Digital Commons Network^™

The Social Production Of National Security, Aziz Huq

Articles

This Article analyzes a recent policy innovation offered by governments on both sides of the Atlantic as a means of mitigating one form of national security risk: the idea that private individuals and voluntary associations have an untapped capacity for combating terrorism and in particular al Qaeda. Bold assertions in recent strategy statements mooting this possibility have wanted for any supporting account of how private behavior conduces to security. Even if the claimed social production of security against terrorism is causally well-founded, it is unclear how the state can elicit desirable private conduct. Consequently, the proposal's legal and policy ramifications …

Is Texas Hold 'Em A Game Of Chance? A Legal And Economic Analysis, Thomas J. Miles, Steven Levitt, Andrew M. Rosenfield

Articles

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the "dominant factor" in the game. We argue that courts' conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and …

‘Moving In’: Difficulties And Support In The Transition To Higher Education For In-Service Social Care Students, Fiona Mcsweeney

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This paper reports on the difficulties and supports experienced by social care practitioners within the educational institution during their transition to higher education. A life transition such as entering higher education causes stress for individuals and social support is essential in successfully dealing with this stress (Anderson et al., 2012). Fifteen social care practitioners were interviewed twice during and once at the end of their first academic year in college. Findings indicate that participants were reluctant to approach staff for help despite anxiety about classes and assignments. Discussion and debate in class helped learning and contributed to feelings of being …

Legal Realisms, Old And New, Brian Leiter

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No abstract provided.

Bullying In A New Ground: Cyberbullying Among 9-16 Year Olds In Ireland, Thuy Dinh, Brian O'Neill

Articles

This paper builds on the data collected in Ireland by the cross-national EU Kids Online II project- a large 25 country survey which investigated children’s experiences of the internet, focusing on issues of use, activities, risks, and safetyi . This article explores incidences, forms and consequences of cyberbullying among Irish children, as well as discussing possible prevention and intervention strategies.

Comparison Of Manual Versus Automated Data Collection Method For An Evidence-Based Nursing Practice Study, Matthew D. Byrne, T R. Jordan, Tamara Welle

Articles

OBJECTIVE:

The objective of this study was to investigate and improve the use of automated data collection procedures for nursing research and quality assurance.

METHODS:

A descriptive, correlational study analyzed 44 orthopedic surgical patients who were part of an evidence-based practice (EBP) project examining post-operative oxygen therapy at a Midwestern hospital. The automation work attempted to replicate a manually-collected data set from the EBP project.

RESULTS:

Automation was successful in replicating data collection for study data elements that were available in the clinical data repository. The automation procedures identified 32 "false negative" patients who met the inclusion criteria described in …

Early Literacy And Numeracy Matters, Geraldine French

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No abstract provided.

Employee Perspectives On The Post-Integration Stage Of A Micro-Merger, Jennifer Lawlor

Articles

Purpose - This paper seeks to address the impact of an organisational change initiative on organisational employees, with specific reference to a micro-merger which occurred in a public sector, higher education organisation in Ireland. The literature on change management is examined, with specific reference to the post-integration stage of a micro-merger. The paper then reports on a study that was undertaken in an Irish higher education institution and focuses on the impact of the micro-merger on employees. Specifically, the study seeks to address their perceptions and emotions relating to a heretofore under-researched area in the merger literature, namely the impact …

Using Model Building In Structural Engineering To Enhance Understanding Of Construction Principles And Methods, Niall Holmes, Henry Mullen

Articles

This paper presents a new model building exercise in a second year module in the Department of Civil & Structural Engineering in the Dublin Institute of Technology (DIT). The activity aimed to improve students’ understanding of structural engineering, construction principles and methods. It allowed students to practically apply lecture material and construct a scaled model giving them an opportunity to study and visualise a real structure and generate their own ideas on how it should be assembled within a constructivist active learning environment. As a result, lectures were found to be more interactive and students more engaged in the discussions …

Sensory And Chemical Interactions Of Food Pairings (Basmati Rice, Bacon And Extra Virgin Olive Oil) With Banana, Mark Traynor, Roisin Burke, Maurice O'Sullivan, John Hannon, Catherine Barry-Ryan

Articles

The aim of this study aimed to investigate food pairings as an important sensory phenomenon in order to determine how different components in the selected food pairings affect and interact with other components. Three novel food pairings (banana and bacon, banana and olive oil, and banana and rice) were selected. A conjoint approach utilising qualitative (organic volatile analysis and descriptive sensory analysis) and quantitative (comparable semi quantitative organic volatile analysis and affective sensory tests) methods of analysis n an attempt to elucidate the success or failure of selected food pairings. Free choice profiling (descriptive sensory analysis) data was analysed using …

Crucial Design Issues For Special Access Technology; A Delphi Study, Pearl O'Rourke, Ray Ekins, Bernard Timmins, Fiona Timmins, Siobhan Long, Eugene Coyle

Articles

Purpose: To develop and demonstrate a method to involve professional users of assistive technology (AT) in the development process of customisable products. Employing the ideas of user participation and mass customisation, this research addresses the need for reduced product costs and optimised product flexibility. Method: An adaptable six-question Delphi study was developed to establish consensus among AT professionals on design issues relating to a specified AT domain requiring innovation. The study is demonstrated for the special access technology (SAT) domain. A modified morphological matrix structures the application of the study results to the product design process. Results: Fourteen professionals from …

Like A Glass Slipper On A Stepsister: How The One Ring Rules Them All At Trial, Cathren Page

Articles

Trial attorneys can learn techniques that fiction writers have been using successfully for centuries and endow a single object to “rule them all.” In fact, there is a growing field of legal scholarship, known as Applied Legal Storytelling, which involves applying story telling concepts to legal concepts, and some evidence suggests that juries are responsive to narrative framework. Thus trial attorneys can use the literary concept of endowed objects to identify a key piece of physical evidence that weaves a thread of narrative continuity through the case and resonates in the mind of the judge or juror. ...

Endowed objects …

The Widening Maturity Gap: Trying And Punishing Juveniles As Adults In An Era Of Extended Adolescence, David Pimentel

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No abstract provided.

Improvidently Granted: Why The En Banc Federal Circuit Chose The Wrong Claim Construction Issue, Greg Reilly

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No abstract provided.

Self-Regulation For The Mortgage Industry, M. Todd Henderson

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No abstract provided.

Behavioral Finance Before Kahneman, Richard A. Posner

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No abstract provided.

International Paretianism: A Defense, David A. Weisbach, Eric A. Posner

Articles

A treaty satisfies what we call International Paretianism (P) if it advances the interests of all states that join it, so that no state is made worse off The principle might seem obvious, but it rules out nearly all the major proposals for a climate treaty, including proposals advanced by academics and by government officials. We defend IP, and for that reason urge commentators in the debate over climate justice to abandon efforts to right past wrongs, redistribute wealth, and achieve other abstract ideals through a climate treaty. Instead, the goal should be to develop a feasible treaty that states …

Harmonization, Preferences, And The Calculus Of Consent In Commercial And Other Law, Saul Levmore

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No abstract provided.

Harmonization, Heterogeneity And Regulation: Cesl, The Lost Opportunity For Constructive Harmonization, Richard A. Epstein

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No abstract provided.

How Business Fares In The Supreme Court, Richard A. Posner, Lee Epstein, William M. Landes

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No abstract provided.

On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins, Kalev Leetaru

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No abstract provided.

Regulatory Techniques In Consumer Protection: A Critique Of European Consumer Contract Law, Omri Ben-Shahar, Oren Bar-Gill

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No abstract provided.

Children, Violence, Community And The Physical Environment: Foreword To The Special Issue, Kevin Lalor

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No abstract provided.

The Servicescape As An Antecedent To Service Quality And Behavioral Intentions, Daire Hooper, Joseph Coughlan, Michael Mullen

Articles

Purpose: The purpose of this paper is to examine whether the servicescape should be subsumed as a dimension within service quality conceptualizations or whether it is a unique construct in itself which precedes service quality evaluations and behavioral intentions. We both propose and operationalize this model and in doing so make a theoretical contribution by demonstrating how a delineation between these two constructs is necessary in order for theory to progress in this area.

Design/methodology/approach: A total of 355 customers were intercepted as they exited a retail store and surveyed using a structured questionnaire. The data was then analyzed using …

A Look Inside The Butler’S Cupboard: Fiction Writers’ Insights On How The External World Reveals Internal State Of Mind In Appellate Briefs, Cathren Page

Articles

By studying the scene through the eyes of the client and the witnesses, the attorney can not only evoke this psychological subtext, but can also weave relevant and probative details into the statement of facts and the argument and elicit such detail at trial. For instance, in a case involving a car accident, the weather, the temperature, the time of day, the traffic on the road, and the color of the cars, signs, and traffic lights can be relevant as to the degree that a driver was negligent. Similarly, in a case involving child neglect, the smell of a home, …

Empirical Fallacies Of Evidence Law: A Critical Look At The Admission Of Prior Sex Crimes, Tamara Rice Lave, Aviva Orenstein

Articles

In a significant break with traditional evidence rules and policies, Federal Rules of Evidence 413-414 allow jurors to use the accused's prior sexual misconduct as evidence of character and propensity to commit the sex crime charged. As reflected in their legislative history, these propensity rules rest on the assumption that sexual predators represent a small number of highly deviant and recidivistic offenders. This view of who commits sex crimes justified the passage of the sex-crime propensity rules and continues to influence their continuing adoption among the states and the way courts assess such evidence under Rule 403. In depending on …

Removal As A Political Question, Aziz Huq

Articles

When should courts be responsible for designing federal administrative agencies? In Free Enterprise Fund v. Public Company Accounting Oversight Board, the Supreme Court invalidated one specific mechanism that Congress employs to insulate agencies from presidential control. Lower federal courts have discerned wider implications in the decision's linkage of presidential power to remove agency officials with democratic accountability. Applied robustly, the Free Enterprise Fund principle casts doubt on many agencies' organic statutes. As the judiciary starts exploring those implications, this Article evaluates the effects of judicial intervention in administrative agency design in light of recent political science work on bureaucratic behavior, …

Teaching Law Students, Judges, And The Community: Rational Sentencing Policies, Robert Levy

Articles

I devoted a great deal of my teaching energy during the last ten years of my tenure at the University of Minnesota Law School to a course I called the Sentencing Workshop. The Workshop provided a unique opportunity for law students and judges to learn from each other about the intricacies, the successes and failures of the American criminal justice sentencing structure and practice. I will describe it in three phases: initially, to give some context, I will report a dramatic Workshop discussion which occurred the fth or sixth year the course was o ered. A short summary of the …

Designing Countercyclical Capital Buffers, Brett Mcdonnell

Articles

This essay explores the new countercyclical capital buffer requirement that is a part of both the Basel III and Dodd-Frank rulemaking efforts following the financial crisis. The new buffer will require banks to hold higher levels of capital reserves during times that regulators determine capital markets have created excessive levels of debt. This essay briefly explores why financial regulation tends to be procyclical, how the new capital buffer attempts to address that tendency, and how well the attempt is likely to work. The verdict is mixed. The new countercyclical buffer may do some good. However, some features in its design …

Adolescent Criminal Responsibility, Proportionality, And Sentencing Policy: Roper, Graham, Miller/Jackson, And The Youth Discount, Barry C. Feld

Articles

The Supreme Court in Roper v. Simmons 1 prohibited states from executing offenders for murders committed when younger than eighteen years of age. Roper found a national consensus existed against executing adolescents based on state statutes and jury practices. 2 The Justices also conducted an independent proportionality analysis and concluded that youths' immature judgment, susceptibility to negative peer influences, and transitory personality development reduced their culpability and precluded the most severe sentence. 3