Digital Commons Network^™

Catholic Guilt : Longing And Belonging In The Fiction Of François Mauriac And John Mcgahern, Eamon Maher

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No abstract provided.

On Hearsay, Richard A. Posner

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No abstract provided.

The Difficulties Of Democratic Mercy, Aziz Huq

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No abstract provided.

Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert

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Ashcroft v. Iqbal and its predecessor, Bell Atlantic Corp. v. Twombly, introduced a change to federal pleading standards that had remained essentially static for five decades. Both decisions have occupied the attention of academics, jurists, and practitioners since their announcement. Iqbal alone has, as of this writing, been cited by more than 95,000 judicial opinions, more than 1,400 law review articles, and innumerable briefs and motions. Many scholars have criticized Iqbal and Twombly for altering the meaning of the Federal Rules of Civil Procedure outside the traditional procedures contemplated by the Rules Enabling Act. Almost all commentators agree that …

Fatigue Modeling Via Mammalian Auditory System For Prediction Of Noise Induced Hearing Loss, Pengfei Sun, Jun Qin, Kathleen Campbell

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Noise induced hearing loss (NIHL) remains as a severe health problem worldwide. Existing noise metrics and modeling for evaluation of NIHL are limited on prediction of gradually developing NIHL (GDHL) caused by high-level occupational noise. In this study, we proposed two auditory fatigue based models, including equal velocity level (EVL) and complex velocity level (CVL), which combine the high-cycle fatigue theory with the mammalian auditory model, to predict GDHL. The mammalian auditory model is introduced by combining the transfer function of the external-middle ear and the triple-path nonlinear (TRNL) filter to obtain velocities of basilar membrane (BM) in cochlea. The …

Chevron Is Dead; Long Live Chevron, Michael Herz

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The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. continues to obsess academics and courts alike. Despite all the attention, however; the "Chevron revolution" never quite happens. This decision, though seen as transformatively important, is honored in the breach, in constant danger of being abandoned, and the subject of perpetual confusion and uncertainty. This Essay seeks both to bury and to praise Chevron. Chevron is not a revolutionary shift of authority from the judiciary to the executive. That Chevron is dead. The Chevron that survives is an appropriate allocation of decisionmaking responsibility among the three …

Using Sequential Mixed Methods In Enterprise Policy Evaluation: A Pragmatic Design Choice?, Anthony Paul Buckley

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How might policy instruments contribute to indigenous firm growth and how can the effects of these instruments be evaluated at both firm and policy level? This paper illustrates how a mixed methods research design and data analysis strategy can pragmatically address the research questions outlined above. The advantages and challenges of employing quantitative research methods (what happened?) followed by confirmatory qualitative research methods (how and why did it happen?) in a multiphase sequential explanatory design is explored. The data analysis strategy is firstly to analyse the data generated from a ‘before and after’ quasi-experiment (with statistical controls), then data from …

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

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This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. 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%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …

Contract Remedies In Action: Specific Performance, Yonathan A. Arbel

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How is a right to specific performance of a contract used by parties? Despite longstanding scholarly interest in the topic, this question has been largely left unexplored. This Article presents a qualitative study of parties and attorneys involved in specific performance litigation. It investigates how parties choose between remedies, whether they negotiate after judgment for specific performance, whether specific performance is implemented, and the difficulties involved in its implementation.

The findings reveal important theoretical oversights and challenges to prevailing law. In practice, many plaintiffs opt out of specific performance. This is puzzling as expectation damages are notoriously under compensatory relative …

Improving Operator Situational Awareness With Wide Area Geographic Data View Displays Of The Electric Power Grid, Esa M. Rantanen, Limor Hochberg, Diego Klabjan, Mingyang Di

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To reduce clutter on wide-area geographic data view displays of electric power systems, substations in geographically compact areas should be spread out and line overlaps and intersections minimized. Such pat- terns optimized with respect to given constraints can be modeled as a multicommodity flow problem. Due to the size of the developed model, we developed two clustering-based iterative algorithms to decompose the global network into smaller regions and then iteratively solve the subproblem in each region by readjusting some values. Three solutions were selected for experimental evaluation. The experimental results were somewhat inconclusive, due to naïve participants, simple task, and …

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz

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No abstract provided.

Perceived Adequacy Of Illumination, Spatial Brightness, Horizontal Illuminance And Mean Room Surface Exitance In A Small Office, James Duff, Kevin Kelly, Christopher Cuttle

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This paper presents a pilot study that investigated the suitability of mean room surface exitance as a predictor of spatial brightness and perceived adequacy of illumination, and then compared these results with how horizontal illuminance predicted both items under the same conditions. The experiment included 26 participants. A small office was used for the study. It exposed participants to three levels of mean room surface exitance, each delivered with three different light distributions and across three different surface reflectances, resulting in a total of 27 light scenes. A clear relationship existed between mean room surface exitance and both perceived adequacy …

‘Ireland On A Plate’: Curating The 2011 State Banquet For Queen Elizabeth Ii, Elaine Mahon

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State dining has been shown to define the social, cultural and political position of a nation’s leaders (Albala, 2011; Baughman, 1959; Strong, 2003) and has been used by rulers for centuries to display wealth, cement alliances and impress foreign visitors (Albala, 2007; De Vooght and Scholliers, 2011; Young, 2002). This paper will show how the state banquet for Queen Elizabeth II was carefully curated to represent Ireland’s diplomatic, cultural and culinary identity. As the first visit by a reigning British monarch since Ireland had gained independence from Britain in 1922, the state visit of Queen Elizabeth II to Ireland in …

Peer Victimization And Drd4 Genotype Influence Problem Behaviors In Young Children, Lisabeth Fisher Dilalla, Kyle Bersted, Sufna Gheyara John

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Decades of research supports the presence of significant genetic influences on children’s internalizing (emotional), externalizing (acting out), and social difficulties, including victimization. Additionally, being victimized has been shown to relate to further behavioral problems. The current study assessed the nature of the gene-environment relationships between the DRD4 gene, peer victimization, and externalizing and internalizing difficulties in 6- to 10-year- old children. 174 children (56% girls; 88.6% Caucasian, 3.4% African American, 8% mixed race or Mayan) and their parents were administered victimization and problem behavior questionnaires, and DRD4 was genotyped for the children. An interaction between genes (DRD4) and environment (victimization) …

Co-Location, Co-Location, Co-Location: Land Use And Housing Priorities Reimagined, Lee Anne Fennell

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No abstract provided.

Genetic Influences On Peer And Family Relationships Across Adolescent Development: Introduction To The Special Issue, Lisabeth Fisher Dilalla, Paula Y. Mullineaux

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Nearly all aspects of human development are influenced by genetic and environmental factors, which conjointly shape development through several gene-environment interplay mechanisms. More recently, researchers have begun to examine the influence of genetic factors on peer and family relationships across the pre-adolescent and adolescent time periods. This article introduces the special issue by providing a critical overview of behavior genetic methodology and existing research demonstrating gene-environment processes operating on the link between peer and family relationships and adolescent adjustment. The overview is followed by a summary of new research studies, which use genetically informed samples to examine how peer and …

Toward A New Understanding Of Creative Dynamics: From One-Size-Fits-All Models To Multiple And Dynamic Forms Of Creativity, Stephen Cummings, Chris Bilton, Dt Ogilvie

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This article proposes an alternative to a managerial "best practice" approach to creativity based on the notion of creativity as a singular concept. Our alternative draws on three fundamental ideas that are emerging in different pockets of the creativity literature in a way that can be readily conceptualized and applied in practice. The first idea is that creativity is really about "creativities", or a cluster of different and discrete qualities that can be combined to suit the context in which they operate. The second is that creativity is not static: it is about "creativitying", or the action and the practice …

Faith In Our Fathers: Can You Believe In Fictional Priests?, Eamon Maher

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I was struck recently by an article that appeared in the online section ofthe Irish Times (November 14th. 2015). Written by a priest called Martin Boland, the piece was prompted by the publication of a novel by John Boyne, A History of Loneliness, which has as its main protagonist Fr Odran Yates, who is forced to live in an Ireland where the priest is more likely to be viewed as a paedophile or pariah than as a respected member of society. Clearly a novelist as disaffected as Boyne admits to being with the Catholic Church, would find it hard to …

Marx, Law, Ideology, Legal Positivism, Brian Leiter

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No abstract provided.

Designing Regulatory Experiments, Jennifer Nou

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No abstract provided.

The American Jury System: A Synthetic Overview, Richard O. Lempert

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This essay is intended to provide in brief compass a review of much that is known about the American jury system, including the jury’s historical origins, its political role, controversies over its role and structure, its performance, both absolutely and in comparison to judges and mixed tribunals, and proposals for improving the jury system. The essay is informed throughout by 50 years of research on the jury system, beginning with the 1965 publication of Kalven and Zeisel’s seminal book, The American Jury. The political importance of the jury is seen to lie more in the jury’s status as a one …

Finding, Sharing And Risk Of Loss: Of Whales, Bees And Other Valuable Finds In Iceland, Denmark And Norway, William I. Miller, Helle Vogt

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The focus of the paper is twofold: the first part is about how property rights were assigned and ranked in finds, both in those items such as bees, rings and other valuables which were previously owned, and also in those things, like whales, which were unowned. We focus on Icelandic, Danish and Norwegian laws from the twelfth and thirteenth centuries, yet most of the provisions were copied into later laws and were in force up until modern times, some even current now. The second part treats the question of how risks of loss were handled, and how simple forms of …

Work-Life Balance Practices Among Irish Hotel Employees:Implications For Hrm, Kathleen Farrell

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The aim of this paper is to examine work-life balance in the Irish hotel sector from an employee perspective with implications for HRM. 246 questionnaires from employees were returned which was a 22% response rate. Company benefits were not associated with numerical flexibility, but company benefits were associated with functional flexibility and work-life balance supports. This would suggest an integrated approach to human resource management (HRM), whereby some companies engage in a contemporary employee-focused approach, whereas other companies tend to be more traditional. The study advances the literature on the link between work-life balance programmes and other HRM practices such …

Work-Related Stress: Survey Of Academic Staff In The Institutes Of Technology Sector, Aidan Kenny

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This article presents findings from a survey of professional workers in the institutes of technology sector in Ireland regarding work-related stress. The research instrument was based on a work-related stress questionnaire developed by the UK Health and Safety Executive, augmented with a specific subset of questions relevant to the Irish higher education sector. The questionnaire format was modified to enable online delivery. It was distributed to a sample population in 2014 with a response rate over 30% (n=1,131). The research provides baseline data on work-related stress levels experienced by workers in this sector. The results associate increased levels of risk …

An Evaluation Of The Use Of Problem Based Learning And Film As A Method Of Teaching And Assessment For Social Care Students, Anne Marie Shier, David Williams

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This paper presents the results of a student evaluation of Problem Based Learning (PBL) and film as a pedagogical tool that is used to help students to experience the challenges, advantages and complexities of working in a social care context. Problem Based Learning is combined with the Hollywood film “Precious” which is used as a case study. The “problem” that students are faced with is to prepare a risk assessment and care plan for their client Precious (age 16) and her son Abdul, mirroring the real world experience and challenges of social care work. This has been evaluated by qualitative …

Using Screening And Assessment Evidence Of Trauma In Child Welfare Cases, Frank E. Vandervort

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If you are a child welfare lawyer representing children, parents, or the child welfare agency, understanding how traumatic experiences may impact your clients will help you frame your advocacy. Understanding children and their parents’ histories of exposure to potentially traumatic life events and how those events have impacted the client’s functioning—in school, in interactions with other people, and as parents—can be critical to framing your approach in the case. Evidence of the client’s trauma history and any compromised functioning that may have resulted from that trauma is critical to integrate into your advocacy.

Against Solitary Confinement: Jonah's Redemption And Our Need For Mercy, Margo Schlanger

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Author’s Note: This essay is adapted from one I wrote in September 2013 to give as a d’var Torah for Yom Kippur, and published in Tablet, an online Jewish magazine. Mostly, I’ve added footnotes. As a law professor, I am far more expert at constitutional than biblical exegesis. But perhaps because the Bible and the Constitution share their status as instrumental and highly authoritative documents, my own subjective experience of developing a reading or critique of both has turned out to be remarkably similar. Both exercises require close textual reading and wide-ranging investigation of its extant interpretations; both are informed …

Jewish Games For Learning: Renewing Heritage Traditions In The Digital Age, Owen Gottlieb

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Rather than a discontinuity from traditional modes of learning, new explorations of digital and strategic games in Jewish learning are markedly continuous with ancient practices. An explication of the close connections between traditional modes of Jewish learning, interpretive practice, and gaming culture can help to explain how Jews of the Digital Age can adopt and are adapting modern Games for Learning practices for contemporary purposes. The chapter opens by contextualizing a notion of Jewish Games and the field of Games for Learning. Next, the chapter explains the connections between game systems and Jewish traditions. It closes with a case study …

The Overlooked Benefits Of The Blackstone Principle, Jonathan Masur, John Bronsteen

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No abstract provided.

Second-Order Regulation Of Law Enforcement, John Rappaport

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No abstract provided.