Digital Commons Network^™

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

Articles

I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Design-Based Research Mobile Gaming For Learning Jewish History, Tikkun Olam, And Civics, Owen Gottlieb

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How can Design-Based Research (DBR) be used in the study of video games, religious literacy, and learning? DBR uses a variety of pragmatically selected mixed methods approaches to design learning interventions. Researchers, working with educators and learners, design and co-design learning artifacts and environments. They analyze those artifacts and environments as they are used by educators and learners, and then iterate based on mixed methods data analysis. DBR is suited for any "rich contextualized setting in which people have agency." (Hoadley 2013) such as formal or informal learning environments.

The case covered in this chapter is a mobile Augmented Reality …

Career Development And Personal Success Profile Of Students - Followers And Students - Potential Future Leaders: The Case Of Rit Croatia, Jasminka Samardzija, Joseph Kevin Walker, Vanda Bazdan

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This study examines the differences among students in terms of self-reported leadership characteristics. It was conducted among all three programs and four generations of undergraduates at RIT Croatia. The goal of this study is to determine the differences among students who report being more and less leadership prone (Potential Future Leaders and Followers, respectively) with regard to demographic characteristics, reported self reliance socialization pattern, college level and program choice, career focus attainment and development, and reported attitudes regarding the importance of specific personality traits in leadership, the importance of specific career development factors and success indicators. Research showed that generation …

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia S. Abril, Nicholas Greene

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Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet's ability to broadcast widely and permanently, has put everyone's off-duty speech, conduct, and reputation under the microscope. Media reports detailing people's digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates-and are increasingly binding them to morality …

The Patient Survey Programme: Transforming The Patient Experience In Irish Healthcare, Vivienne Byers, D. Fahey, C. Mullins, C. Roe

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For more than a decade, health policy in Ireland has pushed the centrality of the patient in the delivery and management of healthcare services, including the development of a National Strategy for Service User Involvement in the Health Service 2008–2013 (Health Service Executive, 2008). More recently, the need to provide a ‘patientcentred’ (Department of Health, 2012, 2013, 2014) or ‘person-centred’ (Department of Health, 2016) service has been a guiding principle of health policy documents. The National Service Plan 2017 (Health Service Executive, 2016) also outlines the importance of increasing the rates of service user engagement and feedback across the health …

A National Audit Of Smoking Cessation Services In Irish Maternity Units, C. Reynolds, B. Egan, Shona Cawley, S. Sheehan, M. Turner

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Irish Medical Journal

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Subjective Usability, Mental Workload Assessments And Their Impact On Objective Human Performance, Luca Longo

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Self-reporting procedures and inspection methods have been largely employed in the fields of interaction and web-design for assessing the usability of interfaces. However, there seems to be a propensity to ignore features related to end-users or the context of application during the usability assessment procedure. This research proposes the adoption of the construct of mental workload as an additional aid to inform interaction and web-design. A user-study has been performed in the context of human-web interaction. The main objective was to explore the relationship between the perception of usability of the interfaces of three popular web-sites and the mental workload …

The Cost Of Inexperience, Mirit Eyal-Cohen

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Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses Yet in recent years studies show that newcomers are less successful than existing firms that have diversifies their products in the market What might explain this phenomenonThis Article unveils a regulatory catch 22 It reveals that although a regulation may be efficient in correcting a certain market failure its distributional effects may create another It exposes the degree to which "economies of experience" in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers Being wellversed in their marketplace oldtimers possess knowledge …

Lawyer Resilience Alabama Lawyer Assistance Program, Pamela Bucy Pierson

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No abstract provided.

"Then To Death Walked, Softly Smiling": Violence And Martyrdom In Modern Irish Republican Ballads, Seán Ó Cadhla

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This article critically considers the representation of death within the song tradition of modern Irish Republicanism. I explore how such representations have changed in parallel with the various ideological metamorphoses that Irish Republicanism has undergone, specifically in the twentieth century. I argue that the centrality of self-sacrifice has resulted in the development of ballad narratives that deliberately obfuscate on the issue of Republican violence, resulting in the deaths of all Republican militants (regardless of cause or context), ultimately portrayed as a form of heroic self-martyrdom.

San alt seo, déantar anailís chriticiúil ar léiriú an bháis i dtraidisiún amhránaíocht Phoblachtach na …

The Taking Economy: Uber, Information, And Power, Ryan Calo, Alex Rosenblat

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Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other value but raises concerns around racial bias, safety, and fairness to competitors and workers that legal scholarship has begun to address. Missing from the literature, however, is a fundamental critique of the sharing economy grounded in asymmetries of information and power.

This Essay, coauthored by a law professor and a technology ethnographer who studies work, labor, and technology, furnishes such a critique and proposes a meaningful response through updates to consumer protection law. Commercial firms have long used what …

Hacking Qualified Immunity: Camera Power And Civil Rights Settlements, Mary D. Fan

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Excessive force cases are intensely fact-specific. Did the suspect resist, necessitating the use offorce? What threat did the suspect pose, if any? Was the use of force excessive in light of the situation? These are judgment calls based on myriad facts that differ from case to case. Establishing what really happened forces courts and juries to wade into a fact-bound morass filled with fiercely conflicting defendant-said, police-said battles.

Now an evidentiary transformation is underway. We are in an era where the probability of a police encounter being recorded has never been higher. With the rise of recording—by the public as …

Justice Visualized: Courts And The Body Camera Revolution, Mary D. Fan

Articles

What really happened? For centuries, courts have been magisterially blind, cloistered far away from the contested events that they adjudicate, relying primarily on testimony to get the story—or competing stories. Whether oral or written, this testimony is profoundly human, with all the passions, partisanship and imperfections of human perception.

Now a revolution is coming. Across the nation, police departments are deploying body cameras. Analyzing body camera policies from police departments across the nation, the article reveals an unfolding future where much of the main staple events of criminal procedure law will be recorded. Much of the current focus is on …

Assessment Of Mental Workload: A Comparison Of Machine Learning Methods And Subjective Assessment Techniques, Karim Moustafa, Saturnino Luz, Luca Longo

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Mental workload (MWL) measurement is a complex multidisciplinary research field. In the last 50 years of research endeavour, MWL measurement has mainly produced theory-driven models. Some of the reasons for justifying this trend includes the omnipresent uncertainty about how to define the construct of MWL and the limited use of datadriven research methodologies. This work presents novel research focused on the investigation of the capability of a selection of supervised Machine Learning (ML) classification techniques to produce data-driven computational models of MWL for the prediction of objective performance. These are then compared to two state-of-the-art subjective techniques for the assessment …

Development Of Methodology For Raman Microspectroscopic Analysis Of Oral Exfoliated Cells, Hugh Byrne, Fiona Lyng, Alison Malkin, Ola Ibrahim, Genecy Calado, Steven Flint, Isha Behl

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Oral squamous cell carcinoma ranks as the 15th most common cancer worldwide. The present study was undertaken to standardise a protocol for the analysis of oral exfoliated cells using Raman microspectroscopy. For this purpose, samples were obtained from two different sites, based on prevalence of disease (ventral side of the tongue and buccal mucosa). Different oral rinsing agents were employed and it was concluded that non-alcoholic mouthwash adequately removes food debris. Samples were collected using various collection tools and compared. It was observed that endo-cervical brushes yielded cells from deeper layers of the epithelium. Furthermore, monolayer formation of cells was …

Impact Of Supplemental Home Enteral Feeding Postesophagectomy On Nutrition, Body Composition, Quality Of Life, And Patient Satisfaction, C.L. Donohoe, L.A. Healy, M. Fanning, Suzanne Doyle, A. Mchugh, J. Moore, N. Ravi, J.V. Reynolds

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The aim of this prospective cohort study is to analyze the impact of supplemental home enteral nutrition (HEN) post-esophageal cancer surgery on nutritional parameters, quality of life (QL), and patient satisfaction. A systematic review reported that over 60% of patients lose >10% of both body weight and BMI by 6 months after esophagectomy. Enteral feeding (EF) is increasingly a modern standard postoperatively; however, the impact of extended HEN postdischarge has not been systematically studied. One hundred forty-nine consecutive patients [mean age 62 ± 9, 80% male,76% adenocarcinoma, 66% on multimodal protocols, and 69% with BMI ≥ 25 kg/m2] were studied. …

Preferences Of Women For Web-Based Nutritional Information In Pregnancy, Rachel Ak Kennedy, Laura Mullaney, C.M.E. Reynolds, Shona Cawley, Daniel Mccartney, M.J. Turner

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Objectives During pregnancy, women are increasingly turning to web-based resources for information. This study examined the use of web-based nutritional information by women during pregnancy and explored their preferences. Study design Cross-sectional observational study. Methods Women were enrolled at their convenience from a large maternity hospital. Clinical and sociodemographic details were collected and women's use of web-based resources was assessed using a detailed questionnaire. Results Of the 101 women, 41.6% were nulliparous and the mean age was 33.1 years (19–47 years). All women had internet access and only 3% did not own a smartphone. Women derived pregnancy-related nutritional information from …

Beyond Logic And Norms: A Figurational Critique Of Institutional Theory In Organisation Studies, Paddy Dolan, John Connolly

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This paper provides a figurational critique of one of the most dominant theoretical frames within organisation studies - institutional theory. Despite its status as the leading theoretical lens for explaining organisational change, institutional theorists continue to struggle with the so called agencystructure issue and remain divided in how to overcome it. Our primary criticisms concern the propensity to invoke or generate dualisms, the reliance on the sociological frames which sustain this, and the failure to engage in any comprehensive way with Elias’s writings on this subject.

Market Dimensions Of Industrial Juice Production, Anushree Priyadarshini

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The juice sector is currently demonstrating positive and dynamic growth mainly due to a change in lifestyle, the tendency of consumers to prefer healthy products, and an increase in purchasing power. Fruit juices form part of what are termed the “new age beverages.” In sync with growing consumer inclination toward healthier choices, manufacturers are moving over to healthier ingredients in their juices. Numerous new and innovative products are being launched globally by manufacturers to stimulate sales through innovations in flavor blends, calorie and sweetness levels, and functional benefits, very much shaped by the major lifestyle trends. This chapter aims to …

Barriers To Glaucoma Case Finding As Perceived By Optometrists In Ireland, Catriona Barrett, Colm O'Brien, John Butler, James Loughman

Articles

Background: This research was designed to provide an in-depth exploration of the perceptions of optometrists relating to the challenges of glaucoma case finding in the Irish health-care system.

Methods: A survey was developed, piloted and distributed for anonymous completion by optometrists registered to practice in Ireland. The survey included 10 five-level Likert items exploring potential barriers to glaucoma detection and a free-text box for participants to comment more broadly.

Results: One hundred and ninety-nine optometrists (27 per cent of registrants) responded to the survey. Among the barriers identified, there was notable agreement (71 per cent) with the need for extra …

Investigating Industry Expert Discourses On Aspirational Csr Communication, Lisa Koep

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Purpose – The purpose of this paper is to investigate industry expert discourses on aspirational corporate social responsibility (CSR) communication. Analysing CSR managers’ and communication consultants’ talk about aspirational talk as constitutive of aspirational CSR communication, the data provide valuable insights into the dominant discourses, and draw attention to the manifold elements in the process of aspirational CSR communication. Design/methodology/approach – Data gathered during 11 in-depth, qualitative interviews with food industry experts in CSR and CSR communication roles in Ireland, the UK and the USA are studied. Findings – The analysis of industry expert discourses suggests that communicating CSR, and …

Not Young Guns Anymore: Dementia And The Second Amendment, Fredrick E. Vars

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No abstract provided.

Stress Hardiness And Lawyers, Pamela Bucy Pierson, Ashley Hamilton, Michael Pepper, Megan Root

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This article empirically analyzes original data to look at stress and stress hardiness in the legal profession A number of studies address stress in the legal profession and its impact on the mental health of lawyers Our study is the first to examine stress hardiness in the legal profession Drawing on quantitative data gathered from 20132016 in surveys of 530 law students and lawyers and qualitative data from 106 indepth interviews with lawyers and building on the work of research psychologists Salvatore Maddi and Suzanne Kobasa we look at whether some lawyers more stress hardy than others and if so …

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

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No abstract provided.

Interpretive Divergence, Neha Jain

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No abstract provided.

Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti

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No abstract provided.

Monitoring Player Fitness, Fatigue Status And Running Performance During An In-Season Training Camp In Elite Gaelic Football, Shane Malone, Brian Hughes, Mark Roe, Kieran Collins, Martin Buchheit

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Objectives: To examine selected perceptual and physiological measures to monitor fitness, fatigue and running performance during an in-season training camp in elite Gaelic football. Methods: Twenty-two elite Gaelic football players were monitored for training load, perceived ratings of wellness, heart rate variability (HRV; LnSD1), heart rate recovery (HRR), exercise heart rate (HRex), lower limb muscular power (CMJ) and global positioning system (GPS) variables. The Yo-Yo intermittent recovery test level 1 (Yo-YoIR1) was assessed pre and post the training camp. With specific small-sided games (SSG) used as a measure of running performance. Results: During the camp, HRex decreased (−12.2%), HRR increased …

The Relationship Between Technical Performance Indicators And Running Performance In Elite Gaelic Football, Shane Mangan, Martin Ryan, Simon Devenney, Aidan Shovlin, Jason Mcgahan, Shane Malone, Cian O'Neill, Con Burns, Kieran Collins

Articles

The aim of the current study was to assess whether technical performance relates to positional running demands of elite Gaelic football players. Over a period of three years (2014–2016), four elite Gaelic football teams were monitored using GPS technologies. Four hundred and thirty-two individual player samples were collected from 52 competitive matches. Video analysis software was used to code technical performance indicators in all games. Pearson’s correlations were performed between all technical variables and total distance (m) and high-speed distance (≥17 km h−1). Total ball in play time had small to medium effects (r = .233 to .390, p …

Time To Refocus Assessment Of Vision In Older Adults? Contrast Sensitivity But Not Visual Acuity Is Associated With Gait In Older Adults, James Loughman, Eoin Duggan, Orna Donoghue,, Rose Anne Kenny, Hilary Cronin, Ciarán Finucane

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Background:

The relationship between measures of visual function and gait related risk factors for falls is unclear. In this study, we examine the relationship between visual function (visual acuity [VA] and contrast sensitivity [CS] at multiple spatial frequencies) and quantitative spatiotemporal gait, using a large, nationally representative sample of community dwelling older adults.

Methods: Participants aged 50 and over were recruited as part of The Irish Longitudinal Study on Ageing (TILDA). VA was measured with the LogMAR chart according to the Early Treatment of Diabetic Retinopathy Study protocol. CS was measured at five spatial frequencies ranging 1.5 to 18 cycles …

Perceived Barriers Of Optometrists To Glaucoma Case Findings In Ireland, James Loughman, Catriona Barrett, Colm O’Brien, John S. Butler

Articles

Background:

This research was designed to provide an in-depth exploration of the perceptions of optometrists relating to the challenges of glaucoma case finding in the Irish health-care system.

Methods: A survey was developed, piloted and distributed for anonymous completion by optometrists registered to practise in Ireland. The survey included 10 five-level Likert items exploring potential barriers to glaucoma detection and a free-text box for participants to comment more broadly.

Results: One hundred and ninety-nine optometrists (27 per cent of registrants) responded to the survey. Among the barriers identified, there was notable agreement (71 per cent) with the need for extra …