Digital Commons Network^™

Sociology In The 21st Century: Reminiscence And Redefinition, Rana Jawad, Paddy Dolan, Tracey Skillington

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No abstract available.

Habitus, The Writings Of Irish Hunger Strikers And Elias's The Loneliness Of The Dying, John Connolly, Paddy Dolan

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»Habitus, die Texte der irischen Hungerstreikenden und Elias', Die Einsamkeit der Sterbenden'«. Elias maintained that over the course of several centuries death has become associated with greater shame and embarrassment feelings due mainly to four interwoven processes. In this paper we consider how these specific processes or 'special conditions' Elias referred to, in conjunction with other processes, shaped the experience of dying and the image of death for twentieth century Irish hunger strikers.

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 …

The Problem Of Creative Collaboration, Anthony J. Casey, Andres Sawicki

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In this Article, we explore a central problem facing creative industries: how to organize collaborative creative production. We argue that informal rules are a significant and pervasive-but nonetheless underappreciated-tool f or solving the problem. While existing literature has focused on how informal rules sustain incentives for producing creative work, we demonstrate how such rules can facilitate and organize collaboration in the creative space.

We also suggest that informal rules can be a better fit for creative organization than formal law. On the one side, unique features of creativity, especially high uncertainty and low verifiability, lead to organizational challenges that formal …

Liberal Internationalism And The Populist Backlash, Eric A. Posner

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No abstract provided.

How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor

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No abstract provided.

A Path Dependence Approach To Understanding Educational Policy Harmonisation: The Qualifications Framework In The European Higher Education Area, Sharon Feeney, John Hogan

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This paper examines the development of a system of easily readable and comparable qualifications within a single Qualifications Framework in the European Higher Education Area (QF-EHEA) as part of the Bologna process. Employing a path dependence approach, combined with new understandings of critical junctures and incremental policy change, as our conceptual lens, we find that multiple self-reinforcing events between the 1998 Sorbonne Declaration and the 2005 Bergen Communiqué, in the form of Declarations and Communiqués, guided implementation of the Bologna policy process, along with elements of incremental layering. We also see evidence that policy formation and implementation are self-reinforcing in …

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 …

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 …

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

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No abstract provided.

The Death Of The Firm, June Carbone, Nancy Levit

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This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Bayesian Exponential Random Graph Modelling Of Interhospital Patient Referral Networks, Alberto Caimo, Francesca Pallotti, Alessandro Lomi

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Using original data that we have collected on referral relations between 110 hospitals serving a large regional community, we show how recently derived Bayesian exponential random graph models may be adopted to illuminate core empirical issues in research on relational coordination among healthcare organisations. We show how a rigorous Bayesian computation approach supports a fully probabilistic analytical framework that alleviates well-known problems in the estimation of model parameters of exponential random graph models. We also show how the main structural features of interhospital patient referral networks that prior studies have described can be reproduced with accuracy by specifying the system …

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

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Although today the very idea of a science of law-the thought that law could be made a science like any other taught and studied at a modern university-has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus Langdell was …

An Indigent Criminal Defendant Is Entitled To An Expert Of His Own, Fredrick E. Vars

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The Supreme Court recently heard the case of an Alabama death row inmate, James McWilliams. A thus far overlooked argument could save his life and help level the playing field in other capital cases. The Court in 1985 promised independent expertise. Now is its chance to make good on that promise.

Institutional Pluralism And The (Hoped-For) Effects Of Candor And Integrity In Legal Scholarship Symposium: Conference On The Ethics Of Legal Scholarship, Paul Horwitz

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No abstract provided.

Positive Pluralism Now Review, Paul Horwitz

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No abstract provided.

Cities, Inclusion And Exactions, Audrey Mcfarlane, Randall K. Johnson

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Cities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

Elite Formation In The Higher Education Systems Of Ireland And The Uk: Measuring, Comparing And Decomposing Longitudinal Patterns Of Cabinet Members., Sharon Feeney, John Hogan, Brendan O'Rourke

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The role of higher education systems in the formation and reproduction of governing elites, and their countervailing potential for the creation of a more egalitarian, or meritocratic, society has been an enduring subject of concern, debate and research. Many of these debates are made all the more difficult by our inability to directly compare elite formation systems within and between countries and over time. To resolve these problems, this paper employs elite formation quantitative indices to directly and transparently compare elite formation systems, namely the role of higher education systems in political elite formation over three quarters of a century …

Mind The Gap: An Initial Analysis Of The Transition Of A Second Level Curriculum Reform To Higher Education, Michael Carr, Fiona Faulkner, Cormac Breen, Mark Prendergast

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This article details an initial analysis of the transition of a second level curriculum reform to higher education in Ireland. The reform entitled ‘Project Maths’ involved changes to what second level students learn in mathematics, how they learn it, and how they are assessed. Changes were rolled out nationally on a phased basis in September 2010. Students who were taught and assessed through the new curriculum first entered third level education in September 2012. It is important that third level mathematics lecturers are aware of the changes to the curriculum since certain topics such as vectors and matrices are no …

Criminalization As Governance In The American Racial State, Charlton C. Copeland

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No abstract provided.

The Constitution Of Mothers: Gender Equality And Social Reproduction In The United States And The World, Julie C. Suk

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The article explores the resurgence of the Equal Rights Amendment (ERA) in the United States, highlighting its potential to address ongoing gender inequalities and the role of social reproduction in modern society. It argues that the ERA, if ratified, could move beyond symbolic significance by integrating lessons from global constitutionalism, particularly the synthesis of gender equality and motherhood protections seen in European constitutions.

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony Dignity Takings And Dignity Restoration, John Felipe Acevedo

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No abstract provided.

Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow

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Over the past generation, the history of the state has been experiencing a much-noted renaissance, especially in France and the United States. In the United States as late as 1986, Morton Keller complained to William Leuchtenburg in the Journal of American History: “To say that ‘there is much still to be learned about the nature of the State in America’ is … a major understatement. There is close to everything to be learned about the State.” In France as late as 1990, Pierre Rosanvallon’s powerful introduction to L’État en France suggested that an ambitious history of the state could not …

The Work Of International Law, Monica Hakimi

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This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view - what I call the "cooperation thesis" - is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

Equality Adds Quality: On Upgrading Higher Education And Research In The Field Of Law, Susanne Baer

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Much has been attempted, and many pro1ects are still underway aimed at achieving equality in higher education and research. Today, the key argument to demand and support the integration of gender in academia is that equality is indeed about the quality on which academic work is supposed to be based. Although more or less national political, social and cultural contexts matter as much as academic environments, regarding higher education and research, the integration of gender into the field of law seems particularly interesting. Faculties of law enjoy a certain standing and status, are closely connected to power and politics, and …

Astroturf Activism, Melissa J. Durkee

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Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

Beyond Logic And Norms: A Figurational Critique Of Institutional Theory In Organisation Studies, Paddy Dolan, John Connolly

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This paper provides a figurational critique of one of the most dominant theoretical frames within organisation studies - institutional theory. Despite its status as the leading theoretical lens for explaining organisational change, institutional theorists continue to struggle with the so called agencystructure issue and remain divided in how to overcome it. Our primary criticisms concern the propensity to invoke or generate dualisms, the reliance on the sociological frames which sustain this, and the failure to engage in any comprehensive way with Elias’s writings on this subject.

Market Dimensions Of Industrial Juice Production, Anushree Priyadarshini

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The juice sector is currently demonstrating positive and dynamic growth mainly due to a change in lifestyle, the tendency of consumers to prefer healthy products, and an increase in purchasing power. Fruit juices form part of what are termed the “new age beverages.” In sync with growing consumer inclination toward healthier choices, manufacturers are moving over to healthier ingredients in their juices. Numerous new and innovative products are being launched globally by manufacturers to stimulate sales through innovations in flavor blends, calorie and sweetness levels, and functional benefits, very much shaped by the major lifestyle trends. This chapter aims to …

The National Planning Framework 2040: Aspects On What It Takes To Sustain A Viable Rural Community, Brian Hughes

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No abstract provided.

Finding Meaning In A Web Of Confusion, Eamon Maher

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No abstract provided.