Digital Commons Network^™

In Memoriam: Bernard D. Meltzer (1914-2007), Geoffrey R. Stone

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Sex, Violence, And The First Amendment, Geoffrey R. Stone

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Origins Of Obscenity, Geoffrey R. Stone

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Science And Morality: Pragmatic Reflections On Rorty's 'Pragmatism', Brian Leiter

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Representing Victims Of Domestic Violence In Property Distribution Proceedings After The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Elizabeth Brandt

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Faith In Community: Representing "Colored Town", Anthony V. Alfieri

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What Good Is The Social Model Of Disability?, Adam M. Samaha

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A social model of disability relates a person's disadvantage to the combination of personal traits and social setting. The model appears to have had a profound impact on academics, politics, and law since the 1970s. Scholars have debated the model's force but its limitations are more severe than have been recognized. This Article claims that the model, like all social construction accounts, has essentially no policy implications. Its impact depends on normative commitments developed by some other logic, such as membership in the disability rights movement or adherence to versions of libertarian, utilitarian, or egalitarian theory that are triggered by …

The Temporal Dimension Of Voting Rights, Adam B. Cox

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Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein

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We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …

Unmitigated Punishment: Adolescent Criminal Responsibility And Lwop Sentences, Barry C. Feld

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For more than a century, youth crime policies have oscillated between periods of more lenient treatment and harsher punishment. Justice officials and the public alternatively attributed high crime rates either to ";soft"; rehabilitative policies and advocated ";tougher"; sanctions, or to excessively harsh penalties that failed adequately to treat youths. A century ago, Progressive reformers combined a more modern construction of childhood with a more scientific conception of social control to create a judicial-welfare alternative and to remove children from the adult criminal process. 2 They used juvenile courts to assimilate, ";Americanize,"; and control ";other people's"; children.

A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld

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A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'

Common Law And Federalism In The Age Of The Regulatory State, Alexandra B. Klass

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Over the past several decades, the growth of federal statutes and the rise of the regulatory state have weakened and displaced state common law even in the absence of express or implied preemption. However, there is a strong theoretical and judicial foundation on which to argue that the existence of statutes, regulations, and the data they generate should be used to inform and develop state common law rather than overshadow or displace it. Moreover, in this current age of the new federalism, such progressive common law development at the state level may be particularly timely and appropriate. This article uses …

Secrecy And Separated Powers: Executive Privilege Revisited, Heidi Kitrosser

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This Article considers the constitutional validity of executive privilege claims made by the President against statutorily authorized information requests. The Article concludes that such claims are constitutionally illegitimate and that courts, when turned to, should order compliance with statutorily authorized demands for information in the face of executive privilege claims. This conclusion is reached in two steps. First, perusal of Article I's list of legislative powers and Article II's list of presidential powers does not clearly resolve the issue. Rather, such perusal alone offers fair ground to deem control of executive branch information both within Congress' "sweeping clause" power and …

The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane

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There is a wealth of international research on the transition from preschool to school from a range of perspectives. Following on from such research, the issue of transition is emerging as an important new construct in early childhood care and education (ECCE), with a transition-to-school framework replacing the construct of school readiness as a focus of research interest. There has been limited research into transition practices in Ireland and this study is the first comprehensive research looking at this area from an Irish perspective1. Phase I of this study involved conducting a questionnaire on the transition from preschool to formal …

Computational Trust In Web Content Quality: A Comparative Evalutation On The Wikipedia Project, Pierpaolo Dondio

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The problem of identifying useful and trustworthy information on the World Wide Web is becoming increasingly acute as new tools such as wikis and blogs simplify and democratize publication. It is not hard to predict that in the future the direct reliance on this material will expand and the problem of evaluating the trustworthiness of this kind of content become crucial. The Wikipedia project represents the most successful and discussed example of such online resources. In this paper we present a method to predict Wikipedia articles trustworthiness based on computational trust techniques and a deep domain-specific analysis. Our assumption is …

The International Protean Career: Four Women’S Narratives, Marian Crowley-Henry, David Weir

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In this paper, we share individual narratives outlining the experiences of four well-educated western women following a permanent international career in the South of France. By virtue of detailed interview transcripts and contextual information regarding the specificity of the location in question, a comprehensive picture of the experiences and choices of individual women in leadership business positions on an international level is painted. Our aim is not to generalise the findings to a wider population, but to gain an insight into the depth and complexity of career issues for women in general, and particularly for women working in a foreign …

The Word And The Law, James Boyd White

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In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

The Nondischargeability Of Student Loans In Personal Bankruptcy Proceedings: The Search For A Theory, John A. E. Pottow

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In fiscal year 2002, approximately 5.8 million Americans borrowed $38 billion (USD) in federal student loans. This was more than triple the $11.7 billion borrowed in 1990. As a rule of thumb, tuition has been increasing at roughly double the rate of inflation in recent years. This troubling trend of accelerating tuition, coupled with the fact that real income has stagnated for men and increased only modestly for women over the past two decades, means that more and more students are going to need to turn to borrowed money to finance their degrees absent a radical restructuring of the postsecondary …

Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort

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Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …

Recent Reforms To The Japanese Judiciary: Real Change Or Mere Appearance?, Daniel H. Foote

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In June 2001, the Justice System Reform Council ("Reform Council" or "Council") issued its final report. The Council's recommendations included several proposed reforms to the judiciary, intended to insure the judiciary would "meet the expectations of the people." This essay examines a number of those recommendations and the resulting reforms.

The single reform to the judiciary that has received the most publicity is the introduction of the saiban'in system, through which ordinary citizens will participate directly in judging serious crim:inal cases and thus will have the opportunity to express their views directly in the deliberation of those cases. That system, …

Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci

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Law Enforcement In Subordinated Communities: Innovation And Response 2008 Survey Of Books Related To The Law - Policing And Race, Richard Delgado

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Rodrigo's Corrido: Race, Postcolonial Theory, And U.S. Civil Rights, Richard Delgado

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When The Walls Crash Down: Offer Services Where The Students Are, Julie Arendt, Mary K. Taylor

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Youth, Governance And The City: Towards A Critical Urban Sociology Of Youth Crime And Disorder Prevention, Matt Bowden

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This article considers the historical and spatial context for the emergence of youth crime and disorder prevention initiatives in Ireland. These initiatives have to be understood in the context of their relationship to the broader ‘urban question’ and in particular the relationship of the peripheral housing estate to the rest of society and the economic sphere. More recent changes in the nature of society and the emergence of a ‘liberal creed’ have resulted in greater use of surveillance technologies for offsetting the opportunities for crime to be committed. In this context, youth crime prevention initiatives must be seen as an …

Remoulding The Critical Junctures Approach, John Hogan

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This paper improves our understanding of critical junctures, a concept employed in historical institutionalism for exploring change. However, the concept lacks rigour, weakening our ability to define critical junctures. Of late, academics have utilized other mechanisms to identify change in historical institutionalism. Thus, it is within this context that the critical junctures approach is remoulded through the specification of standards, hence reducing uncertainty as to what constitutes a critical juncture. The remoulded approach is employed here in examining change in the Irish Congress of Trade Unions’ ~ICTU! influence over public policy in 1987.

Information Asymmetries And The Rights To Exclude, Lior Strahilevitz

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The Emergence Of Quality Assurance In Irish Higher Education: A Review Of European And National Policy And Description Of The Technological University Dubin Practice, Aidan Kenny

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This is the second in a series of three papers which explore and describe ‘quality’ as a tool in the Irish Higher Education sector. This paper reviews macro, mesco and micro issues relating to quality assurance within the context of European Union Education Ministers’ communiqués and in Irish national policy. A micro perspective is then undertaken pertaining to the Technological University Dubin describing how quality assurance systems and procedures emerged in the Institute. It also includes the Institute’s response to provisions made in the 1999 Qualifications (Education and Training) Act with reference to the necessity of carrying out quality reviews. …

The Quality Movement Discourse In The Higher Education Sector: A General Review, Aidan Kenny

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This paper – the first of a series of three – describes some of the macro milestones in the evolution of the Quality Movement in the industrial environment. The emphasis then shifts to reviewing the discourse relating to quality in the higher education sector in the UK. Attention is given to Quality Assessment, Quality Assurance and Quality Enhancement models. The interface or tension lines between quality as a controlling mechanism or as a tool for development are outlined. Predominant concerns and issues as expressed by academics are clustered into macro questions, the answers to which will require further longitudinal research.

Creating A Framework For A Single European Sky:The Opportunity Cost Of Reorganising European Airspace, Niall Neligan

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The object of this article is to critically evaluate the legal framework for a European Single Sky project in light of the recent European Court of Justice decision in International Air Transport Association v The Department of Transport. The article will examine in detail the framework regulations outlining the major provisions from the recommendations of the Commission's High Level Group in 2000, to the implementation at a micro-level by national authorities of the legislation adopted in 2004. Furthermore, this article will examine whether the savings to air service providers from the Single European Sky project in the long term will …