Digital Commons Network^™

Left Hand, Third Finger: The Wearing Of Wedding (Or Other) Rings As A Form Of Assertive Conduct Under The Hearsay Rule, Peter Nicolas

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No abstract provided.

The Treaty Of Lisbon And The Reformed Jurisdictional Powers Of The European Court Of Justice In The Field Of Justice And Home Affairs., Stephen Carruthers

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This Article analyses the jurisdictional powers of the Court of Justice of the European Union (CJEU) in respect of Justice and Home Affairs (JHA) measures both under pre-Lisbon Title VI TEU and post-Lisbon under Title V of Part Three TFEU. In Part one, it assesses the deficiencies of the pre-Lisbon system. In particular it analyses the negative consequences for legitimacy arising from the restrictions on justiciability in respect of pre-Lisbon JHA measures in light of case law of the CJEU and the European Court of Human Rights. In Part two, it outlines the genesis and substance of the reforms in …

Gender Differences In Children’S Internet Use:Key Findings From Europe, Helen Mcquillan, Brian O'Neill

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This paper analyses comparative empirical data from across Europe on gender differences in children’s internet use, and through a new interpretive framework on young people’s experiences, seeks to add new findings to this growing international knowledge base. Linking feminist theory on gender and technology with theories of youth gender identity construction, four key areas are investigated. Firstly, the impact of increased internet access and use in schools and in homes on gender equality is examined. Secondly, youth communication and content creation practices are investigated to explore whether the internet is facilitating flexibility in gender identity and the transcendence of traditional …

Focusing On Process And History: Path Dependence, Paul Donnelly

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In recognition of the calls for more processual and historically informed organizational theorizing, this chapter considers the notion of path dependency, an approach which holds that a historical path of choices has the character of a branching process with a self-reinforcing dynamic such that preceding steps in a particular direction induce further movement in the same direction, thereby making the possibility of switching to some other previously credible alternative more difficult. Path dependence seeks to assess how process, sequence and temporality can be best incorporated into explanation, the focus of the researcher being on particular outcomes, temporal sequencing and the …

The "Accidental Procreation" Argument For Withholding Legal Recognition For Same-Sex Relationships, Edward D. Stein

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This article examines “the accidental procreation argument,” an argument against same-sex marriage that still has some traction in United States appellate courts. The accidental procreation argument is meant to take the place of one of the central arguments made by states — and almost universally accepted by courts — in the first batch of cases in the United States about same-sex marriage. That original procreation-based argument — now widely acknowledged to be inadequate — posited that marriage is crucially related to procreation; therefore, since same-sex couples cannot procreate, same-sex couples should not be allowed to marry. The accidental procreation argument …

Children's Perspectives On Coping And Support Following Parental Separation, Ann Marie Halpenny, Sheila Greene, Diane Hogan

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Increasingly, children experience ongoing change in family formation and structure and such fluctuation may threaten or diminish children’s feelings of security with regard to established family roles, relationships and routines. A number of studies have explored available support for children in the context of family transition, focusing in particular upon those organisations providing services to children and families. However, in order to gain more precise insight into the mechanisms through which children can best be supported, it is necessary to consult children themselves and to elicit their perspectives and responses to the changes in their family contexts. A primary aim …

Survey Of Internet And At-Risk Behaviors, Samuel C. Mcquade Iii, Neel Sampat

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In May 2007 though January 2008 fourteen Monroe County school districts in New York State participated in a major research study undertaken by the Rochester Institute of Technology (RIT). A major portion of the study was an online survey. It was designed to:

• Measure the nature and extent of online victimization and offending experiences of K-12th grade students
• Determine types and levels of supervision and role modeling employed by parents pertaining to the use of computers and portable electronic devices by their children; and
• Obtain information from teachers about their perceptions of school-related cyber abuse and crime, along with the …

Discourse Analysis As An Approach To Intercultural Competence In The Advanced Efl Classroom, Sue Norton

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In 1991 Michael McCarthy wrote in his Preface to Discourse Analysis for Language Teachers that discourse analysis is ‘not a method of teaching languages; it is a way of describing and understanding how language is used’. By 1994 he had reformulated his position and, with Ronald Carter, published Language as Discourse: Perspectives for Language Teaching, which argued in favour of providing students with a metalanguage by which to analyse the language they were learning. These days, owing to the work of McCarthy, Carter, and others, the basics of discourse analysis can indeed comprise an appropriate subject matter for the advanced …

Towards A Model Of Critical Ethics To Inform The Research Process In Postgraduate Research, Aidan Kenny

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The ethics narrative has become embedded in the contemporary research process, as evident in the emergence of Ethical Committees in faculty and both public and private organisations. Ethics have been codified, made visible and accessible as text artefacts in the forms of (both voluntary and regulatory) codes, statements, conventions, guidelines, principles, procedures, practices. In this short paper I explore this codification of ethics from the period post WWII, detailing some of the milestone text artefacts.

The Interface Between Academic Knowledge And Working Knowledge: Implications For Curriculum Design And Pedagogic Practice, Anne Murphy

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This paper considers some aspects of the theory and practice of work-based learning (WBL) that may be of interest to academic staff in higher education who have responsibility for negotiating, designing, delivering and assessing programmes for, and with, Irish workplaces, companies, organisations and sectors of the workforce. The paper does not claim to be breaking significant new ground: rather it is trying to connect aspects of the field to inform underpinning of WBL curriculum design and related pedagogic practice as the start of a conversation rather than the last word.

Macroeconomic Policy Change: Ireland In Comparative Perspective, John Hogan

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This paper sets out to develop an improved framework for examining critical junctures. This a priori framework is a significant improvement over existing critical juncture frameworks that lack any predictive element. It is an advance for historical institutionalism in particular, and political science in general. After the new framework is set out in detail here, it is tested. The framework is used to examine a number of potential critical junctures in macroeconomic policy, drawn from Ireland, Sweden, Britain, and America in the latter half of the twentieth century

The Experience Of Young People Remanded In Custody: A Case For Bail Support And Supervision Schemes, Sinead Freeman

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This article focuses on the potential role and benefits bail support and supervision(BSS) schemes may have for young people in the Irish context. This article is based on a wider Ph.D study examining the issue of coping on remand. The research used court observation and semi-structured interviews conducted with young prisoners aged 16 to 21 years in remand custody. The findings indicate that young people often end up in remand custody as a result of non-compliance with bail. The case is made arising from the research, that the operation of bail support and supervision (BSS) schemes may benefit these young …

Technology-Aided Participative Methods In Environmental Assessment: An International Perspective, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry

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Provisions for citizen involvement in the assessment of potential environmental effects of certain plans, programmes and projects are present in current legislation. An international survey revealed that public participation is common practice in European and some other countries worldwide. However, a number of issues are observed to affect public involvement in EIA/SEA processes and expert opinion differs when evaluating the effectiveness of existing participative methods. Results suggest that technology-aided methods can improve traditional participation processes. In particular, GIS has the potential to increase community knowledge and enhance involvement by communicating information more effectively. Variable accessibility to technology and data quality …

The Birth Of The European Union: Us And Uk Roles In The Creation Of A Unified European Community, Bruce Carolan

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The United States jealously guards its national sovereignty. This has been reflected in reluctance to participate fully in international agreements or organizations with a 'supranational' flavor, such as the International Criminal Court or the Kyoto Protocols. It is therefore surprising to find that the United States was one of the principal architects of the supranational characteristics of what has developed into the European Union. Specifically, the earliest stages of European integration, which is embodied in the European Coal and Steel Community Treaty, were heavily influenced by US insistence on creation of supranational institutions that could exert dominance over sovereign European …

A Reader's Companion To Against Prediction: A Reply To Ariela Gross, Yoram Margalioth, And Yoav Sapir On Economic Modeling, Selective Incapacitation, Governmentality, And Race, Bernard E. Harcourt

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From parole prediction instruments and violent sexual predator scores to racial profiling on the highways, instruments to predict future dangerousness, drug-courier profiles, and IRS computer algorithms to detect tax evaders, the rise of actuarial methods in the field of crime and punishment presents a number of challenging issues at the intersection of economic theory, sociology, history, race studies, criminology, social theory, and law. The three review articles of Against Prediction: Profiling, Policing, and Punishing in an Actuarial Age by Ariela Gross, Yoram Margalioth, and Yoav Sapir, raise these challenges in their very best light. Ranging from the heights of poststructuralist …

Originalism's Expiration Date, Adam M. Samaha

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The Constitution of the United States declares itself supreme law, but even the amended document is ancient. By 2008, the predicted age of a randomly selected word in this text reached 178 years. The judiciary, for its part, might not interpret the text until decades after ratification. For Article V amendments, the average lag between ratification and Supreme Court interpretation has been about 40 years. The question is how these features of our supreme law might influence the choice of interpretive method and, ultimately, constitutional decision-making. In particular, some scholars indicate that originalism may be a strong force in adjudication …

Little Rock And The Legacy Of Brown, David A. Strauss

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No abstract provided.

The State Of Legal Scholarship Today: A Comment On Schlag, Richard A. Posner

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No abstract provided.

Deriving A Taxonomy Of Its Transition Costs, Zhi Tang, Delmonize Smith, Joanne Hale

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Those charged with implementing information technology often face the daunting task of assessing the total organizational costs of such initiatives. Our study posits evaluating such expenditures as IT transition costs - organizational resource expenditures stemming from a positive IT investment decision. A content analytic review of academic, IT-related articles yielded 57 cases germane to the construct. Data produced a meaningful and comprehensive taxonomy that distinguished IT transition costs by two dimensions: goal (prescriptive, evaluative, adaptive, corrective) and target (human, structure, process, technology). The significance of the taxonomy as a useful guide to both practitioners and future research is discussed.

Runaway Grand Jury: Activists Attempt To Redefine Obscenity Law In Kansas, Jill Barton

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No abstract provided.

Judicial Transparency In An Age Of Prediction, Adam M. Samaha

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The Empirical Legal Studies (ELS) movement is making strides toward understanding judicial behavior, and ELS models could become the foundation for more accurate prediction of judicial decisions. This essay raises two questions. First, what would an age of predictable judicial behavior look like? Second, would satisfying the informational needs of ELS prediction models also exhaust the demands for 'judicial transparency"? The essay concludes that a state of predictable judicial behavior, if somehow stable, would leave almost no litigation to observe; and that a prediction-oriented information policy would nearly meet the demands of today's transparency advocates. One shortfall involves the intrinsic …

Combating The Color-Coded Confinement Of Kids: An Equal Protection Remedy, Perry L. Moriearty

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This Article considers the viability of a constitutional challenge to the disproportionate confinement of juveniles of color – a phenomenon known as “disproportionate minority contact” or “DMC.” Specifically, I ask whether, in the wake of McCleskey v. Kemp and its progeny, it is possible bring an Equal Protection claim based on statistical evidence that juveniles of color are significantly more likely to be detained by juvenile court judges than similarly-situated white youth. I argue that the nature of the juvenile detention decision places it squarely within the contours of the types of administrative decisions for which the Supreme Court has …

Learning From The Limitations Of Deterrence Research, Michael Tonry

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No abstract provided.

A Slower Form Of Death: Implications Of Roper V. Simmons For Juveniles Sentenced To Life Without Parole, Barry C. Feld

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The Supreme Court in Roper v. Simmons 1 interpreted the Eighth Amendment to prohibit states from executing offenders for crimes they committed when younger than eighteen years of age. The Court relied on objective indicators of "evolving standards of decency," such as state statutes and jury decisions to support its judgment that a national consensus existed against executing adolescents. The Justices also conducted an independent proportionality analysis of youths' criminal responsibility and concluded that their reduced culpability warranted a categorical prohibition of execution. Juveniles' immature judgment, susceptibility to negative peer influences, and transitory personality development diminished their criminal responsibility. Because …

Responsible Debt Relief: An Algorithmic Assessment Of Household Debt Capacity And Repayment Capacity, Robert Manning

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Since the early 1990s, the growth of U.S. household debt in general consumer credit card debt in particular has soared to unprecedented levels-from an aggregate total of less than $4.0 trillion in 1990 to over $13 trillion in 2008. During this period, the average American household dramatically increased its home mortgage debt, from almost $2.5 trillion in 1990 to nearly $10.5 trillion today. Similarly, consumer "revolving" or credit card debt quadrupled from $239 billion to about $950 billion today. Moreover the growth of U.S. credit card debt was paid of through mortgage refinancing, home equity loans, and cash proceeds from …

The Rationality Of Preference Construction (And The Irrationality Of Rational Choice), Claire Hill

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Economists typically assume that preferences are fixed - that people know what they like and how much they like it relative to all other things, and that this rank-ordering is stable over time. But this assumption has never been accepted by any other discipline. Economists are increasingly having difficulty arguing that the assumption is true enough to generate useful predictions and explanations. Indeed, law and economics scholars increasingly acknowledge that preferences are constructed, and that the law itself can help construct preferences. Still, fixed preferences are often treated as a normative ideal: Even if people don't have fixed preferences, they …

Learning To Live With League Tables And Ranking: The Experience Of Institutional Leaders, Ellen Hazelkorn

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This paper draws on the results of an international survey of HE leaders and senior managers which was supported by the OECD Programme on Institutional Management of Higher Education (IMHE) and the International Association of Universities (IAU). It focuses on how HEIs are responding to league tables and rankings (LTRS), and what impact or influence – positive or perverse – they are having on institutional behaviour, decision-making and actions. The growing body of academic research and journalist reportage is referenced to contextualise this international experience. The paper shows that while HE leaders are concerned about the impact of rankings, they …

The New Engineer: Between Employability And Social Responsibility, Eddie Conlon

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The reasons behind the demand for what is sometimes called the New Engineer are critically examined and it is argued that a focus on employability alone is not sufficient to prepare socially responsible engineers. By examining issues around work organisation and sustainability it is proposed that engineers need to understand the wider social context in which they work. It is argued that the focus of ethics education should be broadened to focus on the social structure and the way it both enables and constrains socially responsible conduct. There is a call to refocus engineers’ attitudes towards the systems of regulation …

Of Service Workers, Contracting Out, Joint Employment, Legal Consciousness, And The University Of Miami, Kenneth M. Casebeer

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No abstract provided.

Operationalizing Deterrence Claims Management (In Hopsitals, A Large Retailer, And Jails And Prisons), Margo Schlanger

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The theory that the prospect of liability for damages deters risky behavior has been developed in countless articles and books. The literature is far sparser, however, on how deterrence is operationalized. And prior work slights an equally important effect of damage actions, to incentivize claims management in addition to harm-reduction responses that are cost- rather than liabilityminimizing. This article works in the intersection of these two understudied areas, focusing on claims management steps taken by frequently sued organizations, and opening a window into the black box of deterrence to see how those steps may end up serving harm-reduction purposes as …