Digital Commons Network^™

A Qualitative Examination Of Self-Care In Lawyers, Mary E. Wood, Jacklyn E. Nagle, Pamela Bucy Pierson

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It may seem obvious that selfcare is important for wellbeing and success in life However selfcare is not always practiced when work bills and other issues come into play All individuals experience stress in their lives but not all have identified specific strategies to adaptively cope with stress Recent research has established the negative implications of workrelated stress on wellbeing

Immutability And Innateness Arguments About Lesbian, Gay, And Bisexual Rights, Edward Stein

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A popular and intuitively plausible argument for the rights of lesbians, gay men and bisexuals (LGB people) focuses on the claim that sexual orientations are inborn and/or unchangeable. This argument draws on three sources: ethical, scientific, and legal. The scientific source is the widely held observation that people generally (and LGB people particularly) do not choose their sexual orientation. This observation is buttressed by claims about the causes and character of human sexuality. The ethical source is the general intuition that people should not be punished for something that they did not choose. Together, these ethical and scientific beliefs lead …

Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci

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Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …

The Mold That Shapes Hearsay Law, Richard D. Friedman

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In response to an article previously published in the Florida Law Review by Professor Ben Trachtenberg, I argue that the historical thesis of Crawford v. Washington is basically correct: The Confrontation Clause of the Sixth Amendment reflects a principle about how witnesses should give testimony, and it does not create any broader constraint on the use of hearsay. I argue that this is an appropriate limit on the Clause, and that in fact for the most part there is no good reason to exclude nontestimonial hearsay if live testimony by the declarant to the same proposition would be admissible. I …

Evidence-Based Sentencing And The Scientific Rationalization Of Discrimination, Sonja B. Starr

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This Article critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise- condemned discrimination, sanitized by scientific language. To demonstrate that this practice raises serious constitutional concerns, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that the policy is not justified by countervailing state interests, I review the empirical evidence underlying the instruments. I show that …

Play Hard, Work Harder. Alternative Reality Game And Scenario Based Assessments For Learning., Barry Ryan

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In this paper, an evaluative case study is detailed as an example of alternative reality game and scenario based assessments for learning. This pedagogic approach is evaluated and recommendations for practice offered. Integrating technology into the assessment process, and final student product, influenced the chosen pedagogy. The use of technology permitted this assessment approach to be adopted for a medium sized (n=40) student cohort. The use of wikis, eportfolios and digital reflective diaries were central to creating a learning environment that centralised the student and allowed them to construct and create their knowledge through scaffolded alternative reality games and scenarios. …

Modelling The Reporting Culture Within A Modern Organisation, Ewan Douglas, Samuel Cromie, Maria Chiara Leva, Nora Balfe

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Research shows that there are many factors that can influence the operation of a “Reporting Culture” within organisations, ranging from the attitudes to the workers, to the methodology implemented, to the managerial attitudes within the organisation (Reason, 1998). Understanding and modelling these factors may help develop an optimum reporting system. Historically, research has focused on the concept of “Near Miss Reporting” which is based on the idea of identifying the “bottom” of the safety triangle concept put forward in Heinrich (1941) which suggests that for each accident there are dozens of near misses, and identifying these near misses will hopefully …

(Re)Constructing Career Strategies After Experiencing Involuntary Job Loss, Sue Mulhall

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This research article focuses on experiences of involuntary job loss following organisational change as occasions for career (re)construction. Using narrative inquiry, it explores the career stories of four former professionals on an Irish active labour market programme assisting the long-term unemployed to transition to employment. The article portrays how, and in what ways, the participants respond when confronted with transformation. Offering an empirically grounded understanding of the character and conduct of those encountering transition with greater nuance than that currently found in the literature, the article comprehends the approach that the former professionals use to (re)construct their career strategies. By …

Multi-Criteria Approach Using Simulation-Based Balanced Scorecard For Supporting Decisions In Health-Care Facilities: An Emergency Department Case Study, Waleed Abo-Hamad, Amr Arisha

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Health research is a priority in every economy, and this research – set in the context of building a more sustainable and efficient health-care system – examines how operations management practices can be translated to clinical applications. Health-care systems in general (and emergency departments (EDs) in particular) around the world are facing enormous challenges in meeting the increasingly conflicting objectives of providing wide accessibility and delivering high-quality services efficiently and promptly. The framework proposed in this study integrates simulation modelling, the Balanced Scorecard, and multicriteria decision analysis with the aim of providing a decision support system for health-care managers. Using …

The Time Has Come For A Restatement Of Child Sex Abuse, Marci A. Hamilton

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No abstract provided.

Success And Failure In Adr: A Dialogue Between Partners, Lela P. Love, Joseph B. Stulberg

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Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven.

Rodrigo's Equation: Race, Capitalism, And The Search For Reform, Richard Delgado

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No abstract provided.

Apportioning State Personal Income Taxes To Eliminate The Double Taxation Of Dual Residents: Thoughts Provoked By The Proposed Minnesota Snowbird Tax, Edward A. Zelinsky

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As a matter of both tax policy and constitutional law, it is time to apportion state personal income taxes to eliminate the double taxation of dual residents. Individuals who, for income tax purposes, are residents are two or more states should be taxed along the lines recently proposed by Minnesota Governor Mark Dayton for “snowbirds”: As to income with respect to which a state has source jurisdiction, that state should tax such income. As to income which two or more states tax only on the basis of residence, such states should apportion, based on the dual resident’s relative presence in …

A Review Of Psychometric Data Analysis And Applications In Modelling Of Academic Achievement In Tertiary Education, Geraldine Gray, Colm Mcguinness, Philip Owende, Aiden Carthy

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Increasing college participation rates, and diversity in student population, is posing a challenge to colleges in their attempts to facilitate learners achieve their full academic potential. Learning analytics is an evolving discipline with capability for educational data analysis that could enable better understanding of learning process, and therefore mitigate these challenges. The outcome from such data analysis will be dependent on the range, type, and quality of available data and the type of analysis performed. This study reviewed factors that could be used to predict academic performance, but which are currently not systematically measured in tertiary education. It focused on …

Socioeconomic Differentials In The Immediate Mortality Effects Of The National Irish Smoking Ban, Patrick J. Goodman, Sericea Stallings-Smith, Ariana Zeka, Z. Kabir, Luke Clancy

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Background: Consistent evidence has demonstrated that smoking ban policies save lives, but impacts on health inequalities are uncertain as few studies have assessed post-ban effects by socioeconomic status (SES) and findings have been inconsistent. The aim of this study was to assess the effects of the national Irish smoking ban on ischemic heart disease (IHD), stroke, and chronic obstructive pulmonary disease (COPD) mortality by discrete and composite SES indicators to determine impacts on inequalities. Methods: Census data were used to assign frequencies of structural and material SES indicators to 34 local authorities across Ireland with a 2000–2010 study period. Discrete …

Children’S Rights Online: Challenges, Dilemmas And Emerging Directions, Sonia Livingstone, Brian O'Neill

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Although it is widely held that a more inclusive and trusted internet can support a competitive knowledge economy, a digitally skilled labour force, civic participation and a pluralistic media sector, governments and regulators have tended to avoid intervening directly to achieve these aims, believing that industry is best positioned to respond to the fast pace of change in information and communication technologies (ICT).This reflects a wider policy shift away from top-down government measures towards flexible, dispersed and indirect forms of governance, encompassing industry self-regulation as well as elements of cooperation or co-regulation with relevant state agencies.

Offering Minority Communities Equal Opportunities Through Entrepreneurship, Thomas M. Cooney

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A substantial body of research has been undertaken in recent years giving prominence to the additional and distinctive challenges faced by female entrepreneurs and by ethnic entrepreneurs. However, other groups of minority entrepreneurs have received relatively little attention and so remain underexplored within entrepreneurship literature. This article introduces some of these minority communities (Ex–Prisoners, Disabled People, Travellers/Gypsies, Grey and Gay) and highlights the research opportunities that exist for entrepreneurship academics who might wish to analyse such ‘silent’ minorities. These communities are all relatively large in terms of population numbers, require tailored support to overcome distinctive economic, social and personal obstacles, …

''They All Seem To Have Inherited The Horrible Ugliness And Sewer Filth Of Sex'' : Catholic Guilt In Selected Works By John Mcgahern (1934-2006), Eamon Maher

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No abstract provided.

“More Books” Reviews., Tanya Dean

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Short reviews of:

Performing Hybridity in Colonial-Modern China. By Siyuan Liu. New York: Palgrave Macmillan, 2013;

Grotowski, Women, and Contemporary Performance: Meetings with Remarkable Women. By Virginie Magnat. New York: Routledge, 2014;

Theatre in the Expanded Field: Seven Approaches to Performance. By Alan Read. New York: Bloomsbury Methuen Drama, 2013

Lives in Play: Autobiography and Biography on the Feminist Stage. By Ryan Claycomb. Ann Arbor: University of Michigan Press, 2012;

The Potential For Energy Reduction In Uk Commercial Offices Through Effective Management And Behaviour Change, Mark Mulville, Keith Jones, Gesche Huebner

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eneral office equipment can be responsible for a significant proportion of overall electrical energy consumption in UK offices and this is predicted to rise significantly over the coming years [Webber, C. A., Roberson, J. A., Brown, R. E., Payne, C. T., Nordman, B., & Koomey, J. G. (2001). Field surveys of office equipment operating patterns. Berkley: CA: Lawrence Berkley National Laboratory]. As a significant contributor to overall energy use, this equipment has a corresponding cost and carbon impact. The legally binding requirements of the climate change act [Department of Energy and Climate Change. (2008 Department of Energy and …

College Is Where The Real Learning Happens: Perceptions From Irish Craft Apprentices Using Interpretative Phenomenological Analysis, Eric Bates

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This research set out to examine the learning experience of three apprentice painters and decorators on the Irish Standards Based Apprenticeship from the Technological University Dublin. This apprenticeship involves college based and work based learning. The main aim of the study was to explore the learning experiences of apprentices in their own words. This would provide for unique insights into their learning experience. The research method was one on one semi structured interviews and the data was analysed using interpretative phenomenological analysis. One of the super ordinate themes that emerged from the data analysis was the perception among the participants …

Alabama's Mirror: The People's Crusade For Civil Rights Introduction, Steven H. Hobbs

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No abstract provided.

Questioning Gender: Police Interrogation Of Delinquent Girls, Barry C. Feld

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Early juvenile courts emphasized a child's "best interests" and treated youths differently based on personal characteristics such as race and gender. 1 Progressive reformers expected judges to handle boys and girls differently because their circumstances and needs differed. 2 Juvenile courts processed boys primarily for criminal behavior and girls for noncriminal status offenses - e.g. runaway, incorrigibility, or sexual precocity. 3 In the 1970s, efforts to deinstitutionalize status offenders led to substantial declines in the numbers of girls detained and confined for noncriminal misconduct. 4 More recently, juvenile justice officials and the public perceived an increase in violent crimes like …

Paternalistic Interventions In Civil Rights And Poverty Law: A Case Study Of Environmental Justice, Anthony V. Alfieri

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No abstract provided.

Objecting To Race, Anthony V. Alfieri

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No abstract provided.

Abortion Distortions, Caroline Mala Corbin

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No abstract provided.

Compelled Disclosures, Caroline Mala Corbin

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Courts have faced a wave of compelled disclosure cases recently. By government mandate, tobacco manufacturers must include graphic warnings on their cigarette packages, doctors must show and describe ultrasound images of fetuses to women seeking to abort them, and crisis pregnancy centers must disclose that they do not provide contraception or abortion services. Although applying the same compelled speech doctrine to similar issues, appeals courts have reached very different results in challenges to these laws. Drawing from First Amendment theory, this Article first identifies why compelled disclosures undermine free speech values. It then applies those insights to the specific examples …

How To Feel Like A Woman, Or Why Punishment Is A Drag, Mary Anne Franks

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If a man in prison says that he was made -to feel like a woman," this is commonly understood to mean that he was degraded, dehumanized, and sexualized. This association of femininity with punishment has significant implications for the way our society understands not only the sexual abuse of men in prison but also sexual abuse generally These important implications are usually overlooked, however, because law and society typically regard prison feminization as a problem of gender transposition: that is, as a problem of men being treated like women. In contrast, this Article argues that feminization is punitive for both …

Criminalizing Revenge Porn, Danielle Citron, Mary Anne Franks

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No abstract provided.

White Like Me: The Negative Impact Of The Diversity Rationale On White Identity Formation, Osamudia R. James

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In several cases addressing the constitutionality of affirmative action admissions policies, the Supreme Court has recognized a compelling state interest in schools with diverse student populations. According to the Court and affirmative action proponents, the pursuit of diversity does not only benefit minority students who gain expanded access to elite institutions through affirmative action. Rather, diversity also benefits white students who grow through encounters with minority students, it contributes to social and intellectual life on campus, and it serves society at large by aiding the development of citizens equipped for employment and citizenship in an increasingly diverse country.

Recent scholarship …