Digital Commons Network^™

Introduction To Making Futures, Pelle Ehn

Articles

No abstract provided.

The Sin Of Turning Away From Reality: An Interview With Father Krzysztof Charamsa, David Paternotte, Mary Anne Case, Sarah Bracke

Articles

No abstract provided.

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

Articles

Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

Articles

No abstract provided.

Risky Ip, Andres Sawicki

Articles

No abstract provided.

Beyond Liberty: Toward A History And Theory Of Economic Coercion, Hiba Hafiz

Articles

No abstract provided.

We Are What We Tax, Mary Louise Fellows, Grace Heinecke, Linda Sugin

Articles

No abstract provided.

Arctic Energy Cooperation, Hari M. Osofsky, Jessica Shadian, Sara L. Fechtelkotter

Articles

The Arctic – with almost a third of the world’s remaining natural gas and thirteen percent of its oil – is one of the globe’s last frontiers for competition over unexplored natural resources. The rapid pace of Arctic melting due to climate change has created opportunities to extract the region’s previously inaccessible offshore oil and gas. The 2015 controversy over the Obama Administration’s approval of Shell Oil’s drilling in the Chukchi Sea followed by the company’s decision to pull out highlighted the need for clear and effective regulation of Arctic drilling. Offshore oil spills are difficult to prevent and clean …

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

Articles

No abstract provided.

The Turn To Procedure, Kunal M. Parker

Articles

No abstract provided.

Sport, Unity And Conflict: An Enduring Social Dynamic, Paddy Dolan, John Connolly

Articles

The purpose of this article is largely to serve as an introduction to this special issue on sport, unity and conflict. This was the theme of the European Association for Sociology of Sport conference in 2015, held in Dublin, Ireland. The special issue contains articles by the three keynote speakers of the conference – Randall Collins, Anthony King and Roberta Sassatelli. Each dealt with the theme in different, yet compatible, and highly thought-provoking ways. This article will also attempt to elaborate on the theme and argue for the continued significance of the place of unification and conflict processes within sport, …

Can Sport Be ‘Un-Political’?, Ansgar Thiel, Anna Vilanova, Martin Toms, Lone Friis Thing, Paddy Dolan

Articles

Sports officials often claim that sport has to be ‘un-political’. This argument is most notably made in two contexts: Firstly, when the decision of awarding Olympic Games or World Championships to nations that struggle with human right issues is justified by the IOC or other international sporting federations. Secondly, when athletes express their concern over social injustices with symbolic gestures of protest in sports-specific contexts.

Modernist Forms Of Thinking And Their Critics In Mid-Twentieth Century America (Book Review), Kunal Parker

Articles

No abstract provided.

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

Articles

Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …

Separations Of Wealth: Inequality And The Erosion Of Checks And Balances, Kate Andrias

Articles

American government is dysfunctional: Gridlock, filibusters, and expanding presidential power, everyone seems to agree, threaten our basic system of constitutional governance. Who, or what, is to blame? In the standard account, the fault lies with the increasing polarization of our political parties. That standard story, however, ignores an important culprit: Concentrated wealth and its organization to achieve political ends. The only way to understand our current constitutional predicament—and to rectify it—is to pay more attention to the role that organized wealth plays in our system of checks and balances. This Article shows that the increasing concentration of wealth and political …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

Articles

Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Beyond The Black Box, Or, When Shrouded Clauses Are Pro-Consumer, Luke Herrine

Articles

This article compares two clauses in credit card contracts providing for alternative dispute resolution (ADR). Arbitration clauses use ADR to cut off consumer remedies, while reversal clauses use ADR to expand them. Holding constant the possibility of earning extra money by exploiting consumer biases, it is argued that the coexistence of these two clauses must be explained in terms of which aspects of a firm's institutional structure leads it to instantiate this possibility. Viewing a firm as a forum to mediate the interests of the constituencies that either own or contract with it, one can ask how the aggregate interests …

Prosecutorial Misconduct: The Best Defense Is A Good Defense, Fredrick E. Vars

Articles

No abstract provided.

Building Labor's Constitution, Kate Andrias

Articles

In the last few years, scholars have sought to revitalize a range of constitutional arguments against mounting economic inequality and in favor of labor rights. They urge contemporary worker movements to lay claim to the Constitution. But worker movements, for the most part, have not done so. This Essay takes seriously that choice. It examines reasons for the absence of constitutional argumentation by contemporary worker movements, particularly the role of courts and legal elites in our constitutional system, and it contends that labor’s ongoing statutory and regulatory reform efforts are essential prerequisites to the development of progressive constitutional labor rights. …

Tort Reform Through The Back Door: A Critique Of Law And Apologies, Yonathan A. Arbel, Yotam Kaplan

Articles

No abstract provided.

Empirical Methods And Critical Race Theory: A Discourse On Possibilities For A Hybrid Methodology, Mario L. Barnes

Articles

No abstract provided.

"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes

Articles

No abstract provided.

Resolving The Policy Paradox: The Case Of Biofuel Production In Ireland, Alan Gilmer, Mark J. Mcgarrity, Vivienne Byers

Articles

Purpose – The purpose of this paper is to determine the status of policy design and policy implementation in the biofuel sector in Ireland. The focus of the work addresses the overarching operational context of the biofuel sector in Ireland and the role of different actors in shaping and resolving inconsistencies in policy outlook and practice. Design/methodology/approach – This study used a qualitative research approach involving a series of semi-structured interviews with members of the relevant sub-groups concerned. This study sought to address two questions – whether current or proposed policy is likely to affect consumption of indigenous biofuel feedstocks …

Human Factors At The Core Of Total Safety Management: The Need To Establish A Common Operational Picture, Maria Chiara Leva, Tom Kontogiannis, Nora Balfe, Micaela Demichela, Emmanuel Plot

Articles

The Total Operations Management for Safety Critical Activities (TOSCA) project is aimed at developing a safety management framework that integrates best practices, tools and methods for functional analysis, risk assessment, interactive emergency scenarios analysis, performance monitoring, design review, training and knowledge management. The TOSCA approach is described by a T-model based around a central ‘Common Operational Picture’ (COP) that holds information regarding the operational system, and is used to support risk assessment and management. The information held in the COP may be represented in different ways but should be accessible to all stakeholders in order to analyse and communicate risk, …

Energy-Saving Occupant Behaviour In Offices: Change Strategies, Mark Mulville, Keith Jones, Gesche Huebner, Joanne Powell-Grieg

Articles

As regulated energy consumption in buildings is reduced, the proportional importance of unregulated energy consumption increases. Reducing unregulated energy use in the commercial office requires an understanding of the factors that influence workplace behaviour. To date these factors have been assumed to be similar to those that influence behaviour in the home. However, the social dynamics of the workplace are different to those in the home. This study examines the degree to which theories of behaviour change generated largely in a domestic building setting could be used as the basis for designing interventions to reduce unregulated energy consumption in the …

Strategy/Enterprise Discourse Bounds In Business Talk., Brendan O'Rourke

Articles

Corporate strategy emerged as large non-owner managed firms became economically important (Knights and Morgan, 1991). Strategy became the substitute for the earlier enterprise discourse, which depended on the dominance, in entrepreneurial capitalism, of owner-managed firms. The discourses of strategy and enterprise developed as separate academic areas and as logics of two very different economic domains. From the late 1970s however, large organizations (Kanter, 1983:27) and governments have been urged to be more entrepreneurial (Klein et al., 2010; Osborne and Gaebler, 1993). Meanwhile, small firms were encouraged to be more strategic (Carr, 2000). This article looks at evidence from small …

Legitimising Expertise: Analysing The Legitimation Strategies Used By Economics Experts In Broadcast Interviews, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Few would doubt that economists have taken a prominent role as experts on policy issues [Maesse, J. 2015. Economic experts: A discursive political economy of economics. Journal of Multicultural Discourses 10, no.3: 279–305] and some contend that no other social science discipline has gained such prominence [Fourcade, M., E. Ollion, and Y. Algan. 2015. The superiority of economists. Journal of Economic Perspectives 29, no.1: 89–114]. This prominent societal role has long been evident and leans on their perceived objectivity with regard to the economy and policy advice. Yet, the Great Recession of 2008 put past understandings of the economy, and …

Constructing A Postcolonial Feminist Ethnography, Jennifer Manning

Articles

Purpose – The paper details the construction of a postcolonial feminist approach to ethnography; providing insight into how the researcher developed her ethnographic approach based on her theoretical framework and demonstrating how she undertook this research. Specifically, the purpose of this paper is to outline how the researcher identified positionality and representation as the primary challenges of undertaking a postcolonial feminist ethnography with marginalised Maya women in Guatemala, and how she addressed these complexities in the field.

Design/methodology/approach – This postcolonial feminist ethnography was conducted over a three-month period in the rural highlands of Sololá, Guatemala. This approach bridges the …

Federal Sentencing Guidelines & United States V. Booker: Social Context And Sentencing Disparity, Jeffrey Nowacki

Articles

The United States v. Booker (2005) decision rendered Federal Sentencing Guidelines advisory rather than mandatory. In the context of this decision, this study examines both the direct influence of aggregate-level political, community and administrative variables on sentencing outcomes, and the way that such characteristics might contextualize individual-level predictors. Using multi-level regression techniques, this study examines the role of aggregate level variables on sentence length decisions across four distinct time periods. Moreover, this article also examines whether aggregate-level variables condition the effects of race/ethnicity on sentencing outcomes. While the direct effects of aggregate-level variables on sentencing outcomes are generally limited to …

The Challenges Of Leading Change In Health-Care Delivery From The Frontline, Vivienne Byers

Articles

Aim: The public sector is facing turbulent times and this challenges nurses, who are expected to serve both patient interests and the efficiency drives of their organisations. In the context of implementing person-centred health policy, this paper explores the evolving role of front-line nurses as leaders and champions of change.

Background: Nurses can be seen to have some autonomy in health-care delivery. However, they are subject to systems of social control. In implementing person- centred policy, nurses can be seen to be doing the best they can within a constrained environment.

Method: A survey of nursing practice in person-centred health-policy …