Digital Commons Network^™

The Economics Of Open Access Law Publishing, Jessica D. Litman

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The conventional model of scholarly publishing uses the copyright system as a lever to induce commercial publishers and printers to disseminate the results of scholarly research. Recently, we have seen a number of high-profile experiments seeking to use one of a variety of forms of open access scholarly publishing to develop an alternative model. Critics have not quarreled with the goals of open access publishing; instead, they've attacked the viability of the open access business model. If we are examining the economics of open access publishing, we shouldn't limit ourselves to the question whether open access journals have fielded a …

The Weight Of The World: Consuming Traditional Masculine Ideologies, Andrew Dunne, Olivia Freeman, Roger Sherlock

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This paper explores the relationship between the body, masculinity and the consumption of body-focussed activities. It examines the meaning and importance of strength training for men.
Strength training is of interest because its increase in popularity is occurring at a particular point in time when a growing number of men are experiencing insecurities over their masculine identities as a result of recent socio-economic changes. This paper proposes that men today are facing a dilemma in terms of masculine identity. This dilemma hinges on the growing objectification of the male body in the media and its cultural messages regarding masculinity.

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

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My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …

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

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It was once perceived, and still is commonly taught, that default rules in contract law must mimic efficient arrangements. Otherwise, these rules impose needless transaction costs upon parties who seek to opt out of them to reach more efficient positions. In settings where these costs are high, parties might find themselves "stuck" in a default, unable to reach the outcome that they prefer. The strong version of this account-that the only factor that can make an inefficient default rule stick is the direct cost of drafting a tailored provision-has been gradually reappraised. It is by now recognized that factors beyond …

Post-Admissions Educational Programming In A Post-Grutter World: A Response To Professor Brown, Evan H. Caminker

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When asked to provide commentary on another scholar's reflections on Grutterl and Gratz and affirmative action, I am usually struck by two fears. First, because so much ink has been spilled on this topic, I worry the main presenter will have nothing new and interesting to say. Today this worry has been put to rest; I am so pleased that Professor Dorothy Brown offers a number of novel and intriguing observations and, in the end, advances a novel and intriguing proposal about the role Critical Race Theory ought to play in our nation's law school classrooms. Second, for the same …

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

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Abstract:

This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

Forces Driving And Shaping Legal Training Reform In Japan, Daniel H. Foote

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After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of those forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

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The chronicle proceeds as a dialogue between the fictional alter ego Rodrigo Crenshaw and an older professor After meeting in Rodrigos city the two friends joined later by Giannina go out to dinner Rodrigo who is on his law schools admissions committee has been thinking about affirmative action Prompted by his conservative colleague Laz Rodrigo has formulated a severalpronged attack on Sanders premise that stairstep admissions and later law firm hiring just hurts the cause of black lawyersThe professor presses Rodrigo to defend his views and the arrival of Giannina requires him to articulate them even more You will enjoy …

Tending To The Spirit: A Proposal For Healing The Hearts Of Black Children In Poverty Black Children And Their Families In The 21st Century: Surviving The American Nightmare Or Living The American Dream, Steven H. Hobbs, Shenavia Baity

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No abstract provided.

Indexing Change In Lis Work: Implications For Recruiting Managers, John Cullen, Allison Kavanagh

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Purpose: This paper reports on three periods of library and information service (LIS) recruitment data collected over a six-year timeframe with the aim of developing a tool for indexing change in the recruitment and labour market for workers in the field. Methodology / Approach: The recruitment data was collected in an Irish context over three distinct 12-month timeframes (1999, 2001-2002 and 2005). The two earlier annual sets of data have already been reported and discussed (the latter in Library Management in 2004a), and the most recent set (2005) is presented here. The data over the three timeframes is compared here, …

Antidiscrimination Law In The Administrative State, Julie C. Suk

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The article argues that antidiscrimination law in the U.S. should shift its focus from corrective justice, which addresses individual wrongs, to distributive justice, which aims to eradicate systemic inequalities and promote equal opportunities. This shift would require enhancing the role of administrative agencies, such as the EEOC, to enforce antidiscrimination laws more effectively through proactive regulation and rulemaking. The article draws on the British model, where administrative agencies have stronger enforcement powers, to suggest reforms for the EEOC.

Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen

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No abstract provided.

Beautiful Dreamer: Review Of A Life Of H.L.A. Hart: The Nightmare And The Noble Dream, By Nicola Lacey, Jeanne L. Schroeder

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H.L.A. Hart is probably the most important legal theorist in the modern English-speaking world. The intriguing subtitle of Nicola Lacey's intimate biography, "The Nightmare and the Noble Dream, " echoes the name of Hart's 1997 Georgia Law Review paper, in which he identifies two warring, equally inadequate, visions of law in American jurisprudence: the "nightmare" of complete indeterminacy and unbridled judicial discretion and the "noble dream " of a closed, deterministic legal system of judicial restraint. Lacey implies that Hart's life itself was both a nightmare and a noble dream. This book review expands on Lacey's work and suggests how …

Smart Growth: A Buffer Zone Between Decentrist And Centrist Theory?, Dorothy Stewart, Lorcan Sirr, Ruth Kelly

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The context for planning at the turn of the 19th century, in a newly industrialized world, was based on the need to find solutions to overcrowding and dire urban conditions. Planning decisions made in the post-World War II period were primarily motivated by the desire to reconstruct war torn cities. The forces of influence for planning and development in modern advanced capitalist societies are arguably set within the context of sustainable development. Many developed countries have witnessed a dramatic change in their territorial structures. Urban centres are extending into rural areas and surrounding hinterland, where large tracts of land are …

Touristic Transcendence And Post Modern Flitting: An Exploration Of The Experiences Of Second Home Owners, Deirdre Quinn, Darach Turley

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The focus of this article is the experience of the tourist as s/he moves between ordinary everyday non-tourist life and tourist life in the current postmodern consumption context.

A comprehensive review of the existing literature on second home consumption is presented. There is some emphasis on how it is practised by the Irish second home owner. This is a group that has been identified as being relatively under-researched in a consumer behaviour context; it is a group thst is affluent, growing and heterogeneous (Mottiar and Quinn 2003).

The vacation home is a complex issue within tourism being viewed as 'a …

Cts Dubrovnik 2005 Touristic Transcendence, Deirdre Quinn, Darach Turley

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Research aims: This study aims to explore the experience of transition of the tourist as s/he transits between ordinary non-tourist life and tourist life, in the case of the second homeowner. Research approach: An emic approach employing an interpretive, ethnographic methodology was deemed to be particularly appropriate to these aims.

Developing A Participatory Consultation Process For Quality Reviews:The Initial Stage Of The European University Associations Quality Review Of The Technological University Dubin, Aidan Kenny

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This paper describes the evolution of a consultation process utilized by the Technological University Dubin (DIT) as part of a quality review process. An emphasis is placed on outlining: the collaborative nature of the enquiry; the guidelines and code of ethics adopted; the social research methodology utilized both quantitative (online surveys, staff n=1831, student’s n=21094) and qualitative (6 staff focus groups n=45 and 4 stakeholder focus groups n=24 and faculty board submissions 6). Instrument construction, theme sheet design and sampling procedures and response rate are detailed. The author, as consultation facilitator, provides an narrative of events and applies theory to …

Hard Cases And The Politics Of Righteousness, Carl E. Schneider

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The law of bioethics has been the law of cases. Interpreting the common law and the Constitution, judges have written the law of informed consent, abortion, and assisted suicide. Reacting to causes célèbres, legislatures have written the law of advance directives and end of life decisions. The long, sad death of Terri Schiavo eclipsed even the long, sad deaths of Karen Ann Quinlan and Nancy Beth Cruzan in the duration and strength of the attention and passions it evoked. What are Schiavo’s lessons? Hard cases, lawyers say, make bad law. Why? First, hard cases are atypical cases. They present abnormal …

An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher

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The social sciences in general and educational researchers in particular have become more and more conscious of ethical propriety and the need for universally acceptable codes of ethical conduct in recent years. This newfound interest stems in part from criticisms of innovative contemporary research methodologies, and the fear that they may be at odds with certain fundamental ethical principles. This, in turn, has resulted in the integrity and validity of some of these new contemporary styles of research being held up to scrutiny and debated by adherents to the more conventional research methodologies. This paper begins by tracing back to …

Contradictions In Irish Academic Research, Stephen Jerrams, John Donovan

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The conditions that govern academic research vary greatly from country to country and research in the Republic of Ireland was and remains markedly different from that of its larger European neighbours and the United States. Despite the quality of its education system and the excellent reputation of its universities, until recently Ireland had relatively low levels of academic research. Pinnacles of excellence could be found in certain disciplines, but state funding was low and issues relating to industrial collaborations, international partnerships, commercialisation and the exploitation of Intellectual Property (IP) rarely arose. Even today the Irish Government’s spending on academic research, …

What Does "Religion" Mean In The Public Square?, Marci A. Hamilton

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No abstract provided.

The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson

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This paper documents the present system of custodial remands for children under sixteen years in Ireland. The research includes the entire population of children remanded into custody during the summer of 2000 (N=117). A flow chart model illustrates these young people’s experiences, and the paper highlights issues such as the number of non-offending children who are in custody (21%); the cycle of repeated remands and court appearances (up to 22 repeats); excessive periods of time spent in secure detention (up to 351 days); and the use of remand facilities for those awaiting a suitable residential placement (57%). It provides an …

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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No abstract provided.

The Influence Of F.A. Hayek On Law: An Empirical Analysis, M. Todd Henderson

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No abstract provided.

International Court Of Justice: Voting And Usage Statistics, Eric A. Posner

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No abstract provided.

The Expressive Power Of Adjudication, Richard H. Mcadams

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This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …

In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer

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No abstract provided.

A Social Networks Theory Of Privacy, Lior Strahilevitz

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What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …

Pets Or Meat, Mary Anne Case

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No abstract provided.

The Right To Destroy, Lior Strahilevitz

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No abstract provided.