Digital Commons Network^™

Did Bankruptcy Reform Fail? An Empirical Study Of Consumer Debtors, Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, Elizabeth Warren

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Before 2005, many people went broke and many filed for bankruptcy. After 2005, many people still go broke, but not so many file for bankruptcy. Why has the number of bankruptcies declined? Surely it is not the economy. All throughout the 2000s, families have been under increasing economic pressure. Median family incomes have declined, basic expenses have risen, and families are shouldering unprecedented debt loads. Defaults remain high for credit cards and car loans, while mortgage foreclosures have soared. By 2008, over half of all Americans reported that their incomes were falling behind their cost of living. These data all …

Empirical Research For Public Policy: With Examples From Family Law, Richard O. Lempert

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Perhaps more than in any other field, legal scholarship has aimed directly at influencing public policy. Hence, it is not surprising that empirical scholarship on law related issues often seems to have an agenda that extends beyond the common social science goals of adding to our knowledge base and understanding of human behavior to suggesting to policy makers and practitioners legal and administrative changes that will ameliorate problems they confront and, by the researcher’s lights, make this a better world in which to live.

Kiddie Law Is Growing Up: Board Certification In Child Welfare Law, Donald N. Duquette

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Few areas of the law are as personally rewarding as child welfarethat is, representing children, parents, or a government agency in cases of alleged child abuse and neglect. Few areas of the law provide a greater opportunity to make a tremendous difference in the lives of individuals. Few areas of the law are as intellectually challenging, fast developing, and dynamic as child welfare. Until recently the child welfare field was demeaned as "kiddie law"-not worthy of the intellectual and advocacy talents of the best of America's lawyers. The field is steadily being transformed, however, from a sleepy, assembly-line processing of …

Establishing Relations Between Law And Other Forms Of Thought And Language, James Boyd White

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The law does not, and could not, exist in an intellectual or linguistic vacuum. No one believes that the law is or should be impervious to other languages, other bodies of knowledge. In this sense the argument about the 'autonomy' of law is an empty one: law cannot be, should not be, perfectly autonomous, unconnected with any other system of thought and expression; yet it plainly has it own identity as a discourse, it own intellectual and linguistic habits, which it is our task as lawyers to understand and develop. It follows that an essential topic of legal thought is …

Of Truth, In Science And In Law, Susan Haack

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No abstract provided.

Subordination And The Fortuity Of Our Circumstances, Sergio J. Campos

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The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular in the existing antisubordination literature. Second, it argues for a theory of state obligation that goes beyond both the existing state action doctrine of the Equal Protection Clause and the failure to protect doctrine associated with Charles Black. The Article argues instead that the antisubordination principle mandates …

Hearts, Minds, Hands: A Dream Team For Mental Health, Julianne Gold Brunson, Judy Molner, Miriam Nathan Lerner

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Interpreting in a mental health setting with hearing staff members and deaf clientele, the ethical situations fly fast and furious, providing the interpreter with a wealth of war stories with which to regale neophyte students of this dynamic profession. Much has been written to improve the many and varied mental health services being extended to deaf populations. The most commonly described dyads are that of hearing therapist and deaf patient. However, consider the case of a deaf psychologist treating hearing clients. In this instance, the interpreter becomes the liaison between the deaf professional and the hearing patient. When an interpreter …

Sociolegal Islands?, Daniel H. Foote

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In 1992, in an address at the American Society of Comparative Law annual meeting, Professor Mary Ann Glendon of Harvard Law School bemoaned the state of comparative legal studies in the United States. Many scholars specialized in comparative law, she observed. But at Harvard and other law schools, they were like islands; they conducted research and teaching largely in isolation, having little contact with the core curriculum or other faculty. From the many nods of agreement. it was evident she had voiced a common concern.

Primarily due to increased globalization, the situation has changed. At many law schools comparative perspectives …

Child Sexual Abuse And Hiv Transmission In Sub-Saharan Africa, Kevin Lalor

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The purpose of this paper is to examine the risks of HIV transmission to children through sexual abuse and exploitation in sub-Saharan Africa. The paper is based on a review of pertinent literature. Child sexual abuse in this region must be defined broadly enough to encompass widespread coercion or violence in early sexual relations in some regions, the practice of ‘transactional sex’ and constructions of masculinity, emphasising multiple sexual partners and power over women and girls. The high HIV prevalence in SSA is briefly described. Research evidence showing the link between child sexual abuse and HIV transmission is reviewed, although …

Control And The Protean Career: A Critical Perspective From The Multinational’S International Assignees, Marian Crowley-Henry, David Weir

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Mainstream management literature and research regarding the international career has long focused on the traditional expatriate experience. In this discourse the tendency has been to outline the benefits and issues to be considered for organizations and individuals embarking on international assignments. In contrast this chapter focuses on a special group whose positioning in the structures of employment and organization is in some ways exemplary of developing trends in the global labor force. They are the highly educated permanent expatriates who remain in the host country indefinitely (that is without a pre-determined organizational option of repatriation to their initial home country). …

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

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The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

Structural Equation Modelling: Guidelines For Determining Model Fit, Daire Hooper, Joseph Coughlan, Michael Mullen

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The following paper presents current thinking and research on fit indices for structural equation modelling. The paper presents a selection of fit indices that are widely regarded as the most informative indices available to researchers. As well as outlining each of these indices, guidelines are presented on their use. The paper also provides reporting strategies of these indices and concludes with a discussion on the future of fit indices.

Tax Treatment Encourages Residential Investment, Thomas Power

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The economic survey on Ireland by the OECD (issue 5 2008) proposed phasing out policies that distort the housing market, which in turn could help to dampen future housing cycles and maintain competitiveness in the economy.

Specifically it suggests that tax breaks favouring owner occupation contributes to making housing expensive and that these effects could be reduced either by “limiting mortgage tax relief… or by implementing a property tax”.

Religion And American Politics: Three Views Of The Cathedral Section Ii: Other Works, Paul Horwitz

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No abstract provided.

Liberal Mccartyism And The Origins Of Critical Race Theory Critical Race Theory Speaker Series - Crt 20: Honoring Our Past, Charting Our Future, Richard Delgado

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No abstract provided.

The Protean Career: Exemplified By First World Foreign Residents In Western Europe?, Marian Crowley-Henry

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This article presents findings from a qualitative study exploring the career-related motivations and experiences of a sample of 20 expatriates living and working on a permanent basis in the South of France (Sophia Antipolis) and in Germany (Munich). By virtue of their having established local links in the host country, either in having local working contracts or being installed in the area on a permanent basis (home owners; children born/being schooled in the host country), these expatriates could also be termed foreign residents in the host country. The study’s sample of highly educated workers originating from the United States of …

Discrimination At Will: Job Security Protections And Equal Employment Opportunity In Conflict, Julie C. Suk

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The conventional wisdom amongst scholars and advocates of employment discrimination law is that the success of Title VII is significantly hampered by the enduring doctrine of employment at will. As long as employers have broad discretion to fire employees for any reason, no reason, or a bad reason, employers can easily get away with terminating or refusing to promote racial minorities and women as long as some credible nondiscriminatory reason, such as personal animosity, can be presented. This account feeds the widely accepted view that employment at will and the goals of Title VII, namely equal employment opportunity, are at …

Is The Market For Ceos Rational?, Charles M. Yablon

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The article challenges the arms-length bargaining model of CEO compensation, arguing that managerial power, social dynamics, and psychological factors significantly influence compensation decisions. It critiques both the managerial power thesis and the arms-length bargaining model, advocating for a more nuanced understanding that incorporates these non-economic influences. CEO compensation is not solely tied to performance but is shaped by boards' overconfidence, cognitive biases, and the cult of the CEO, leading to inefficient pay structures that often fail to align with shareholder interests.

Cts Split 2007 The (Audio) Diary In Tourism Research, Deirdre Quinn, Nigel Morgan, Annette Pritchard

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No abstract provided.

Using The Technology Of The Confessional As An Analytical Resource: Four Analytical Stances Towards Research Interviews In Discourse Analysis, Brendan O'Rourke, Martyn Pitt

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Among the various approaches that have developed from FOUCAULT's work is an Anglophone discourse analysis that has attempted to combine FOUCAULTian insights with the techniques of Conversation Analysis. An important current methodological issue in this discourse analytical approach is its theoretical preference for "naturally occurring" rather than research interview data. A FOUCAULTian perspective on the interview as a research instrument, questions the idea of "naturally-occurring discourse". The "technology of the confessional" operates, not only within research interviews, but permeates other interactions as well. Drawing on FOUCAULT does not dismiss the problems of the interview as research instrument rather it shows …

Performing Tourism In Venice: Local Residents In Focus, Bernadette Quinn

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In contrast to the growing literature on tourist mobility as a performed art, relatively little attention has been paid to resident mobility in tourism places. This paper examines how residents encounter tourists using the concept of tourism as a performance. Drawing on the case of the historic city-center of Venice in northeastern Italy, it explores the spatialities produced through the embodied practices of local mobilities. The paper finds that their movements demonstrated a marked degree of agency. It concludes by arguing that the concept of tourism as performance affords useful insights into how local residents are proactively and intricately involved …

The Internationalization Of Lay Legal Decision-Making: Jury Resurgence And Jury Research, Richard O. Lempert

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When I first began to study the jury more than thirty years ago, the topic of this Journal issue, jury systems around the world, was unthinkable. The use of juries, especially in civil litigation, had long been in decline, to the point of near extinction in England, the land of their birth, and the live question was whether the jury system would endure in the United States. It seemed clear that juries would not continue in their classic form, as many U.S. states, with the Supreme Court's eventual approval, mandated juries of less than twelve people and allowed verdicts to …

On Logic In The Law: Something, But Not All, Susan Haack

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In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the "logical theology" of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of "axioms and corollaries"; and this element of truth is not obviated by the more powerful logical techniques that are now available.

An Equality Perspective On Residential Child Care, Niall Hanlon

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An equality perspective on residential child care is one which places the issues of power and oppression as central concerns of practice. This requires more than an understanding and appreciation of the nature of the inequalities that children in care experience. The residential practitioner must appreciate egalitarian values and develop the skills, competences and knowledge base to evolve programmes and strategies that promote equality. Fundamentally, equality practices require significant changes in relationships of power. This paper will outline a means of conceptualising inequalities by discussing the way that they often have an impact on children and young people in residential …

Webs Of Power: Multiple Ownership In Tourism Destinations, Ziene Mottiar, Hazel Tucker

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It has been widely noted in the tourism small business literature that collaboration between groups of businesses operating within clusters contributes both to business development and the success of destinations and regions. This paper aims to contribute to the research on tourism destination networks by focusing on multiple ownership, or portfolio entrepreneurship, when more than one small or micro business within a specific destination are owned by the same entrepreneur. Courtown, in Ireland and Göreme in Turkey are presented as two case studies in which the existence of multiple owners was identified. The implications of multiple ownership on tourism operation …

Broadening The Entrepreneurial Perspective, Ziene Mottiar, Sarah Ingle

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In this paper entrepreneurial literature is combined with industrial district literature to try and explain regional success in an Irish industrial sector. A new approach called interpreneurship is introduced as an explanatory concept for regional success in an Irish case study. A number of conclusions are drawn regarding the extent to which the interpreneurship approach is valid and the authors recommend that this is an important concept for further research.

Lifestyle Entrepreneurs And Spheres Of Inter-Firm Relations: The Case Of Westport Co. Mayo, Ireland, Ziene Mottiar

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A relatively small body of literature in tourism which concentrates on the issues of small firms and entrepreneurs and ‘this area of inquiry is vastly under-researched’ (Thomas, 2004, p.1). A key piece of research (Rimmington et al, 1999) classifies entrepreneurs in the tourism sector and one category which has received research attention has been that of lifestyle entrepreneurs. This article outlines the literature on lifestyle entrepreneurs and concludes that much of the focus to date has been on the individual entrepreneur. This current paper investigates how lifestyle entrepreneurs interact with other entrepreneurs in the destination in which they operate, and …

Need For Social Policy To Recognise That People Are Excluded When They Cannot Afford To Give Their Children A Holiday, Bernadette Quinn

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This research investigated how access to an annual holiday can benefit children living in poverty and their families. It studied children who had the opportunity to avail of a child-centred, structured group holiday provided by three NGOs. Study participants were drawn from a cross-section of disadvantaged areas in Dublin, comprising two inner-city and four suburban areas. Data collection involved 75 children and 35 guardians in the first stage, and 27 children and 16 guardians in subsequent stages. In total, 16 families participated in all stages of the research process, which used qualitative methods, including focus groups, in-depth interviews and observation. …

The Amended Proposal For A Directive On Services In The Internal Market And Its Potential Impact On The Irish Tourism Industry, Bruce Carolan

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The European Union Services Directive, Directive 2006/123, was very controversial. The popular press focused on that aspect of the Directive which would have allowed employers to comply with the 'home' regulations when offering services in an EU 'host' country. For example, a cleaning service could employ Polish workers to clean Irish offices and paid them according to Polish minimum wage laws. As a result of the controversy, this aspect of the Directive was dropped. The controversy deflected attention from the broader impact of the Services Directive. The Directive, as ultimately adopted, will require member states to conduct an 'audit' of …

Is Public Reason Counterproductive?, Eduardo Peñalver

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No abstract provided.