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Articles 721 - 750 of 1579
Full-Text Articles in Entire DC Network
Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri
Big Law And Risk Management: Case Studies Of Litigation, Deals, And Diversity, Anthony V. Alfieri
Articles
No abstract provided.
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Integrating Into A Burning House: Race- And Identity-Conscious Visions In Brown's Inner City, Anthony V. Alfieri
Articles
No abstract provided.
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long
Articles
No abstract provided.
Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt
Reducing Mass Incarceration: Lessons From The Deinstitutionalization Of Mental Hospitals In The 1960s, Bernard E. Harcourt
Articles
No abstract provided.
Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles
Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles
Articles
The recent growth of empirical scholarship in law, which some have termed "empirical legal studies," has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common prediction is that academic collaboration rises with scholarly specialization. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribution. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the top fifteen law …
Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan
Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan
Articles
In the context of consumerism, individualism and the privatisation of young people’s leisure, youth work struggles to attract young people, especially those aged 15 to 9 years. Drawing from a study exploring young people’s perspectives on participation in youth services, it is argued that youth work offers a type of public and civic engagement that is not on offer from consumption-based activities. While certain activities attract young people into youth work, what maintains their participation is the sense of belonging they experience and the opportunity to participate meaningfully in decision making. In this regard the youth work sector needs to …
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Interdisciplinary Methods In Water Resources, Maureen Laflin, Barbara Cosens
Articles
No abstract provided.
Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart
Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart
Articles
In recent years a significant amount of the literature in the field of librarianship has focused on providing greater access to library facilities to clients with disabilities. There has been constructive debate about accessible buildings, ergonomic design of library facilities, and assistive technologies; but, what of individual people with disabilities who wish to work in libraries? Does the concern for accessibility extend to their employment in the library workplace? What is happening in Irish academic libraries to accommodate them in their employment and achieve equality of opportunities?
Regulation For The Sake Of Appearance, Adam M. Samaha
Regulation For The Sake Of Appearance, Adam M. Samaha
Articles
Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …
The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer
The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer
Articles
This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the …
Rights, Responsibilities, And Roles: A Comment On Waldron, Brian H. Bix
Rights, Responsibilities, And Roles: A Comment On Waldron, Brian H. Bix
Articles
In his Edward J. Schoen Leading Scholar Lecture, "Dignity, Rights, and Responsibilities," Jeremy Waldron raises important issues regarding the connections between rights and responsibilities and rights and dignity. In this brief comment, I focus on the first set of connections - Waldron’s claim that "some rights actually are responsibilities" - examining in particular, the analytical claim he offers regarding a certain subset of rights. The paper ultimately concludes that Waldron’s argument that there is a type of right that is equivalent to a responsibility remains a provocative but not (yet) fully persuasive idea. Likely examples, like those involving a parent …
Strategies For An Employee Role In Corporate Governance, Brett Mcdonnell
Strategies For An Employee Role In Corporate Governance, Brett Mcdonnell
Articles
One way to make U.S. corporations more sustainable is to broaden the group of stakeholders whose interests are considered in making decisions. This Essay evaluates a number of possible strategies for creating a role for employees in corporate governance. The strategies include: Using areas other than business association law to enhance the legal rights of individual employees; Encouraging officer or director power, hoping that officers and directors will side with employees and other interests more than shareholders; Encouraging shareholder power, hoping that employees agree with shareholders on the need to keep managers accountable; Supporting unions as a source of countervailing …
Using An Adaptive Scenarios Approach To Establish Strategies For Tomorrow’S Workplace, Ruth Saurin, John Radcliffe
Using An Adaptive Scenarios Approach To Establish Strategies For Tomorrow’S Workplace, Ruth Saurin, John Radcliffe
Articles
This paper aims to demonstrate that it is important to have a methodological process that is reflexive and flexible to achieve fluid interactions that add rigour and energy to the overall process of a built environment project. Therefore, it outlines three phases of the Prospective Through Scenarios futures process used in a study called the “Workplace of the Future”. It also discusses how and why the methodology evolved during the course of the project with participant feedback as the main source of information for the analysis. Furthermore, novel qualitative futures techniques have been applied to a discipline that is usually …
Special Issue On International Criminal Law: Editorial, Charles C. Jalloh
Special Issue On International Criminal Law: Editorial, Charles C. Jalloh
Articles
No abstract provided.
The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow
The Rise In Elder Bankruptcy Filings And The Failure Of U.S. Bankruptcy Law, John A. E. Pottow
Articles
Recent empirical legal scholarship on the consumer bankruptcy system has uncovered a marked rise in the proportion of elder Americans filing for relief under the Bankruptcy Code. But these studies have not probed the reasons behind that rise, an omission this Article seeks to address. Professor John Pottow and colleagues recently assembled the new dataset of the Consumer Bankruptcy Project (CBP), the largest national sample of consumer debtors in this country, which he uses to explore the sources of elder bankruptcy. The findings are both striking and ominous. While multiple factors, such as health problems and medical debts, contribute to …
Bayesian Inference For Exponential Random Graph Models, Alberto Caimo, Nial Friel
Bayesian Inference For Exponential Random Graph Models, Alberto Caimo, Nial Friel
Articles
Exponential random graph models are extremely difficult models to handle from a statistical viewpoint, since their normalising constant, which depends on model parameters, is available only in very trivial cases. We show how inference can be carried out in a Bayesian framework using a MCMC algorithm, which circumvents the need to calculate the normalising constants. We use a population MCMC approach which accelerates convergence and improves mixing of the Markov chain. This approach improves performance with respect to the Monte Carlo maximum likelihood method of Geyer and Thompson (1992).
Leisure Space Reflecting Changing City Demography: Tracking The Phase Of An International Quarter Development In Parnell Street East, Dublin, Ziene Mottiar, Lucia Walsh
Leisure Space Reflecting Changing City Demography: Tracking The Phase Of An International Quarter Development In Parnell Street East, Dublin, Ziene Mottiar, Lucia Walsh
Articles
Ireland has undergone significant economic and social change and with highlevels of immigration there are now more than 100 different nationalities livingin Dublin city. The broad question is has the leisure space in the city adapted toreflect the increasingly multicultural Dublin population? The particular topic ofconcern in this research note is to track the development of Parnell Street Eastarea from its emergence as an Asian enclave, to efforts by immigrant entrepreneursto create a Chinatown, to the more recent Dublin County Council policyof developing it as an international quarter. This is the first part of the largerongoing study and this paper …
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker
Articles
No abstract provided.
The Move From Protectionism To Outward-Looking Industrial Development: A Critical Juncture In Irish Industrial Policy?, Paul Donnelly, John Hogan
The Move From Protectionism To Outward-Looking Industrial Development: A Critical Juncture In Irish Industrial Policy?, Paul Donnelly, John Hogan
Articles
This paper utilises a new framework for examining critical junctures to help us understand whether the changes to Irish industrial policy at the end of the 1950s constituted a critical juncture, breaking cleanly with what came before, or were a continuation of policy pathways previously established. The framework is made up of three elements, which must be identified in sequence, for us to be able to declare a critical juncture. Irish industrial policy is examined here, as it constitutes a core tenet of wider economic policy.
Reflections On Class In American Legal Education, Richard O. Lempert
Reflections On Class In American Legal Education, Richard O. Lempert
Articles
Professor Richard Sander's Class in American Legal Education is an almost unique effort to examine empirically the social class origins of American law school students and to relate law student class origins to law school stratification, the class structure of American society and the potential law school applicant pool. His effort, and the special attention he gives to the class composition of elite law schools comes perhaps at a fortuitous time in the history of American legal education. The law degree, like the medical degree, has long been a route for upward mobility in American society. But the access of …
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Articles
No abstract provided.
The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
The Once And Future Equal Protection Doctrine?, Mario L. Barnes, Erwin Chemerinsky
Articles
This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating constitutional discrimination claims. With regard to the meaning of equality, we assert that if the text of the Reconstruction Amendments and the stated goals of Reconstruction are used to inform constitutional analysis, then equality should be understood as a substantive rather than formalist concept. Reconstruction, however, was …
Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy
Best Practices For Hiring And Retaining A Diverse Law Faculty, Kellye Y, Testy
Articles
As with all institutions, the history, character, identity, and accomplishments of each law school are the direct result of its people and their acts. For that simple reason, diversity is critical; it goes to the very core of what the institution is and what it does. With legal institutions, in particular, diversity plays a critical role in shaping the perception of the institution held by persons outside of it. In order for our system of law to function as the bedrock of our democratic society that it aims to be, legal institutions must be perceived as fair and just. If …
Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan
Articles
Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …
Legal Education For The Future: Global Perspectives, Daniel H. Foote
Legal Education For The Future: Global Perspectives, Daniel H. Foote
Articles
This is a report on "FutureEd 2: Making Global Lawyers for the 21st Century," a conference on legal education held at Harvard Law School (HLS) on October 15-16, 2010, In which this author had the opportunity to participate. The conference was the second In a series of three conferences jointly organized by HLS and New York Law School (NYLS). The first conference was held at NYLS in April 2010; the third and final conference was held at NYLS, in April 2011．The goals of the conferences were to stimulate thinking and research about the future of legal education; to promote concrete …
Organizational Centralization As Figurational Dynamics: Movements And Counter-Movements In The Gaelic Athletic Association, John Connolly, Paddy Dolan
Organizational Centralization As Figurational Dynamics: Movements And Counter-Movements In The Gaelic Athletic Association, John Connolly, Paddy Dolan
Articles
In this paper we develop aspects of Elias’s figurational approach within organisational studies by using some of the core theoretical constructs as a model to explain organisational change through an empirical investigation of the dynamics of centralisation–decentralisation processes in an Irish sports organisation. Based on historical analysis, the paper documents the expanding interdependencies, figurational dynamics and shifting power balances which led to a gradual, non-linear movement towards greater integration and centralisation within the organisation.
The Innocence Rights Of Sentenced Offenders, Mary Rogan
The Innocence Rights Of Sentenced Offenders, Mary Rogan
Articles
Civil orders which take effect after a person has been released from a sentence of imprisonment have become more common features of Irish law. Despite representing a major departure from the principle that when a person has served a sentence the state has no further „call‟ on that person, such orders have received limited attention. This article examines some of these new orders, in particular section 26 and section 26A of the Criminal Justice Act 2007. It argues that these orders should be of concern, suggesting that they are likely to act as barriers to reintegration of ex-prisoners, represent a …
Career Success Investigation, Sue Mulhall
Career Success Investigation, Sue Mulhall
Articles
This paper investigates how researchers have responded to requests to encourage a broader definition of career success by conducting research with underrepresented groups. It investigates the sample populations that are researched, and the type of work experience that is studied, by reviewing 89 articles in journals concerned with the construct of career success from 1992 to 2009. The paper finds that such research principally focuses on managers, professionals and administrators, and the work-related experience considered is almost exclusively situated in the domain of paid employment, particularly full-time employment. It argues that the definition of career success tends to only relate …
A Comparative Examination Of The Nature Of Change In Macroeconomic Policies, John Hogan
A Comparative Examination Of The Nature Of Change In Macroeconomic Policies, John Hogan
Articles
This article examines the impact of economic crises on macroeconomic policies in Ireland in the late 1950s and Sweden in the early 1980s, framed within the context of the policy change literature. Each of these countries‟ responses to the crises affecting them, tempered as they were by historical and political factors, provides valuable insights into their political economies. These findings enable us to compare and contrast the nature of each crisis and the policy responses adopted. The value of such comparison is in the perspective it offers, contributing to the goal of building a body of increasingly complete explanatory theory …
Reporting The Rhetoric, Implementation Of The United Nations Convention On The Rights Of The Child As Represented In Ireland's Second Report To The Un Committee On The Rights Of The Child: A Critical Discourse Analysis, Rachel Kiersey, Noirin Hayes
Reporting The Rhetoric, Implementation Of The United Nations Convention On The Rights Of The Child As Represented In Ireland's Second Report To The Un Committee On The Rights Of The Child: A Critical Discourse Analysis, Rachel Kiersey, Noirin Hayes
Articles
Ireland’s second periodic report to the United Nations Committee on the Rights of the Child (CRC) presents the government’s case that it is succeeding in protecting and promoting the rights of all children in Ireland. This article presents a critical discourse analysis of the governments Report to the CRC. Using a refined critical discourse analysis (CDA) model, based on the framework proposed by Chouliaraki & Fairclough (1999); the linguistic structure of the Report is examined alongside consideration of the wider socio-political context in which it exists. The Report is itself a promotional genre . It lists legislative change, strategy plans …