Social and Behavioral Sciences Commons^™

Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti

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A recent piece in the Journal of Legal Education analyzing student surveys by the Law School Admission Council reports that, despite improvement in the past decade, LGBT students still experience a law school climate in which they encounter substantial discrimination both inside and outside the classroom. Included among the list of "best practices" to improve the law school climate for LGBT students was a recommendation to incorporate discussions of LGBT issues in non-LGBT courses, such as tax. In a timely coincidence, the Section on Sexual Orientation and Gender Identity Issues held a day-long program at the 2009 AALS annual meeting …

Keeping (Or Losing) The Faith: Reflections On Spiritual Struggles And Their Resolution By College Seniors., Jodi Fisler, Holly Alexander Agati, Shannon Chance, Amie E. Donahue, Gregory A. Donahue, Eric J. Eickhoff, Sara E. Kolb Gastler, Joseph C. Lowder, John D. Foubert

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In this qualitative study, researchers examined how college seniors experienced and resolved spiritual struggles in college. Results indicated that academic activities provided opportunities to question, learn, and grow spiritually. Although a variety of external factors influenced students' explorations of their spirituality, participants looked inward to resolve their struggles in deeply personal ways. Spiritual struggle was often manifested as a reexamination of students' pre-college values, an ongoing process for many students. Researchers identified four ways of describing students' state of resolution: (1) recommitting to an existing faith, (2) slightly readjusting their spiritual or religious values, (3) blending spiritual traditions, or (4) …

Attitudes To Rankings: Comparing German, Australian And Japanese Experiences, Ellen Hazelkorn

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Drawing on an international survey of HE leaders during 2006, and interviews with HE leaders and stakeholders in Germany, Australia and Japan during 2008, it describes and compares the reaction and response to rankings by HEIs in Germany, Australia and Japan, with particular attention to institutional strategy and planning, benchmarking and quality assurance, student admissions and faculty recruitment and morale. The chapter argues cross-national comparisons/global rankings are an inevitable feature of globalisation, the international battle for talent, and strategies for national competitiveness.

Missed Opportunities For Children?:An Exploration Of The Impact Of New Funding Mechanisms For Early Childhood Education And Care (Ecec) In Ireland, Bernie O'Donoghue Hynes, Noirin Hayes, Siobhan Bradley

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This presentation begins with a review of the overall funding structure for early childhood education and care in Ireland. It moves on to look in detail at the impact of the changes to the social inclusion funding measures. It concludes with a review of the reaction of various Irish stakeholders to these changes that have resulted in a 'missed opportunities for children'.

Technology-Aided Participative Methods In Environmental Assessment: An International Perspective, Ainhoa Gonzalez, Alan Gilmer, Ronan Foley, John Sweeney, John Fry

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Provisions for citizen involvement in the assessment of potential environmental effects of certain plans, programmes and projects are present in current legislation. An international survey revealed that public participation is common practice in European and some other countries worldwide. However, a number of issues are observed to affect public involvement in EIA/SEA processes and expert opinion differs when evaluating the effectiveness of existing participative methods. Results suggest that technology-aided methods can improve traditional participation processes. In particular, GIS has the potential to increase community knowledge and enhance involvement by communicating information more effectively. Variable accessibility to technology and data quality …

Writing To Learn Law And Writing In Law: An Intellectual Property Illustration, Michael J. Madison

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This essay, prepared as part of a Symposium on teaching intellectual property law, describes a method of combining substantive law teaching with a species of what is commonly called "skills" training. The method involves assessing students not via traditional final exams but instead via research memos patterned after assignments that junior lawyers might encounter in actual legal practice. The essay grounds the method in the theoretical disposition known generally as "writing to learn." It argues that students are likely to learn intellectual property law effectively if they learn to practice as intellectual property lawyers, and specifically to write as intellectual …

The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake

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The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …

The Transition From Preschool To School For Children In Ireland: Teachers Views, Mary O'Kane

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There is a wealth of international research on the transition from preschool to school from a range of perspectives. Following on from such research, the issue of transition is emerging as an important new construct in early childhood care and education (ECCE), with a transition-to-school framework replacing the construct of school readiness as a focus of research interest. There has been limited research into transition practices in Ireland and this study is the first comprehensive research looking at this area from an Irish perspective1. Phase I of this study involved conducting a questionnaire on the transition from preschool to formal …

Perceiving Subtle Sexism: Mapping The Social-Psychological Forces And Legal Narratives That Obscure Gender Bias, Deborah L. Brake

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This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chosen institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

Computer Models For Legal Prediction, Kevin D. Ashley, Stephanie Bruninghaus

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Computerized algorithms for predicting the outcomes of legal problems can extract and present information from particular databases of cases to guide the legal analysis of new problems. They can have practical value despite the limitations that make reliance on predictions risky for other real-world purposes such as estimating settlement values. An algorithm's ability to generate reasonable legal arguments also is important. In this article, computerized prediction algorithms are compared not only in terms of accuracy, but also in terms of their ability to explain predictions and to integrate predictions and arguments. Our approach, the Issue-Based Prediction algorithm, is a program …

Drama In The Docklands, Mary Moynihan

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An article by Mary Moynihan in IN2 Magazine, issue number seven, Winter 2005, on Drama in the Docklands, a project run by Smashing Times Theatre Company that promotes access to creativity in the docklands area of Dublin, bringing drama into two primary schools - St Joseph's Primary School, East Wall and City Quay Primary School, City Quay. The article documents the project and the year-end show by children at Samuel Beckett Centre, Trinity College, Dublin.

Institutional Mission Vs. Policy Constraint?: Unlocking Potential, Ellen Hazelkorn

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The research-intensive and competitive knowledge society is putting HEIs (higher education institutions) under the spotlight. While many HEIs around the world do not proclaim or wish to be research-intensive institutions the majority desire to intensify their research activity because it is seen as a sine qua non of higher education. Accordingly, HEIs are busy making critical strategic choices concerning human resources, the research environment, the teaching-research nexus, organisational and management structure, and funding. Governments are also making choices, using policies and financial instruments to help shape institutional mission, priorities and HE systems. But if governments genuinely desire to widen access …

The Role Of Foreign Languages In Educating Lawyers For Transnational Challenges, Vivian Grosswald Curran

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In a world in which every other country seems intent on teaching English to their youth, and in which the United States educational system does not place a high priority on teaching foreign languages, the American law student, dean and professor may doubt if foreign language knowledge is anything more than marginally helpful to law graduates. Similarly, educators at the primary school level may not be likely to assess foreign language education as warranting a greater allocation of scarce public resources.

The usefulness of foreign languages to the United States lawyer gradually has been gaining increased recognition in the profession, …

Toward A Rule Of Law Society In Iraq: Introducing Clinical Legal Education Into Iraqi Law Schools, Haider Ala Hamoudi

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This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was …

Cooking Online: Investigating The Effectiveness Of Providing Online Support Material To Students On A Professional Cookery Apprenticeship Course, Nuala Harding

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Having worked as a lecturer for five years, I was given the opportunity to undertake the postgraduate diploma in third-level learning and teaching at the Technological University Dublin. The elective I chose as part of this course was online learning. The requirement to compile a reflective journal during the module has provided the catalyst for me to write this paper. This Paper describes work in progress for proposed research within the Department of Hospitality, Tourism and Leisure Studies in Athlone Institute of Technology (AIT). The purpose of this research is to investigate the feasibility of providing and the effectiveness of …

Capturing The Dialectic Between Principles And Cases, Kevin D. Ashley

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Theorists in ethics and law posit a dialectical relationship between principles and cases; abstract principles both inform and are informed by the decisions of specific cases. Until recently, however, it has not been possible to investigate or confirm this relationship empirically. This work involves a systematic study of a set of ethics cases written by a professional association's board of ethical review. Like judges, the board explains its decisions in opinions. It applies normative standards, namely principles from a code of ethics, and cites past cases. We hypothesized that the board's explanations of its decisions elaborated upon the meaning and …

Mature Students - An Examination Of Dit’S Policy And Practice, Dáire Mag Cuill

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This paper examines the current position of mature students in the Technological University Dublin, the largest third-level institute in Ireland. It also deals with the treatment of mature applicants, and the position of mature students in the Republic of Ireland in general. The focus of the paper is on equity issues, and in all discussions of equity the underpinning principle is equality of opportunity. Where places on a third-level course are limited, for example, all applicants must be treated equally and the places allocated in a ‘fair’ manner. This does not mean that one cannot discriminate in the true sense …

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

Designing Electronic Casebooks That Talk Back: The Cato Program, Kevin D. Ashley

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Electronic casebooks offer important benefits of flexibility in control of presentation, connectivity, and interactivity. These additional degrees of freedom, however, also threaten to overwhelm students. If casebook authors and instructors are to achieve their pedagogical goals, they will need new methods for guiding students. This paper presents three such methods developed in an intelligent tutoring environment for engaging students in legal role-playing, making abstract concepts explicit and manipulable, and supporting pedagogical dialogues. This environment is built around a program known as CATO, which employs artificial intelligence techniques to teach first-year law students how to make basic legal arguments with cases. …

The Cruelest Of The Gender Police: Student-To-Student Sexual Harassment And Anti-Gay Peer Harassment Under Title Ix, Deborah L. Brake

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Title IX, like other sex discrimination laws, addresses discrimination that occurs because of an individual’s sex. Courts interpreting Title IX, like those interpreting Title VII of the Civil Rights Act of 1964, have struggled to demarcate a line separating discrimination because of sex from discrimination because of sexual orientation. This article constructs an argument for viewing anti-gay discrimination, and in particular anti-gay harassment between students, as a form of sex discrimination under Title IX. The article first explores why school inaction in the face of sexual harassment discriminates on the basis of sex. Although sex discrimination law generally has long …

"Bridging The Ravine"; Or, The Joint Library Automation Project Of Henderson State And Ouachita Baptist University, Marilyn Martin, S. Ray Granade, Robert Yehl

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Automating a library is challenging, frustrating and rewarding. It requires detailed, often tedious planning, and enormous amounts of patience. Software glitches, hardware failures, and miscommunication between automation vendors and library staff are common complaints found in the library literature. These problems loom large when any library automates. When two libraries undertake such a project together, problems proliferate. The automation project of Ouachita Baptist University (OBU) and Henderson State University (HSU) Libraries illustrates problems inherent in any automation, some unique to joint endeavors, and others representative of cooperation between a public and a private institution. Above all, it illustrates how a …

Unrestricted Access To Knowledge: A Bibliographic Instruction Program For Small Sectarian Liberal Arts Colleges, S. Ray Granade

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This study examines the theoretical and philosophical constructs for implementing a program of bibliographic instruction at small sectarian liberal arts colleges, using Ouachita Baptist University in Arkadelphia, Arkansas as a case study. It examines the historical and philosophical reasons for the lack of such instruction, then proposes a program based on four principles: the efficacy of course-related, written-product instruction; the significance of locale in program design; the potential of variety as a key element; and the value of repetition. The program is competency-based with three major components (pre-test, test, and post-test), each of which have a variety of sub-components. It …