Digital Commons Network^™

Sport, Media And The Gaelic Athletic Association: The Quest For The “Youth” Of Ireland, John Connolly, Paddy Dolan

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Social developments and related dynamic relationships connected with the sports– media complex is a recurrent focus of sociological investigation. However, in explaining developments in the relationship between sports associations and media organizations the specific structure of power relations between them and other related organizations is often given primacy. We argue that this negates how changes in people’s social habitus – how people think feel and act – are interconnected with and critical to such explanations. Consequently, in this article we apply the theoretical frame of figurational sociology to demonstrate how the gradual development and expansion of specialist communications and media …

Connectedness In The Lives Of Older People In Ireland, Carmel Gallagher

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This paper presents an analysis of the connectedness of older people in two sample areas, one urban and one rural in Ireland. The paper is based on a study of the communal participation of older people in two geographic localities, Rathmore, a suburban area of Dublin, and Rathbeg, a rural area in County Donegal, conducted between 2000 and 2005. A multi stage study that used both qualitative and quantitative methods examined significant communal interactions of older people across a range of arenas, including leisure interests, involvement in clubs, religious practices, voluntary work, relationships with kin, friends and neighbours, helping activities, …

Improving Criminal Justice Data And Policy, Mary Rogan

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Criminal justice policy in Ireland is often criticised for lacking a robust evidence base.

Increased knowledge about crime and criminal justice may act to enrich all types of criminological enquiry and policy formation. This paper explores the potential of large population registries, similar to those created in the health sector, to inform criminal justice policymaking. The paper looks at the importance of such data collection for criminal justice research and policy and the potential hurdles to its development.

The Frying Pan Or The Fire: Public Attitudes About Using Herbicides To Manage Invasive Weeds, Mariah Evans, Kimberly Rollins

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How do we balance risks? This paper assesses hypotheses derived from instrumental rationality and risk society theories about the reasoning strategies that people will use to develop views supportive or oppositional to the use of herbicides to manage cheatgrass (Bromus tectorum), an invasive weed. Cheatgrass is well-known in the population of the American West to increase wildfire risks substantially and to harm the environment in other ways. But are the cures worse than the disease? One demonstrably effective method of cheatgrass suppression is the use of herbicides, and the paper explores sources of support for and opposition to …

In Praise Of Realism (And Against 'Nonsense' Jurisprudence), Brian Leiter

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Ronald Dworkin describes an approach to how courts should decide cases that he associates with Judge Richard Posner as a "Chicago School of antitheoretical, no-nonsense jurisprudence." Since Professor Dworkin takes his own view of adjudication to be diametrically opposed to that of the Chicago School, it might seem fair then, to describe Dworkin's own theory as an instance of protheoretical, nonsense jurisprudence. That characterization is not one, needless to say, that Professor Dworkin welcomes. Dworkin describes his preferred approach to jurisprudential questions, to be sure, as theoretical, in opposition to what he calls the practical orientation of the Chicago School. …

Lumpy Property, Lee Anne Fennell

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No abstract provided.

Maritime Health: A Review With Suggestions For Research, Malcolm Maclachlan, Bill Kavanagh, Alison Kay

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International maritime health has largely developed within the sphere of occupational health services and international health problems. We reviewed publications in the journal International Maritime Health from 2000 to 2010 to establish the coverage of the journal and the scope of research in maritime health. We identified six thematic categories: healthcare access, delivery and integration; telehealth; non-communicable diseases and physical health problems; communicable diseases; psychological functioning and health; and safety-related issues. We describe the research within these themes and report on their publication prominence. We also analyse the research in terms of its geographical focus, the population groups addressed and …

The Gap In Law Between Developmental Expectations And Educational Obligations, Emily Buss

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The Role Of Accreditation Commissions In Higher Education: The Troublesome Case Of Dana College, Richard A. Epstein

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Law In The Hands Of The Politicians: The Cycles Of American Politics, Richard A. Epstein

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The Romance Of Force: James Fitzjames Stephen On Criminal Law, Richard A. Posner

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Structural Constitutionalism As Counterterrorism, Aziz Huq

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During the past decade, federal courts have adjudicated proliferating challenges to novel policy responses to terrorism. Judges often resolve the individual rights and statutory interpretation questions implicated in those controversies by deploying presumptions or rules of thumb derived from the Constitution's Separation of Powers. These "structural constitutional presumptions" serve as heuristics to facilitate adjudication and to enable judicial bypass of difficult legal, policy, and factual questions. This Article challenges the use of such structural presumptions in counterterrorism cases. Drawing upon recent empirical research in political science, political psychology, and security studies, it demonstrates that abstract eighteenth-century Separation of Powers ideals …

An Exploration Of The Effects Of The Servicescape On Customer And Employee Responses In A Grocery Retail Context, Treasa Kearney, Joseph Coughlan, Aileen Kennedy

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This research investigates the impact of the servicescape on the responses of both the customer and the employee within a retail grocery setting and is exploratory in nature. The paper has its theoretical underpinning in servicescape theory (Bitner, 1992; Homburg and Stock, 2004), physical work environment literature (Davis, 1984; Kuenzi and Schminke, 2009) and the Service Profi t Chain (SPC) (Heskett et al., 1994). Interviews with grocery retail store managers were carried out to contextualise the paper though the main research instrument is a large-scale survey of customers and employees. The fi ndings suggest that almost 50 per cent of …

The Death Penalty And The Mentally Ill: A Selected And Annotated Bibliography, Jean Mattimoe

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The United States Supreme Court over the last decade has selectively whittled away at the scope and availability of the death penalty by exempting certain groups from execution under the Eighth Amendment. In 2002 the court ruled that executing mentally retarded criminals violates the Constitution's ban on cruel and unusual punishment. In 2005 the court ruled that the Constitution forbids the execution of individuals who were under the age of 18 when they committed their crimes. Currently there is an active debate on whether to extend the categorical exemptions created by the Court to the mentally ill. At the forefront …

Criminal Child Neglect And The Free Range Kid: Is Overprotective Parenting The New Standard Of Care?, David Pimentel

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No abstract provided.

Beyond Chalk And Talk: The Law Classroom Of The Future, Timothy W. Floyd, Karen J. Sneddon, Oren R. Griffin

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Law schools are rethinking the traditional Langdellian classroom as they construct the law classroom of the future. Although the reform of legal education has long been heralded, law schools are now on the cusp of actual change. Carnegie’s Educating Lawyers and the Clinical Legal Education Association’s Best Practices for Legal Education are promoting a rethinking of the law classroom. Also encouraging the examination of legal education are changes in the incoming student population, such as the influx of students from the Millennial Generation; technological innovations; and shifting realities and economics of law practice, such as the increased focus on efficiency …

Confronting The Invisible Witness: The Use Of Narrative To Neutralize Capital Jurors’ Implicit Racial Biases, Pamela A. Wilkins

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How can capital defense lawyers craft narratives that neutralize jurors’ unconscious racial and ethnic biases? A well-developed body of research in cognitive psychology indicates that despite even the best of intentions and the absence of conscious prejudice, most Americans harbor unconscious biases against African Americans. These biases influence what we actually perceive, how we interpret what we perceive, and how we act. For reasons related to the content and structure of capital sentencing trials, these unconscious biases are particularly likely to influence capital jurors. In effect, unconscious racial bias acts as an invisible witness against the African American defendant, buttressing …

An Essay On Slavery's Hidden Legacy: Social Hysteria And Structural Condonation Of Incest, Zanita E. Fenton

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No abstract provided.

Some Realism About Responsive Tax Administration, Leigh Osofsky

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The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen

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Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …

Talk About Talking About Constitutional Law, Adam M. Samaha

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Constitutional theory branches into decision theory and discourse theory. The former branch concentrates on how constitutional decisions are or should be made, the latter on how constitutional issues are or should be discussed, For its part, originalism initially was promoted as a method for resolving constitutional disagreement, but it has spread into discourse theory as well. Jack Balkin's "living originalism" illustrates this extension. This Article examines inclusive versions of originalism like Balkin's that permit many different answers to constitutional questions. The Article then suggests pathologies associated with loose constitutional discourse in general. For instance, a large domain for constitutional discourse …

Cognitive Warfare And Young Black Males In America, Perry L. Moriearty, William Carson

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The result was a veritable feedback loop whose cognitive output, the mental imprint of "morally impoverished" "super- predators,"14 continually fed its input. [...]even as crime rates among black youth have dropped steadily since the mid-1990s, these selfreinforcing associations and dissociations have prompted lawmakers and their constituents to continue to support laws and policies that they know disproportionately punish and incapacitate young black males. [...]is the apparent extent to which even subliminal racial primes can influence our perceptions of individuals.

Deidentification And Reidentification In Returning Individual Findings From Biobank And Secondary Research: Regulatory Challenges And Models For Management, William Mcgeveran, Leili Fatehi, Pari Mcgarraugh

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No abstract provided.

Siblings In Law, Jill Elaine Hasday

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No abstract provided.

Environmental Justice And The Bp Deepwater Horizon Oil Spill, Hari M. Osofsky, Kate Baxter-Kauf, Bradley Hammer, Ann Mailander, Brett Mares, Amy Pikovsky, Andrew Whitney, Laura Wilson

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This Article analyzes the environmental justice implications of the BP Deepwater Horizon oil spill and proposes ways to better address these concerns currently and in the future. It explores the justice problems that have arisen with respect to the spill response, compensation, and employment and workers. The Article argues that these problems result from a mix of inadequate information, failure to incorporate environmental justice into planning, and statutory provisions that favor oil companies and limit protections for vulnerable populations. It proposes ways in which to address these causes in the context of this disaster and more broadly.

What A Load Of Hope: The Post-Racial Mixtape, Jeremiah Chin

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This Comment analyzes how Supreme Court decisions and recent legislation have used the language of post-racialism to re-center whiteness through the law. Rather than using explicit racist language, the post-racial project exploits the language of historical antiracist efforts to negate experiences with discrimination while continuing a hostile environment for racial groups and promoting white supremacy in the United States.

Beginning with Supreme Court decisions on affirmative action, in Regents of the University of California v. Bakke and Grutter v. Bollinger, and school desegregation in Parents Involved in Community Schools v. Seattle School District No. 1, this Comment analyzes …

Apologies As Intellectual Property Remedies: Lessons From China, Xuan-Thao Nguyen

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It is a frequent refrain that “the world is shrinking.” In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different.

One notable aspect of Chinese intellectual property law is the availability of apology as a remedy. Despite a culture that places a high value on apology, and considerable legal scholarship and precedent regarding apology as remedy, many in the United States scoff at the notion of …

Feeling At Home: Learning, Law, Cognitive Science, And Narrative, Lea B. Vaughn

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What is the "how and why" of law's affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address "how" narrative helps us learn and use the law as well as "why" we are so compelled to use stories in teaching and in practice.

Brain science, simplified here, suggests that the first task is to grab someone's attention. Emotionally charged events are more likely …

A Call For Standards: An Overview Of The Current Status And Need For Guardian Standards Of Conduct And Codes Of Ethics, Karen E. Boxx, Terry W. Hammond

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The role of trust in guardianships is rarely discussed, perhaps because of the assumption that court supervision of guardians reduces their power to act in any way other than trustworthy. However, as the number of persons needing guardianship protection increases while the resources available to courts to finance supervision decreases, the role of guardian is starting to become a more conventional fiduciary relationship complete with a hallmark downside-lack of supervision. Because of this trend, the concept of delineated standards for performance of a guardian's duties has taken on critical importance.

The 2001 Wingspan Conference, the second national conference on guardianship …

Incorporating Literary Methods And Texts In The Teaching Of Tort Law, Zahr K. Said

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Literature is comparatively under-investigated as an arena for tort pedagogy and for first-year courses in the legal curriculum generally. Where literature tends to appear in law school, it most frequently does so in the form of stand-alone law-and-literature classes, which usually focus heavily on literature.

In teaching a first-year tort law course at the University of Washington School of Law, I have explicitly used literature to aid and amplify legal analysis. The emphasis has been on law, rather than on literature. Nonetheless, literary texts and methods helped my students investigate how the law conceives of, and expresses, duties and losses …