Digital Commons Network^™

Social Enterprise:An Untapped Resource, Gerard Doyle

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No abstract provided.

False Dichotomies, Facts And Values, And The Snares Of Objectivism: Planning For Leisure From An Experiential Perspective?, Ross Neville

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Despite the fact that the experiential perspective has had a profound impact on the way we view leisure behaviour, experiential matters have been renounced for being overtly subjective. As a corollary, experiential matters have been castigated for their inability to offer concrete criteria for leisure policy and the provisions of services. This paper argues that this dismissal of experiential matters is based on an overinflated dichotomy – the fact/value dichotomy – and that, by valorising objectivist approaches to managing leisure resources, experiential matters have become nothing more than a policy-making faux pas. The paper argues that while experiential matters bring …

The Inevitability Of Theory, Richard O. Lempert

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I wrote this Article in response to an invitation to deliver the keynote address at Berkeley Law School’s Jurisprudence and Social Policy conference Building Theory Through Empirical Legal Studies. Lauren Edelman, the intellectual mother of the conference, gently brushed aside my suggestion that I present one of my own attempts to synthesize the results of empirical research to generate theory, and asked that I directly address the conference topic. I am glad that she did.

Constructing And Disrupting Ireland's Industrial Development Authority, Paul Donnelly

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Actor-network theory is considered to have great potential for broadening and deepening our grasp of institutional work (LAWRENCE; SUDDABY, 2006). Given its focus on process, ANT offers a means to breathe life into the practices associated with institutionalization. With Callon’s (1986) four moments of translation as analytical lens, and with Ireland’s Industrial Development Authority as empirical example, I seek to address the concerns of Clegg and Machado da Silva (2009) by reconsidering “the role of agency, power, persistence and change in the process of institutionalization”.

Arís Is Arís Eile: Scéalta Mar Ais Teanga Sa Naíonra, Maire Mhic Mhathuna

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Achoimre Déantar cur síos san alt seo ar ról na scéalta agus na leabhar mar áis fhoghlamtha teanga is scéalaíochta sa naíonra Gaelach. Déantar anailís ar an teoiric a bhaineann le forbairt na teanga is na scéalaíochta féin sa chéad is sa dara teanga. Deineadh cluastaifeadadh ar na seisiúin scéalaíochta i naíonra Gaelach amháin gach coicís ar feadh sé mhí. Scagadh na hathscríbhinní chun féachaint cén modh scéalaíochta a bhí in úsáid ag na stiúrthóirí is cén dul chun cinn a bhí á dhéanamh ag na páistí. Tugtar cuntas anseo ar na straitéisí scéalaíochta a bhí in úsáid ag na …

Citizenship Perception Strain In Cases Of Crime And War: On Law And Intuition, Mary De Ming Fan

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The jurisprudence on crime and war has repeatedly indicated that citizenship matters in determining the scope and applicability of constitutional protections. Just how citizenship matters and what vision of the citizen controls have been murky, however. A rich literature has developed deploring how the nation and the jurisprudence have appeared to slip beneath the baseline of protections when faced with formal citizens who challenge our popular notions about what citizens look like, feel like, and do. What warrants further examination is why this may be so. Understanding the processes that may blur the doctrine and lead to slippage in citizenship …

Sensitivity Of Wtp Estimates To Definition Of 'Yes': Reinterpreting Expressed Response Intensity, Mimako Kobayashi, Kimberly Rollins, M. D. R. Evans

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Willingness to pay (WTP) estimation typically involves some strategy for mapping nondichotomous contingent valuation (CV) responses onto a dichotomous yes/no dependent variable. We propose a new approach to selecting which responses qualify as ‘yes.’ We apply the proposed method to polychotomous CV data for preventative land management programs in the Great Basin. We also estimate WTP using other methods of response recoding found in the literature. By contrasting the results under different approaches, we demonstrate how and why WTP point estimates vary across recoding methods and discuss the comparative advantages of our more generalized recoding approach that is based on …

The Death Of State Sovereignty? An Empirical Exploration, Dawn L. Rothe, Christopher W. Mullins

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As academics have become increasingly interested in globalization, scholars in many fields have turned their attention to theorizations of the state and state power. Admittedly, most criminologists have paid relatively attention to theories of the state, its function, role, or issues of sovereignty (save for Barak, 1991; Chambliss and Zatz, 1993; Friedrichs, 1992; Michalowski and Kramer, 1987; Mullins and Rothe, 2008; Rothe and Mullins, 2006, 2007, 2008). With the growing criminological interest in and focus on transnational crimes (Friedrichs, 2007), crimes of globalization (Friedrichs and Friedrichs, 2002; Rothe, Mullins, and Muzzatti, 2006; Rothe, Mullins and Sandstrom, 2008), and crime of …

Beyond The Juristic Orientation Of International Criminal Justice: The Relevance Of Criminological Insight To International Criminal Law And Its Control, Dawn L. Rothe, Christopher W. Mullins

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This article draws attention to the relevance of criminological insight on issues of international criminal law and criminal justice. In particular, the ideology and theory of deterrence, legitimacy, and international criminal law are drawn from. After all, the deterrent effect has been touted as a solid empirical fact with the progression and development of 'international criminal justice', the international tribunals since the mid 1990s, and the International Criminal Court. Yet, the current rather blind belief in the deterrent impact of international criminal justice remains, regretfully, a bit premature. Additionally, beyond the concepts of deterrence and legitimacy, criminologists have much to …

Reseacher As Whistleblower: The Ethical Challenges Posed By Sensitive Research, Tom Clonan

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This paper will explore the complex ethical issues raised when ‘non traditional’ insider research is conducted in sensitive and secretive workplace settings. The paper will outline the experiences of the author between 1996 and 2000 - as a Captain in the Irish Army - when he conducted PhD research into the status and roles assigned female personnel in the Irish military. This research uncovered evidence of the widespread bullying, harassment, sexual harassment and sexual assault of female soldiers, sailors and air crew in the Irish military. The paper will address a number of ethical issues as they apply to the …

Contribution Of Tertiary Education To Human Capital Development, Labour Market And Skills In The State Of Victoria, Australia, Ellen Hazelkorn

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This chapter examines how effectively TAFE Institutes and universities in the State of Victoria contribute to meeting the social and economic needs of the population in terms of opportunities to study and relevance of the qualifications offered. It identifies some key achievements and areas for improvement. The chapter closes with a series of recommendations that include the need for a greater system approach to tertiary education in order to support sustainable regional development and the role that the State of Victoria can play in this strategy.

Care-Givers, Leisure And The Meaning Of Home: A Case Study Of Low Income Women In Dublin, Bernadette Quinn

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This article seeks to contribute to the literature on the meanings of domestic spaces by furthering understandings of the sorts of roles that space plays in shaping women’s leisure experiences. The study researched a group of 15 women who live in disadvantaged areas of Dublin city and care for dependent children. Focus groups and structured conversations revealed the poverty of the spatial capital available to these women, depicting local environments as difficult and stressful, and to be endured rather than enjoyed. They further revealed the extent to which the women’s lives were shaped by their obligations as care-givers. Within the …

The Benefits Of Holidaying For Children Experiencing Social Exclusion: Recent Irish Evidence, Bernadette Quinn, Jane Stacey

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There is a general assumption in contemporary society that holidaying is beneficial in many ways. Yet, even in affluent societies, access to holidaying opportunities continues to be constrained by a variety of factors relating to inter alia income, gender, health and race. This is problematic because it means that sizeable minorities within advanced societies are being denied the benefits that researchers have attributed to the practice of holidaying. Recently, there has been a renewed interest in problematising the exclusionist nature of holidaying with researchers arguing that a lack of holiday opportunities may compound social deprivation, reinforce social problems and heighten …

Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz

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Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area.: crime. This Article proposes and examines the use of prediction markets to forecast crime rates and the potential impact on crime policy, such as changes in resource allocation, policing strategies, sentencing, post-conviction treatment, and so on. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis because information relevant to decisionmakers is voluminous, dispersed, and difficult to process efficiently. After surveying the current forecasting practices and techniques, …

Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter

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No abstract provided.

The Civilizing And Sportization Of Gaelic Football In Ireland: 1884–2009, John Connolly, Paddy Dolan

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Over the course of the last 125 years the sport of Gaelic football in Ireland has undergone a sportization and civilizing process as the rules governing the sport became stricter and players developed greater levels of self-control. However, the civilizing of Gaelic football was a particularly fragile and uneven process. The growing social desire to diminish displays of violence was moderated by ambivalence towards violence. Gradually the external social controls on players increased and, greater and more stable levels of internalization occurred reflected by more advanced levels of player self-restraint in the control of violence. At the same time the …

Iqbal, Twombly, And The Expected Cost Of False Positive Error, Mark Anderson

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Iqbal and Twombly introduced a new standard for pleading federal claims by overruling five-decades old language from Conley v. Gibson. Instead of plaintiffs being entitled to discovery unless the complaint affirmatively forecloses the possibility of recovery, Iqbal and Twombly require a more searching evaluation of the complaint under an ambiguous "plausibility" standard. The policy behind this increased burden on plaintiffs is to prevent the false positive error that burdensome discovery creates. How the plausibility standard from Iqbal and Twombly should operate in the real world is poorly understood. There is general acknowledgement that no clear guidance exists about how to …

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

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No abstract provided.

The Right To Counsel In Juvenile Court: Law Reform To Deliver Legal Services And Reduce Justice By Geography, Barry Feld, Shelly Schaefer

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No abstract provided.

The Social, Psychological, And Political Causes Of Racial Disparities In The American Criminal Justice System, Michael Tonry

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No abstract provided.

Examining The Real Demand For Legal Services, Herbert M. Kritzer

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Legal needs studies repeatedly show that low and modest income Americans obtain legal assistance for only a small percentage of their legal needs. This is taken to demonstrate a failing of the American justice system. However, relying on several older studies and research conducted outside the United States, one finds that there is little relationship between income and obtaining legal assistance once one controls for type of legal problem (and amount at stake). This paper argues that in thinking about legal needs, one must have a realistic baseline and the simple count of legal problems does not provide that baseline; …

Phenomenological Views And Analysis Of Culinary Arts Student Attitudes To National And International Internships: The “Nature Of Being” Before, During, And After International Internship, Frank Cullen

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This article presents the results of research conducted between 2006 and 2007 as part of a 4-year study on culinary internships. The article explores what can be described as the culinary life, developing a picture of working in a kitchen. It then compares and contrasts the work of key writers in the area of internship. Phenomenological views are provided and quantitative data analyzed from the 2006 and 2007 cohorts of students studying for a bachelor of arts in culinary arts to establish their attitudes toward international internships. The research found that gaps existed between the attitudes of the 2006 and …

The Context Matters: Understanding The Evolution Of Finnish And Irish Entrepreneurship Policies, Jarna Heinonen, Ulla Hytti, Thomas M. Cooney

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Purpose – The paper aims to describe the manner in which entrepreneurship policies are embedded in the national contexts and then through analysis offers a deeper understanding of the development of Finnish and Irish entrepreneurship policies. It seeks to focus on three questions: What is the context for entrepreneurship policies in the studied countries?; What kind of governance structure for entrepreneurship policy can be identified and derived from theoretical perspectives?; and What policy instruments and content are associated with governance rationale?

Design/methodology/approach – The empirical data involve primary data on national entrepreneurship policy documents illustrating the governance structure for policy …

No Longer, But Not Yet: Tweens And The Mediating Of Liminal Selves Through Metaconsumption, Kevina Cody, Katrina Lawlor, Pauline Mcclaren

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Using the anthropological theory of liminality as a lens of analysis, the following paper outlines specific elements of a research project exploring the consumer culture of a liminal group – tweens. The lived experience of a tween is explored using a multi-method approach incorporating personal diaries, in-depth interviews and accompanied shopping trips. Outcomes of one aspect of this longitudinal research project – the theory of metaconsumption - are presented, suggesting an important divergent theoretical path from the ‘effects’ - dominated consumer socialization approach to researching young people and their relationships with consumption. We conclude that those in a shadowed reality, …

Talk The Talk, But Walk The Walk: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Jean Stefancic

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No abstract provided.

Rodrigo's Reconsideration: Intersectionality And The Future Of Critical Race Theory, Richard Delgado

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No abstract provided.

Living History Interview Comment, Richard Delgado, Jean Stefancic

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No abstract provided.

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

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No abstract provided.

Law And The Social Control Of American Capitalism, William J. Novak

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This Essay is part of a larger, ongoing investigation of the role of law in the creation of a modern American state from 1877 to 1932. That project charts the decline of an early nineteenth-century world of local, common law self government (what I called in a previous work a “well-regulated society”) and the rise of a distinctly modern administrative regulatory state in the United States. This new legal-political regime was rooted in three interlinked developments: the centralization of public power; the individualization of private right; and the constitutionalization of the rule of law. Beginning soon after the Civil War, …

The Basic Law At 60 - Equality And Difference: A Proposal For The Guest List To The Birthday Party, Susanne Baer

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The German constitution, named "Basic Law", has proven to work although many did not believe in it when it was framed. Others emphasize desiderata. Sabine Berghahn commented at the 50th birthday that it has developed "far too slowly and [some] has even gone completely wrong." ' Jutta Limbach, former President of the Federal Constitutional Court, observed that constitutional history was "anything but regal, but very difficult and full of obstacles. '' 2 Former Chancellor Willy Brandt famously called the constitution "a snail on thin ice." So what is missing when we analyze the Basic Law, and what should be finally …