Digital Commons Network^™

Police Interrogation Of Juveniles: An Empirical Study Of Policy And Practice, Barry C. Feld

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The Supreme Court does not require any special procedural safeguards when police interrogate youths and use the adult standard--“knowing, intelligent, and voluntary under the totality of the circumstances”--to gauge the validity of juveniles' waivers of Miranda rights. Developmental psychologists have studied adolescents' capacity to exercise Miranda rights, questioned whether juveniles possess the cognitive ability and adjudicative competence necessary to exercise legal rights, and contended that immaturity and vulnerability make juveniles uniquely susceptible to police interrogation tactics. In the four decades since the Court decided Miranda, we have almost no empirical research about what actually occurs when police interview criminal suspects, …

Institutional Review Boards, Regulatory Incentives, And Some Modest Proposals For Reform, Dale Carpenter

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It is time to rethink the role of Institutional Review Boards (IRBs) in approving social science research. While most law professors conduct their research in an almost unregulated environment - pouring through cases, statutes, and each other's articles, all without the kind of human interaction subject to IRB regulation - their colleagues elsewhere in the university have been coping for decades with an increasingly intrusive bureaucracy that sometimes undermines basic academic values. Three things seem very clear. First, there are a lot of IRBs - at least 4,000 - and their numbers are growing. Second, they have recently "increased their …

The Absolute Prohibition Of Torture And Ill-Treatment, David Weissbrodt

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The President, the Secretary of State, and other U.S. government officials have repeatedly assured the world that the United States does not engage in "torture." Whenever they try to issue such statements, the critical listener must ask such questions as "What do they mean by torture?" Have they so narrowly defined "torture" as to ask the listener to overlook the mounting evidence of extremely brutal treatment which U.S. personnel have perpetrated against detainees in Afghanistan, Guantanamo, Iraq, and other secret detention facilities? Many detainees held by the U.S. have been subjected to illtreatment that would, under international definitions and jurisprudence, …

Effects Of Retinal Image Degradation On Pre-Attentive Visual Search (Pavs) Efficiency For Flicker, Movment And Orientation Stimuli, Peter Davison, James Loughman

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Background: Previous research has shown that several clinical conditions cause increased pre-attentive visual search (PAVS) times, implying reduced parallel search capabilities in glaucoma and DLB dementia. The purpose of the research reported here was to examine for the first time the resistance of PAVS to dioptric blur using targets differing from the background in terms of flicker, vertical displacement, and orientation. Resistance would enhance the applicability of PAVS as a screening method for glaucoma and other clinical conditions affecting performance of a substantial area of the retina. Method: Computer generated flicker, orientation and vertical displacement targets were used to assess …

Smart Growth: A Buffer Zone Between Decentrist And Centrist Theory?, Dorothy Stewart, Lorcan Sirr, Ruth Kelly

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The context for planning at the turn of the 19th century, in a newly industrialized world, was based on the need to find solutions to overcrowding and dire urban conditions. Planning decisions made in the post-World War II period were primarily motivated by the desire to reconstruct war torn cities. The forces of influence for planning and development in modern advanced capitalist societies are arguably set within the context of sustainable development. Many developed countries have witnessed a dramatic change in their territorial structures. Urban centres are extending into rural areas and surrounding hinterland, where large tracts of land are …

The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri

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No abstract provided.

Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino

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No abstract provided.

Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William Wilson Bratton

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No abstract provided.

A Cognitive Theory Of Trust, Claire Hill, Erin O'Hara O'Connor

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Interpersonal trust is currently receiving widespread attention in the academy. Many legal scholars incorrectly assume that interpersonal trust is an unmitigated good (or bad) and that legal policy should therefore be crafted to maximize (or minimize) trust. A more nuanced understanding of trust indicates instead that it should be promoted or discouraged, depending on the context. Such an understanding needs to reflect the fact that trust and distrust can, and often do, coexist. In most relationships, the parties trust one another with regard to some matters and yet distrust one another with regard to other matters. More specifically, developing a …

Indexing Change In Lis Work: Implications For Recruiting Managers, John Cullen, Allison Kavanagh

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Purpose: This paper reports on three periods of library and information service (LIS) recruitment data collected over a six-year timeframe with the aim of developing a tool for indexing change in the recruitment and labour market for workers in the field. Methodology / Approach: The recruitment data was collected in an Irish context over three distinct 12-month timeframes (1999, 2001-2002 and 2005). The two earlier annual sets of data have already been reported and discussed (the latter in Library Management in 2004a), and the most recent set (2005) is presented here. The data over the three timeframes is compared here, …

In Defense Of The No Further Inquiry Rule: A Response To Professor John Langbein, Melanie B. Leslie

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No abstract provided.

Size Matters (Or Should) In Copyright Law, Justin Hughes

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American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

Perceived Health Benefit And Soy Consumption Behavior: Two Stage Decision Model Approach, Wanki Moon, Siva K. Balasubramanian, Arbindra Rimal

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A two-stage decision model is developed to assess the effect of perceived soy health benefits on consumers' decisions with respect to soy food. The first stage captures whether or not to consume soy food, while the second stage reflects how often to consume. A conceptual/analytical framework is also employed, combining Lancaster's characteristics model and Fishbein's multi-attribute model. Results show that perceived soy health benefits significantly influence both decision stages. Further, consumers' negative perceptions regarding soy (unappetizing taste and inconvenience) have a substantially greater impact on soy consumption behavior than their perceptions about soy health benefits. This finding carries significant implications …

Exploring The Color Inconstancy Of Prints, Yongda Chen, Roy Berns, Lawrence Taplin

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The color inconstancy of prints is related to the ink spectral properties and the lookup table for multiink printing systems. In this paper, color inconstancy was investigated for several ink-jet printers based on their ink set and the default lookup tables. A virtual model for each printer was created to determine the range of color inconstancy that a specific ink set could achieve. The color inconstancy performance of each default lookup table was evaluated by evaluating the color inconstancy of a printed test target. The optimum combinations of three- and four-chromatic inks were investigated to minimize the color inconstancy and …

Developing A Participatory Consultation Process For Quality Reviews:The Initial Stage Of The European University Associations Quality Review Of The Technological University Dubin, Aidan Kenny

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This paper describes the evolution of a consultation process utilized by the Technological University Dubin (DIT) as part of a quality review process. An emphasis is placed on outlining: the collaborative nature of the enquiry; the guidelines and code of ethics adopted; the social research methodology utilized both quantitative (online surveys, staff n=1831, student’s n=21094) and qualitative (6 staff focus groups n=45 and 4 stakeholder focus groups n=24 and faculty board submissions 6). Instrument construction, theme sheet design and sampling procedures and response rate are detailed. The author, as consultation facilitator, provides an narrative of events and applies theory to …

Arts Festivals And The City, Bernadette Quinn

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There has been a remarkable rise in the number of urban arts festivals in recent decades. The outcomes of cities' engagement with arts festivals, however, remain little understood, particularly in social and cultural terms. This article reviews existing literature on urban festivals and argues that city authorities tend to disregard the social value of festivals and to construe them simply as vehicles of economic generation or as 'quick fix' solutions to city image problems. While such an approach renders certain benefits, it is ultimately quite limiting. If arts festivals are to achieve their undoubted potential in animating communities, celebrating diversity …

An Examination Of Ethical Issues Pertaining To Educational Research, Greg Gallagher

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The social sciences in general and educational researchers in particular have become more and more conscious of ethical propriety and the need for universally acceptable codes of ethical conduct in recent years. This newfound interest stems in part from criticisms of innovative contemporary research methodologies, and the fear that they may be at odds with certain fundamental ethical principles. This, in turn, has resulted in the integrity and validity of some of these new contemporary styles of research being held up to scrutiny and debated by adherents to the more conventional research methodologies. This paper begins by tracing back to …

Ending Impunity: The Case For War Crimes Trials In Liberia, Charles C. Jalloh, Alhagi Marong

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This article argues that Liberia owes a duty under both international humanitarian and human rights law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the warring parties in the course of fourteen years of brutal conflict. Assuming that Liberia owes a duty to punish the grave crimes committed on its territory, the article then evaluates the options for prosecution, starting with the possible use of Liberian courts. The authors argue that Liberian courts are unable, even if willing, to render credible justice that protects the due process …

Design Principles: Continue With Critiquing: Written Report, Peter Dee

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A written report about an object which is considered to be an example of good design focusing on two principles of design; aesthetic usability effect and affordance.

The Custodial Remand System For Juveniles In Ireland: The Empirical Evidence, Gay Graham, Sarah Anderson

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This paper documents the present system of custodial remands for children under sixteen years in Ireland. The research includes the entire population of children remanded into custody during the summer of 2000 (N=117). A flow chart model illustrates these young people’s experiences, and the paper highlights issues such as the number of non-offending children who are in custody (21%); the cycle of repeated remands and court appearances (up to 22 repeats); excessive periods of time spent in secure detention (up to 351 days); and the use of remand facilities for those awaiting a suitable residential placement (57%). It provides an …

The Academic Tournament Over Executive Compensation, William Wilson Bratton

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No abstract provided.

A Question Of Fairness: The Proper Standard Of Review Of School Board Just And Reasonable Cause Determinations In Teacher Termination Proceedings In Idaho, John E. Rumel

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No abstract provided.

Seeing Crime And Punishment Through A Sociological Lens: Contributions, Practices, And The Future, Bernard E. Harcourt, Tracey L. Meares, John Hagan, Calvin Morrill

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No abstract provided.

The Influence Of F.A. Hayek On Law: An Empirical Analysis, M. Todd Henderson

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No abstract provided.

Public Choice Defended (Reviewing Gerry Mackie, Democracy Defended (2003)), Saul Levmore

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No abstract provided.

The Expressive Power Of Adjudication, Richard H. Mcadams

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This article provides a causal explanation of adjudicative compliance that is distinct from both the court's threat of sanctions and its institutional legitimacy. The new mechanism for compliance is the power of adjudicative expression. The theory of "expressive adjudication" arises from a previously neglected synergy among three expressive concepts in game theory -correlated equilibria, focal points, and signals. The article identifies the circumstances in which adjudicative expression can, by itself, influence the behavior of existing disputants and of future potential disputants. In each case, ambiguity in the relevant facts or the concepts underlying intentional and spontaneous order can cause a …

A Social Networks Theory Of Privacy, Lior Strahilevitz

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What facts are public and what facts are private? It is the fundamental, first-principles question in privacy law, and a necessary element in the two most important privacy torts public disclosure of private facts and intrusion upon seclusion. This paper argues that insights from the literature on social networks and information dissemination can help provide courts with a coherent and consistent methodology for determining whether an individual has a reasonable expectation of privacy in a particular fact that he has shared with one or more persons. The social networks literature has generated theoretical and empirical insights about the probability that …

Pets Or Meat, Mary Anne Case

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No abstract provided.

Regulatory Paternalism In The Market For Drugs: Lessons From Vioxx And Celebrex, Richard A. Epstein

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No abstract provided.

Roundtable Discussion: Must We Choose Between Rationality And Irrationality?, Richard H. Mcadams

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No abstract provided.