practiced by lawyers and judges needs to improve, “[b]ut more fundamental inquiry into legal writing...is needed as well.” The intervening decades have seen many laudable efforts on the latter front, as our collective scholarly discipline, then in its infancy, has matured. But one particular question that Rideout identified remains largely unaddressed by our discipline, although recent developments suggest a welcome increase in attention to the topic. Specifically, Rideout explained that our field did not know as much as …

Improving Operator Situation Awareness By Phasor Measurement Unit (Pmu) Data Visualization, Esa M. Rantanen, Ernest Fokoue, Jacob Haut, Chandini Ramesh, Kathleen Gegner, Thomas Overbye, Komal Shetye

Articles

The application of phasor measurement unit (PMU) data in the power industry is currently an area of intense interest. The key driver for PMU technology is to use the precise time sources provided by Global Positioning System (GPS) satellites to accurately measure the relative voltage and current phase angles at buses across an interconnect at a very high sampling rate. Presenting PMU data to power system operators in a format that is truly useful for them and that affords improved situation awareness (SA) and fast and accurate decision making is a particular challenge to display design. This report describes development …

The Religious Sensibility Of William Trevor (1928-2016), Eamon Maher

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No abstract provided.

A Falsified Universe Of Love And Desire, Review Of Micheal Farmer's Imagination And Idealism In John Updike's Novels, Sue Norton

Articles

Book Review of Micheal Farmer's Imagination and Idealism in John Updike's Novels

Democratic Erosion And The Courts: Comparative Perspectives, Aziz Huq

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No abstract provided.