Digital Commons Network^™

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

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Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan

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Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …

Bureaucratic Autonomy And The Policymaking Capacity Of United States Agencies, 1998–2021, Nicholas Bednar

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Despite a renewed interest in the health of the US administrative state, the absence of meaningful time-series measures of bureaucratic capacity hinders the testing of core theories of bureaucratic and executive politics. Using over 190 million personnel records, I estimate 5590 yearly policymaking-capacity scores for 261 unique agencies from 1998 to 2021. These measures provide an invaluable tool as either an independent or dependent variable in studies of administrative policymaking. To illustrate the value of these measures, I test longstanding theories about the relationship between bureaucratic autonomy and capacity. In contrast with emerging survey research, this study demonstrates that agencies …

Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Christopher Levesque, Kimberly Horner, Linus Chan

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In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United States. Our interviews with removal defense attorneys in the U.S. Upper Midwest illustrate how these punishments intersect with one another and push attorneys to adopt strategies that may not lead to winning a case, but intend to protect their clients by losing as slowly as possible. …

A Mathematical Model Of Juvenile Delinquency In The New York State, Oluwasegun Micheal Ibrahim

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This report presents a mathematical model of juvenile delinquency in the New York State. In particular, we develop a juvenile delinquency system of non-linear differential equations using the mathematical epidemiology framework. In constructing this model, we assume that juvenile delinquency can be studied as a socially infectious disease. The stability of the juvenile delinquency-free equilibrium of the model is examined using the standard non-linear dynamical systems theory technique. We carried out a data fitting based on real-life data from the New York State Criminal Justice Services. The research result reveals that the formulated model conforms with the available data and …

Statistical Discrimination, Sonja Starr

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The Supreme Court has emphatically and repeatedly rejected efforts to justify otherwise-illegal discrimination against individuals by resort to statistical generalizations about groups. But practices that violate this principle are pervasive and largely ignored or even embraced by courts, lawyers, and law scholars. For example, many health care fields, in seeming contravention of antidiscrimination statutes, make use of explicitly racialized diagnostic algorithms that make it harder for Black patients to access care than non-Black patients with identical symptoms. Moreover, the justice system itself has embraced numerous similar practices, including demographic and “sociocultural” adjustments of intellectual-capacity assessments for defendants facing the death …

Firearms Law And Scholarship Beyond Bullets And Bodies, Darrell Miller, Joseph Blocher, Jacob Charles

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No abstract provided.

What Do Law Professors Believe About Law And The Legal Academy?, Eric Martinez, Kevin Tobia

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Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Chefs’ Perspectives Of Failures In Foodservice Kitchens, Part 2: A Phenomenological Exploration Of The Consequences And Handling Of Food Production Failure, Mohamed Fawzi Afifi, J.J. Healy, Mairtin Mac Con Iomaire

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This paper explores the consequences of food production failure (FPF) and its handling in foodservice operations from the perspective of chefs. A phenomenological epistemology and qualitative methodology were followed. Fifteen semi-structured interviews with chefs working in independent restaurants and hotels were carried out using purposive sampling, and employing an emic posture. Interviews were transcribed verbatim, read repetitively, and coded. Thematic analysis yielded themes on the consequences of FPF, on operation and staff, handling failures with kitchen staff, front of the house (FOH), and management. The findings revealed that the major ramification of FPF is financial through food loss. Representing both …

Cinnamon P. Carlarne, Albany Law School's Nineteenth President And Dean, Garry W. Jenkins, Katrina Fischer Kuh, Jonathan Rosenbloom, Marc Roark, Jessica Owley, Robin Kundis Craig, Keith H. Hirokawa

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No abstract provided.

Book Review L Boats In A Storm: Law, Migration, And Decolonization In South And Southeast Asia, 1942–1962 By Kalyani Ramnath (Stanford University Press 2023), Anwesha Ghosh

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Kalyani Ramnath’s Boats in a Storm undertakes the formidable task of retelling the histories of decolonisation in India, Burma, Malaya, and Ceylon using characters who would rarely fit the description of conventional historical actors. Ramnath departs from the rich political and diplomatic histories that celebrate the independence of nation states from the yoke of imperial rule. Instead, she focuses on the ways in which these states, with their newly re-instituted legislative, juridical, and bureaucratic regimes, wreaked havoc on the lives of itinerant migrants who straddled between ‘homes’ and places of work across the Bay of Bengal and eastern Indian Ocean …

Discovering Child Sexual Abuse Material Creators’ Behaviors And Preferences On The Dark Web, Vuong Ngo, Rahul Gajula, Christina Thorpe, Susan Mckeever

Articles

Background: Producing, distributing or discussing child sexual abuse materials (CSAM) is often committed through the dark web in order to remain hidden from search engines and regular users. Additionally, on the dark web, the CSAM creators employ various techniques to avoid detection and conceal their activities. The large volume of CSAM on the dark web presents a global social problem and poses a significant challenge for helplines, hotlines and law enforcement agencies.

Objective: Identifying CSAM discussions on the dark web and uncovering associated metadata insights into characteristics, behaviours and motivation of CSAM creators.

Participants and Setting: We have conducted an …

Watchdogs Of The Economy: The Development Of Irish Economics Profession’S Independent Voice, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Histories of the development of professions show a profession’s relationship with the state as key to its authority. Yet professions, to gain technocratic authority, also strive to depoliticise their discourses to gain technocratic authority. This dilemmatic tension is particularly true for the economics profession. The historical development of the Irish economics provides an interesting case, where a complicated relationship with the state ultimately strengthened the profession within a society. An initial formalisation trajectory of Irish economics was thrown off course by the formation of an independent Irish state in the 1920s. This marked a period of isolation for the profession …

Hierarchy, Race & Gender In Legal Scholarly Networks, Nicholson W. Price, Keerthana Nunna, Jonathan Tietz

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A potent myth of legal academic scholarship is that it is mostly meritocratic and mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgments paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those factors. The landscape …

The Failed Federalism Of Affordable Housing: Why States Don't Use Housing Vouchers, Noah Kazis

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This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market? But at the state and local levels, it is as if this debate never took place. The federal government (following most experts) employs both strategies, embracing tenant-based assistance as more cost-effective and offering tenants greater choice and mobility. But this Article shows that state and local housing voucher programs are …

How Has Entrepreneurship Opportunity Formation Amongst Immigrants Been Influenced By The Covid-19 Pandemic?, Osa-Godwin Osaghae, Thomas M. Cooney

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The purpose of this paper is to investigate how entrepreneurship opportunity formation amongst immigrants has been influenced by the COVID-19 pandemic, given that environmental changes and irregularity can contribute to entrepreneurship opportunity formation in the immigrant set-up.

Woke Capital Revisited, Jennifer S. Fan

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Inclusive corporate leadership is now at the forefront of discussions related to corporate governance. Two corporate theories help to explain the rise in prominence of diversity, equity, and inclusion (“DEI”) efforts in corporate leadership. First, an expanded definition of corporate purpose which elevated the idea of the importance of stakeholders, contributed to the momentum from business and legal quarters for broader corporate inclusion. Second, the increasing publicness of corporations—the social expectation of how large, typically public corporations should act given their position of power—also led to corporations becoming more active in the DEI space. It is against this backdrop that …

Interrogating Illusions Of Progress: Citizen Science, Science Communication, And A Call For Inclusive Reform, Joseph Roche, Gillian, L. Barber, Laura Bell, Autumn Brown, Sadhbh Crean, Orlaith Darling, Amy Fahy, Sylvia Healy, Theresa Heffernan, Mairead Hurley, Anne Kearns, Angeliki Lima, Louise Mcateer, Amelia Mcconville, Anna Mwakitalu, Eleanor Quasebarth Neil, Fiona Smyth, Aoife Taylor, Shaun Ussher, Anne Wedderburn, Caitlin White, Katerina Zouboulakis

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No abstract provided.

Electrochemical Biosensors For The Detection Of Antibiotics In Milk: Recent Trends And Future Perspectives, Baljit Singh Dr., Abhijnan Bhat, Lesa Dutta, Kumari Riya Pati, Yaroslav Korpan, Isha Dahiya

Articles

Antibiotics have emerged as ground-breaking medications for the treatment of infectious diseases, but due to the excessive use of antibiotics, some drugs have developed resistance to microorganisms. Because of their structural complexity, most antibiotics are excreted unchanged, polluting the water, soil, and natural resources. Additionally, food items are being polluted through the widespread use of antibiotics in animal feed. The normal concentrations of antibiotics in environmental samples typically vary from ng to g/L. Antibiotic residues in excess of these values can pose major risks the development of illnesses and infections/diseases. According to estimates, 300 million people will die prematurely in …

The Power Of Education In A Globalised World: Challenging Geoeconomic Inequalities, Ozéias Rocha, Daniel Kamphambale, Cormac Macmahon, Jon Hans Coetzer, Lucía Morales

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The globalization process has led to significant levels of controversy, as over the past few years, researchers have highlighted its negative connotations in terms of exacerbating economic inequalities, environmental degradation, exploitation of workers, loss of cultural diversity, and negative influence on democratic systems and financial stability. The negative connotation associated with the globalization process is not surprising. The implications for the global educational system significantly dominated by the influence of Western values, culture, and economic models based on consumerism to the detriment of traditional cultural and local identities have been eroded. The world economies are facing emerging areas of significant …

Sustainability In Supply Chain Management: Using Drawings To Understand Undergraduates’ Perceptions Of Sustainability, Sharon Feeney, John William Hogan

Articles

Purpose – This paper presents an interpretation of freehand drawings produced by supply chain management undergraduates in response to the question: “What is sustainability?” Having to explain sustainability pictorially forced students to distill what the essence of sustainability meant to them and provided insights into how they perceived sustainability and their roles in achieving sustainability in the context of supply chain management. Design/methodology/approach – Students were asked to draw and answer the question “What is sustainability?” These drawings were discussed/interpreted in class. All drawings were initially examined quantitatively, before a sample of four were selected for presentation here. Findings – …

A Contribution To The Critique Of Irish Sociology., Chris O'Ralaigh

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Irish society is situated within a period of epoch-defining social change. We are facing in to a short number of decades, which promise the significant re-shaping of the political and social contours of our nation. Irish sociology's disciplinary mandate is to analyse that change, yet a historical debate has found new expression – heightened by the 30th anniversary of the Irish Journal of Sociology (IJS) and the 50th anniversary of the formation of the Sociological Association of Ireland (SAI) – as to whether the discipline is utilising the appropriate means to achieve its ends. The current sociological division of labour …

Comparing The Meaning Of ‘Thesis’ And ‘Final Year Project’ In Architecture And Engineering Education, Rahman Tafahomi, Shannon Chance

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Architectural education shares much in common with engineering, including the use of a culminating capstone experience in the final year. The form of this experience varies, with the research-based thesis and final-year project being most common. This paper explores the literature on traditions of enquiry and the meaning of research in various fields and the evolution of the ‘thesis’ and ‘final year project’ approaches over time. It then briefly summarises empirical research conducted on a case study institution struggling to bridge gaps in understandings of these distinct forms of learning and teaching. Throughout, the paper presents a comprehensive set of …

Walkable Neighborhoods: Linkages Between Place, Health, And Happiness In Younger And Older Adults, Kevin M. Leyden, Michael J. Hogan, Lorraine D'Arcy, Brendan Bunting, Sebastiaan Bierema

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Problem, research strategy, and findings: We examined whether living in a walkable neighborhood influenced the happiness of younger and older city residents. The data for this study came from a comprehensive household population survey of 1,064 adults living in 16 neighborhoods in Dublin City (Ireland) and its suburbs. We used multigroup structural equation modeling to analyze the direct and indirect effects of walkability on happiness, mediated by health, trust, and satisfaction with neighborhood appearance. We found living in a walkable neighborhood was directly linked to the happiness of people aged 36 to 45 (p¼.001) and, to a lesser extent, those …

Studying With Dyslexia And Achieving In Partnership With It In Higher Education, Keith Murphy

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According to research by AHEAD (2021), students with specific learning difficulties (SLD) are accessing third level education in greater numbers than ever before. Within the body of research conducted few have focused on the overall experiences of students with dyslexia studying in third level education. The current study addresses this gap in knowledge as it provides an insight into how students with dyslexia, as an SLD, navigate third level education. Ethnography was used as the principal method of research in this project, and 17 participants, ranging in age from 20 years old to mid-40s years old, took part.

The research …

Masculinities And Affective Equality; The Case Of Professional Caring, Niall Hanlon

Articles

Critical studies of men and masculinities [CSMM] aim to advance gender equality by critiquing and deconstructing male hegemony and hegemonic masculinities. Although the implicit value of gender equality is clear in CSMM generally, the conceptualization of equality is frequently vague, implied, and lacks conceptual definition. The problem is compounded in caring masculinities studies which additionally often lack engagement with critical feminist and other socio-political perspectives on caring. These shortcomings hide the complex interrelation of different dimensions to inequality as they intersect with multiple relational identities. Caring practices are also complex having distinct phases that engage different forms of labour within …

Inclusion And Belonging In Irish Higher Education For Black And Minority Ethnic Students, Fionnuala Darby

Articles

Using Critical Race Theory (CRT) as an analytical prism, this study interrogates the sense of belonging and inclusion experienced by Black and Minority Ethnic (BME) students on one higher education campus in Ireland. The most important story told within the study is as simple as it is complicated. The simple part is that the BME students felt that the campus was inclusive and that they experienced a sense of belonging. The complicated part is that the findings are premised in a normative assumption of whiteness as evidenced by numerous and incremental moments of exclusion in the daily experience of microaggressions, …

A Qualitative Exploration Of The Motivations And Expectations Of Lecturers Who Sign-Up To Participate In An Emotional Intelligence Coaching Programme, Eoghan Guiry, Aiden Carthy

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Research has emphasised the importance of emotional intelligence (EI) in the work of higher education staff. However, little is about the motivations and expectations of lecturers who decide to participate in EI coaching programmes. As part of a larger study pertaining to the efficacy of EI coaching for Irish higher education lecturers, qualitative data was collected by way of a questionnaire that contained two open-ended questions from all participants who signed up for coaching (N = 40). The findings indicate that the primary motivations for participants to sign-up for coaching were personal development and a desire to support research activities. …

Democracy Harms And The First Amendment, Deborah Pearlstein

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The First Amendment tolerates—has long tolerated—the regulation of certain kinds of false speech. Indeed, regulable lies are not limited to traditionally less-protected categories of speech like defamation and commercial deception. They include an array of other established speech regulations, administered by government institutions every day, from criminal laws barring perjury and other lies to government officials, to disciplinary measures by elected bodies sanctioning members for false or otherwise objectionable speech. Yet while it is easy to identify the kinds of lies that existing doctrinal categories make regulable for the personal, physical, or reputational harms they inflict on individuals¸ it has …