Digital Commons Network^™

Trial And Error: The Supreme Court's Philosophy Of Science, Susan Haack

Articles

No abstract provided.

Life's Golden Tree: Empirical Scholarship And American Law, Carl E. Schneider, Lee E. Teitelbaum

Articles

What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the …

Holiday Home Owners, A Route To Sustainable Tourism Development? An Economic Analysis Of Tourist Expenditure Data, Ziene Mottiar

Articles

Although sustainability comprises economic social and environmental aspects, economic analysis has been less evident in this literature. This article takes an economic perspective to evaluate the contribution of holiday home owners to a local economy. Tourism destinations which are at the mature stages of the tourism lifecycle wish to maximise revenue from tourism while minimising costs such as overcrowding. A prime objective has to be to attract the more valuable tourists. The analysis of North Wexford in Ireland poses questions such as: How does the holiday home owners’ expenditure in the local area compare to that of traditional tourists? Do …

Celtic Tiger Growth Creates A New Breed Of Holiday Maker, Ziene Mottiar, Bernadette Quinn

Articles

No abstract provided.

Attachment Theory And Wellbeing For The Young Person In Residential Care: The Provision Of A Second Chance Secure Base For The Child In Crisis, Gay Graham

Articles

Aristotle argued that happiness for humans is not possible in the absence of reciprocal, affective relationships or friendships (Sherman 1991). Such relationships for children are only possible in the context of satisfactory attachments which provide for them a secure base from which to explore their environment (Bowlby 1988). Young people placed in the child welfare system, particularly those in residential care, often experience a system that is problem focused, intent on physical protection and control, where warm reciprocal relationships are not prioritised. This paper states that young people in residential care, whose primary attachments, whatever their quality, have been disrupted; …

Properties Of Concentration, Lee Anne Fennell

Articles

No abstract provided.

Exclusionary Amenities In Residential Communities, Lior Strahilevitz

Articles

No abstract provided.

Peer Comparisons And Consumer Debt, Gary S. Becker, Luis Rayo

Articles

No abstract provided.

On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow

Articles

No abstract provided.

Foreword To Boilerplate: Foundations Of Market Contracts Symposium, Omri Ben-Shahar

Articles

No abstract provided.

Broken Windows: New Evidence From New York City And A Five-City Social Experiment, Bernard E. Harcourt, Jens Ludwig

Articles

In 1982, James Q. Wilson and George Kelling suggested in an influential article in the Atlantic Monthly that targeting minor disorder could help reduce more serious crime. More than twenty years later, the three most populous cities in the United States-New York, Chicago, and, most recently, Los Angeles-have all adopted at least some aspect of Wilson and Kelling's theory, primarily through more aggressive enforcement of minor misdemeanor laws. Remarkably little, though, is currently known about the effect of broken windows policing on crime. According to a recent National Research Council report, existing research does not provide strong support for the …

The New International Law Scholarship, Eric A. Posner, Jack L. Goldsmith

Articles

No abstract provided.

Review Of A Community-Based Youth Counselling Service, Kevin Lalor, Sinead O'Dwyer, Denis Mccrann

Articles

The structure and operation of a community-based youth counselling service operated by the Kildare Youth Services (KYS) is examined with a view to highlighting its preventative nature. Presenting problems are explored, in the context of the wider social milieu. Particularly, recent trends in sexual behaviour, substance abuse and child sexual abuse are examined. Interviews were conducted with a sample of professionals who referred clients, patients and students to the KYS Youth Counselling Service. Interviews were also conducted with a small sample of clients of the service and with the counsellor-coordinator of the Youth Counselling Service. The service was viewed positively …

Childhood Sexual Abuse Among University Students In Tanzania, Denis Mccrann, Kevin Lalor, Joviter K. Katabaro

Articles

Objectives: There are no prevalence data for childhood sexual abuse among Tanzanian university students. This investigation addressed this paucity. The nature of sexual abuse was also investigated. Method: Participants (N= 487) from a university in Tanzania completed a questionnaire which assessed abusive childhood sexual experiences, gathering information about age of victim, duration of abuse, perpetrators, amount of force or persuasion involved, and potential causes of child sexual abuse. A number of individuals were also interviewed about their experiences. Results: The overall prevalence rate for child sexual abuse was 27.7%, with rates being higher for females than for males. The average …

Global Macroeconomic Trends, Thomas Power

Articles

The business of real estate is but a subset of the wider investment markets and macroeconomic trends will significantly shape the way real estate investment decisions are made. The McKinsey Institute is a global economic consultancy firm providing cutting-edge research on a wide range of macroeconomic and business trends. This article reviews macroeconomic trends that they believe will transform the global economy. McKinsey research show that “over two-thirds of organic growth of western companies can be attributed to being in the right markets and geographies” and “companies that ride the tide succeed and those that swim against it usually struggle” …

Instruction Via Instant Messaging Reference: What’S Happening?, Christina M. Desai, Stephanie J. Graves

Articles

Purpose – The purpose of this study is to analyze one Instant Messaging (IM) reference service to determine to what extent instruction is or can be offered in this medium and whether patrons want or expect it.

Design/methodology/approach – The authors surveyed IM patrons over a seven week period to determine whether they felt they could and did learn from chat transactions. Transcript content was analyzed to find out whether and how instruction is being offered.

Findings – Results show that patrons overwhelmingly welcome instruction and that it is provided in a large majority of cases, using a variety of …

A New Progressivism, Cass R. Sunstein

Articles

There are serious problems with the two twentieth-century approaches to government: the way of markets and the way of planning. The New Progressivism simultaneously offers (1) a distinctive conception of government's appropriate means, an outgrowth of the late-twentieth-century critique of economic planning, and (2) a distinctive understanding of government's appropriate ends, an outgrowth of evident failures with market arrangements and largely a product of the mid-twentieth-century critique of laissez faire. The New Progressivism emphasizes the need to replace bans and commands with appropriate incentives, and to attend to social norms and social meanings in leading human behavior in welfare-promoting directions. …

Government Secrets, Constitutional Law, And Platforms For Judicial Intervention, Adam M. Samaha

Articles

American law has yet to reach a satisfying conclusion about public access to information on government operations. But recent events are prompting reconsideration of the status quo. As our current system is reassessed, three shortfalls in past debates should be overcome. The first involves ignorance of foreign systems. Other democracies grapple with information access problems, and their recent experiments are illuminating. Indeed they expose two additional domestic weaknesses. One is a line we have drawn within constitutional law. Courts and commentators tend to treat constitutional issues of public access separately from those of executive discretion to withhold information, but these …

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The Supreme Court does not require any special procedural safeguards when police interrogate youths and use the adult standard--“knowing, intelligent, and voluntary under the totality of the circumstances”--to gauge the validity of juveniles' waivers of Miranda rights. Developmental psychologists have studied adolescents' capacity to exercise Miranda rights, questioned whether juveniles possess the cognitive ability and adjudicative competence necessary to exercise legal rights, and contended that immaturity and vulnerability make juveniles uniquely susceptible to police interrogation tactics. In the four decades since the Court decided Miranda, we have almost no empirical research about what actually occurs when police interview criminal suspects, …

Raz, Authority, And Conceptual Analysis, Brian Bix

Articles

In "Authority: Revisiting the Service Conception," Joseph Raz reflects on his work on the nature of authority, defending much of what he has written on the subject, while offering some additional clarifications and modifications. I must leave to others a more direct assessment of Raz's views on authority, and the revisions he has suggested in this most recent paper. I will instead focus on some of the methodological considerations he discusses in this paper; in particular, I will compare and contrast Raz's discussion here about conceptual analysis and the concept of authority with his recent analyses of the conceptual analysis …

Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield

Articles

No abstract provided.

Juveniles' Competence To Exercise Miranda Rights: An Empirical Study Of Policy And Practice, Barry C. Feld

Articles

The United States Supreme Court has decided more cases involving the interrogation of juveniles than any other aspect of juvenile justice administration. 1 Although it has cautioned trial judges to be especially sensitive to the effects of youthfulness and immaturity on a defendant's ability to waive or to invoke her Miranda rights and to make voluntary statements, the Court has not mandated any special procedural protections for immature suspects. Instead, it endorsed the adult waiver standard - "knowing, intelligent, and voluntary" under the "totality of the circumstances" - to gauge the validity of a juvenile's waiver of Miranda rights. 2

The Regulatory Void Of Contingent Work, Stephen F. Befort

Articles

No abstract provided.

Political Violence And Gender In Times Of Transition, Fionnuala Ní Aoláin

Articles

At the heart of transitional justice discourse is an ongoing conversation about accountability for human rights violations that occur in a context of regime repression or violent conflict. That accountability dialogue has generally been preoccupied with attempts to define the forms of political violence that should be addressed by various formal and informal mechanisms, such as trials and other truth-seeking processes. This Article will examine the multiple ways in which transitional justice processes have conceptualized political violence, and how that maps onto a gendered understanding of violence experiences and accountability mechanisms in a transitional context.

Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter

Articles

It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …

A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor

Articles

Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …

Latcrit X Afterword: Beyond The First Decade: A Forward-Looking History Of Latcrit Theory, Community And Praxis, Berta Hernandez-Truyol, Angela Harris, Francisco Valdes

Articles

No abstract provided.

The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri

Articles

No abstract provided.

The Application Of The Talc Model: A Literature Survey, Rick Lagiewski

Articles

This chapter categorizes and documents a selection of major works relevant to Butler's 1980 article on the TALC. The goal is to present a simple, yet informative chapter that helps scholars find and select appropriate works and commentary pertaining to the TALC model. It is important to note that this chapter is not meant to be a literature 'review' of the original 1980 article, but rather a literature 'survey' that documents the works of others who have solidified this work as an academic classic in the field of tourism. This chapter does not take into consideration the new contributions to …

Foreword [To Boilerplate: Foundations Of Market Contracts Symposium], Omri Ben-Shahar

Articles

It is tempting to open this symposium with yet another "boilerplate" salute to the challenge that standard-form contracts pose for contract law doctrine. You may have seen many tributes to this fundamental problem. If I were to offer my own variation on this familiar introduction, I would have perhaps tried to come up with an original spin to induce you to read forward another paragraph or two. I would probably have talked about a major divide within contract law between the "law of negotiations" and "product regulation." The former is the body of doctrines that determine the legal consequences of …