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Gastro-Topogrophy: Exploring Food-Related Placenames In Ireland, Máirtín Mac Con Iomaire

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Most Irish people likely have little or no knowledge of the richness and variety of their ancestor’s diet before the arrival of the potato. For generations, food was considered far too common to be considered a field of study. Considering the primacy of food in people’s lives generally throughout history, it is logical that food be reflected in toponymic references to environment and landscape. This article taps into a wide range of material including poetry, prose, travellers’ reports, mythology, folklore, letters, shipping records, and archaeological evidence, both to contextualize the food-related placenames of Ireland, and to explore what Irish placenames …

Latcrit 2013 Conference Symposium Afterword:Theorizing And Building Critical Coalitions: Outsider Society And Academic Praxis In Local/Global Justice Struggles, Francisco Valdes

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No abstract provided.

Emotions, Violence And Social Belonging: An Eliasian Analysis Of Sports Spectatorship, Paddy Dolan, John Connolly

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This paper examines the development of different forms of spectator violence in terms of the socio-temporal structure of situational dynamics at Gaelic football matches in Ireland. The nature of violent encounters has shifted from a collective form based on local solidarity and a reciprocal code of honour, through a transitional collective form based on deferred emotional satisfaction and group pride, towards increasing individualization of spectator violence. This occurs due to the shifting objects of emotional involvement. As the functional specialization of the various roles in the game is partially accepted by spectators, the referee becomes the target of anger. Violence …

The Impending Iprize Revolution In Intellectual Property Law, Saul Levmore

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How will intellectual property law change as the economy becomes dominated by services and ideas? This Essay explains why the interest groups and other forces that brought about an expansion of property rights over the last century or two are reconfigured in an economy dominated by ideas. This reconfiguration makes prizes - including grants, subsidies, and various contractual promises - more likely and more attractive than property rights as the means of encouraging innovation. The theory predicts an increase in the use of subsidies and other prizes, rather than patents. These prizes can be of the ex ante kind, offered …

The Questionable Basis Of The Common European Sales Law: The Role Of An Optional Instrument In Jurisdictional Competition, Eric A. Posner

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No abstract provided.

Why The Study Of International Law Needs Experiments, Adam S. Chilton, Dustin Tingley

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No abstract provided.

Cyber-Conflict, Cyber-Crime, And Cyber-Espionage, David Weissbrodt

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Computers and the Internet have changed and are continuing to change the way governments, militaries, businesses, and other organs of society manage their activities. While computers can improve efficiency, they are vulnerable to cyber-attack, cyber-crime, and cyber-espionage. 1 The international community, states, and businesses are still adapting to the unique set of challenges posed by cyber-attack, cyber-crime, and cyber-espionage. States are creating military operations that specialize in cyber-attack and defense to adapt to these relatively new threats to national security operations. 2

Situating Women In Counterterrorism Discourses: Undulating Masculinities And Liminal Femininities, Fionnuala Ní Aoláin

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The preoccupation with the challenges posed by violent actors has long existed for many states, whether such actors are characterized as terrorists or insurgents, nonstate or paramilitary actors. The events of September 11, 2001, brought a new urgency and vibrancy to state action in the realm of counterterrorism, illustrated by both the response of national legal systems as well as more concerted efforts to achieve multilateral and multilevel counterterrorism reactions on the international plane.1 From a feminist perspective, it is notable that terrorism and counterterrorism have long been of marginal interest to mainstream feminist legal theorizing.2 This is partly because …

Law's Violence: Derrick Bell's Next Article Challenging Authority: A Symposium Honoring Derrick Bell, Richard Delgado

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No abstract provided.

Gender And New Wars, Christine M. Chinkin, Mary Kaldor

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War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …

The Full Story Of United States V. Smith, America's Most Important Piracy Case, Joel H. Samuels

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No abstract provided.

Competing Into The Future: Responding To The Emerging Challenges Of Mnc Subsidiaries, Marty Reilly, Pamela Sharkey Scott, Vincent Mangematin

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Purpose

Subsidiary units must respond to emerging threats including disaggregation of value chains and increased headquarters monitoring and control which have lead to a cycle of subsidiary decline. We recognize the value of subsidiary initiatives as a short term response but argue that subsidiary long term survival and growth will depend on the unit’s ability to align with its parent strategic activities and knowledge base.

Design/ Methodology

This research is part of an ongoing quantitative and qualitative study programme of Irish subsidiary operations of foreign MNCs. This paper integrates our broader research to date with both in-depth interviews of a …

Women As Keepers Of Algerian And Pied-Noir Identity, Aoife Connolly

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The Algerian War (1954-1962) was arguably the most traumatic war of decolonisation fought by Western colonial powers. As the 50th anniversary of Algerian independence approaches, this “War Without a Name” remains a problematic subject in France, in which the commemoration of the war, the teaching of colonial history and issues associated with North African immigration and French identity, are hotly contested subjects. An especially neglected aspect of the Algerian war has been the one million French of Algeria, now known as pieds-noirs, who fled to France near the end of the conflict. As a symbol of a failed colonial system, …

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.

Advancing Feminist Positioning In The Field Of Transitional Justice, Fionnuala Ní Aoláin

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No abstract provided.

Educating Lawyers For Community, Anthony V. Alfieri

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This Essay is part of an ongoing classroom study and clinical service project addressing the mindful education of law students and the civic training of lawyers. Its purpose is to build a pedagogy of community and public citizenship within an outcome-based, rotation curricular model of legal education sketched out by commonly allied scholars in prior work here in the Wisconsin Law Review and elsewhere. The Essay seeks to advance this earlier curricular work by integrating ethics, education and psychology, and law and religion into a cohesive pedagogical approach to civic professionalism and community engagement. From the springboard of integration next …

Hal W. Trovillion's Role In Preserving The History Of "Bloody Williamson", Melissa A. Hubbard

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This article examines the efforts of Hal W. Trovillion, newspaper editor and private printer, to document the controversial history of his southern Illinois coal mining town in the early twentieth century. As a historical case study, it explores some of the challenges inherent in preserving original documents and cultural knowledge without institutional support, and with active interference from community members who worked to suppress information. Trovillion used his printing presses and contacts in the historical community to ensure that the turbulent events occurring in his town in the 1920s would be preserved in the archival record.

Republican Virtue And Expert Discourse: A Response To Professor Rana Commentary: National Security: Response, Luke Herrine, Joseph Maguilies

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In this Article, the authors note their agreement with Professor Rana's historical analysis of a major change in national security discourse and elaborate on their disagreement with his account of the theoretical underpinnings of this transition. They locate their difference on the line between liberal and republican theory, arguing that the historical shift is from democratic republicanism to aristocratic republicanism and not, as Rana suggests, between Lockean liberalism and Hobbesean authoritarianism. After establishing this theoretical framework, the authors draw out some of the implications of their account. They emphasize the role of practical reasoning, explore the differences in how aristocratic …

A Functional Approach To Targeting And Detention, Monica Hakimi

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The international law governing when states may target to kill or preventively detain nonstate actors is in disarray. This Article puts much of the blame on the method that international law uses to answer that question. The method establishes different standards in four regulatory domains: (1) law enforcement, (2) emergency, (3) armed conflict for civilians, and (4) armed conflict for combatants. Because the legal standards vary, so too may substantive outcomes; decisionmakers must select the correct domain before determining whether targeting or detention is lawful. This Article argues that the "domain method" is practically unworkable and theoretically dubious. Practically, the …

China’S ‘Attitude’ Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

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China observers in the United States generally share two observations on China today: that China has made impressive progress in economic development in the past three decades, and that China has maintained a poor human rights record since the 1989 Tiananmen Massacre. On the economic front, China overtook Japan and became the second largest economy in 2010. In a joint study with China's Development Research Center of the State Council, the World Bank recently predicted that even if the Chinese economy grows a third as slowly in the future, it will outstrip the United States in terms of overall GDP …

Legal Ethics And Federal Taxes, 1945-1965: Patriotism, Duties, And Advice, Michael Hatfield

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This article is devoted to exploring the legal ethics writings by tax lawyers in a pivotal period of income tax history: 1945-1965, the first two decades of the federal income tax as we now know it. Although the income tax began in 1913, it was World War II that created the modem mass income tax: in 1939 there were 3.9 million individual income tax taxpayers but by 1945 there were 42.6 million. This period was also one of significant progress in the administration of the income tax: the Internal Revenue Code was re-organized in 1954 and, following widespread corruption scandals, …

Serious Flaw Of Employee Invention Ownership Under The Bayh-Dole Act In Stanford V. Roche: Finding The Missing Piece Of The Puzzle In The German Employee Invention Act, Toshiko Takenaka

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This article argues that the current Bayh-Dole Act is incomplete because the Act fails to provide a mechanism for contractors to secure the ownership of federally funded inventions from their employees. Part I of this Article discusses this flaw in the current Bayh-Dole Act, highlighted by Stanford v. Roche, and argues that a historical accident resulted in this flaw due to Congress's failure to pass a series of bills based on the German EIA. Passages in the Bayh-Dole Act suggest that the Act assumes a transfer by operation of law to secure the ownership of federally funded inventions through …

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

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Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …

Irish Corned Beef: A Culinary History, Máirtín Mac Con Iomaire, Pádraic Óg Gallagher

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This article proposes that a better knowledge of culinary history enriches all culinary stakeholders. The article will discuss the origins and history of corned beef in Irish cuisine and culture. It outlines how cattle have been central to the ancient Irish way of life for centuries, but were cherished more for their milk than their meat. In the early modern period, with the decline in the power of the Gaelic lords, cattle became and economic commodity that was exported to England. The Cattle Acts of 1663 and 1667 affected the export trade of live cattle and led to a growing …

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.

Letting The Puppets Speak: Employee Voice In The Legislative History Of The Wagner Act, Laura J. Cooper

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Professor Kenneth G. Dau-Schmidt, in his keynote address in this Symposium, Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform, 1 joins a chorus of other scholars when he identifies a lack of employee voice in the workplace as a fundamental deficiency of contemporary American labor relations and recommends initiatives to remedy the problem. 2 Today's scholarly critiques and proposals directed at the problem of employee voice echo a flurry of commentaries that appeared in the late 1980s and early 1990s. These earlier critics bemoaned the absence of employee workplace voice, viewed Section 8(a)(2) of the National …

Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn

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Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin

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The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …

The Role Of The United States Supreme Court In Interpreting And Developing Humanitarian Law, David Weissbrodt, Nathaniel H. Nesbitt

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In the absence of a single authoritative mechanism to interpret humanitarian law, a number of treaty bodies, national courts, regional human rights courts/commissions, international tribunals, and thematic mechanisms have been called upon to address humanitarian law issues. Prime among these institutions is the United States Supreme Court. Though only in a small number of cases, the Court has relied on humanitarian law principles and treaties from the early days of the Republic to the “war on terrorism.” In what ways does the Court invoke this body of law and how competent is its analysis? Is the Court institutionally equipped to …

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.