Digital Commons Network^™

Intentional Discrimination In Establishment Clause Jurisprudence, Caroline Mala Corbin

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In Town of Greece, New York v. Galloway, the Supreme Court upheld a legislative prayer practice with overwhelmingly Christian prayers in part because the Court concluded that the exclusion of all other religions was unintentional. This requirement-that a religiously disparate impact must be intentional before it amounts to an establishment violation-is new for Establishment Clause doctrine. An intent requirement, however, is not new for equal protection or free exercise claims. This Essay explores the increased symmetry between the Establishment Clause, the Equal Protection Clause, and the Free Exercise Clause. It argues that many of the critiques of the intentional …

Regulating Mass Surveillance As Privacy Pollution: Learning From Environmental Impact Statements, A. Michael Froomkin

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Encroachments on privacy through mass surveillance greatly resemble the pollution crisis in that they can be understood as imposing an externality on the surveilled. This Article argues that this resemblance also suggests a solution: requiring those conducting mass surveillance in and through public spaces to disclose their plans publicly via an updated form of environmental impact statement, thus requiring an impact analysis and triggering a more informed public conversation about privacy. The Article first explains how mass surveillance is polluting public privacy and surveys the limited and inadequate doctrinal tools available to respond to mass surveillance technologies. Then, it provides …

Teaching Emotional Intelligence To Law Students: Three Keys To Mastery, William S. Blatt

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No abstract provided.

Mindful Ethics And The Cultivation Of Concentration, Scott L. Rogers, Jan L. Jacobowitz

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No abstract provided.

Deterring Both Spur-Of-The-Moment And Carefully Planned Corporate Crimes, Robert Eli Rosen

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No abstract provided.

Peacebuilding And Reintegrating Ex-Combatants With Disabilities, Janet E. Lord, Michael Ashley Stein

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There is a significant gap in post-conflict reintegration processes when it comes to ex-combatants with disabilities, notwithstanding an apparent acknowledgement that physical and mental trauma impact civilians and ex-combatants alike in large numbers and that social reintegration is vital to peaceful transitions. Moreover, processes aimed to reintegrate ex-combatants are typically disconnected from broader efforts to build and sustain the legal institutions that support the rights of the most marginalised groups in conflict affected countries. We examine the implications of this marginalisation of ex-combatants with disabilities and set our analysis within the framework of the Convention on the Rights of Persons …

Trial Court Budgets, The Enforcer's Dilemma, And The Rule Of Law, Scott Baker, Anup Malani

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No abstract provided.

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

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No abstract provided.

Is Federalization Of Charity Law All Bad? What States Can Learn From The Internal Revenue Code, Melanie B. Leslie

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No abstract provided.

Can The Use Of Online Learning And Reflective Journals Improve Students’ Performance And Engage Them In Independent Learning For A Practically Taught “Timber Jointing Module, Jennifer Byrne

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The Technological University Dublin is one of the largest multi-level higher education providers in Ireland. The Institute’s traditional mission has always been focused on teaching and learning in the field of advanced technical vocational education and training (TVET), and one of its agendas is to foster and encourage changes in teaching practice and methodology in order to enhance the student learning experience.

This research concerned the performance levels of first year students of the Timber Product Technology (TPT) programme. I wanted to investigate whether the use of independent online learning and reflective journals would encourage these students to continue their …

The Negotiated Structural Constitution, Aziz Huq

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No abstract provided.

Nurturing Play-Makers & Active Investigative Agents: Schwartz Tag, Good Video Games And Futures Of Jewish Learning, Owen Gottlieb

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How can an experiential approach to education, in combination with a games-based orientation, help us reach often-elusive educational goals? In many ways the study of games and game design bring us back to tenets of education that we have long known, including the benefits of self-directed learning and project-based work. Games-based design and learning may provide a way to shift the discussion from “What should an educated Jew know?” to “How does a learner develop a taste for Jewish learning and living?”

Peer Teaching In The Food Chemistry Laboratory: Student-Produced Experiments, Peer And Audio Feedback And Integration Of Employability, Julie Dunne

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This paper describes the author’s experience over the last several years of implementing an alternative Food Chemistry laboratory practical for a group of third-year BSc Nutraceuticals students. The initial main objectives were to prepare students for the more independent final-year research project; to incorporate innovative approaches to feedback; and to integrate key employability skills into the curriculum. These were achieved through building the skills required to ultimately allow students working in groups to research, design and run a laboratory for their class. The first year of the project involved innovative approaches to feedback, including weekly feedback sessions, report checklists and …

Family Frontiers: The Spage Age Fiction Of Marge Piercy And Ursula K. Leguin, Sue Norton

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This article considers the ways in which feminist writers of speculative fiction reinvent family forms in ways that disrupt conventional narratives of family in literature.

Symbolic Misery And Aesthetics- Bernard Stiegler, Noel Fitzpatrick

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In this article I will deal with the development of a theory of aesthetics within the work of the French contemporary philosopher Bernard Stiegler with particular reference to his concept of symbolic misery. Rather than give an extensive account of Bernard Stiegler’s aesthetics this article will focus on some key concepts mobilized in the definition and analysis of symbolic misery. Firstly, I will argue that Stiegler’s understanding of the aesthetic comes from an expanded notion of aesthesis, where the political and the aesthetic are mobilized together. In this regard I will interrogate some key concepts in his work Symbolic Misery …

Immigrant Integration And Social Solidarity In A Time Of Crisis: Europe And The United States In A Postwelfare State, David Abraham, David Abraham

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A cloud has settled over the immigration regimes of the European welfare states and the United States. Confidence has waned in the viability and value of integrating newcomers into a system of social solidarity. The weakening of civic nationalism and secular constitutional patriotism has unsettled national identities and undermined efforts to facilitate the inclusion of immigrants, especially Muslims. More forceful integration policies might better sustain the welfare state, but individual liberties and group recognition make this more difficult. Ironically, immigrants may now fare better in more unjust neoliberal societies such as the United States than in the advanced welfare states. …

The Regulating Daughter In John Updike's Rabbit Novels, Sue Norton

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This article considers the ways in which John Updike creates female characters who suffer in some way so that their family units can remain intact. His Rabbit novels privilege the so-called nuclear family as an abiding family form, one which rests upon the sacrificial choices made by girls and women. It uses Family Systems Theory as a tool of interpretation in reading the texts and establishing their underlying ethos.

Legal And Ethical Concerns About Sexualorientation Change Efforts, Tia Powell, Edward D. Stein

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The United States has recently made significant and positive civil rights gains for LGB people, including expanded recognition of marriages between people of the same sex. Among the central tropes that have emerged in the struggle for the rights of LGB people are that they are “born that way,” that sexual orientations cannot change, and that one's sexual orientation is not affected by choice. Writer Andrew Sullivan put it this way:

“[H]omosexuality is an essentially involuntary condition that can neither be denied nor permanently repressed.… [S]o long as homosexual adults as citizens insist on the involuntary nature of their condition, …

Final Recommendations For Policy, Brian O'Neill, Elisabeth Staksrud

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EU Kids Online is the primary source of high quality, independent and comprehensive evidence regarding children’s use of the internet in Europe. This report provides research based recommendations to make the internet a better and safer place for children. Our recommendations include the following guidance:

Arguing On The Side Of Culture, Debra Chopp, Robert Ortega, Frank E. Vandervort

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Human service professions are increasingly acknowledging the ubiquitous role of culture in the human experience. This is evidenced in professional codes of ethics, professional school accreditation standards, licensing, and in some cases through state statutes regarding professional codes of conduct. Across professions, concerted efforts are being made to infuse standards of culturally responsive practice into curricular content and training. For example, instruction on cultural competence is expected in business and medical education.1 Psychology and social work both require their professionals to exercise cultural competence. When it comes to cultural competence/ though, the legal codes of ethics and professional practice are …

Culinary Internship And The European Mobility Action Plan Part Two: Towards An Understanding Of The Culinary Life And Internship, Frank Cullen

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In the context of the paper, the role of part two is to provide an overview of culinary life and of the many celebrated chefs who travelled to gain culinary experience before Erasmus funding was available for internship. I also use this paper to provide a synopsis of kitchen systems and present a review of studies related to internship. I attempt to provide some insight into internship and culinary practice in order to augment the understanding of culinary internship. This paper commences with a short review of Georges Auguste Escoffier, one of the most celebrated chefs of all time and …

Culinary Internship And The European Mobility Action Plan: Part One, Frank Cullen

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International mobility for work placement has experienced exponential growth over the past five years with the assistance of European Leonardo da Vinci and Erasmus funding for European internships. The main purpose behind the European Commission funding ventures for internship (experiential learning) is to enhance the students’ cultural awareness, cultivate their language skills and develop their professionalism in their field of study. It is generally accepted that experiential learning in the workplace provides many learning opportunities for students (Billett, 2001:121, Fuller and Unwin, 2003, Guile and Griffiths, 2001, Cullen, 2010a, Cullen, 2010b, Kristensen, 2004). In spite of acceptance that experiential learning …

An Off-Label Use Of Parental Rights? The Unanticipated Doctrinal Antidote For Professor Mnookin's Diagnosis, Emily Buss

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No abstract provided.

Constitutional Outliers, Justin Driver

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Noise Reduction: The Screening Value Of Qui Tam, Anthony Casey, Anthony Niblett

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No abstract provided.

Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles

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Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …

Health Websites: Accessibility And Usability For American Sign Language Users, Poorna Kushalnagar, Joan Naturale, Raylene Paludeviciene, Scott R. Smith, Emily Werfel, Richard Doolittle, Stephen Jacobs, James Decaro

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To date, there have been efforts towards creating better health information access for Deaf American Sign Language (ASL) users. However, the usability of websites with access to health information in ASL has not been evaluated. Our paper focuses on the usability of four health websites that include ASL videos. We seek to obtain ASL users’ perspectives on the navigation of these ASL-accessible websites, finding the health information that they needed, and perceived ease of understanding ASL video content.

ASL users (N=32) were instructed to find specific information on four ASL-accessible websites, and answered questions related to: 1) navigation to find …

Undertaking Action Research In Prison: Developing The Older Prisoner Health And Social Care Assessment And Plan, Kate O'Hara, Elizabeth Walsh, Katrina Forsyth, Jane Senior, Jenny Shaw

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Older prisoners are the fastest growing group in prisons. They have complex health and social care needs and the coordination of their care is suboptimal. An action learning group including health care staff, prison staff and older prisoners was established at one prison in England. The group developed the Older prisoner Health and Social Care Assessment and Plan (OHSCAP) which is a health and social care assessment and care planning process for the better identification and management of older prisoners’ needs. This paper describes and critically analyses the process of action learning in prison to develop and pilot the OHSCAP. …

Internality Regulation Through Public Choice, Saul Levmore

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No abstract provided.

Personalizing Default Rules And Disclosure With Big Data, Lior Strahilevitz, Ariel Porat

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No abstract provided.