Digital Commons Network^™

Racial Profiling As Collective Definition, Trevor G. Gardner

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Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice.

However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In this article, I review the literature on group distinction to …

Socioeconomic Differentials In The Immediate Mortality Effects Of The National Irish Smoking Ban, Patrick J. Goodman, Sericea Stallings-Smith, Ariana Zeka, Z. Kabir, Luke Clancy

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Background: Consistent evidence has demonstrated that smoking ban policies save lives, but impacts on health inequalities are uncertain as few studies have assessed post-ban effects by socioeconomic status (SES) and findings have been inconsistent. The aim of this study was to assess the effects of the national Irish smoking ban on ischemic heart disease (IHD), stroke, and chronic obstructive pulmonary disease (COPD) mortality by discrete and composite SES indicators to determine impacts on inequalities. Methods: Census data were used to assign frequencies of structural and material SES indicators to 34 local authorities across Ireland with a 2000–2010 study period. Discrete …

Offering Minority Communities Equal Opportunities Through Entrepreneurship, Thomas M. Cooney

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A substantial body of research has been undertaken in recent years giving prominence to the additional and distinctive challenges faced by female entrepreneurs and by ethnic entrepreneurs. However, other groups of minority entrepreneurs have received relatively little attention and so remain underexplored within entrepreneurship literature. This article introduces some of these minority communities (Ex–Prisoners, Disabled People, Travellers/Gypsies, Grey and Gay) and highlights the research opportunities that exist for entrepreneurship academics who might wish to analyse such ‘silent’ minorities. These communities are all relatively large in terms of population numbers, require tailored support to overcome distinctive economic, social and personal obstacles, …

''They All Seem To Have Inherited The Horrible Ugliness And Sewer Filth Of Sex'' : Catholic Guilt In Selected Works By John Mcgahern (1934-2006), Eamon Maher

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No abstract provided.

Locative Histories: Exploring The Continued Influence Of Early Locative Media Art, Conor Mcgarrigle

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This paper, which draws on aspects of my doctoral research, traces the influence of early Locative Media Art on the current form and application of location-aware technologies. The mechanisms and impulse for this influence are introduced and analyzed and it is proposed that they point to new approaches in the consideration of the agency of Locative Media art.

I return to the origins of Locative Media at the Karosta workshop and the ambitions of early practitioners to argue that the practice was based on a prescient analysis of the potential for ubiquitous networked location-awareness. From this analysis was developed an …

Duty In The Litigation-Investment Agreement: The Choice Between Tort And Contract Norms When The Deal Breaks Down, Anthony J. Sebok, W. Bradley Wendel

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The article proposes a framework for regulating commercial litigation investment by drawing analogies to existing legal norms in similar economic activities. It argues that contract law, rather than tort law, is better suited to address the risks and challenges inherent in this growing market. The analysis emphasizes the importance of aligning legal norms with the economic realities of litigation investment, particularly in the commercial sector, where the stakes and dynamics differ significantly from consumer litigation. The authors advocate for a regulatory approach that balances protection against opportunism with the need to maintain efficient outcomes.

New Challenges For Strategy Development In Irish Higher Education Institutions., Deirdre Lillis, Marion Lynch

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Strategic planning has become an integral part of the management of higher education institutions worldwide. The experiences of all but one of the Republic of Ireland’s 21 Universities and Institutes of Technology with strategic planning are explored from 2000-2010. At the starting point in 2000 only two Institutions had a documented strategic plan. Ten years later all had undergone one or more iterations of strategic planning. Qualitative research methods were used including document analysis of n=42 strategic plans, n=12 institutional review reports and n=26 interviews with senior managers with responsibility for strategic planning. The paper considers whether the strategic planning …

Bricks & Mortar: Tax Policy Swings To Those Who Rent Homes, Tom Dunne

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A major change in Ireland in recent years has been the rapid fall in home ownership, down from 75pc of households in 2006 to 70pc at present.

This brings Ireland more into line with home ownership rates in the US and UK, lower than those of southern Europe but higher than the prosperous economies of northern Europe where long-term renting is very common.

In the public mind, however, this lower level of owner occupancy is seen as temporary and symptomatic of a distressed economy where buyers have difficulty obtaining mortgages and in any event are content to stand off a …

Rationalizing Creativity—Rationalizing Public Service: Is Scheduling Management Fit For The Digital Era?, Ann-Marie Murray

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In public broadcast organizations across Europe, scheduling has been transformed from a marginal, administrative activity to a highly strategic management tool (Hellman, 1999; Hujanen, 2002; Meier, 2003;Ytreberg, 2000) Ellis (2000)described it as “the locus of power in television,” organizing production and managing budgets (p. 26). The role of scheduling in public broadcast organizations today reflects the demands of increasing competition and political pressure for efficiency and accountability. However, new challenges have emerged in the transition from public service broadcasting to public service media (PSM). PSM providers must redefine their mission for the digital era and find …

The Hidden Costs Of Terrorist Watch Lists, Anya Bernstein

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No abstract provided.

Identifying Subjective Statements In News Titles Using A Personal Sense Annotation Framework, Polina Panicheva, John Cardiff, Paolo Rosso

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Subjective language contains information about private states. The goal of subjective language identification is to determine that a private state is expressed, without considering its polarity or specific emotion. A component of word meaning, “Personal Sense,” has clear potential in the field of subjective language identification, as it reflects a meaning of words in terms of unique personal experience and carries personal characteristics. In this paper we investigate how Personal Sense can be harnessed for the purpose of identifying subjectivity in news titles. In the process, we develop a new Personal Sense annotation framework for annotating and classifying subjectivity, polarity, …

Prison Policy In Times Of Austerity: Lessons From Ireland, Mary Rogan

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The catastrophic collapse in the once booming Irish economy has led to swingeing budgets, huge falls in property prices, rising unemployment, cut backs in public services, and the ignominy of a bailout financed by the International Monetary Fund, the European Union and the European Central Bank. As has been the case for all aspects of public expenditure, prison policy-makers are now regularly using the language of efficiency and value for money when discussing plans for Ireland’s prisons. The state’s current economic woes are having some interesting effects on the direction of prison policy. Plans are afoot to reduce the prison …

Is(N'T) Catharine Mackinnon A Liberal?, Don Herzog

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Catharine MacKinnon likes to describe her view as radical feminism or feminism unmodified or feminism, full stop. And she likes to contrast it to liberal feminism, which she sometimes treats with caustic scorn. But is she right to see a contrast here?

‘Moving In’: Difficulties And Support In The Transition To Higher Education For In-Service Social Care Students, Fiona Mcsweeney

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This paper reports on the difficulties and supports experienced by social care practitioners within the educational institution during their transition to higher education. A life transition such as entering higher education causes stress for individuals and social support is essential in successfully dealing with this stress (Anderson et al., 2012). Fifteen social care practitioners were interviewed twice during and once at the end of their first academic year in college. Findings indicate that participants were reluctant to approach staff for help despite anxiety about classes and assignments. Discussion and debate in class helped learning and contributed to feelings of being …

Legal Realisms, Old And New, Brian Leiter

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No abstract provided.

Early Literacy And Numeracy Matters, Geraldine French

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No abstract provided.

The Field In Ireland In 2014, Tom Dunne

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Repossessions are an important part of recovery in the housing market

Crucial Design Issues For Special Access Technology; A Delphi Study, Pearl O'Rourke, Ray Ekins, Bernard Timmins, Fiona Timmins, Siobhan Long, Eugene Coyle

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Purpose: To develop and demonstrate a method to involve professional users of assistive technology (AT) in the development process of customisable products. Employing the ideas of user participation and mass customisation, this research addresses the need for reduced product costs and optimised product flexibility. Method: An adaptable six-question Delphi study was developed to establish consensus among AT professionals on design issues relating to a specified AT domain requiring innovation. The study is demonstrated for the special access technology (SAT) domain. A modified morphological matrix structures the application of the study results to the product design process. Results: Fourteen professionals from …

An Fda For Financial Innovation: Applying The Insurable Interest Doctrine To 21st Century Financial Markets, Eric A. Posner, E. Glen Weyl

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The financial crisis of 2008 was caused in part by speculative investment in complex derivatives. In enacting the Dodd-Frank Act, Congress sought to address the problem of speculative investment, but it merely transferred that authority to various agencies, which have not yet found a solution. We propose that when firms invent new financial products, they be forbidden to sell them until they receive approval from a government agency designed along the lines of the FDA, which screens pharmaceutical innovations. The agency would approve financial products if they satisfy a test for social utility that focuses on whether the product will …

Why The Study Of International Law Needs Experiments, Adam S. Chilton, Dustin Tingley

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No abstract provided.

Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins, Beth Simmons

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No abstract provided.

Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor

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No abstract provided.

Cinematic Jewish Women In Rural Argentina And The Representation Of Argentinidad, Mirna Vohnsen

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From the outset, Argentine cinema has played a significant role in the question of argentinidad. The historical account of how Jewish immigrants from Eastern Europe settled in the Argentine interior and became Argentines rooted in the land has not escaped Argentine film. Although period films portray Jewish female characters as nation builders alongside their male counterparts, the study of Jewish women in Argentine cinema has received little scholarly attention. In an attempt to remedy that, this article shows that the examination of the Jewish female onscreen can shed light on the controversial question of argentinidad. It examines the representation of …

Being A Dean Is A Drag . . . But Not For The Reasons You Might Expect, Kellye Y. Testy

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No abstract provided.

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

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In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Adolescent Criminal Responsibility, Proportionality, And Sentencing Policy: Roper, Graham, Miller/Jackson, And The Youth Discount, Barry C. Feld

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The Supreme Court in Roper v. Simmons 1 prohibited states from executing offenders for murders committed when younger than eighteen years of age. Roper found a national consensus existed against executing adolescents based on state statutes and jury practices. 2 The Justices also conducted an independent proportionality analysis and concluded that youths' immature judgment, susceptibility to negative peer influences, and transitory personality development reduced their culpability and precluded the most severe sentence. 3

The Youth Discount: Old Enough To Do The Crime, Too Young To Do The Time, Barry C. Feld

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In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age.1 Roper reasoned that immature judgment, susceptibility to negative influences, and transitory personalities reduced youths’ culpability and barred the most severe sentence.2 Graham v. Florida extended Roper’s diminished responsibility rationale and prohibited states from imposing life without parole (LWOP) sentences on youths convicted of nonhomicide …

A History Of Legal History Courses Offered In American Law Schools, Joan Howland

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No abstract provided.

Law Schools And The Continuing Growth Of The Legal Profession, Herbert M. Kritzer

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In most countries for which data are available, the size of the legal profession has continued to grow over the last 40 plus years. This continued growth reflects the perceived attractiveness of a career as a legal professional (i.e., the demand) and the incentives of the institutions that provide legal education, and hence serve as primary gatekeepers, to maintain or increase the number of students they enroll. In some countries, perhaps most prominently the United States, structural changes in the opportunities for careers in the legal profession are likely to put pressure on law schools that could result in changes …

"Anything Can Happen:" Interpreting The 'End' Of War, Fionnuala Ní Aoláin

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Reviewing Thomas U. Berger, War Guilt, and World Politics After World War II (2012), Larry May, After War Ends: A Philosophical Perspective (2012), and Kimberly Theidon, Intimate Enemies: Violence and Reconciliation in Peru (2012).