Digital Commons Network^™

An Economic Interpretation Of The Pashtunwali, Tom Ginsburg

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No abstract provided.

Empiricism And The Rising Incidence Of Coauthorship In Law, Tom Ginsburg, Thomas J. Miles

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The recent growth of empirical scholarship in law, which some have termed "empirical legal studies," has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common prediction is that academic collaboration rises with scholarly specialization. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribution. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the top fifteen law …

On The Evasion Of Executive Term Limits, Tom Ginsburg, Zachary Elkins, James Melton

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Executive term limits are precommitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This Article reviews the normative debate over term limits and identifies …

Radical Thought From Marx, Nietzsche, And Freud, Through Foucault, To The Present: Comments On Steven Luke's In Defense Of False Consciousness Governance And Power, Bernard E. Harcourt

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No abstract provided.

The Political Path Of Detention Policy, Aziz Huq

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No abstract provided.

Youth Work As A Public Good: Older Teenager's Experiences Of Youth Services In Dulbin, Matt Bowden, Kerri Lanigan

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In the context of consumerism, individualism and the privatisation of young people’s leisure, youth work struggles to attract young people, especially those aged 15 to 9 years. Drawing from a study exploring young people’s perspectives on participation in youth services, it is argued that youth work offers a type of public and civic engagement that is not on offer from consumption-based activities. While certain activities attract young people into youth work, what maintains their participation is the sense of belonging they experience and the opportunity to participate meaningfully in decision making. In this regard the youth work sector needs to …

Contextualizing Sexual Violence Committed During The War On Terror: A Historical Overview Of International Accountability, Ryan S. Lincoln

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No abstract provided.

Price Fraud, Wendy Gerwick Couture

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No abstract provided.

The Conundrum Of Zealous Representation (Book Review), Scott E. Sundby

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No abstract provided.

Accommodating Employees With Disabilities: Perceptions Of Irish Academic Library Managers, Anne-Marie O'Neill, Christine Urquhart

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In recent years a significant amount of the literature in the field of librarianship has focused on providing greater access to library facilities to clients with disabilities. There has been constructive debate about accessible buildings, ergonomic design of library facilities, and assistive technologies; but, what of individual people with disabilities who wish to work in libraries? Does the concern for accessibility extend to their employment in the library workplace? What is happening in Irish academic libraries to accommodate them in their employment and achieve equality of opportunities?

Regulation For The Sake Of Appearance, Adam M. Samaha

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Appearance is often given as a justification for decisions, including government decisions, but the logic of appearance arguments is not well theorized. This Article develops a framework for understanding and evaluating appearance-based justifications for government decisions. First, working definitions are offered to distinguish appearance from reality. Next, certain relationships between appearance and reality are singled out for attention. Sometimes reality is insulated from appearance, sometimes appearance helps drive reality over time, and sometimes appearance and reality collapse from the outset. Finally, sets of normative questions are suggested based on the supposed relationship between appearance and reality for a given situation. …

Optimal Remedies For Bilateral Contracts, Francesco Parisi, Barbara Luppi, Vincy Fon

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No abstract provided.

The Antecedents Of Disputes: Complaining And Claiming, Herbert M. Kritzer

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This paper focuses on the earliest stages of the problem resolution function of law and legal institutions: the emergence of grievances and their communication to a responsible party as complaints and claims. While the literature on this subject is broad, both in terms of methods and in terms of the fairly large number of countries where empirical research on this subject has been conducted, it seems appropriate to ask the question, what do we know and not know about this subject? This paper seeks to answer this question and to suggest fruitful avenues of future inquiry. I first discuss the …

Why Didn't Subprime Investors Demand A (Much Larger) Lemons Premium?, Claire Hill

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The subprime crisis would never have occurred had investors not been such enthusiastic consumers of subprime securities. The investors now say, somewhat self-servingly (but probably correctly), that they did not understand the securities - securities for which they were willing to pay very high prices. This essay seeks to explain investors’ readiness to pay premium prices for these novel and complex instruments. The most satisfactory explanation lies in the incentives for herding among agents who made investment decisions for others. Investors (and markets) compare investment managers to other investment managers. A manager’s best strategy, therefore, may be to do what …

Fame Law: Requiring Proof Of National Fame In Trademark Law, Xuan-Thao Nguyen

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The public has always been infatuated with fame. Trademark law likewise has a long history of infatuation with fame. Protecting the fame embodied in a trademark against dilutive use by others has not been easy. The difficulty stems from the wording of the statute and judicial failure to understand the “fame” requirement. The fundamental question centers on what level of fame is required for the property-like protection against subsequent uses that dilute the famous trademark. This Article argues for national fame to be the requisite requirement for property-like anti-dilution protection under trademark law. The Article recommends that the proof of …

Surviving (And Thriving) In The First Year Of Trial Practice, Maureen A. Howard

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The substance and procedure of trial practice may vary across different law firms and agencies, but there are certain challenges that all first-year trial lawyers face when starting out. No matter how brilliant and capable a newly minted attorney may be, there are some lessons more indelibly learned on the job than in law school; while these lessons are undoubtedly valuable, they can be painful and embarrassing. Although reading about the possible pitfalls of the first year of trial practice is not as educational as walking through the fire oneself, I have collected over the years a few tips and …

Effective Pre-Trial Motions: Persuading The Judge, Maureen A. Howard

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Victories won in pre-trial motions can significantly affect the direction and outcome of a trial. For this reason, successful trial lawyers prepare for motions with the same thoroughness that they employ for the trial itself. Arguing a motion to a trial judge, however, is different from arguing your case to a jury; to be effective, an advocate needs to be mindful of the difference.

Judges generally resist what they perceive as emotional manipulation, theatrics, or excessive rhetoric. Many judges expect lawyers to cleanly and succinctly argue the facts and the law without employing any appeal to emotion. That being said, …

The Boundaries Of Privacy Harm, M. Ryan Calo

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Just as a burn is an injury caused by heat, so is privacy harm a unique injury with specific boundaries and characteristics. This Essay describes privacy harm as falling into two related categories. The subjective category of privacy harm is the perception of unwanted observation. This category describes unwelcome mental states—anxiety, embarrassment, fear—that stem from the belief that one is being watched or monitored. Examples of subjective privacy harms include everything from a landlord eavesdropping on his tenants to generalized government surveillance.

The objective category of privacy harm is the unanticipated or coerced use of information concerning a person against …

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

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Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …

The Environmental Laws Of The 1970s: They Looked Good On Paper, William H. Rodgers, Jr.

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This article looks at the "top ten" environmental laws enacted in the 1970s, including the Clean Air Act, the Endangered Species Act, the National Environmental Policy Act, and the Resource Conservation and Recovery Act. It asks: What were the pin-up qualities that made these laws look good on paper? What were the features sponsors bragged about or critics deplored? How were they understood and described at the time of legislative birth? What was thought to be new, different, and better?

We know some of these things about all of these laws. I’ll exercise editorial judgment and declare four common features …

Speaking For The Dead: Voice In Last Wills And Testaments, Karen J. Sneddon

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I do now hereby give, bequeath, and devise all items of tangible personal property that I own or may own a right thereonto, which includes, but is not limited to, objet d'art, furnishings, automobiles, and silver, to my surviving issue per stirpes.

A will is arguably the most important and personal legal document an individual ever executes. As the language above illustrates, much of the typical language in a will removes all traces of the individual. This personal legal document is ostensibly the individual's-the testator's-document. For a testator, contemplating the creation and execution of a will is the contemplation of …

The Implementation Of Pre-Lecture Resources To Reduce In-Class Cognitive Load: A Case Study For Higher Education Chemistry, Michael Seery, Roisin Donnelly

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This case study describes an effective method to ameliorate the cognitive load caused by new terminology and concepts in lectures. Ten online pre-lecture resources whose design was underpinned by the principles of cognitive load theory were provided to a class of 49 first year university level chemistry students. Each resource introduced a number of key concepts to the forthcoming lecture and included a quiz for students to test understandings and identify misconceptions. The evaluation of the implementation of resources was measured by considering the difference in exam marks for in-semester test and end of module exam. These showed that the …

Using An Adaptive Scenarios Approach To Establish Strategies For Tomorrow’S Workplace, Ruth Saurin, John Radcliffe

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This paper aims to demonstrate that it is important to have a methodological process that is reflexive and flexible to achieve fluid interactions that add rigour and energy to the overall process of a built environment project. Therefore, it outlines three phases of the Prospective Through Scenarios futures process used in a study called the “Workplace of the Future”. It also discusses how and why the methodology evolved during the course of the project with participant feedback as the main source of information for the analysis. Furthermore, novel qualitative futures techniques have been applied to a discipline that is usually …

Geolearn - Multi-Media Resources, Audrey Martin

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This paper examines the potential of pedagogically designed video demonstrations in supporting the learning requirements of students in the Spatial Information Sciences (DSIS). Currently, over three hundred full and part-time students in the College of Engineering and Built Environment undertake a module in Land Surveying each semester and although these students range in discipline and academic level (NQAI 6 - 8), they all share a need for basic information and instruction in the area of practical land-surveying techniques. To accommodate this highly practical subject area, fifty per cent of contact time is normally dedicated to group-based field exercises, the results …

Financial Literacy Or Financial Castigation?, John A. E. Pottow

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This year, the Canadians- through their government-convened Task Force on Financial Literacy - have proudly produced, "Canadians and their Money: Building a Brighter Financial Future." Armed with 30 recommendations, its most dramatic innovation is to recommend the creation of a Financial Literacy Leader. I have been asked to provide an American perspective on this report specifically and the broader agenda of "financial literacy" more generally as a consumer welfare intervention. Let me start by acknowledging the critiques of the Canadian Task Force. For example, my Canadian colleague, Saul Schwartz, has already drafted a compelling analysis of the political economy behind …

Macular Pigment: Its Associations With Color Discrimination And Matching, Peter Davison, Akkali Makunda, James Loughman, Grainne Scanlon, John Nolan, Stephen Beatty

Articles

Purpose

Macular pigment (MP) acts as a pre-receptoral filter which selectively absorbs short wavelengths. It has the potential to alter color vision but the literature is conflicting on whether it does and, if so, to what extent, possibly reflecting differences between color mechanisms and color tests. This study was designed to identify and investigate relationships, if any, between macular pigment optical density (MPOD) and color sensitivity using a battery of techniques to quantify the color vision of color-normal observers.

Methods

Color vision was assessed with the Farnsworth-Munsell 100-Hue test (FM100), Moreland match on the HMC anomaloscope, and a customized SWAP …

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

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No abstract provided.

The Move From Protectionism To Outward-Looking Industrial Development: A Critical Juncture In Irish Industrial Policy?, Paul Donnelly, John Hogan

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This paper utilises a new framework for examining critical junctures to help us understand whether the changes to Irish industrial policy at the end of the 1950s constituted a critical juncture, breaking cleanly with what came before, or were a continuation of policy pathways previously established. The framework is made up of three elements, which must be identified in sequence, for us to be able to declare a critical juncture. Irish industrial policy is examined here, as it constitutes a core tenet of wider economic policy.

Bayesian Inference For Exponential Random Graph Models, Alberto Caimo, Nial Friel

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Exponential random graph models are extremely difficult models to handle from a statistical viewpoint, since their normalising constant, which depends on model parameters, is available only in very trivial cases. We show how inference can be carried out in a Bayesian framework using a MCMC algorithm, which circumvents the need to calculate the normalising constants. We use a population MCMC approach which accelerates convergence and improves mixing of the Markov chain. This approach improves performance with respect to the Monte Carlo maximum likelihood method of Geyer and Thompson (1992).

Career Success Investigation, Sue Mulhall

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This paper investigates how researchers have responded to requests to encourage a broader definition of career success by conducting research with underrepresented groups. It investigates the sample populations that are researched, and the type of work experience that is studied, by reviewing 89 articles in journals concerned with the construct of career success from 1992 to 2009. The paper finds that such research principally focuses on managers, professionals and administrators, and the work-related experience considered is almost exclusively situated in the domain of paid employment, particularly full-time employment. It argues that the definition of career success tends to only relate …