Digital Commons Network^™

Ec – Seal Products: Seals And Sensibilities (Tbt Aspects Of The Panel And Appellate Body Reports), Donald H. Regan

Articles

The EC-Seal Products case stemmed from complaints by Canada and Norway against European Union regulations that effectively banned the importation and marketing of seal products from those countries. The EU said it had responded to European moral outrage at the killing of seals. Canada and Norway challenged the regime under various provisions of the Technical Barriers to Trade (TBT) Agreement and the GATT. This article considers TBT aspects of the Panel and Appellate Body decisions. It discusses issues such as whether there is any bright line to be drawn between legitimate and illegitimate purposes in regulation, the proper legal meaning …

Think Like A Businessperson: Using Business School Cases To Create Strategic Corporate Lawyers​., Alicia J. Davis

Articles

For the past twenty-five years, my academic and professional pursuits have straddled the line between business and law. I majored in business administration in college and then worked as an analyst in the Corporate Finance department at a bulge bracket Wall Street firm. After completing a JD/MBA, I returned to investment banking with a focus on middle-market mergers and acquisitions (M&A) and subsequently practiced law with a focus on private equity and M&A. Finally, in 2004, I found my current home as a corporate law professor. In my courses, which include Mergers & Acquisitions, Enterprise Organization, and Investor Protection, I …

Data Acquisition And Digital Instrumentation Engineering Modelling For Intelligent Learning And Recognition, Jun Qin, Lin Xu

Articles

In data acquisition and digital instrumentation fields, it is essential to understand the learning and recognition to acquire data and information of objects to be studied. In recent years, engineering modelling and simulation contribute greatly to the understanding of intelligent learning and recognition problems. The ability to learn is one of the central features of intelligence, which makes it an important concern for both cognitive psychology and artificial intelligence. In this paper, definitions and modelling aspects of learning are discussed. Fundamentals of learning and recognition and their applications are investigated and described. Illustrations are given to demonstrate the increasing applications …

Data Acquisition And Digital Instrumentation Engineering Modelling For Intelligent Learning And Recognition, Jun Qin, Lin Xu

Articles

In data acquisition and digital instrumentation fields, it is essential to understand the learning and recognition to acquire data and information of objects to be studied. In recent years, engineering modelling and simulation contribute greatly to the understanding of intelligent learning and recognition problems. The ability to learn is one of the central features of intelligence, which makes it an important concern for both cognitive psychology and artificial intelligence. In this paper, definitions and modelling aspects of learning are discussed. Fundamentals of learning and recognition and their applications are investigated and described. Illustrations are given to demonstrate the increasing applications …

Dealing With Human Weakness : Shusaku Endo's 'Silence', Eamon Maher

Articles

Following on my recent presentation of the Catholic priest in some work by William Trevor, I have decided to follow up with a few articles for Spirituality dealing with what I consider to be some of the more insightful priestly portrayals that I have come across in world literature. For the first example, one must travel a long distance to find an author who has been dubbed the Japanese Graham Greene, Shusaku Endo (1923-1976). The novel we will be concentrating on is the writer's 1966 masterpiece, Silence.

Knowledge Management: Collaboration Versus Concentration In Open Plan Workspaces, John Walsh

Articles

This paper looks at the design of open-plan offices, particularly in relation to the impact ofspatial design on different work-modes. It briefly examines the history of the open plan office, lookingat how today’s typical open-plan workplace has evolved. It considers how workplaces can besuccessfully designed to facilitate the seemingly conflicting requirements of supporting both collaboration and concentration

Developing An Elite Formation Index For Comparative Elite Studies: The Schooling Of Irish And Uk Cabinet Ministers, Brendan O'Rourke, John Hogan, Paul Donnelly

Articles

Elites and their formation have become a matter of increasing public concern and research interest in recent years. The lessons from such research can be made more generalisable if a measure of elite formation could be developed that is comparable across different elite formation systems, whether they differ by elite, time or country. But, the nature of elite formation renders this a complex task. Nevertheless, in this article, by building upon measures employed in other fields such as industrial economics, indices are constructed that facilitate the comparison of elite formation systems. This is illustrated through a comparison of the schooling …

Experiences Of Computer Science Curriculum Design: A Phenomenological Study, Art Sloan, Brian Bowe

Articles

This paper presents a qualitative study of twelve computer science lecturers’ experiences of curriculum design of several degree programmes during a time of transition from year-long to semesterised courses, due to institutional policy change. The background to the study is outlined, as are the reasons for choosing the research methodology. The main findings are presented and the implications of the study described. The methodology chosen was hermeneutic phenomenology. The data were the texts of interview transcripts of the twelve participant lecturers. The experiences that emerged from analysis of the data grouped naturally in identifiable and presentable themes and these themes …

And Or Not – The System, The Body And Time, Brian Fay

Articles

This catalogue text discusses artists and artworks featured in the exhibition BOOLEAN EXPRESSIONS: Contemporary Art and Mathematical Data, presented at The Lewis Glucksman Gallery, University College Cork, Ireland, 23 July – 8 November 2015. For an overview of the exhibition see the link https://vimeo.com/137620854

Social Services Will Not Touch Us With A Barge Pole’: Social Care Provision For Older Prisoners, Kate O'Hara, Katrina Forsyth, Jane Senior, Caroline Stevenson, Adrian Hayes, David Challis, Jenny Shaw

Articles

Older prisoners are the fastest growing subgroup in the English and Welsh prison estate. Older prisoners have high levels of health and social care needs. This mixed method study involved the distribution of a questionnaire examining the availability of health and social care services for older prisoners to all prisons housing adult males in England and Wales, followed by qualitative telephone interviews with representatives from eight prisons. Over half of establishments had some contact with external social care services but reported significant difficulties in arranging care for individuals. A professional lead for older prisoners had been identified in 81% of …

Mobile Technologies And The Incidence Of Cyberbullying In Seven European Countries: Findings From Net Children Go Mobile, Brian O'Neill, Thuy Dinh

Articles

The harmful effects of bullying and harassment on children have long been of concern to parents, educators, and policy makers. The online world presents a new environment in which vulnerable children can be victimized and a space where perpetrators find new ways to perform acts of harassment. While online bullying is often considered to be an extension of persistent offline behavior, according to EU Kids Online (2011), the most common form of bullying is in person, face-to-face. With the rise in use of mobile Internet technologies, this balance is changing. Increased levels of use and more time spent online accessed …

Critical Design And The Critical Social Sciences, Damian White

Articles

No abstract provided.

Not Your Mother's Will: Gender, Language, And Wills, Karen J. Sneddon

Articles

“Boys will be boys, but girls must be young ladies” is an echoing patriarchal refrain from the past. Formal equality has not produced equality in all areas, as demonstrated by the continuing wage gap. Gender bias lingers and can be identified in language. This Article focuses on Wills, one of the oldest forms of legal documents, to explore the intersection of gender and language. With conceptual antecedents in pre-history, written Wills found in Ancient Egyptian tombs embody the core characteristics of modern Wills. The past endows the drafting and implementation of Wills with a wealth of traditions and experiences. The …

Matafunctional/Metafictional Objects, Paolo Cardini

Articles

No abstract provided.

Design For Transitions - From And To What?, Cameron Tonkinwise

Articles

No abstract provided.

On Creative Dialectics, Ian Gonsher

Articles

No abstract provided.

Designing Work: A Study Of Collaboration And Concentration In Open-Plan Offices, John Walsh

Articles

This article looks at the design of open-plan offices, particularly in relation to the impact of spatial design on different work-modes. It examines the history of the open-plan office, looking at how the open-plan workplace has evolved. It reports the findings of a survey on office design of 150 office workers across multiple industry sectors, job types and age categories. Finally, assuming there will not be a return en masse to the traditional, space hungry, cellular office for most knowledge workers this article considers what have we learned so far, and how spaces can be designed to support different work-modes, …

Legal Realism And Legal Doctrine, Brian Leiter

Articles

No abstract provided.

Archetypes Of Faith: How Americans See, And Believe In, Their Constitution, Aliza Plener Cover

Articles

In this Article, I offer a new framework to illuminate how American faith in the Constitution is sustained over time. I build upon the evocative Passover story of the Four Sons—one of whom is wise, one wicked, one simple, and one who does not know how to ask—and argue that these archetypes resonate deeply in the constitutional context. I identify the “wise sons” of the American constitutional community—the legal elites who maintain the vitality of the constitutional faith through a fastidious, intergenerational, yet somewhat detached analysis of the intricacies of law; the “simple sons”—the People writ large, who relate to …

Materiality And A Theory Of Legal Circularity, Wendy Gerwick Couture

Articles

This Article argues that the materiality doctrine, which lies at the heart of securities fraud, has the potential to operate as a self-fulfilling prophecy. This Article labels this phenomenon "legal circularity." In order to place the potential legal circularity of materiality in context among the various other legal doctrines that share this potential, this Article proposes a two part Theory of Legal Circularity. First, this Article proposes the following Legal Circularity Test to identify potentially circular doctrines: A legal doctrine is potentially circular if: (1) the legal doctrine incorporates the behavior or attitude of a population or person, either hypothetical …

Civil Disabilities In An Era Of Diminishing Privacy: A Disability Approach For The Use Of Criminal Records In Hiring, Andrew Elmore

Articles

No abstract provided.

The Law Of Police, Richard H. Mcadams, Dhammika Dharmapala, Nuno Garoupa

Articles

No abstract provided.

Beyond Relational Contracts: Social Capital And Network Governance In Procurement Contracts, Lisa Bernstein

Articles

No abstract provided.

Is Abood Irrelevant?, Daniel Hemel, David Louk

Articles

No abstract provided.

Cost-Benefit Analysis Of Financial Regulations: A Response To Criticisms, Eric A. Posner, E. Glen Weyl

Articles

No abstract provided.

‘Truth And Reconciliation’: A Critical Step Toward Eliminating Race And Gender Violations In Tenure Wars, Tamara F. Lawson, Angela Mae Kupenda

Articles

“All is fair in love and war,” and . . . tenure battles? However, even in war there are rules of engagement. In “tenure wars” rules apply too. The American Bar Association requires law schools to employ clear rules of engagement in “tenure wars,” akin to how the United Nations collectively proscribes rules of war between nation states as well as punishes violations committed on the battlefield. When innocent nations are attacked by illegal acts of aggression, a coalition of the willing allies within the United Nations defends against the aggression.

Even if all is fair in love, war, and …

Economic Migration Gone Wrong: Trafficking In Persons Through The Lens Of Gender, Labor, And Globalization, Dana Raigrodski

Articles

This Article argues for an economic analysis of human trafficking which primarily looks at globalization, trade liberalization, and labor migration as the core areas that need to be explored to advance the prevention of human trafficking.

Part I briefly examines the prevailing criminal law enforcement framework regarding human trafficking—both at the international level and in the United States—which stems out of viewing human trafficking as primarily a threat to global security and an underground industry of transnational criminal enterprises. It argues that while criminalization no doubt helped bring much needed attention (and resources) to human trafficking, the narrow criminal law …

Can Americans Resist Surveillance?, Ryan Calo

Articles

This Essay analyzes the ability of everyday Americans to resist and alter the conditions of government surveillance. Americans appear to have several avenues of resistance or reform. We can vote for privacy-friendly politicians, challenge surveillance in court, adopt encryption or other technologies, and put market pressure on companies not to cooperate with law enforcement.

In practice, however, many of these avenues are limited. Reform-minded officials lack the capacity for real oversight. Litigants lack standing to invoke the Constitution in court. Encryption is not usable and can turn citizens into targets. Citizens can extract promises from companies to push back against …

Beyond Respectability: Dismantling The Harms Of "Illegality", Angélica Cházaro

Articles

Current pro-immigrant reform efforts focus on legalization. Proposals seek to place as many of the eleven million undocumented people in the United States as possible on a “path to earned citizenship.” However, these reform efforts suffer from a significant and underappreciated blind spot: the strategies used to advocate legalization harm those to whom the path to citizenship is barred—such as those with prior deportation orders, prior criminal convictions, and those who have yet to arrive. The problem begins with rhetoric: in making the push for legalization, immigrant rights groups have deployed imagery of the undocumented as law-abiding, hard-working, and family-oriented—the …

Making "Smart Growth" Smarter, Steve P. Calandrillo, Chryssa V. Deliganis, Andrea Woods

Articles

The “smart growth” movement has had a significant influence on land use regulation over the past few decades, and promises to offer the antidote to suburban sprawl. But states and local governments that once enthusiastically touted smart growth legislation are beginning to confront unforeseen obstacles and unintended consequences resulting from their new policies.

This Article explores the impact of growth management acts on private property rights, noting the inevitable and growing conflicts between the two sides that legislatures and courts are now being asked to sort out. It assesses the problems with creating truly intelligent urban growth, ranging from political …