Digital Commons Network^™

Do Sexually Violent Predator Laws Violate Double Jeopardy Or Substantive Due Process? An Empirical Inquiry, Tamara Rice Lave, Justin Mccrary

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No abstract provided.

Copyright Freeconomics, John M. Newman

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Innovation has wreaked creative destruction on traditional content platforms. During the decade following Napster's rise and fall, industry organizations launched litigation campaigns to combat the dramatic downward pricing pressure created by the advent of zero-price, copyright-infringing content. These campaigns attracted a torrent of debate among scholars and stakeholders regarding the proper scope and role of copyright law-but this ongoing debate has missed the forest for the trees. Industry organizations have abandoned litigation efforts, and many copyright owners now compete directly with infringing products by offering legitimate content at a price of $0.00.

This sea change has ushered in an era …

Romancing The Stone Age: John Updike's "Wife-Wooing" And The Naturally Occurring Nuclear Family, Sue Norton

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No abstract provided.

The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz

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No abstract provided.

Boilerplate, Freedom Of Contract, And "Democratic Degradation", Brian H. Bix

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In Margaret Jane Radin's provocative new book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, 1 the author offers scathing observations regarding the motivation and effects of the terms placed in consumer and employee form contracts and on-line agreements. She argues that the current contracting practices make a mockery of consent, and undermine the rule of law. 2 Boilerplate's essential claim is that for many contracting parties, freedom of contract is less an ideal than a sham. 3 The book properly criticizes theories of contract law (and courses in contract law) that largely ignore boilerplate and its …

Exploring Supports Provided For Student Eportfolio Development In A Professional Development Context, Muireann Okeeffe

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This small scale study aimed to explore and establish if support strategies implemented to enhance student ePortfolios were helpful to students and to identify useful ways of supporting ePortfolio development with future cohorts of students. This action research study was informed through focus group discussion and individual interviews with students.

The importance of reflection for the development professional practice and of creative abilities is discussed. The substantial benefits of creativity within education are investigated and characteristics of creativity that might be developed with students’ ePortfolios are revealed. Specifically this paper seeks to foster Crafts (2011) four characteristics of creativity, pluralities, …

Grm7 Variants Associated With Age-Related Hearing Loss Based On Auditory Perception, Dina L. Newman, Laurel M. Fisher, Jeffrey Ohmen, Robert Parody, Chin-To Fong, Susan T. Frisina, Frances Mapes, David A. Eddins, Robert D. Frisina, Rick A. Friedman

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Age-related hearing impairment (ARHI), or presbycusis, is a common condition of the elderly that results in significant communication difficulties in daily life. Clinically, it has been defined as a progressive loss of sensitivity to sound, starting at the high frequencies, inability to understand speech, lengthening of the minimum discernable temporal gap in sounds, and a decrease in the ability to filter out background noise. The causes of presbycusis are likely a combination of environmental and genetic factors. Previous research into the genetics of presbycusis has focused solely on hearing as measured by pure-tone thresholds. A few loci have been identified, …

Web-Based Interactive Video Vignettes Create A Personalized Active Learning Classroom For Introducing Big Ideas In Introductory Biology, Leslie Kate Wright, Dina L. Newman, Jean A. Cardinale, Robert Teese

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The typical “flipped classroom” delivers lecture material in video format to students outside of class in order to make space for active learning in class. But why give students passive material at all? We are developing a set of high-quality online educational materials that promote active, hands-on science learning to aid in teaching of core concepts for introductory biology at the college level. Interactive video vignettes (IVVs) incorporate evidence based teaching strategies to address known areas of confusion for entering students. Each IVV includes a live action scenario with undergraduates investigating a biological problem with a realistic experiment that users …

A Rough Look At The Shifting Effects On Learning Through Student Work Placement, Frank Cullen

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The use of internship as a means of informal education is relatively commonplace. This is evident by the vast amount of literature dedicated to workplace learning, however very little research to date has explored the impact of international culinary internships on students. This paper addresses the void in research by exploring the nuances associated with culinary internships and in particular investigates the 2006 and 2007 student cohorts studying in the Technological University Dublin for the degree award of BA in Culinary Arts. The paper examines the internship preparation and experiences examining the impact of internship on the student’s attitudes towards …

Putting State Courts In The Constitutional Driver's Seat: State Taxpayer Standing After Cuno And Winn, Edward A. Zelinsky

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This article explores the implications of the U.S. Supreme Court’s decisions in DaimlerChrysler Corp. v. Cuno and Arizona Christian School Tuition Organization v. Winn. In Cuno and Winn, the Court held that state taxpayers lacked standing in the federal courts. Because the states have more liberal taxpayer standing rules than do the federal courts, Cuno and Winn will not terminate taxpayers’ constitutional challenges to state taxes and expenditures, but will instead channel such challenges from the federal courts (where taxpayers do not have standing) to the state courts (where they do). Moreover, municipal taxpayer standing in the federal courts, which …

Can Consumers Control Health-Care Costs?, Mark A. Hall, Carl E. Schneider

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The ultimate aim of health care policy is good care at good prices. Managed care failed to achieve this goal through influencing providers, so health policy has turned to the only market-based option left: treating patients like consumers. Health insurance and tax policy now pressure patients to spend their own money when they select health plans, providers, and treatments. Expecting patients to choose what they need at the price they want, consumerists believe that market competition will constrain costs while optimizing quality. This classic form of consumerism is today’s health policy watchword. This article evaluates consumerism and the regulatory mechanism …

Rehabilitation, Research, And Reform: Prison Policy In Ireland, Mary Rogan

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The paper tracks the concept of rehabilitation within official thinking in

Ireland since the foundation of the State. It explores when and how the term was first

used and how it has fared since. It then examines barriers to and the role of research

in the making of prison policy and comments on data deficits in the system at present.

Finally it looks at the role of interest groups within the criminal justice system in

Ireland, and specifically their effect, or potential effect, on the formation of prison

policy.

Work-Home Balance: A Management Perspective, Kathleen Farrell

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Work-home balance issues have become a very important challenge for both management and employees in the 21^st century. The purpose of this paper is to examine work-home balance practices from a management perspective in the Irish hotel industry. There is a dearth of research in relation to work-home balance practices in the hotel sector. The study included a sample of all hotels including Northern Ireland. It found that the needs of the organisation are paramount with profitability considerations being the main driver of work-home practices and benefits. While the majority of managers agree that people work best when they …

Weaning Onto Solid Foods: Some Of The Challenges, Annemarie E. Bennett, Annalouise O'Connor, Nicola Canning, Alice Kenny, Edel Keaveney, Katherine Younger, Mary Flynn

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Weaning - the transition from milk to solid food - influences life-long health. Dietary challenges during weaning include providing sufficient critical nutrients such as iron with minimal added sugar and fat and no added salt. This study assessed the inclusion of iron-containing red meat in infant diets before age one year, and the Irish commercial baby food environment. Of mothers with an infant under 30 months of age who were surveyed in shopping centres in Ireland (n195), 82% (n159) reported wanting more weaning information. A quarter (n24) of infants over age 12 months ( …

Students Fail To Transfer Knowledge Of Chromosome Structure To Topics Pertaining To Cell Division, Dina L. Newman, Christina M. Catavero, Leslie Kate Wright

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Cellular processes that rely on knowledge of molecular behavior are difficult for students to comprehend. For example, thorough understanding of meiosis requires students to integrate several complex concepts related to chromosome structure and function. Using a grounded theory approach, we have unified classroom observations, assessment data, and in-depth interviews under the theory of knowledge transfer to explain student difficulties with concepts related to chromosomal behavior. In this paper, we show that students typically understand basic chromosome structure but do not activate cognitive resources that would allow them to explain macromolecular phenomena (e.g., homologous pairing during meiosis). To improve understanding of …

Child Sex Abuse In Institutional Settings: What Is Next, Marci A. Hamilton

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Reinforcing taboos have kept the topic of child sex abuse in institutions from public discussion in the United States until recently. Those walls are now crumbling, and we are entering an era of better public information and discourse, which, in turn, is fueling a movement for the improvement of the legal system's protection of children. In this Article, I will examine the taboos and the impact of their fall, and then chart the legal reforms that are flowing from their downfall.

Prisoner's Rights And The Separation Of Powers: Comparing Approaches In Ireland, Scotland And England And Wales., Mary Rogan

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The decision of Hogan J in Kinsella v. Governor of Mountjoy Prison [2011] IEHC 235 (hereinafter Kinsella) is an important development in the protection of prisoners’ constitutional rights in Ireland. The decision, which found that a prisoner’s right to have his person protected had been breached by his detention in a padded cell with a cardboard box for use as a toilet in conditions amounting to a form of sensory deprivation, may represent a new direction for prison law jurisprudence. The judgment is also of significance for its analysis of the circumstances in which conditions of detention can give rise …

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

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In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …

An Investigation In Culinary Life And Professional Identity In Practice During Internship, Frank Cullen

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The primary objective of this research was to investigate the selection process used by consumers when choosing a restaurant to dine. This study examined literature on consumer behavior, restaurant selection, and decision-making, underpinning the contention that service quality is linked to the consumer’s selection of a restaurant. It supports the utility theories that consumers buy bundles of attributes that simultaneously combined represent a certain level of service quality at a certain price. The findings of the research displayed a preference by Dublin consumers for Italian and Chinese styled restaurants and identified quality of the food, type of food, cleanliness of …

Designing And Implementing A Platform For Collecting Multi-Modal Data Of Human-Robot Interaction, Brian Vaughan, Jing Guang Han, Emer Kilmartin, Nick Campbell

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This paper details a method of collecting video and audio recordings of people inter- acting with a simple robot interlocutor. The interaction is recorded via a number of cameras and microphones mounted on and around the robot. The system utilised a number of technologies to engage with interlocutors including OpenCV, Python, and Max MSP. Interactions over a three month period were collected at The Science Gallery in Trinity College Dublin. Visitors to the gallery freely engaged with the robot, with interactions on their behalf being spontaneous and non-scripted. The robot dialogue was a set pattern of utterances to engage interlocutors …

Binding The Executive (By Law Or By Politics), Aziz Huq

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No abstract provided.

They Saw A Protest: Cognitive Illiberalism And The Speech-Conduct Distinction, Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski, Jeffrey J. Rachlinski

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“Cultural cognition” refers to the unconscious influence of individuals’ group commitments on their perceptions of legally consequential facts. We conducted an experiment to assess the impact of cultural cognition on perceptions of facts relevant to distinguishing constitutionally protected “speech” from unprotected “conduct.” Study subjects viewed a video of a political demonstration. Half the subjects believed that the demonstrators were protesting abortion outside of an abortion clinic, and the other half that the demonstrators were protesting the military’s “don’t ask, don’t tell” policy outside a campus recruitment facility. Subjects of opposing cultural outlooks who were assigned to the same experimental condition …

An Investigation In The Development Of Europe's Erasmus Internship Policy, Frank Cullen

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The involvement of the School of Culinary Arts and Food Technology in 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. This paper provide an overview of the development of Erasmus internship and relationship between the the European Commission, the HEA, and DIT.

What Is The Pensee Sauvage And Is It Still Alive In Modern Society?, Mark William Farrell

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The culinary process has changed somewhat down through the ages but not to any great extent. The raw materials are still similar but innovation and creativity has been applied to them to give the finished product varying degrees of taste, texture, sensory and aesthetic pleasure. Fundamentally the tools which we use to interpret or rate our food are the very same apparatus which animals use to define theirs. The anthropology of sensory perception is essentially the same for animals and man in an evolutionary perspective (Pasquet, Simmen & Pagezy, 2000). It reflects the capacity of the animal or primitive human …

On Creativity, Kerry Meakin

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A review of available literature on creativity was undertaken to determine the definition of creativity, the common traits displayed by those perceived as being creative and how those traits may possibly be nurtured. The word ‘creativity’ has been used by politicians as if it is tangible commodity that must be developed in time of economic recession. Indeed, Dublin City Enterprise Board, a local government authority are in the process of staging ‘Idea Generation’ workshops, “this workshop not only shows you what ideas are good ideas but also introduces you to the concepts of thinking laterally” (Dublin Regional Authority, 2011). The …

Reconsidering The Avant-Garde Through Ritual, Clodagh Emoe

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This essay seeks to challenge, albeit in a modest capacity, the ostensible understanding of the avant-garde as a failed project. While acknowledging the criticisms arguing the failure of the avant-garde to motivate a new social order by leading cultural commentators, such as Raymond Williams and Peter Bürger, this essay follows critic Hal Foster’s retroactive model of art and theory to reconsider the avantgarde under conditions of enquiry that focus on the enactment of alternate modalities — this being ritual theory. A key concern of Fosters “new articulation” of the avant-garde is an understanding of the critical capacity of art by …

Reasons For Non-Engagement With The Provision Of Emotional Competency Coaching: A Qualitative Study Of Irish First Year Undergraduate Students, Aiden Carthy, Celesta Mccann, Sinead Mcgilloway, Colm Mcguinness

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Very little is known as to why students choose not to participate in emotional intelligence coaching programmes. This qualitative study was undertaken with a sample of Irish undergraduate students (n=20), who chose not to engage with the provision of coaching at a technical college inDublin. The reasons for non-engagement were explored by means of face-to-face interviews. The four principal reasons for non-engagement were: failing to appreciate the value of coaching; a perceived heavy academic workload; the fact that coaching was not a mandatory component of the academic curriculum; and fear that coaching may reveal weaknesses of character. Based on the …

Is A Self-Catering Holiday With The Family Really A Holiday For Mothers? Examining The Balance Of Household Responsibilities While On Holiday From A Female Perspective, Ziene Mottiar, Deirdre Quinn

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The commonly cited definition of what constitutes a holiday is that it is a change from the norm, or an escape from everyday life. But is this the case if tourists are going on a self-catering holiday where many of the tasks from everyday life such as cleaning, minding children and cooking must still be undertaken? This research is specifically interested in the role of mothers, from their own perspectives, on such holidays. It explores how household responsibilities are divided between partners when on holiday and questions does this differ from the situation when at home? In so doing this …

Saving Their Own Souls: How Rluipa Failed To Deliver On Its Promises, Sarah Gerwig-Moore

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In the summer of 2001, as a graduate student in law and theology, I began work on a master’s thesis that examined the predicament of men of faith on San Quentin’s Condemned Row. I was working in the California Appellate Project—mostly assisting with direct appeals and state habeas petitions on behalf of men under a death sentence—when a colleague guided me into theological conversations with some of our clients. On Condemned Row, they waited—up to five years to be assigned a court-appointed appellate attorney, on judges’ rulings, and to find whether the legal system would ultimately exact the penalty it …

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

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The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law violations of IHL, however also give rise to civil liability Despite the advances with respect to rape made in the …