Digital Commons Network^™

The Positive Psychology Of Maritime Health, Joanne Mcveigh, Malcolm Mclachlan, Bill Kavanagh

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The remote, isolated, confined, and safety-critical environment of seafaring exposes seafarers to a very specific assortment of stressors. Research suggests that seafarers as a professional group are amongst those at high risk for stress and associated mental health conditions. This article explores positive psychology as an approach to supporting wellbeing at sea. Positive psychology may support health, positive attitudes and productive work behaviour; however it cannot and should not be employed as a means of inoculating seafarers against the negative consequences of fundamentally unreasonable work practices. Rather, positive psychology can help seafarers thrive in an overall context that recognises and …

Developmental Jurisprudence, Emily Buss

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No abstract provided.

Informant Witnesses And The Risk Of Wrongful Convictions, Jessica A. Roth

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Several studies in the last two decades have revealed that false criminal informant testimony is a leading factor in wrongful convictions, along with false confessions, eyewitness misidentification, and faulty forensic science. Although a great deal more remains to be done, many jurisdictions have implemented evidence-based reforms to these last three categories of evidence. Policy about criminal informants, however, seems to be stubbornly stagnant, and relevant social science is virtually nonexistent. This Article questions the relative lack of attention to informant testimony and suggests that the dangers posed by informant testimony are both greater and different than previously thought. Unlike much …

A Complainant-Oriented Approach To Unconscionability And Contract Law, Nicholas Cornell

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This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I …

Linguistic Relativism And The Decline Of The Rule Of Law, Richard A. Epstein

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No abstract provided.

Marriage Is On The Decline And Cohabitation Is On The Rise: At What Point, If Ever, Should Unmarried Partners Acquire Marital Rights?, Lawrence W. Waggoner

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This article draws attention to the cultural shift in the formation of families that has been and is taking place in this country: Marriage is on the decline and cohabitation is on the rise. Part II documents this cultural shift by using recent government data to trace the decline of marriage and the rise of cohabitation. Between 2000 and 2010, the population grew by 9.71%, but the husband-and-wife households only grew by 3.7%, while the unmarried-couple households grew by 41.4%. Because of the Supreme Court's decidion in Obergefell v. Hodges, marriage is now universally available to same-sex couples. Part …

The Paradoxes Of Public Philosophy, Brian Leiter

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No abstract provided.

Training And Developing Non-Irish Workers: The Perspectives Of Interested Stakeholders, Mary Prendergast

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Purpose – This paper aims to explore the challenges facing Irish organisations in the training and development of non-Irish workers. It analyses the importance of fluency in the host country’s language and the approach taken by organisations in relation to language training. In-depth semi-structured interviews provide significant insights for the policies and practices of multiple stakeholders.

Design/methodology/approach – The empirical research comprised 33 in-depth interviews conducted with employers, employees, trade unions and regulatory bodies, and an objective content analysis provided insights into the challenges Irish organisations face in the training and development of non-Irish workers.

Findings – The results indicate …

The Use Of Specialized Cybercrime Policing Units: An Organizational Analysis, Dale Willits, Jeffrey Nowacki

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Given the increased focus and importance of cybercrime, some police agencies have turned to the use of specialized cybercrime policing units. Research has yet to examine the how frequently these units are used in policing, nor has research examined the types of agencies most likely to use these units. The current research, drawing on contingency theory, institutional theory, and Maguire’s theory of police organizational structure, uses four waves of Law Enforcement Management and Administrative Survey data to provide a descriptive analysis of specialized cybercrime units with a focus on identifying organizational correlates, environmental pressures, and the role of time. Trend …

Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein

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For decades, opponents of marriage for same-sex couples have appealed to polygamy. The Chief Justice's dissent in Obergefell is no exception insofar as he says that the logic of the majority opinion with respect to same-sex marriage also applies to plural marriage. This Essay explores the resources for distinguishing polygamy from same-sex marriage, focusing on the mutability or immutability of the desire to engage in plural/group marriage as compared to the desires to marry someone of the same sex. It shows the appeal to immutability does not succeed in distinguishing plural/group marriages from same-sex marriages.

The Politics Of Comparative Constitutional Inquiry: At The Crossroads Of Law, Political Science, And Ideology, Michel Rosenfeld

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No abstract provided.

Challenges And Opportunities In Dfo-At: A Study Of E-Nable, Jeremiah L. Parry-Hill, Daniel L. Ashbrook

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In this paper, we present the results of a study of the e‑NABLE community–a distributed, collaborative volunteer effort to design and fabricate upper-limb assistive technology devices for distant strangers. We position e‑NABLE as the prototypical example of “Do-it-yourself For Others Assistive Technology” (DFO‑AT) and describe three key findings: how the project does and does not meet the recipient's nuanced needs for functional and social support; how e‑NABLE volunteers' motivations compare to those of volunteers for other efforts, including open source software projects; and we explore the challenges inherent in the distance between volunteers and recipients. We also describe opportunities for …

The Evolution Of Strategic Sophistication, Nikolaus Robalino, Arthur Robson

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This paper investigates the evolutionary foundation for our ability to attribute preferences to others, an ability that is central to conventional game theory. We argue here that learning others’ preferences allows individuals to efficiently modify their behavior in strategic environments with a persistent element of novelty. Agents with the ability to learn have a sharp, unambiguous advantage over those who are less sophisticated because the former agents extrapolate to novel circumstances information about opponents’ preferences that was learned previously. This advantage holds even with a suitably small cost to reflect the additional cognitive complexity involved.

Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project, J. J. Prescott, Norman D. Bishara, Evan Starr

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In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest—and the content of proposed reforms—derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1%) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete …

Justice Kennedy And The Fisher Revisit: Will The Irrelevant Prove Decisive?, Richard O. Lempert

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Most Court watchers expect Justice Kennedy to cast the deciding vote when the Supreme Court hands down its decision in this term’s installment of Fisher v. University of Texas at Austin or, as it is colloquially titled, Fisher II. What divides observers is not whose vote will be crucial, but the law that vote will make. At one extreme, Justice Kennedy could vote to uphold the Fifth Circuit’s reaffirmation of its earlier decision. When the case was heard, this would almost certainly have meant affirming the circuit court’s decision by an equally divided Court. (Justice Kagan, an almost certain supporter …

A Cross-Cultural Examination Of Preferences For Work Attributes, Melissa S. Woodard, Jane K. Miller, Daniel Miller, Kirk D. Silvernail, Chun Guo, Sudhir Nair, Mehmet Devrim Aydin, Ana Helosia Da Costa Lemos, Paul Donnelly, Vilmante Kumpikaite, Robert Marx, Linda M. Peters

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Purpose – The purpose of this paper is to examine the relationship between individual- and country-level values and preferences for job/organizational attributes. Design/methodology/approach – Survey data were collected from 475 full-time employees (average of nine years work experience, and three years in a managerial position) enrolled in part-time MBA programs in seven countries. Findings – Preference for a harmonious workplace is positively related to horizontal collectivism, whereas preference for remuneration/advancement is positively related to vertical individualism. The authors also find a positive relationship between preference for meaningful work and horizontal individualism, and between preference for employer prestige and social adjustment …

The Role Of The Popes In The Invention Of Complementarity And The Vatican's Anathematization Of Gender, Mary Anne Case

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No abstract provided.

Accelerating Expertise With Part-Task Training Of Macrocognitive Skills In The Baseball Workplace, Peter J. Fadde

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Accelerating expert performance has frustrated many researchers and trainers in human factors, naturalistic decision-making, sport science, and expertise studies – with insufficient application of expert performance theories, findings and methods to the training macrocognitive aspects of human performance. Video-occlusion methods perfected by sports expertise researchers can have great utility, in some cases offering an effective and inexpensive alternative to high-fidelity simulation. The problem seems to be that expertise research done in laboratory and field settings doesn’t get adequately translated into workplace training. So, this article presents a framework for better linkage of expertise research/training across laboratory, field, and workplace settings. …

Rebel Priests, Prophetic Voices, Eamon Maher

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No abstract provided.

Solving The Moro Problem: Legalizing The Bangsamoro Peace Process, Gene Carolan

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The purpose of this paper is to highlight the structural features that are proving central to the stability of the 2014 Comprehensive Agreement on the Bangsamoro between the Government of the Philippines and the Moro Islamic Liberation Front, and those features that were detrimental to its predecessors.

This paper finds that a more highly legalized approach to peace-making has resulted in greater agreement stability in the Philippines. More precise in detail and inclusive in scope, the legal nature of the 2014 Comprehensive Agreement has made it more responsive to the root causes of the conflict, and resilient to incidents that …

Reply To Five Critics Of Why Tolerate Religion?, Brian Leiter

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No abstract provided.

Institutional Flip-Flops, Eric A. Posner, Cass R. Sunstein

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No abstract provided.

Healing The Pain Of The Past : Ireland's Legacy Of Shame, Eamon Maher

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No abstract provided.

Atypical Visual And Somatosensory Adaptation In Schizophrenia-Spectrum Disorders, Gizely Andrade, John Butler, Gregory Peter, Sophie Molholm, John J. Foxe

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Neurophysiological investigations in patients with schizophrenia consistently show early sensory processing deficits in the visual system. Importantly, comparable sensory deficits have also been established in healthy first-degree biological relatives of patients with schizophrenia and in first-episode drug-naive patients. The clear implication is that these measures are endophenotypic, related to the underlying genetic liability for schizophrenia. However, there is significant overlap between patient response distributions and those of healthy individuals without affected first-degree relatives. Here we sought to develop more sensitive measures of sensory dysfunction in this population, with an eye to establishing endophenotypic markers with better predictive capabilities. We used …

Links Between Depressive Symptoms And Unmet Health And Social Care Needs Among Older Prisoners, Kate O'Hara, Katrina Forsyth, Roger Webb, Jane Senior, Adrian Hayes, David Challis, Seena Fazel, Jenny Shaw

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Background: absolute numbers of older prisoners and their proportion of the total prison population are increasing. They have multiple health and social care needs that are prominent on entry into prison. No previous studies have identifed older prisoners’health and social care needs at this crucial point Objective: to examine unmet health and social care needs among older men entering prison and their links with depressive symptoms.

Post Critical Again, Charlie Cannon

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No abstract provided.

Turning To Case Studies As A Mechanism For Learning In Action Learning, Denise O'Leary, Paul Coughlan, Clare Rigg, David Coghlan

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Case studies are a useful means of capturing and sharing experiential knowledge by allowing researchers to explore the social, organisational and political contexts of a specific case. Although accounts of action learning are often reported using a case study approach, it is not common to see individual case studies being used as a learning practice within action learning sets. Drawing on a network action learning (NAL) project, this paper explores how the process of coaching, articulating, authoring, sharing and editing case studies provided a vehicle for learning and research within a NAL set. The intended contribution of this paper to …

Exploring The Importance Of Team Psychological Safety In The Development Of Two Interprofessional Teams, Denise O'Leary

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It has been previously demonstrated that interactions within interprofessional teams are characterised by effective communication, shared decision-making, and knowledge sharing. This article outlines aspects of an action research study examining the emergence of these characteristics within change management teams made up of nurses, general practitioners, physiotherapists, care assistants, a health and safety officer, and a client at two residential care facilities for older people in Ireland. The theoretical concept of team psychological safety (TPS) is utilised in presenting these characteristics. TPS has been defined as an atmosphere within a team where individuals feel comfortable engaging in discussion and reflection without …

Getting ‘In’ And ‘Out Of Alignment’: Some Insights Into The Cultural Imagery Of Fitness From The Perspective Of Experienced Gym Adherents, Ross D. Neville, Catherine Gorman

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While the identification of risks associated with sedentary lifestyles provided a strong foundation for what we understand by ‘fitness’ today, research across the social sciences and humanities has been rather more ambivalent about the term. One important cause for concern here is the cultural proximity of ‘fitness’ to consumer culture by means of the ‘fitness industry’. It has been shown, for example, that the pursuit of fitness has become increasingly, if not exclusively, a matter of attending to the body as a marker of social status: something to be consumed for; something to be consumed by others. In this paper, …

Once Upon A Transaction: Narrative Techniques And Drafting, Karen J. Sneddon

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A granddaughter joins the family business as a partner. An entrepreneur licenses his newest product. Two parties decide to settle a dispute. A charitable idea materializes as a private foundation. A parent's belief in the power of education is perpetuated by a trust agreement. Each of these events forms a narrative. A transaction is more than the scratch of pens across signature pages or the click of keys to email an executed document. A transaction is itself a story. These stories, made with provisions and clauses, result in the formation of contracts, agreements, and wills. Conceptualizing transactions as narratives benefits …