Digital Commons Network^™

Dreamland: America’S Immigration Lottery In An Age Of Restriction, David Abraham

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No abstract provided.

The Associations Of Parental Smoking, Quitting And Habitus With Teenager E-Cigarette, Smoking, Alcohol And Other Drug Use In Gui Cohort ’98, Salome Sunday, Luke Clancy, Joan Hanafin

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We analyse parental smoking and cessation (quitting) associations with teenager e-cigarette, alcohol, tobacco smoking and other drug use, and explore parental smoking as a mechanism for social reproduction. We use data from Waves 1–3 of Growing Up in Ireland (Cohort ’98). Our analytic sample consisted of n = 6,039 participants reporting in all 3 Waves. Data were collected in Waves 1 and 2 when the children were 9 and 13 years old and in Wave 3 at age 17/18 years. Generalized Estimating Equations (GEE) models were used to analyse teenage substance use at Wave 3. Parental smoking was associated with …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

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Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Sovereignty Before Law, Salmoli Choudhuri, Moiz Tundawala

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Book review: Violent Fraternity: Indian Political Thought in the Global Age, by Shruti Kapila, Princeton, Princeton University Press, 2021, 328 pp., $37.00/£30.00, ISBN 9780691195223

Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal

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Antitrust scholars have widely debated the paradox of Amazon seemingly wielding monopoly power while charging low prices to consumers. A single company's behavior thereby helped spark a vibrant intellectual conversation as scholars debated why Amazon's prices were so low, whether enforcers should intervene, and, eventually, how the field of antitrust should be reformed. One of the main sources of agreement in these and other scholarly conversations has long been that Amazon charges low prices. This Article challenges that assumption by demonstrating that Amazon customers may pay significantly higher prices than is commonly understood due to strategies that do not necessarily …

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

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Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …

A Case For Humanistic Theory, Salmoli Choudhuri, Moiz Tundawala

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This article responds to a debate in Economic & Political Weekly on the state of theory in Indian academia. While earlier interventions focused on the “who” and “how” questions related to the subject and work of theory, a more fundamental question is addressed here: Why theory at all? In our age of permanent crises, the necessity to make a case for theory that can interpret the world rather than change it for the good has arisen due to the dominance of problem-solving and solution-driven approaches adopted by the social sciences.

Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin

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Disruptive social events such as the COVID-19 pandemic can have a significant impact on sex trafficking and the working conditions of victims, yet these effects have been little understood. This paper examines the effect of the COVID-19 pandemic on sex trafficking in the United States, based on analysis of over one million sexual service advertisements from the online platform Rubratings.com, using indicators of third-party management as potential proxies for trafficking. Our results show that there have been measurable changes in online commercial sexual service advertising, both with and without third-party management indicators, in the United States, with a significant decrease …

Inéire: An Interpretable Nlp Pipeline Summarizing Inclusive Policy Making Concerning Migrants In Ireland, Arefeh Kazem, Arjumand Younus, Mingyeong Jeon, Muhammad Atif Qureshi, Simon Caton

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Reaching marginal and other migrant communities to elicit their political views and opinions is a well-known challenge. Social media has enabled a certain amount of online activism and participation, especially in societies with abundant multicultural identities. However, it can be quite challenging to isolate the voice of the migrant in English-speaking countries, especially with an abundance of content in English on social media. In this paper, we pursue a case study of Ireland’s Twitter landscape, specifically migrant and native activists. We present a methodology that can accurately ( >80% ) isolate the Irish migrant voice with as little as 25 …

Locating A Shadowy State In Queer, Feminist Politics, Atreyee Majumder

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In this commentary, part of a book forum on Srila Roy’s (2022) book ”Changing the Subject: Feminist and Queer Politics in Neoliberal India”, I argue that the feminist and queer movement, in response to the neoliberal turn in India, is not totally separate from the Indian state formations. In fact, a shadowy state emerges in the affective life of citizens as an expression of what Timothy Mitchell would have called “state effect”.

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

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The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …

Beyond The Clock: Exploring The Complexities Of Women’S Domestic Roles In India Through The Lenses Of Daughters And Daughters-In-Law, Pushpendra Singh, Falguni Pattanaik, Archana Singh

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This study aims to estimate the distribution of time spent on unpaid activities in India, with a focus on understanding the gendered nature of this work. The study seeks to contribute to the existing literature by providing empirical insights into the time spent on unpaid domestic activities by daughters and daughters-in-law, and by identifying the sociocultural and economic factors that contribute to this work. To achieve this objective, the study employs data from the Time Use Survey (TUS) conducted by the National Sample Survey Office (NSSO) in India from January to December 2019. The study uses a two-phase analysis to …

Grounding The Basic Structure In Legal Theory, Sanjay Jain

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This article contributes to the everlasting debate on theorising the Basic Structure doctrine of the Indian Constitution. Having demonstrated that it cannot be justified either in orthodox positivism of Austin or Kelsenite normativity, the author makes the case to ground the debate in the modern avatar of analytical jurisprudence, popularly known as inclusive legal positivism.

Definition And Characteristic Features Of A ‘Cultural Flashpoint’: A Case Study Of Exploring Masculinities, A Controversial Gender And Education Programme In Ireland, Joan Hanafin, Paul Conway, Cormac O Beaglaoich, Jack Hanafin

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The concept ‘cultural flashpoint’ (CF) has not been fully defined or described. The authors test this concept through the prism of a controversial gender-focused Irish school programme, Exploring Masculinities (EM). Adopting an instrumental case study methodology, they use media content analysis to develop a temporal trajectory of the CF, describe its shape, explicit and implied contentious themes, and its process. They identify characteristic features of a cultural flashpoint: (i) a focal issue, event and/or object; (ii) conflict; (iii) bounded time period; (iv) the involvement of exo- and multi-sectoral individuals and groups; (v) randomness, opaqueness and conflation among its expressions; and …

James And Peirce On The Importance Of Individuals: The Differences That Make A Difference, Susan Haack

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No abstract provided.

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

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In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

Reflections On Fees And Fines As Stategraft, Rebekah Diller, Mitali Nagrecha, Alicia Bannon

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In A Theory of Stategraft, Bernadette Atuahene advances the concept of “stategraft” to describe situations in which “state agents transfer property from persons to the state in violation of the state’s own laws or basic human rights.” This Essay delineates the ways in which criminal legal system fees and fines can be characterized as stategraft and explores the value of this concept for social movements. In many ways, the stategraft frame, with its focus on illegality, fits well with much of the litigation and advocacy against unconstitutional fees-and-fines practices that have occurred over the last decade. Exposing illegal practices …

Carceral Socialization As Voter Suppression, Danieli Evans

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In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

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The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Probability Distributions Arising In Connection With The Inspection Paradox For The Poisson Process, James E. Marengo, Anne Marino Himes, David L. Farnsworth, W. Cade Reinberger

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The Inspection Paradox refers to the fact that in a Renewal Process, the length of the interarrival period which contains a fixed time is stochastically larger than the length of a typical interarrival period. To provide a more complete understanding of this phenomenon, conditioning arguments are used to obtain the distributions and moments of the lengths of the interarrival periods other than the one containing this fixed time for the case of the time-homogeneous Poisson Process. Distributions of the waiting times for events that occur both before and after this fixed time are derived. This provides a fairly complete probabilistic …

Antimatters: The Curious Case Of Confederate Monuments, Jeremiah Chin

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Confederate monuments sit at a crossroads of speech frameworks as contested government speech, as concrete edifices of hate speech, and as key protest sites. The interplay of state law and speech doctrines in states like Alabama and Florida has cemented monuments as physical representations of government speech that municipal governments cannot speak on. To understand the confounding ways that doctrinal principles take on inverse implications, this Article draws on the concept of antimatter in physics—matter that has the same mass and properties of ordinary matter but with the opposite charge—to analyze doctrinal intersections of constitutional law that are made to …

Review: Events Special Interest Group Track At The Atlas Annual Conference 2022, Enya Moore Dr.

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The 2022 Association for Tourism and Leisure Education and Research (ATLAS) Annual Conference took place on the Munster Technological University campus in Cork, Ireland, 6^th – 9^th September 2022. The theme of the conference ‘What matters now to the global tourist?’ raised pertinent questions about the challenges facing the tourism and leisure industries and education since the onset of the global pandemic. This review focuses on a series of papers from the Events Special Interest Group which covered themes such as solidarity, community, festivals, placemaking and digitisation.

The research activities conducted for this publication were funded by the …

Six Of One: The Relationship Between Social Dominance Orientation And Orientation To Cyclists, Nadia Williams

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Cycling uptake in Ireland is very low, and communications related to cycling and cyclists is generally negative. The author hypothesised that Social Dominance Theory can be applied to understand this. A survey was designed and distributed which allowed respondents to complete the well-established Social Dominance Orientation scale, and a Cyclist Orientation scale designed by the author to test a respondent's orientation towards cycling and cyclists. Scores for both were converted to percent so as to compare like for like. A correlation was found between respondents' SDO score and CO score. This suggests that there is a relationship between Social Dominance …

Towards An Inclusive And Representative Academic Landscape, Linn Leppert, Katalin Solymosi, Yvonne Galligan

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This article is a summary of a panel discussion entitled ‘Towards an inclusive and representative academic landscape’, held at the Building Bridges Meeting of Academia Europaea and the Young Academy of Europe on 26 October 2022. The panellists were Professor Yvonne Galligan, director of Equality, Diversity and Inclusion and Professor of Comparative Politics at the Technological University Dublin, Dr Katalin Solymosi, plant biologist, assistant professor at Eötvös Loránd University and vice-chair of the Young Academy of Europe, and Professor Stephen Curry, Assistant Provost for Equality, Diversity and Inclusion and Professor of Structural Biology at Imperial College London. Dr Linn Leppert, …

Estimate Tourism Model Choice For Pilgrim In The Way Of St. James: The Portuguese Way, Rosa Conde, Ana Pinto Borges, Isabel Neira Gómez, Elvira Viera

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The purpose of this study is to examine how the characteristics of the pilgrims and the attributes of travel influence the choose of the Portuguese. It is important to understand the choices tourists make. This study identifies the factors that influence the tourists’ choice of way. The analysis is based on the official statistics of the Portuguese Way of Santiago between 2003 and 2020.

The study provides several important findings concerning tourism’s model choice. Understanding the tourists’ modal choice behavior help public and private organizations to develop appropriate marketing strategies.

The probit model is used to model a relationship between …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Articles

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Experiencing Dyslexia Through The Prism Of Difference, Keith Murphy

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According to research by AHEAD (2021), students with specific learning difficulties (SLD) are accessing third level education in greater numbers than ever before. Within the body of research conducted few studies have focused on the overall experiences of students with dyslexia studying in third level education. The current study addresses this gap in knowledge as it provides an insight into how students with dyslexia, as an SLD, navigate third level education. Ethnography was used as the principal method of research in this project, and 17 participants, ranging in age from 20 years old to mid-40 years old, took part. The …

Review Of The International Play Policies And Their Contribution To Supporting A Child's Right To Play, Fiona Armstrong, David Gaul

Articles

Play is recognised as a fundamental children's right protected by the United Nations Convention on the Rights of the Child. Despite legal and constitutional requirements for ensuring children's right to play, there are few international policies dedicated to play. This paper seeks to use a critical discourse analysis lens to compare the current international policies dedicated to play and identify examples of good practice and perceived barriers to the successful development and implementation of play policies.

Privacy Protection, At What Cost? Exploring The Regulatory Resistance To Data Technology In Auto Insurance, Omri Ben-Shahar

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Regulatory and sociological resistance to new market-driven technologies, particularly to those that rely on collection and analysis of personal data, is prevalent even in cases where the technology creates large social value and saves lives. This article is a case study of such tragic technology resistance, focusing on tracking devices in cars which allow auto insurers to monitor how policyholders drive and adjust the premiums accordingly. Growing empirical work reveals that such “usage-based insurance” induces safer driving, reducing fatal accidents by almost one third, and resulting in more affordable and fair premiums. Yet, California prohibits this technology and other states …

Common Good Gun Rights, Darrell Miller

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No abstract provided.