Digital Commons Network^™

Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel

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No abstract provided.

Neutrality In Irish Mediation, One Concept, Different Meanings, Aonghus Cheevers

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The Mediation Act 2017 places mediation at the heart of the civil justice system in Ireland and protects some of the key principles of mediation. This article discusses neutrality, one of these principles. The article shows how neutrality is discussed by two sets of mediation stakeholders (clients and mediators). Using two data sets, the article demonstrates that both groups recognize the influence of neutrality on the mediation process. At the same time, the article shows that the manner in which both groups discuss neutrality is different.

Fifty Years Of The Strategic Trade-Offs Model: In Memory And Honor Of Wickham Skinner, Roberto Sarmiento, Garvan Whelan, Matthias Thürer, Francisco Arturo Bribiescas-Silva

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In 1969, Professor Wickham Skinner, whom many consider as “the father of manufacturing strategy,” published a seminal paper entitled “Manufacturing-Missing Link in Corporate Strategy.” Among the many interesting insights outlined in that article, Skinner is particularly careful to explain the importance of acknowledging the existence of specific trade-offs in the design of production systems. For example, he warns that a failure on the part of executives to recognize the limitations and compromises that are inherent to all technology and human based systems will inevitably result in a diminished ability of firms to compete successfully in the marketplace. Fifty years after …

Trans Formations In The Vatican’S War On "Gender Ideology", Mary Anne Case

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This article will trace the Vatican's decades-long, worldwide, multifront war on what it has come to call "gender ideology" from its very recent incarnation in Donald Trump's United States back through its origins in the last century, highlighting the central role that concerns about transgender rights have always played for the two popes who have most directly shaped the contours of this war, Benedict XVI and Francis. Among the claims of the paper is that the conceptual apparatus behind the Vatican's anathematization of the complex of feminist, reproductive, and LGBT rights issues it has for a quarter century lumped together …

Personalizing Precommitment, Lee Anne Fennell

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No abstract provided.

Personalizing Mandatory Rules In Contract Law, Omri Ben-Shahar, Ariel Porat

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No abstract provided.

Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan

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“Tone At The Top” And The Communication Of Corporate Values: Lost In Translation?, Claire Hill

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No abstract provided.

Fractured Justice: An Experimental Study Of Pretrial Judicial Decision-Making, Prentiss Cox

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No abstract provided.

Fifty Years Of American Sentencing Reform: Nine Lessons, Michael Tonry

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What To Do About Chevron--Nothing, Nicholas Bednar

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For thirty-five years, doctrinalists have tormented themselves trying to dissect the Supreme Court’s most infamous administrative-law doctrine: Chevron deference. We have asked when and how it applies. At the same time, we have asked whether Chevron should exist at all. In other words, does Chevron have any normative advantages that warrant its continued existence and prolific use? Despite thirty-five years to work out our differences, the academy — and the courts — remain torn on the answers to all of these questions.

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

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Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan

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As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …

Restructuring Rebuttal Of The Marital Presumption For The Modern Era, Jessica Feinberg

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The marital presumption of paternity, which arose from English common law, has served as a core component of the law governing parentage in the United States since the nation’s inception. Pursuant to the marital presumption, a husband is presumed to be the legal father of any child born to or conceived by his wife during the marriage. Historically, the marital presumption was extremely difficult to rebut, generally requiring proof of the husband’s non-access to his wife during the time of conception, the husband’s sterility or impotence, or adultery on the part of the wife. As these early grounds for rebuttal …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

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Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision-making. There is now a growing pressure to deregulate in diverse fields such as contracts, products liability, consumer protection, and occupational licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good nature of reviews, rankings, and even gossip, this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value. As a result …

Assessment Of Two Behavioural Models (Hbm And Ranas) For Predicting Health Behaviours In Response To Environmental Threats: Surface Water Flooding As A Source Of Groundwater Contamination And Subsequent Waterborne Infection In The Republic Of Ireland, L. Andrade, K. O'Malley, Paul Hynds, E. O'Neill, J. O'Dwyer

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Extreme weather events (EWEs) are increasing in frequency, posing a greater risk of adverse human health effects. As such, developing sociological and psychological based interventions is paramount to empowering individuals and communities to actively protect their own health. Accordingly, this study compared the efficacy of two established social-cognitive models, namely the Health Beliefs Model (HBM) and Risks-Attitudes-Norms-Abilities-Self-regulation (RANAS) framework, in predicting health behaviours following EWEs. Surface water flooding was used as the exemplar EWE in the current study, due to the increasing incidence of these events in the Republic of Ireland over the past decade. Levels of prior experience with …

Guest Editorial Special Issue On Using Enquiry-And-Design-Based Learning To Spur Epistemological And Identity Development Of Engineering Students, Shannon Chance, Bill Williams, Tom Goldfinch, Robin S. Adams, Lorraine N. Fleming

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This Special Issue of the IEEE Transactions on Education focuses on using enquiry-based design projects to spur engineering students’ development, so as to increase understanding and application of the relevant theories, foster higher rates of student development and achieve this in healthy and productive ways.

Daylight: What Makes A Difference, M. Knoop, O. Stefani, B. Bueno, B. Matusiak, R. Hobday, A. Wirz-Justice, K. Martiny, T. Kantermann, M. Aarts, N. Zemmouri, S. Appelt, Brian Norton

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Light is necessary for vision; it enables us to sense and perceive our surroundings and in many direct and indirect ways, via eye and skin, affects our physiological and psychological health. The use of light in built environments has comfort, behavioural, economic and environmental consequences. Daylight has many particular benefits including excellent visual performance, permitting good eyesight, effective entrainment of the circadian system as well as a number of acute non-image forming effects and the important role of vitamin D production. Some human responses to daylight seem to be well defined whilst others require more research to be adequately understood. …

Metamorphosis: A Minority Professor's Life, Richard Delgado

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This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …

Recovery Of Memory After Cerebral Artery Aneurysm Surgery, Ljiljana Pačić-Turk, Petra Jandrijevic, Ana Havelka-Meštrović

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The principal study objective was to define whether memory deficits (numerical, working, verbal-mechanical, verbal-logical and visual memory) occurred in patients submitted to surgery for brain artery aneurysm and whether significant recovery of memory took place with time. The study sample included 92 patients, i.e. 35 (38%) male and 57 (62%) female patients aged 27 to 76 years. Neuropsychological testing was conducted at Zagreb University Hospital Centre, Department of Neurosurgery, from 1998 to 2012, in two time intervals: first within 11 months following surgery, and then 12 to 48 months after surgery. The obtained results showed that verbal-mechanical, verballogical, and visual …

Catch And Kill: Does The First Amendment Protect Buying Speech To Bury It?, Leonard M. Niehoff

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The news media usually chase stories in order to publish them—but sometimes not so much. In some instances, media entities vigorously pursue a story—and purchase the source’s right to tell it—for the specific purpose of ensuring that it does not see the light of day. This practice, commonly called “catch and kill,” has recently come under close scrutiny and raises a host of questions.

These include pragmatic questions: Does the practice work? Can the media entity (or a third-party beneficiary) really enforce the underlying contract? Doesn’t the source’s willingness to abide by the contract come down to a simple economic …

Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.

Clown Eggs, Dave Fagundes, Aaron Perzanowski

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Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

Targeting Poverty In The Courts: Improving The Measurement Of Ability To Pay Fines, Meghan M. O'Neil, J.J. Prescott

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Ability-to-pay determinations are essential when governments use money-based alternative sanctions, like fines, to enforce laws. One longstanding difficulty in the U.S. has been the extreme lack of guidance on how courts are to determine a litigant’s ability to pay. The result has been a seat-of-the-pants approach that is inefficient and inaccurate, and, as a consequence, very socially costly. Fortunately, online platform technology presents a promising avenue for reform. In particular, platform technology offers the potential to increase litigant access, reduce costs, and ensure consistent and fair treatment—all of which should lead to more accurate sanctions. We use interviews, surveys, and …

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

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The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …

Does It Take Three To Dance The Tango? Organizational Design, Triadic Structures And Boundary Spanning Across Subunits, Stefano Tasselli, Alberto Caimo

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In this paper, we investigate the processes of boundary spanning across subunits within organizational networks. We hypothesize that patterns of advice across organizational subunits are explained by different triadic mechanisms depending on the organizational design of the intra-organizational network. In organizational networks characterized by flat hierarchy, we found triadic cyclic closure to be positively associated to boundary spanning across subunits; but when the network reflects an organizational structure with formal hierarchical differentiation among members, then we found triadic transitive closure to be associated to boundary spanning across subunits. We test these predictions in two empirical studies consisting of two organizational …

Using Drawings To Understand Perceptions Of Civic Engagement Across Disciplines: ‘Seeing Is Understanding’, Sharon Feeney, John Hogan

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In this article, we wish to investigate if disciplinary differences exist among students when considering the topic of civic engagement. We use freehand drawing to create a learning environment in the classroom wherein students can seek to develop meaningful associations with civic engagement. The drawings examined here, produced by three different class groups, provide insights into how young adults perceive their society and their place in it, and thus communicate their understanding of civic engagement. Freehand drawing, in bypassing cognitive verbal processing routes, leads students to produce clearer and more holistic images. It allows them to put into visuals a …

Note: The Prisoner’S Dementia: Ethical And Legal Issues Regarding Dementia And Healthcare In Prison, David M. N. Garavito

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This Note will give an overview of the political and legal issues that lead to the underdiagnosing of dementias in prison populations and the problems associated with such underdiagnosing. Part I will discuss various forms of dementia that place the prison population at risk, providing general information about both pathology and symptomology of these disorders. Part II will provide an overview of the laws and policies surrounding the healthcare of prisoners and how these policies could lead to underdiagnosing problems specifically with neurological problems like dementia. Part III will describe how the symptomology of dementia, especially for those who remain …

From Dreaming To Believing: A Review Of Consumer Engagement Behaviours With Brands’ Social Media Content Across The Holiday Travel Process, Dean Creevey, Etain Kidney, Glenn Mehta

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This paper reviews social media user engagement behaviours with brands and proposes a new stage within the travel process. Specifically, the pre-trip stage is examined and investigation into a two sub-stage split is proposed; pre-purchase and post-purchase. Dubbed the Believing phase, this paper calls for research into the patterns of engagement behaviour towards hotel brands’ content at this currently under-researched stage. Current social media-focussed research examines influence on purchasing decisions of users, social media usage on-site, and post-trip evaluation. There remains a conceptual gap highlighting the behavioural patterns of users during the period between initial purchase and subsequent departure.

The Role Of Mineral And Trace Element Supplementation In Exercise And Athletic Performance: A Systematic Review, Shane Heffernan, Katy Horner, Giuseppe De Vito, Gillian Conway

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Minerals and trace elements (MTEs) are micronutrients involved in hundreds of biological processes. Deficiency in MTEs can negatively affect athletic performance. Approximately 50% of athletes have reported consuming some form of micronutrient supplement; however, there is limited data confirming their efficacy for improving performance. The aim of this study was to systematically review the role of MTEs in exercise and athletic performance. Six electronic databases and grey literature sources (MEDLINE; EMBASE; CINAHL and SportDISCUS; Web of Science and clinicaltrials.gov) were searched, in accordance with PRISMA guidelines. Results: 17,433 articles were identified and 130 experiments from 128 studies were included. Retrieved …