Digital Commons Network^™

Whither The Functional Parent? Revisiting Equitable Parenthood Doctrines In Light Of Same-Sex Parents’ Increased Access To Obtaining Formal Legal Parent Status, Jessica Feinberg

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Until relatively recently, the law did not provide avenues through which both members of a same-sex couple could gain recognition as the parents of the children they were raising together. Instead, generally only the member of the same-sex couple who was the child’s biological parent was recognized as the child’s legal parent, and the nonbiological parent was considered a legal stranger to the child. Historically, nonbiological parents in same-sex relationships could not gain legal parent status because the traditional avenues for establishing legal parent status in the United States have been based upon biology, marriage, and adoption. Since joint biological …

An Investigation Into The Development And Progressive Adaptation Of Graduate Attributes In Tourism Programmes, Louise Bellew, Odette Gabaudan

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As higher education institutes are embracing the notion of graduate attributes, it has become highly desirable to embed these attributes within programmes. This study proposes to investigate students’ views of recently identified graduate attributes in the Dublin Institute of Technology (Ireland), and how they perceive their development and application in their tourism programme. The study supports the idea of the importance of placement in the progressive adaptation of learning and in translating the conception of attributes. While students strongly believe that graduate attributes are developed through the placement experience, it is equally important to embed and strengthen the visibility of …

The Perceptions Of Key Stakeholders Of The Roles Of Specialist And Advanced Nursing And Midwifery Practitioners, Mary Casey, Laserina O'Connor, Emma Nicholson, Rita Smith, Denise O'Brien, Denise O'Leary, Gerard Fealy, Martin Mcnamara, Diarmuid Stokes, Claire Egan

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Aim: To explore the perceptions of key stakeholders of the roles of specialist and advanced nursing and midwifery practitioners. Background: There is evidence that the contribution of these roles to patient care is poorly understood. Design: This research took place over 2 months in 2015 and is part of a larger study involving a rapid review to inform policy development on the specialist and advanced nursing and midwifery practice in Ireland. As an added value, a qualitative element involving thematic analysis was undertaken with key stakeholders. Methods: A phenomenological qualitative study was conducted incorporating semistructured interviews …

Arts And Humanities Research, Redefining Public Benefit, And Research Prioritization In Ireland, Andrew Gibson, Ellen Hazelkorn

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This article looks at the effects of a national policy of research prioritization in the years following Ireland’s economic crisis. A national research prioritization exercise initiated by policymakers redefined the purpose of higher education research, and designed policies in line with this approach. Placing research for enterprise to the fore, it emphasized the economic value that subjects could return on state investments. This article examines the post-crisis policy of prioritization, its relationship with and effects on arts and humanities research, and how the notion of the benefit of research can be broadened while still addressing economic needs. It draws on …

Grief, Loss, And Separation: Experiences Of Birth Children Of Foster Carers, David Williams

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Previous research identifies the increased exposure of birth children of foster carers to experiences of separation, grief, and loss due to the transient nature of foster care, but little is known about how birth children manage this loss. This paper reports findings from a qualitative study that examined the retrospective experiences of 15 adult birth children of foster carers (aged between 18 and 28 years) in Ireland. Findings suggest that birth children experience grief and loss when foster children leave their families. They report experiencing a range of emotional responses such as guilt, blame, and sadness. A reluctance to discuss …

On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants’ Mental Illness And Disability, Sarah Gerwig-Moore

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This Article addresses the questions of attorney error and client competency and examines the following issues: the origin and development of the legal tests for intellectual competency to stand trial or enter a plea and the tests for evaluating Sixth Amendment effective assistance of counsel claims; the range of state and federal approaches to circumstances when those two situations converge; and whether and how our legal tests should be shaped to best assess attorney error when the client likely has an intellectual disability or incompetence. When consideration of a defendant's mental illness or mental disability forms the basis of a …

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

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No abstract provided.

Positive Sum Design: Designing Affordances For Bias, Choice, And Coordination, Ian Gonsher

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No abstract provided.

Interior Colour Rendering Of Daylight Transmitted Through A Suspended Particle Device Switchable Glazing, Aritra Ghosh, Brian Norton

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The colour rendering index (CRI) and correlated colour temperature (CCT) of daylight change upon transmission through a variable transmittance suspended particle device (SPD) switchable glazing.

The luminous transmittance of SPD glazing was found to vary from 0.02 to 0.55 in opaque and transparent state respectively. Below 0.14 transmittance, the CRI for a particular SPD glazing was less than 80.

No strong correlation was found between CCT and CRI. The CRI of SPD glazing in a transparent state was similar to double panes glazing for SPD glazing transmittance greater than 0.24.

An Introduction To Positive Sum Design, Ian Gonsher

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No abstract provided.

Liberal Internationalism And The Populist Backlash, Eric A. Posner

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No abstract provided.

When It Comes To Business, The Right And Left Sides Of The Court Agree, Lee Epstein, William M. Landes, Richard A. Posner

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No abstract provided.

"Then To Death Walked, Softly Smiling": Violence And Martyrdom In Modern Irish Republican Ballads, Seán Ó Cadhla

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This article critically considers the representation of death within the song tradition of modern Irish Republicanism. I explore how such representations have changed in parallel with the various ideological metamorphoses that Irish Republicanism has undergone, specifically in the twentieth century. I argue that the centrality of self-sacrifice has resulted in the development of ballad narratives that deliberately obfuscate on the issue of Republican violence, resulting in the deaths of all Republican militants (regardless of cause or context), ultimately portrayed as a form of heroic self-martyrdom.

San alt seo, déantar anailís chriticiúil ar léiriú an bháis i dtraidisiún amhránaíocht Phoblachtach na …

Examining The Role Of Store Design On Consumers’ Cross-Sectional Perceptions Of Retail Brand Loyalty, John Murray Dr., Jonathan Elms, Christoph Teller

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This paper compares new and established store design prototypes of the same retailer to examine the role of consumers’ cross-sectional perceptions of retail brand loyalty. In-store surveys were administered to capture consumers’ store-level perceptions towards a new store prototype and an older established prototype of the same fast fashion retailer. The data was subjected to multi-group analyzes with structural equations modeling. The findings suggest that store novelty and complexity promote both store design pleasure and retail brand loyalty outcomes. The different store designs do not, however, account for differences in brand loyalty perceptions at the overall retailer level when multi-group …

Internal Brand Identification As Metamorphic Glue In The Internal Branding Process Within A Retailer Network, Edmund O'Callaghan, John Murray

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The growth of collaborative independent retail networks (CIRN’s) has been a significant response by independents to the growing power of retailer multiples. These networks vary in nature and structure, but share a common objective of improved competitiveness through more effective buying, pooled marketing and/or national brand recognition. At a minimum, these networks have enabled independent retailers to achieve a relative degree of competitive parity with multiples, through participation in strategic brand building. Consequently, there is a need for a greater understanding of key issues relating to building independent store brands through collaborative networks. This research aims to better understand the …

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

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In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

The Role Of Law In Adaptive Governance, Barbara Cosens

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The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence …

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

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Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

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No abstract provided.

Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky

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In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate "clear and simple" explanations of rules and regulations into their official publications. In the tax context, as part of its "customer service" mission, the Internal Revenue Service bears a "duty to explain" the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access …

Democratic Surveillance, Mary Anne Franks

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No abstract provided.

Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

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When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.

Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks

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The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …

"Revenge Porn" Reform: A View From The Front Lines, Mary Anne Franks

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The legal and social landscape of "revenge porn" has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the ternm "revenge porn." As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; federal criminal legislation on the issue had been introduced in Congress; Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms; and the term "revenge porn" had been added to the Merriam- Webster Dictionary. I have had the privilege of playing a role in many …

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

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No abstract provided.

The (Not So) Plain Meaning Rule, William Baude, Ryan D. Doerfler

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No abstract provided.

Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti

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No abstract provided.

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

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No abstract provided.

Free Speech And National Security Bootstraps, Heidi Kitrosser

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No abstract provided.

The Impact Of Individualized Feedback On Law Student Performance, Daniel Schwarcz, Dion Farganis

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No abstract provided.