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Keeping (Or Losing) The Faith: Reflections On Spiritual Struggles And Their Resolution By College Seniors., Jodi Fisler, Holly Alexander Agati, Shannon Chance, Amie E. Donahue, Gregory A. Donahue, Eric J. Eickhoff, Sara E. Kolb Gastler, Joseph C. Lowder, John D. Foubert Jan 2009

Keeping (Or Losing) The Faith: Reflections On Spiritual Struggles And Their Resolution By College Seniors., Jodi Fisler, Holly Alexander Agati, Shannon Chance, Amie E. Donahue, Gregory A. Donahue, Eric J. Eickhoff, Sara E. Kolb Gastler, Joseph C. Lowder, John D. Foubert

Articles

In this qualitative study, researchers examined how college seniors experienced and resolved spiritual struggles in college. Results indicated that academic activities provided opportunities to question, learn, and grow spiritually. Although a variety of external factors influenced students' explorations of their spirituality, participants looked inward to resolve their struggles in deeply personal ways. Spiritual struggle was often manifested as a reexamination of students' pre-college values, an ongoing process for many students. Researchers identified four ways of describing students' state of resolution: (1) recommitting to an existing faith, (2) slightly readjusting their spiritual or religious values, (3) blending spiritual traditions, or (4) …


Entrepreneurial Teams: Comparing High-Growth Software Firms Through Structure And Strategy, Thomas Cooney Jan 2009

Entrepreneurial Teams: Comparing High-Growth Software Firms Through Structure And Strategy, Thomas Cooney

Articles

Purpose – The purpose of this paper is to explore hypothesis that high-growth firms founded by entrepreneurial teams use a unique combination of organic structure and emergent strategy. Design/methodology/approach – A quantitative study of 445 software development firms in the USA and 219 firms in Ireland was undertaken with a valid response rate of 22 per cent and 38 per cent, respectively. Findings – Generally, all classifications of firms in the USA and in Ireland demonstrated a combination of organic structure and emergent strategy at the beginning of their existence. As the US firms grew older they moved towards a …


Developing Consumer Subjectivity In Ireland: 1900-80, Paddy Dolan Jan 2009

Developing Consumer Subjectivity In Ireland: 1900-80, Paddy Dolan

Articles

The development of consumer subjectivity cannot be solely understood in terms of the intentions, strategies and discursive practices emanating from diverse power centres. Following Elias, and using Ireland as an empirical case, the consumer is presented as undergoing a shift along a continuum of We–I balances towards the latter pole. This occurs within the context of increasing social interdependencies, functional specialization and social integration. Through complex, unplanned social processes over time, the consumer is seen more individualistically. I conclude by suggesting that there are opportunities to synthesize figurational and Foucauldian approaches to consumer subjectivity once long-term social change is prioritized.


The Supremacy Of Ec Law In Ireland, Elaine Fahey Jan 2009

The Supremacy Of Ec Law In Ireland, Elaine Fahey

Articles

No abstract provided.


Building The Bottom Up From The Top Down, A. Michael Froomkin Jan 2009

Building The Bottom Up From The Top Down, A. Michael Froomkin

Articles

"Bottom up" governance. "Self-organization." These are among the most talismanic virtue-words of modern political discourse. Yet the reality is that in politics, "self-organization" is rare, being hard to initiate and even harder to sustain. As Oscar Wilde once complained about socialism, it "requires too many evenings." Governance as we tend to know it depends primarily on hierarchical institutions, or on close coordination within small groups. True partnerships, conversations among engaged equals, do not seem to scale. Indeed, whether one believes the fundamental problem to be something about the economics of group formation, the iron law of oligarchy, or something in …


The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg Jan 2009

The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg

Articles

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …


Toward A New Approach To Disability Law, David A. Weisbach Jan 2009

Toward A New Approach To Disability Law, David A. Weisbach

Articles

This Article argues that a new approach to the laws governing disabilities is needed. Existing approaches, largely based on the "social model" of disabilities are unable to answer basic questions, such as the extent to which resources should be devoted to the disabled. The Article argues that basing disability policy directly on welfarist theories of distributive justice offers a better approach and begins the task of developing what such an approach would look like. Under a welfarist approach, policy toward the disabled depends on how a given disability affects the well-being of an individual. Under reasonable assumptions, redistribution toward individuals …


The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein Jan 2009

The Disintegration Of Intellectual Property - A Classical Liberal Response To A Premature Obituary, Richard A. Epstein

Articles

This Article plays off the title of Thomas Grey's well-known article, The Disintegration of Property, which argued in part that the ceaseless consensual fragmentation and recombination of property rights revealed some inner incoherence of the underlying private property institutions. I take the opposite position and treat this supposed disintegration of private property as evidence of its robust nature, not only for land but for all forms of intellectual property. Low transaction costs facilitate the creation of efficient regimes of property rights. I use this framework to critique modern intellectual property rights cases that limit the use of injunctive relief in …


Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker Jan 2009

Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker

Articles

This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court, (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes, (3) liberalization reduces the government's ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …


The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly Jan 2009

The Civilizing Of Hurling In Ireland, Paddy Dolan, John Connolly

Articles

This essay examines the sport of hurling in Ireland through the theoretical framework of sport and leisure developed by Elias and Dunning. Through an analysis of newspaper reports of games, of rulebooks and codes of play, as well as historical data on increasing social differentiation and integration, we argue that hurling has undergone sportization and civilizing processes. However, due to the unevenness of wider figurational shifts these processes have been non-linear and fragile. Gradually, we see increasing numbers of rules, as well as increasing severity of punishment for the breaking of specific rules relating to violent play. The level and …


The Entrepreneurial Motivations Of Nonemployer Entrepreneurs, Richard Demartino, Robert Barbato, Paul Jacques Jan 2009

The Entrepreneurial Motivations Of Nonemployer Entrepreneurs, Richard Demartino, Robert Barbato, Paul Jacques

Articles

No abstract provided.


Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham Jan 2009

Recognizing The Problem Of Solidarity: Immigration In The Post-Welfare State, David Abraham

Articles

No abstract provided.


Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook Jan 2009

Gun Control After Heller: Threats And Sideshows From A Social Welfare Perspective, Jens Ludwig, Adam M. Samaha, Philip J. Cook

Articles

What will happen after District of Columbia v. Heller? We know that five justices on the Supreme Court now oppose comprehensive federal prohibitions on home handgun possession by some class of trustworthy homeowners for the purpose of, and maybe only at the time of, self-defense. Perhaps the justices will push further and apply Heller's holding to state and local governments via the Fourteenth Amendment. But the majority opinion in Heller offered limited guidance for future cases. It did not follow a purely originalist method of constitutional interpretation, nor did it establish a constraining doctrinal framework for evaluating firearms regulation-although the …


A Traditionalist Case For Gay Marriage, Dale Carpenter Jan 2009

A Traditionalist Case For Gay Marriage, Dale Carpenter

Articles

I will present here the outline of an argument for same-sex marriage within a particular school of conservatism. Let's call it traditionalism or Burkeanism, after the eighteenth century British statesman and writer Edmund Burke. It is important, I think, to note at the outset what I am not talking about. I am not talking about libertarianism. It is not economic conservatism. It is not neo-conservatism. It is not religious conservatism. And it is not compassionate conservatism.


Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday Jan 2009

Protecting Them From Themselves: The Persistence Of Mutual Benefits Arguments For Sex And Race Inequality, Jill Elaine Hasday

Articles

Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions. The argument posits that women and people of color attempting to secure expanded rights and opportunities do not understand their own best interests and do not realize that they benefit from limits on their prerogatives and choices. Indeed, proponents of this argument insist that restricting the rights and opportunities available …


Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer Jan 2009

Empirical Legal Studies Before 1940: A Bibliographic Essay, Herbert M. Kritzer

Articles

The modern empirical legal studies movement has well-known antecedents in the law and society and law and economics traditions of the latter half of the 20th century. Less well known is the body of empirical research on legal phenomena from the period prior to World War II. This paper is an extensive bibliographic essay that surveys the English language empirical legal research from approximately 1940 and earlier. The essay is arranged around the themes in the research: criminal justice, civil justice (general studies of civil litigation, auto accident litigation and compensation, divorce, small claims, jurisdiction and procedure, civil juries), debt …


From Banners To Youtube: Using The Rear-View Mirror To Look At The Future Of Internet Advertising, Susan Barnes, Neil Hair Jan 2009

From Banners To Youtube: Using The Rear-View Mirror To Look At The Future Of Internet Advertising, Susan Barnes, Neil Hair

Articles

In twelve short years, Internet advertising has evolved from banners to experiential promotions. In the beginning advertisers viewed the Internet in similar ways as they considered traditional media (television, newspaper, magazines). The idea of using a new medium like an older one, was described by McLuhan's concept of the rear view mirror. This article describes the history of Internet advertising from 1994 to 2006 by looking back to understand the future direction of Internet advertising.


Gender And The Rule Of Law In Transitional Societies, Fionnuala Ní Aoláin, Michael Hamilton Jan 2009

Gender And The Rule Of Law In Transitional Societies, Fionnuala Ní Aoláin, Michael Hamilton

Articles

This article examines a unique relationship—specifically, the connection between the rule of law, as it is imported and experienced in post-conflict/post-repression societies, and gender. We assert that some of the most gendered and problematic dimensions of rule of law discourse and practice can arise with intensity in post-conflict or post-repressive societies. In particular, we explore a fundamental contradiction. Transitional societies bring powerful and transformative moments to global attention.


“He Would Kill Me With His Penis”: Genocidal Rape In Rwanda As A State Crime, Christopher W. Mullins Jan 2009

“He Would Kill Me With His Penis”: Genocidal Rape In Rwanda As A State Crime, Christopher W. Mullins

Articles

Only recently have critical criminologists begun a systematic exploration of genocide, war crimes and crimes against humanity as state crimes (Kramer and Michalowski 2005; Mullins and Rothe 2008; Haveman and Smeulers 2008). This paper contributes to that growing literature through examining the nature and dynamics of sexual violence as it occurred during the 1994 Rwandan genocide. It draws upon empirical examination of events depicted in transcripts of trials held before the International Criminal Tribunal for Rwanda. It qualitatively examines the role of leaders in producing mass sexual assaults. It explores how sexual mutilations were more intense expressions of what the …


Toward A Criminology Of International Criminal Law: An Integrated Theory Of International Criminal Violations, Dawn L. Rothe, Christopher W. Mullins Jan 2009

Toward A Criminology Of International Criminal Law: An Integrated Theory Of International Criminal Violations, Dawn L. Rothe, Christopher W. Mullins

Articles

Violations of international criminal law (i.e., genocide, crimes against humanity, and war crimes) are a common occurrence around the globe. One need only to read international news, visit intra‐governmental (e.g., United Nations or the International Committee Red Cross), or nongovernmental organizations (e.g., Human Rights Watch or Amnesty International) to be exposed to the vast numbers of crimes of states, paramilitaries, and/or militias. Nonetheless, there has been relatively little attention paid to these types of offenses by criminologists. While there have been developments in creating typologies (Smeulers, 2008) and predictive models for genocide (Harf, 2005), due to the complexities and various …


Assessing University Strategic Plans: A Tool For Consideration, Shannon Chance, Brenda T. Williams Jan 2009

Assessing University Strategic Plans: A Tool For Consideration, Shannon Chance, Brenda T. Williams

Articles

This article explores the use of rubrics as tools for assessing the quality of university-developed strategic plans. While tools exist for assessing the quality of the planning process, such tools are not readily available for assessing the resulting product or the overall quality of the plan itself. Specifi cally, a rubric is described that has been designed and fi eld-tested for the purpose of evaluating the strategic planning document produced at the university level. This approach builds upon outcome assessment methods developed in the business sector and proposes a tool tailored for use in higher education.


Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave Jan 2009

Only Yesterday: The Rise And Fall Of Twentieth Century Sexual Psychopath Laws, Tamara Rice Lave

Articles

No abstract provided.


The Two Faces Of Lawyers: Professional Ethics And Business Compliance With Regulation, Christine E. Parker, Robert E. Rosen, Vibeke Lehmann Nielsen Jan 2009

The Two Faces Of Lawyers: Professional Ethics And Business Compliance With Regulation, Christine E. Parker, Robert E. Rosen, Vibeke Lehmann Nielsen

Articles

No abstract provided.


Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.


Rebellious Knowledge Production, Academic Activism, & Outsider Democracy: From Principles To Practices In Latcrit Theory, 1995 To 2008, Francisco Valdes Jan 2009

Rebellious Knowledge Production, Academic Activism, & Outsider Democracy: From Principles To Practices In Latcrit Theory, 1995 To 2008, Francisco Valdes

Articles

No abstract provided.


Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr. Jan 2009

Root And Branch: Contexts Of Legal History In Alabama And The South, Paul M. Pruitt Jr.

Articles

No abstract provided.


The Economic Roots Of Domestic Violence, Donna Coker Jan 2009

The Economic Roots Of Domestic Violence, Donna Coker

Articles

No abstract provided.


Taking The Literary Turn, Patrick O. Gudridge Jan 2009

Taking The Literary Turn, Patrick O. Gudridge

Articles

No abstract provided.


The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James Jan 2009

The Declining Significance Of Presidential Races?, Angela Onwuachi-Willig, Osamudia R. James

Articles

No abstract provided.


The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman Jan 2009

The Coke Side Of Life:An Exploration Of Pre-Schoolers' Constructions Of Product And Selves Through Talk-In-Interaction Around Coca-Cola, Olivia Freeman

Articles

Abstract Purpose – This paper proposes the activity-based focus group as a useful method with which to generate talk-in-interaction among pre-schoolers. Analytically, it aims to illustrate, how transcribed talk-in-interaction can be subjected to a discourse analytic lens, to produce insights into how pre-schoolers use ‘Coca-Cola’ as a conversational resource with which to build product-related meanings and social selves. Design/methodology/approach - Fourteen activity-based discussion groups with pre-schoolers aged between two and five years have been conducted in a number of settings including privately run Montessori schools and community based preschools in Dublin. The talk generated through these groups has been transcribed …