Digital Commons Network^™

Institutional Loyalties In Constitutional Law, Aziz Huq, David Fontana

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No abstract provided.

Gender Representation In Children’S Books: Case Of An Early Childhood Setting, Katarina Filipovic

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The purpose of this small-scale case study was to identify and analyze key patterns in terms of gender representation in children’s books in one early childhood setting. Furthermore, this case study sought to understand the perspectives of early childhood educators on gender representation in children’s books. The researcher employed multiple methods of data collection, including content analysis of 15 children’s books, as well as reflective journal writing and professional conversation between eight educators from one early childhood center in Dublin, Ireland. Content analysis of children’s books revealed distinct gender patterns that include underrepresentation of female characters and instances of gender …

Carefree Masculinities In Ireland: Gender Conservatism And Neo-Liberalism, Niall Hanlon

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No abstract provided.

Social Care Students’ Learning In The Practice Placement In Ireland, Fiona Mcsweeney, David Williams

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The practice placement is a central component of social care education, being seen as where students develop their practice skills, self-awareness and apply theoretical knowledge. This research reports on social care students’ experiences of their practice placements, in particular how learning was achieved and what helped learning. An interpretivist approach was used in line with the acceptance of the individuality of students’ experiences. A volunteer sample of seventeen students were interviewed individually at the end of their final year in college. The interview transcripts were thematically analysed. Four themes were identified: the need for a balance between autonomy and doing …

The Run Of Ourselves: Shame, Guilt And Confession In Post-Celtic Tiger Irish Media, Marcus Free, Clare Scully

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This article examines the emergence of the themes of shame and guilt in Irish print and broadcast media in the wake of Ireland’s 2008 economic collapse. It considers how the potential search for explanation of the crisis as a manifestation of unregulated banking and development sectors was displaced onto a confessional discursive pattern in which emphasis was placed on rampant borrowing and consumption as reflective of collective narcissism and acquisitive greed. Hence the logic that ‘hubris’ led inevitably to a national fall from grace and the corresponding resurgence of postcolonial shame; and the interplay between cultural nationalist and neoliberal discourses …

Astonishingly Excellent Success Or Sad! Loser! Failure: Why President Trump’S Legal Narratives “Win” With Some Audiences And “Lose” With Others, Cathren Page

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While President Trump is often called a liar and various commentators have analyzed his rhetorical approach, little has been said about storytelling's role in his wins and losses. Trump’s narratives about legal issues enjoy wild success with his supporters, amuse some critics, and terrify others. Thus far into his presidency, his legal narratives have often failed with courts. With nearly sixty-three million American voters backing Trump, scholars and students of persuasion cannot ignore his successes. However, with over sixty-five million Americans voting against him and various court’s ruling against him, scholars and students of persuasion also cannot ignore his failures. …

Discursive Constructions Of Professional Identity In Policy And Regulatory Discourse, Gerard Fealy, Josephine Mary Hegarty, Martin Mcnamara, Mary Casey, Denise O'Leary, Catriona Kennedy, Pauline O’Reilly, Rhona O’Connell, Anne-Marie Brady, Emma Nicholson

Articles

Aim

To examine and describe disciplinary discourses conducted through professional policy and regulatory documents in nursing and midwifery in Ireland.

Background

A key tenet of discourse theory is that group identities are constructed in public discourses and these discursively constructed identities become social realities. Professional identities can be extracted from both the explicit and latent content of discourse. Studies of nursing's disciplinary discourse have drawn attention to a dominant discourse that confers nursing with particular identities, which privilege the relational and affective aspects of nursing and, in the process, marginalize scientific knowledge and the technical and body work of nursing. …

Unpacking Action Research And Implementation Science: Implications For Nursing, Mary Casey, Denise O'Leary, David Coghlan

Articles

Aim

The aim of this study was to unpack the key concepts of action research and implementation science thereby enabling appropriate use of these methods in nursing.

Background

A key issue in action research is not so much the methodology employed to gather data/evidence but who decides the research agenda and who benefits from it. Implementation science is a way to ensure that evidence is translated into practice. The question arises as to how action research and implementation may be understood in relation to one another in nursing.

Design

Discussion Paper

Data sources

This discussion paper is based on our …

Muddy Waters: Refining The Way Forward For The “Sustainability Science” Of Socio-Hydrogeology, Paul Hynds, Shane Regan, Luisa Andrade, Simon Mooney, Kevin O'Malley, Stephanie Dipelino, Jean O'Dwyer

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The trouble with groundwater is that despite its critical importance to global water supplies, it frequently attracts insufficient management attention relative to more visible surface water sources, irrespective of regional climate, socioeconomic profile, and regulatory environment. To this end, the recently defined sub-discipline of "socio-hydrogeology", an extension of socio-hydrology, seeks to translate and exchange knowledge with and between non-expert end-users, in addition to involving non-expert opinion and experience in hydrogeological investigations, thus emphasising a "bottom-up" methodology. It is widely acknowledged that issues pertaining to groundwater quality, groundwater quantity, climate change, and a poor general awareness and understanding of groundwater occurrence …

Giving Teeth To State Constitutions: Using History To Argue Utah's Constitution Affords Greater Protections To Criminal Defendants, Samuel P. Newton

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No abstract provided.

Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens

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This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime …

The People Against The Constitution, Aziz Huq

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No abstract provided.

Empowering Students To Perform An Enhanced Role In The Assessment Process: Possibilities And Challenges, Paul Dervan

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Assessment is key to student learning. This paper examines the case for increased participation by higher education students in the assessment process to deepen learning and improve learner motivation. While increased student participation may not solve all problems relating to assessment, a review of the literature dealing with enhancing the role of students in the assessment process, and original research conducted amongst academics and students at the author's institution, suggests improvements can be made leading to increased student satisfaction, motivation and competency. This paper therefore argues for change in the approach to assessment by empowering students to become partners in …

Fearless Speech, Mary Anne Franks

Articles

The American conception of free speech is primarily defined as the freedom to say whatever one wants, with little regard for the quality, context, or impact of the speech. Thus, American free speech doctrine is often characterized as neutral with regard to the speaker and the content of speech; in practice, however, it consistently privileges powerful over vulnerable speakers and harmful over critical speech.

From Philadelphia to Skokie to Charlottesville, the First Amendment has been interpreted to protect speech by white men that silences and endangers women and minorities. As free speech doctrine and practice become increasingly concerned with private …

Academic Twitter And Professional Learning: Myths And Realities, Muireann Okeeffe

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Social networking sites provide opportunities for informal and social learning of academic practices in higher education, yet not all academics engage in these spaces. This qualitative study suggests that while Twitter offers informal opportunities for academi development, inhibiting factors prevent staff from establishing their social presence and participating in conversations on academic Twitter.

Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson

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No abstract provided.

Legal Or Political Checks On Apex Criminality: An Essay On Constitutional Design, Aziz Huq

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No abstract provided.

Terrorism And Democratic Recession, Aziz Huq

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No abstract provided.

What Is Discriminatory Intent?, Aziz Huq

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No abstract provided.

The Neglected Role Of Justification Under Uncertainty In Corporate Governance And Finance, Claire Hill, Alessio M. Pacces

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No abstract provided.

Gender And The Tournament: Reinventing Antidiscrimination Law In An Age Of Inequality, June Carbone, Nancy Levit, Naomi Cahn

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No abstract provided.

Symbolism And Separation Of Powers In Agency Design, Kristin Hickman

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No abstract provided.

An Identity Theory Of The Short- And Long-Term Investor Debate, Claire Hill

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No abstract provided.

Punishing Kids In Juvenile And Criminal Court, Barry Feld

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No abstract provided.

Punishment And Human Dignity: Sentencing Principles For Twenty-First-Century America, Michael Tonry

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No abstract provided.

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

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The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access …

A Logical Step Forward: Extending Voluntary Acknowledgments Of Parentage To Female Same-Sex Couples, Jessica Feinberg

Articles

Under current law, stark differences exist between different- and same-sex couples who welcome children into the world with regard to the ease through which the member of the couple who did not give birth to the child is able to obtain legal parent status. While a number of simple, efficient procedures exist for establishing legal parentage for different-sex partners of women who give birth, same-sex partners of women who give birth often have to go through significantly more complex, time-consuming, and expensive procedures in order to establish legal parentage. The inequitable treatment of same-sex couples in establishing legal parentage has …

Telling Tales The Transactional Lawyer As Storyteller, Karen J. Sneddon

Articles

Transactional lawyers are storytellers, although they may not think of themselves as such. They work with provisions and clauses to build trans-actional documents that encapsulate the wishes, hopes, and fears of the transacting parties to promote, guide, and control the relationship of those parties. Narratology, the theory of narrative, can provide a resource to transactional lawyers that facilitates the construction of a wide range of transactional documents, which can themselves be considered narratives.

The form documents that transactional lawyers use as starting points in the drafting process are already rife with narrative characteristics; they are embedded with characters and plots, …

Problem-Based Learning: Student Perceptions Of Its Value In Developing Professional Skills For Engineering Practice, Una Beagon, Dervilla Niall, Eabhnat Ni Fhloinn

Articles

This study explores students’ perceptions of the effectiveness of a Problem-Based Learning (PBL) design project, taken as part of a first-year engineering module, in developing professional skills needed for engineering practice. Students completed surveys before and after the PBL group project, and produced personal reflections on the process. The closed survey questions were analysed quantitatively and the main themes from the reflections outlined using General Inductive Analysis. Students rated themselves as having improved across a range of professional skills as a result of the project, with particular emphasis on teamwork, communication skills, understanding of the design process and self-directed learning. …

Assessing The Real Risk Of Sexually Violent Predators: Doctor Padilla's Dangerous Data, Tamara Rice Lave, Franklin E. Zimring

Articles

This Article uses internal memoranda and emails to describe the efforts of the California Department of Mental Health to suppress a serious and well-designed study that showed just 6.5% of untreated sexually violent predators were arrested for a new sex crime within 4.8 years of release from a locked mental facility. The Article begins by historically situating sexually violent predator laws and then explains the constitutionally critical role that prospective sexual dangerousness plays in justifying these laws. The Article next explains how the U.S. Supreme Court and the highest state courts have allowed these laws to exist without requiring any …