Digital Commons Network^™

The Neglected Role Of Justification Under Uncertainty In Corporate Governance And Finance, Claire Hill, Alessio M. Pacces

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No abstract provided.

Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn

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No abstract provided.

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

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No abstract provided.

Cheap Sentiment, Claire Hill

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No abstract provided.

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill

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No abstract provided.

Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell

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No abstract provided.

Punishing Kids In Juvenile And Criminal Court, Barry Feld

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No abstract provided.

Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry

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No abstract provided.

From Duty And Disclosure To Power And Participation In Social Enterprise, Brett Mcdonnell

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No abstract provided.

A Logical Step Forward: Extending Voluntary Acknowledgments Of Parentage To Female Same-Sex Couples, Jessica Feinberg

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Under current law, stark differences exist between different- and same-sex couples who welcome children into the world with regard to the ease through which the member of the couple who did not give birth to the child is able to obtain legal parent status. While a number of simple, efficient procedures exist for establishing legal parentage for different-sex partners of women who give birth, same-sex partners of women who give birth often have to go through significantly more complex, time-consuming, and expensive procedures in order to establish legal parentage. The inequitable treatment of same-sex couples in establishing legal parentage has …

Telling Tales The Transactional Lawyer As Storyteller, Karen J. Sneddon

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Transactional lawyers are storytellers, although they may not think of themselves as such. They work with provisions and clauses to build trans-actional documents that encapsulate the wishes, hopes, and fears of the transacting parties to promote, guide, and control the relationship of those parties. Narratology, the theory of narrative, can provide a resource to transactional lawyers that facilitates the construction of a wide range of transactional documents, which can themselves be considered narratives.

The form documents that transactional lawyers use as starting points in the drafting process are already rife with narrative characteristics; they are embedded with characters and plots, …

Problem-Based Learning: Student Perceptions Of Its Value In Developing Professional Skills For Engineering Practice, Una Beagon, Dervilla Niall, Eabhnat Ni Fhloinn

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This study explores students’ perceptions of the effectiveness of a Problem-Based Learning (PBL) design project, taken as part of a first-year engineering module, in developing professional skills needed for engineering practice. Students completed surveys before and after the PBL group project, and produced personal reflections on the process. The closed survey questions were analysed quantitatively and the main themes from the reflections outlined using General Inductive Analysis. Students rated themselves as having improved across a range of professional skills as a result of the project, with particular emphasis on teamwork, communication skills, understanding of the design process and self-directed learning. …

Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring

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This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …

Modularity In Cross-Border Insolvency, Andrew B. Dawson

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No abstract provided.

The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby

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Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen

Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?

But while these stories of everyday individuals …

Franchise Regulation For The Fissured Economy, Andrew Elmore

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No abstract provided.

Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha

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No abstract provided.

Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley

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This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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Justice Beyond Dispute, Mary Anne Franks

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The Myth Of Free, John M. Newman

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Myths matter. This Article is the first to confront a powerful myth that pervades modern economic, technological, and legal discourse: the Myth of Free. The prevailing view is that consumers capture massive welfare surplus from a flood of innovative new products that are offered free of charge. Economists, legal scholars, and industry stakeholders created an origin story-a myth-to explain how these products became "Free."

But that orthodox origin story is fatally flawed. This Article formalizes, then debunks, the Myth of Free and its underlying assumptions. The Myth is riddled with internal inconsistencies, logical errors, and factual. inaccuracies. In their place, …

Examining The Effects Of A Virtual Character On Learning And Engagement In Serious Games, Vihanga Gamage, Cathy Ennis

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Virtual characters have been employed for many purposes including interacting with players of serious games, with a purpose to increase engagement. These characters are often embodied conversational agents playing diverse roles, such as demonstrators, guides, teachers or interviewers. Recently, much research has been conducted into properties that affect the realism and plausibility of virtual characters, but it is less clear whether the inclusion of interactive agents in serious applications can enhance a user’s engagement with the application, or indeed increase efficacy. In a first step towards answering these questions, we conducted a study where a Virtual Learning Environment was used …

Developing A Theoretical Framework For Policy Development, Implementation And Evaluation, Marie Brennan

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Three institutes ITT, ITB and DIT explored the benefits of collaborating and seeking designation as a technological university for Dublin following the publication of the Hunt Report in 2011. A high-level steering group was formed that would guide the alliance partners towards the goal of Technological University for Dublin. Support teams and working groups were set up to draw on the expertise of staff from across the 3 institutes. One workshop was set up to discuss the development of a teaching, learning and assessment strategy for a technological university. Further research carried out into the creation of a teaching, learning …

Visual-Vestibular Integration During Self-Motion Perception In Younger And Older Adults, Robert Ramkhalawansingh, John Butler, Jennifer Campos

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Younger adults integrate visual and vestibular cues to self-motion in a manner consistent with optimal integration; however, little is currently known about whether this process changes with older age. Our objective was to determine whether older adults, like younger adults, display evidence of optimal visual-vestibular integration, including reductions in bimodal variance (visual-vestibular) compared with unimodal variance (visual or vestibular alone), and reliability-based cue weighting. We used a motion simulator and a head-mounted display to introduce a 2-interval forced-choice heading estimation task. Older (65+ years) and younger adults (18–35 years) judged which of two movements was more rightward. Movements consisted of …

Judges Behaving Badly - Clinics Fighting Back: The Struggle For Special Immigrant Juveniles In State Dependency Courts In The Age Of Trump, Bernard P. Perlmutter

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No abstract provided.

The Torture Of Children And Adolescents Living And Dying In Guatemala’S Institutions, Madeleine M. Plasencia

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In this article, Professor Madeleine Plasencia examines the legal context of treatment of disabled children in Guatemala living in institutionalized environments. The article explores evidence that children confined in orphanages and other public care facilities in Guatemala endure conditions that violate the provisions against torture and other cruel or degrading treatment or punishment provided under various international instruments, including the Convention on the Rights of the Child. The article discusses the growing world-wide desperation from poverty and food scarcity that drives families to place their children with and without disabilities in state-supported institutions. The article argues that foreign funding and …

The Contribution Of Higher Education-Based Technology Start-Up Incubators To The Co-Production Of Knowledge, Innovation And Growth: Experiences From The Edge, Anthony Paul Buckley, Stephen Davis

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Start-up incubators are one of a number of micropolicy interventions used by states to support their technology entrepreneurs. Since 2000, the number of incubators in the United States has almost trebled while that in Europe has more than doubled. This article outlines the challenges involved in attempting to evaluate the contribution of the higher education technology start-up incubator process. It advocates theory-based evaluation (TBE) methodology as a possible solution for effective evaluation (and policy learning) in complex research settings such as this, where a study is unable, for myriad reasons, to meet the stringent requirements of experimental research design. TBE …

Adminization: Gatekeeping Consumer Contracts, Yonathan A. Arbel

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Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against J.P. Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless claims, which results in the entry of millions of default judgments every year. To combat this problem, policymakers and scholars have explored a variety of court-based solutions that would make it easier for consumers to defend in court, but these prove ineffectual.

To solve the problem …

Strategic Litigation To Advance Public Health, Tamar Ezer, Priti Patil

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The HIV movement has relied on strategic litigation as an important tool to develop and enforce legal protections critical to health. This experience contains lessons on the potential of strategic litigation to advance public health more generally. Beyond impacting laws and policies, strategic litigation can change practice, breathing life into existing legal rules never implemented. While cases may target a particular law, policy, or practice, indirect impacts beyond a particular court decision on future cases, other branches of government, and the public record may be just as important. Each case is only one step towards change, and a judgment can …

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

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The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …