Digital Commons Network^™

International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel

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International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …

Epilogue: The Need For A New And Critical Democracy, William J. Novak, Stephen W. Sawyer

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Democratic critiques of neoliberalism have been comparatively rare, and positive democratic rejoinders to the social and political ruins of neoliberalism have been rarer. The question thus presents itself – what would an overtly democratic critique of neoliberalism look like and, beyond critique, what would a constructive democratic response to neoliberalism entail?

Performing The Digital Self: Understanding Location-Based Social Networking, Territory, Space, And Identity In The City, Konstantinos Papangelis, Alan Chamberlain, Ioanna Lykourentzou, Vassilis-Javed Khan, Michael Saker, Hai-Ning Liang, Irwyn Sadien, Ting Cao

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Expressions of territoriality have been positioned as one of the main reasons users alter their behaviors and perceptions of spatiality and sociality while engaging with location-based social networks (LBSN). Despite the potential for this interplay to further our understanding of LBSN usage in the context of identity, very little work has actually been done towards this. Addressing this gap in the literature is one the chief aims of the article. Drawing on an original six-week study with 42 participants utilizing a bespoke LBSN entitled ‘GeoMoments’, our research explores: (1) the way that territoriality is linked to self-identity; and (2) how …

The Personal Responsibility Pandemic: Centering Solidarity In Public Health And Employment Law, Lindsay F. Wiley, Samuel R. Bagenstos

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Our nation’s response to the coronavirus pandemic has revealed fundamental flaws in our legal regimes governing both public health and employment. Public health orders have called on individuals to make sacrifices to protect society as a whole. Simple fairness dictates that the burdens should be shared as widely as the benefits. And the case for burden-sharing does not rest on fairness alone. Public health measures are more likely to succeed when those who are subject to them understand them as fair1 and when their cooperation is supported. 2 Predictably, our pandemic response has placed disproportionate burdens on those who are …

Justice System Reform And Internationalization, Daniel H. Foote

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As discussant. normally my role would be to offer trenchant and perceptive critiques of each of the three main reports. those by Professors Takamizawa. Matsuo. and SuamL Those reports are broad in scope, both geographical and historical; each report is outstanding: and each provides much food for thought. Yet even if time and space permitted, I myself lack sufficient knowledge regarding China. Southeast Asia and Europe to provide a thorough critique. Instead. in this essay I will shift the focus back to Japan and examine various respects in which the justice system reforms have sought to promote internationalization.

Improving Governance Of Maritime Higher Education Institutions To Ensure Success Of Filipino Cadets, Cleto Del Rosario,, Dimitrios Dalaklis, Momoko Kitada, Johan Bolmsten

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No abstract provided.

Employing A Visual Representation Technique To Understand Undergraduates’ Perceptions Of Civic Engagement Across Countries, Sharon Feeney, John Hogan

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Purpose – This paper aims to present an interpretation of freehand drawings produced by a sample of final year degree level learners in response to the question: “What is civic engagement”? The aim in using this approach, with final year degree learners from different countries, but pursuing the same degree, was to compare and contrast their understanding of civic engagement.

Design/methodology/approach – Learners completed their drawings and then discussed their drawings in small groups. All of their drawings were initially examined quantitatively before a sample of six drawings were selected for in-depth qualitative examination.

Findings – Using learner-generated drawings enables …

Unconditional Quantile Regression Analysis Of Uk Inbound Tourist Expenditures, Abhijit Sharma, Richard Woodward, Stefano Grillini

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Using International Passenger Survey (2017) data, this paper employs unconditional quantile regression (UQR) to analyse the determinants of tourist expenditure amongst inbound tourists to the United Kingdom. UQR allows us to estimate heterogeneous effects at any quantile of the distribution of the dependent variable. It overcomes the econometric limitations of ordinary least squares and quantile regression based estimates typically used to investigate tourism expenditures. However, our results reveal that the effects of our explanatory variables change across the distribution of tourist expenditure. This has important implications for those tasked with devising policies to enhance the UK’s tourist flows and expenditures.

Thermal Analysis And Post Construction Verification, Cormac Flood, Lloyd Scott

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Purpose – The residential sector in Ireland accounted for 25 per cent of energy related CO2 emissions in 2016 through burning fossil fuels, a major contributor to climate change. In support of Ireland’s CO2 reduction targets, the existing housing stock could contribute greatly to the reduction of space-heating energy demand through retrofit. Approximately 50 per cent of Ireland’s 2m dwellings pre-date building regulations and are predominantly of cavity and solid wall construction, the performance of which has not been extensively investigated at present. Although commitment to thermal upgrade/retrofit of existing buildings may increase under future government policies, the poor characterisation …

“The Very Essence Of French Cinema”(?): Jacques Feyder’S Return To France, 1944–1948, Barry Nevin

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No abstract provided.

Framing “L’Âme Des Personnages”: Performance And Affect In Jacques Feyder’S Pension Mimosas (1935), Barry Nevin

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Although Jacques Feyder's authorial control over his productions and his direction of actors constituted two of the most widely appreciated aspects of his approach to filmmaking during his own lifetime, the impact of each on his mise en scene has received little critical attention. This article aims to remedy this oversight by linking both aspects in three stages: first, drawing on contemporary periodicals, recollections of Feyder's performers and his own writings, it illustrates Feyder's preoccupation with the creation of in-depth psychological portraits through his actors; second, focusing on Pension Mimosas (1935), it demonstrates that Feyder's technical style, although aligned closely …

(Re)Visions Of The Outre-Mer: Looking At The Male Gaze In Jacques Feyder’S Le Grand Jeu (1934), Barry Nevin

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Cinéma colonial is regarded by certain scholars as a highly conventionalised and commercialised film practice that grants spectators a sense of control over the potentially threatening colonial Other, and Belgian director Jacques Feyder has been subject to particularly harsh criticism in this regard. This article argues that Feyder’s Le Grand Jeu (1934), which depicts a young legionnaire’s relationship with a cabaret singer who bears an uncanny resemblance to a previous lover who jilted him in Paris, challenges dominant tendencies in portrayals of gender and colonialism in French cinema of the 1930s. Drawing on the relationship between Laura Mulvey’s theorisation of …

Exploring The Relationship Between Immigrant Enclave Theory And Transnational Diaspora Entrepreneurial Opportunity Formation, Osa Godwin Osaghae Dr, Thomas M. Cooney

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Immigrant Enclave Theory (IET) investigates the concentration and localisation of immigrants in a specific geographic area. Some IET studies have highlighted the resilience of these communities and described such enclaves as sources of mutual support, collective political power and beneficial social relationships. Other studies have examined the influence of IET on immigrant entrepreneurial activity within these geographic areas, although some of these studies have highlighted IET as a contributor to low profit margin businesses due to over-representation of immigrant enterprises within the same sector and geographic locality. This article considers the potential for Transnational Diaspora Entrepreneurship (TDE) as an alternative …

Managing The Growth Of Peer Review At The Royal Society Journals, 1865-1965, Aileen Fyfe, Flaminio Squazzoni, Didier Torny, Pierpaolo Dondio

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This article examines the evolution of peer review and the modern editorial processes of scholarly journals by analyzing a novel data set derived from the Royal Society’s archives and covering 1865-1965, that is, the historical period in which refereeing (not yet known as peer review) became firmly established. Our analysis reveals how the Royal Society’s editorial processes coped with both an increasing reliance on refereeing and a growth in submissions, while maintaining collective responsibility and minimizing research waste. By engaging more of its fellows in editorial activity, the society was able to establish an equilibrium of number of submissions per …

My Palate Hung With Starlight: A Gastrocritical Reading Of Seamus Heaney’S Poetry, Anke Klitzing

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Nobel-prize winning poet Seamus Heaney is celebrated for his rich verses recalling his home in the Northern Irish countryside of County Derry. Yet while the imaginative links to nature in his poetry have already been critically explored, little attention has been paid so far to his rendering of local food and foodways. From ploughing, digging potatoes and butter-churning to picking blackberries, Heaney sketches not only the everyday activities of mid-20th century rural Ireland, but also the social dynamics of community and identity and the socio-cultural symbiosis embedded in those practices. Larger questions of love, life and death also infiltrate the …

Have You Asked For It?: An Exploratory Study About Maltese Adolescents’ Use Of Ask. Fm, Lorleen Farrugia, Mary Ann Lauri, Joseph Borg, Brian O'Neill

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This article focuses on adolescents’ use of anonymous social networking sites (SNSs). Their perceptions and attitudes toward one such platform, Ask.fm, are discussed using the framework of uses and gratifications theory to explore motivations for using it. Four focus groups and four interviews were carried out with 22 Maltese adolescents (10 female and 12 male) aged 11 to 16 years. Thematic analysis of data collected was undertaken to identify and develop themes relevant to Ask.fm use. Findings indicate that the platform is a space where adolescents interact with others as part of their identity exploration. The role of anonymity was …

A Hidden Technological Assumption In Patent Law: The Case Of Gene Patents And The Disclosure Requirement, Or Cohen Sasson

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The disclosure requirement in patent law is designed to reveal knowledge regarding a patented invention to allow proper understanding and utilization of that invention. The contention offered here is the presence of an inherent incompatibility between the disclosure requirement and genetic inventions. Genetic inventions are highly contingent on genetic statistical data (GSD), which is gathered during the commercial phase of a genetic invention. GSD are essential for various purposes, which at least some should be satisfied by the disclosure. However, since GSD can be gathered only at the postapplication period, GSD are not disclosed through the disclosure requirement. Therefore, there …

Social Clustering In Epidemic Spread On Coevolving Networks, Hsuan-Wei Lee, Nishant Malik, Feng Shi, Peter J. Mucha

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Even though transitivity is a central structural feature of social networks, its influence on epidemic spread on coevolving networks has remained relatively unexplored. Here we introduce and study an adaptive susceptible- infected-susceptible (SIS) epidemic model wherein the infection and network coevolve with nontrivial proba- bility to close triangles during edge rewiring, leading to substantial reinforcement of network transitivity. This model provides an opportunity to study the role of transitivity in altering the SIS dynamics on a coevolving network. Using numerical simulations and approximate master equations (AMEs), we identify and examine a rich set of dynamical features in the model. In …

Post-Panel Commentary Symposium: Barnette At 75: The Past, Present, And Future Of The "Fixed Star In Our Constitutional Constellation": Commentary, Joelle Moreno, Genevieve Lakier, Brad Snyder, Ronald K. L. Collins, John Inazu, Steven Smith, Roberto Lopez, Aaron Saiger, Paul Horwitz, Brian Heckmann, Howard M. Wasserman, Leslie Kendrick, Abner S. Greene, Erica Goldberg

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No abstract provided.

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

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The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

The Security Field: Forming And Expanding A Bourdieusian Criminology, Matt Bowden

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Recent scholarly contributions have sought to integrate Bourdieusian sociology with criminology, centring for example, on the ‘street’ field as a symbolic and narrative space occupied by players within criminal justice. This article complements this broad objective by focusing on the changes in contemporary police and security governance that are pointing towards an emerging security field. Such a change can be read from the literature on plural policing and crime control, and involves the morphology of policing into nodes or assemblages of security producers. While there has been some attention to the formation of security networks, further empirical work is required …

Custodial Compulsion, Kyron J. Huigens

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In cases that fall under Miranda v Arizona, police interrogators not only give a suspect reasons to confess; they also suggest that the suspect ought to confess. In doing so, interrogators effectively invoke the Wigmorean duty of a citizen to produce any evidence he has in his possession, including his own confession. That is, they invoke the duty against which the Self Incrimination Clause stands, so that the clause is applicable to police interrogations, and is violated where it is not waived. This means that “a Miranda violation” is a violation of the Self Incrimination Clause in the field, just …

Reckless Juveniles, Kimberly Thomas

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Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …

The Critical Juncture Concept’S Evolving Capacity To Explain Policy Change, John Hogan

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This article examines the evolution of our understanding of the critical junctures concept. The concept finds its origins in historical intuitionalism, being employed in the context of path dependence to account for sudden and jarring institutional or policy changes. We argue that the concept and the literature surrounding it—now incorporating ideas, discourse, and agency—have gradually become more comprehensive and nuanced as historical institutionalism was followed by ideational historical institutionalism and constructivist and discursive institutionalism. The prime position of contingency has been supplanted by the role of ideas and agency in explaining critical junctures and other instances of less than transformative …

Systems In Play: Simon Nicholson's Design 12 Course, University Of California, Berkeley, 1966, Tim Stott

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In 1966, British artist, designer and educator Simon Nicholson (1934–1990) offered a lower division course, Design 12, at the College of Environmental Design, UC Berkeley. Controversially, Nicholson promoted play as the principal method of design and invited children to assess students’ projects on the Berkeley campus and in local schools, parks, playgrounds and hospitals. This article presents Design 12 as an important example of environmental design pedagogy in the USA, which uniquely attempted to synthesize British post-war constructivism with ‘design science’ and adventure play. The result was a course that placed play at the centre of design pedagogy, where it …

Childminding In Ireland: Attitudes Towards Professionalisation, Miriam O'Regan, Ann Marie Halpenny, Noirin Hayes

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In light of rapid changes in the early years sector in Ireland since 2000, questions arise about the professionalism of childminders (family day carers), the vast majority of whom are exempt from regulation. Fewer than 0.1% (<120) of childminders are registered with Tusla, the national regulator, despite the National Childminding Initiative, (NCMI) which has promoted professional, high quality childminding. To investigate current attitudes to NCMI’s process of professionalisation (Brannen and Moss [2003]), among childminders and parents, a cross-sectional study was designed using a mixed-method approach. Specifically an anonymous online survey was conducted with 325 participants, followed by a qualitative World Café forum for 40 members of Childminding Ireland, the national childminding body. Findings from both phases of research revealed many of these childminders were well-qualified and engaged, with a sense of professional identity, seeking a distinctive approach to support childminding. Moreover, both childminder and parent participants value the distinctive characteristics of childminding – close relationships, a nurturing pedagogy, a rich, home environment – to a greater extent than markers of professionalism. These findings call for an innovative approach to childminding in Ireland, one that facilitates an organic development of agentic, professional childminding as part of a competent ECEC system.

Social Care Graduates’ Judgements Of Their Readiness And Preparedness For Practice, Fiona Mcsweeney, David Williams

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While research has been conducted on social work graduates’ views of their readiness and preparedness for practice, the views of social care workers have not been specifically researched. This paper reports on the views of social care graduates in Ireland of how ready they are to join the workforce and how their educational programme has prepared them. Two semi-structured interviews were conducted with the same participants. The first was at the end of their final year in college and the second between 9 and 12 months later when they were in employment. Findings indicate that participants, while apprehensive, felt ready …

A New Era For Reuse Social Enterprises In Ireland? The Capacities Required For Achieving Sustainability, Gerard Doyle

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The conventional linear relationship between production and consumption is no longer sustainable. A key component of the transition towards a more sustainable society is the continuation in use of products for longer and the development of a repair and reuse culture. Reuse social enterprises contribute to addressing a range of environmental, economic and social issues facing urban areas. This paper is concerned with, firstly, the motivations for citizens to establish reuse social enterprises in Ireland. Secondly, the paper examines the factors that contribute to reuse social enterprises in Ireland becoming sustainable.

The research points to the necessity of reuse social …

Philanthropy-Supported Journalism, Harry Browne

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There is a widespread perception that the market is failing to ensure the provision of high quality, impactful journalism, especially investigative work and in‐depth coverage of governmental and international affairs. One answer to that market failing has been the development of philanthropy‐supported journalism. Some writers see this as a potentially important, if partial, solution to journalism's problems, strengthening the editorial focus on creating social and policy impacts. Others have expressed concern that philanthropic support draws journalists toward elite orientations, with both funders themselves and their desired audiences representing the socioeconomic upper tiers.

A Comment On: Arts Festivals, Urban Tourism And Cultural Policy, Bernadette Quinn

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When I wrote the 2010 article 'Arts Festivals, Urban Tourism and Cultural Policy' for the special issue of JPRTL&E in 2010, the focus on the ‘urban’ in the brief that I was given very much reflected the prominent attention being given to festivals and events in urban contexts at that time (Johansson & Kociatkiewicz, 2011; Stevens & Shin, 2012). I start this brief comment now by noting that this imbalance in the literature is being addressed by a recent rise of research interest in the arts, including festivals, in rural areas (including forthcoming special issues/sections in the Journal of Rural …