Digital Commons Network^™

Interpersonal Power In The Criminal System, Kimberly A. Thomas

Articles

This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

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With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Engaging Students In The Classroom: How Can I Know What I Think Until I See What I Draw?, Paul Donnelly, John Hogan

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Recognising that the world into which students emerge upon graduation is characterised by constant change, we embrace a critical pedagogy that can be implemented in the classroom through the use of freehand drawing. Freehand drawing is a technique that can stimulate a critical stance, as visual representations allow us to comprehend the world differently, while permitting us see how others understand the world. First year students, in their first lecture, were asked to draw their interpretations of Irish politics and to explain in writing what they had drawn. The students were then placed in groups and asked to note what …

Making Connections: Networked Mindmaps As A Student Centred Assessment For Learning., Barry Ryan

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Engaging students is a difficult task faced by all academics. Student engagement can be achieved by giving ownership of their learning back to the student and by carefully aligning the assessment methodology to the students learning and future employability. To promote learning ownership in this case-study, a group of final year students were involved in the design of the delivery (‘flipped classroom’) and assessment strategy (‘flipped assessment’) of the curriculum. Upon reflection, students noted a deep understanding of their self-selected topic by taking ownership of their learning and their ‘assessment for learning’ within the bounded learning environment. Additionally, students enhanced …

Line Up, Line Up: Using Technology To Align And Enhance Peer Learning And Assessment In A Student Centred Foundation Organic Chemistry Module., Barry Ryan

Articles

This paper describes how three technologies were utilised in combination to align student learning and assessment as part of a case study. Multiple choice questions (MCQs) were central to all these 10 technologies. The peer learning technologies; Personal Response Devices (a.k.a. Clickers) and PeerWise (http://peerwise.cs.auckland.ac.nz), were implemented to achieve scaffolded, self-directed independent learning by the students which aligned to the assessment methodology through creating, analysing, answering and discussing multiple choice questions. Personal response devices enhanced in-class activity involvement, whilst PeerWise provided structure and support for independent student learning through 15 defined outside class activities. An associated technology, online MCQs hosted …

A Walk Down The Red Carpet: Students As Producers Of Digital Video-Based Knowledge., Barry Ryan

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Disengaged and apathetic students are common in many undergraduate classrooms. Learning to these students is a passive process, typified by a consumer-like attitude. One approach to engage students, and enhance the learning experience, is to integrate active learning into the curriculum. The purpose of the pedagogical evaluative study described here was to investigate if student researched, designed and created digital video could act as a viable reusable peer learning resource. Although the use and integration of technology was central to the scope of this project, other ideas such as threshold concepts, the requirement for both active and authentic social constructivist …

Human And Organisational Factors As A Risk Management Strategy In An Aviation Maintenance Company, Samuel Cromie, Paul Liston, Derek Ross, Siobhan Corrigan, Lindita Vani, Dara Lynch, Solonas Demosthenous, Maria Chiara Leva, Alison Kay, Vangelis Demosthenous

Articles

Aviation has for many years been one of the leading industries in addressing human and organisational factors (HOF) within its different sectors – flight operations, air traffic control, ground operations, maintenance, etc. In particular aviation has led the way in mandating a range of measures that address HOF issues – reporting systems, shift-handover procedures, etc (e.g. UK CAA, 2003). A key element of the regulation has been the mandating of initial and continuation training in HOF for virtually all personnel working in aviation maintenance. By contrast the development of practice and regulation of risk and safety management in aviation has …

When The Human Factor Is At The Core Of The Safety Barrier, Maria Chiara Leva, Catalina Bermudez Angel, Emmanuel Plot, Marco Gattuso

Articles

There are situation in the industry where the human actions are the main safety barriers to abnormal or accidental conditions. In order to maximize the reliability of good human and organizational barriers we need to ensure that the action-plans generated are based on a valid risk assessment of the situation to be addressed and informed by a relevant human factor analysis. This implies that the process needs to be participatory in nature, thus involving end user all the way through. In this paper we present a study in which a critical scenario of vessel overpressure was analyzed using a bowtie. …

Lipid Targets In Clinical Practice: Successes, Failures And Lessons To Be Learned, M Dunne, Oscar Mac Ananey, V Maher

Articles

Abstract

INTRODUCTION:

Optimal risk factor control is integral to managing patients with proven coronary heart disease (CHD+) and for those at risk of coronary heart disease (CHD-). The primary aim of the study was to assess the success rate of reaching lipid risk factor targets in a multiple risk factor clinic.

METHODS:

A retrospective audit was conducted in 488 patients (CHD+, n = 112; CHD-, n = 376) who attended the Cardiovascular Risk Factor Clinic at Tallaght Hospital, Dublin in 2009 and 2010.

RESULTS:

Risk factor targets achieved in CHD+ and CHD- patients were LDLc (54/62 %), HDLc (67/67 %), …

On The Road Without A Map: The Women Of The Beat Writers Symposium - Mania: The Lives, Literature, And Law Of The Beats: Session I: Weaving Lives Into Literature, Jean Stefancic

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No abstract provided.

Law's Violence: Derrick Bell's Next Article Challenging Authority: A Symposium Honoring Derrick Bell, Richard Delgado

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No abstract provided.

Do The Mentally Ill Have A Right To Bear Arms, Fredrick E. Vars, Amanda Adcock Young

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No abstract provided.

When God Spikes Your Drink: Guilty Without Mens Rea, Fredrick E. Vars

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No abstract provided.

Contemporary Issues In Critical Race Theory: The Implications Of Race As Character Evidence In Recent High-Profile Cases Challenging Authority: A Symposium Honoring Derrick Bell, Montre D. Carodine

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No abstract provided.

Obesity Is An Independent Predictor Of Breastfeeding Initiation When Socioeconomic Status Is Controlled For, Annemarie Bennett, Daniel Mccartney, John Kearney

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Breastfeeding initiation rates vary across Europe, with rates as low as 56%(1) in Ireland and rates in excess of 90%(2) in the Nordic countries. A host of factors, including demographic, social, psychological and physical factors, influence the initiation, intensity and duration of breastfeeding. The extent to which modifiable factors influence breastfeeding initiation should be ascertained in order to prioritise support services for breastfeeding. Obesity is a known modifiable factor which inhibits breastfeeding initiation. This study aimed to determine the extent to which obesity inhibits breastfeeding initiation while controlling for socioeconomic status and other confounding factors. The Infant Cohort dataset from …

Understanding Presence, Affordance And The Time/Space Dimensions For Language Learning In Virtual Worlds, Susanna Nocchi, Françoise Blin

Articles

Notwithstanding their potential for novel approaches to language teaching and learning, Virtual Worlds (VWs) present numerous technological and pedagogical challenges that require new paradigms if the language learning experience and outcomes are to be successful. In this presentation, we argue that the notions of presence and affordance, together with the time/space dimensions of interactions in virtual worlds (e.g. Bakhtin’s (1981) chronotope, Foucault’s (1984) heteropia, and Lemke’s (2000) heterochrony), provide new insights into language learners’ trajectories as they attempt to carry out tasks that are designed to make use of virtual worlds’ characteristics and potentialities. We explore and analyse a critical …

Four Reforms For The Twenty-First Century, Barry C. Scheck

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What follows are my top four suggestions for judicial action and advocacy that can result in urgently needed and readily achievable reforms. Ass the American Judicature Society and its members consider their agenda and mission for the coming years, each of these issues deserves their support.

Consumer Subject Review Boards: A Thought Experiment, Ryan Calo

Articles

The adequacy of consumer privacy law in America is a constant topic of debate. The majority position is that United States privacy law is a “patchwork,” that the dominant model of notice and choice has broken down, and that decades of self-regulation have left the fox in charge of the henhouse. A minority position chronicles the sometimes surprising efficacy of our current legal infrastructure.

But the challenges posed by big data to consumer protection feel different. They seem to gesture beyond privacy’s foundations or buzzwords, beyond “fair information practice principles” or “privacy by design.” The challenges of big data may …

Eggshell Economics: A Revolutionary Approach To The Eggshell Plaintiff Rule, Steve Calandrillo, Dustin E. Buehler

Articles

For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante.

This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident …

Technology Readiness In A B2b Online Retail Context: An Examination Of Antecedents And Outcomes, Roisin Vize, Joseph Coughlan, Aileen Kennedy, Fiona Ellis-Chadwick

Articles

This paper develops and empirically tests a model that examines the role of Technology Readiness (TR) in the Business-to-Business (B2B) context. It examines how the antecedents of TR affect the construct, and how the construct affects evaluations of a complex credence based B2B service. The research investigates how the retailers’ TR impacts their evaluation of web solution service providers (WSSPs). It responds to previous research calls by extending the TR construct from the business-to-consumer (B2C) perspective that is traditional in the extant literature into the B2B domain. The key findings of a survey conducted with 133 firms in the retail …

Relationship Between Fear Of Falling And Mobility Varies With Visual Function Among Older Adults, Orna Donoghue, Harriet Ryan, Eoin Duggan, Ciaran Finucane, George Sava, Hilary Cronin, James Loughman, Rose Anne Kenny

Articles

Aim: The present study examined the association between vision, fear of falling and fear-related activity restriction, and assessed the effect of vision on the relationship between fear of falling and mobility, using data from a nationally representative sample of community-dwelling adults aged ≥50 years. Methods: Participants (n = 5003) completed an interview and health assessment (including Timed Up-and-Go, vision and cognitive tests). Visual acuity and contrast sensitivity were assessed using an Early Treatment Diabetic Retinopathy Study logMAR chart and Functional Vision Analyzer, respectively. Participants self-reported their vision as excellent, very good, good, fair or poor. They were assigned to no …

Behind Closed Doors: What Really Happens When Cops Question Kids, Barry C. Feld

Articles

Police interrogation raises difficult legal, normative, and policy questions because of the State's need to solve crimes and obligation to protect citizens' rights. These issues become even more problematic when police question juveniles. For more than a century, justice policies have reflected two competing visions of youth: vulnerable and immature versus responsible and adult-like. A century ago, Progressive reformers emphasized youths' immaturity and created a separate juvenile court to shield children from criminal trials and punishment. 2 By the end of the twentieth century, lawmakers adopted "get tough" policies, which equated adolescents with adults and punished youths more severely. 3 …

The Youth Discount: Old Enough To Do The Crime, Too Young To Do The Time, Barry C. Feld

Articles

In a trilogy of cases, the Supreme Court applied the Eighth Amendment to the entire category of juvenile offenders, repudiated its “death is different” jurisprudence, and required states to consider youthfulness as a mitigating factor in sentencing. Roper v. Simmons prohibited states from executing offenders for murder they committed when younger than eighteen years of age.1 Roper reasoned that immature judgment, susceptibility to negative influences, and transitory personalities reduced youths’ culpability and barred the most severe sentence.2 Graham v. Florida extended Roper’s diminished responsibility rationale and prohibited states from imposing life without parole (LWOP) sentences on youths convicted of nonhomicide …

Sworn To Fun, Loyal To None: Time Inconsistent Preferences In Investment Banking, Richard W. Painter

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No abstract provided.

Jury Size And The Hung-Jury Paradox, Francesco Parisi, Barbara Luppi

Articles

Juries are a fundamental element of the criminal justice system. In this article, we model jury decision making as a function of two institutional variables: jury size and voting requirement. We expose the critical interdependence of these two elements in minimizing the probabilities of wrongful convictions, of wrongful acquittals, and of hung juries. We find that the use of either large nonunanimous juries or small unanimous juries offers alternative ways to maximize the accuracy of verdicts while preserving the functionality of juries. Our framework, which lends support to the elimination of the unanimity requirement in the presence of large juries, …

Inferring Desire, Jessica A. Clarke

Articles

In the course of debates over same-sex marriage, many scholars have proposed new legal definitions of sexual orientation to better account for the role of relationships in constituting identities. But these discussions have overlooked a large body of case law in which courts are already applying this model of sexual orientation, with inequitable results. This Article examines a set of fifteen years of sexual harassment decisions in which courts have endeavored to determine the sexual orientations of alleged harassers. Under federal law, sexual harassment is actionable because it is a subspecies of sex discrimination. A man who makes unwanted sexual …

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

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U.S. energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges — such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy …

Cyber-Conflict, Cyber-Crime, And Cyber-Espionage, David Weissbrodt

Articles

Computers and the Internet have changed and are continuing to change the way governments, militaries, businesses, and other organs of society manage their activities. While computers can improve efficiency, they are vulnerable to cyber-attack, cyber-crime, and cyber-espionage. 1 The international community, states, and businesses are still adapting to the unique set of challenges posed by cyber-attack, cyber-crime, and cyber-espionage. States are creating military operations that specialize in cyber-attack and defense to adapt to these relatively new threats to national security operations. 2

Law School As Liberal Education, Sherman J. Clark

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The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of …

Community Education And Access To Justice In A Time Of Scarcity: Notes From The West Grove Trolley Garage Case, Anthony V. Alfieri

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No abstract provided.