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Using Cognitive Mapping Techniques To Measure Longitudinally The Brand Equity Of Irish Political Parties, Ewan Macdonald, Roger Sherlock, John Hogan Dr

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This paper applies cognitive mapping techniques to understand how political brand equity is formed, differs, and changes, across the four largest Irish political parties, between 2013 and 2016. It assesses the fundamental aspects of branding and brand equity in the marketing and political marketing literatures and offers an insight into the Irish political environment. Primary data was generated through the participation of 232 citizens in the brand elicitation stages in 2013 and 2016 and a further 76 and 105 citizens respectively were involved in the construction of the cognitive maps of brand equity. In all, across both time points, 614 …

Regime Shifts And Panarchies In Regional Scale Social-Ecological Water Systems, Barbara Cosens

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In this article we summarize histories of nonlinear, complex interactions among societal, legal, and ecosystem dynamics in six North American water basins, as they respond to changing climate. These case studies were chosen to explore the conditions for emergence of adaptive governance in heavily regulated and developed social-ecological systems nested within a hierarchical governmental system. We summarize resilience assessments conducted in each system to provide a synthesis and reference by the other articles in this special feature. We also present a general framework used to evaluate the interactions between society and ecosystem regimes and the governance regimes chosen to mediate …

The Role Of Law In Adaptive Governance, Barbara Cosens

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The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence …

Young People's Response To The Response: The Impact Of Political Diversity And Media Framing On Discussions Of Combatant Tribunals, Jeremy Stoddard, Jason Chen

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This article presents results of a study of the impact of political dynamics on group deliberations of issues presented in the short film The Response. We selected four groups of 18-22 year-old participants based on political views, engagement, and efficacy (liberal, conservative, and two mixed groups), and asked them to view and discuss issues presented in The Response related to the combatant status review tribunals held at Guantanamo Bay. We found the groups with mixed political views had higher quality discussions of the issues and a better understanding of the issues post-discussion – in particular the tension between national …

Occupy Judaism: Religion, Digital Media, And The Public Sphere, Ayala Fader, Owen Gottlieb

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This article provides an analysis of Occupy Judaism, an explicitly religious expression of Jewish protest, which occurred simultaneously with Occupy Wall Street, the direct-democracy movement of 2011. Occupy Judaism, like Occupy Wall Street, took place both in physical spaces of protest in New York City and digitally, through mobilizing and circulating debate. The article focuses on the words and actions of Daniel Sieradski, the public face and one of the key founders of Occupy Judaism, supplemented by the experiences of others in Occupy Judaism, Occupy Wall Street, and Occupy Faith (a Protestant clergy-led initiative). We investigate what qualified as religion …

What Stick Figures Tell Us About Irish Politics: Creating A Critical And Collaborative Learning Space, Sharon Feeney, John Hogan, Paul Donnelly

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This paper focuses upon the interpretation of freehand drawings produced by a small sample of 220 first-year students taking an Irish politics introductory module in response to the question, ‘What is Irish Politics?’ By sidestepping cognitive verbal processing routes, through employing freehand drawing, we aim to create a critical and collaborative learning environment, where students develop their capacity for interpretation and critical self-reflection. This is because the freehand drawing technique, as part of a critical pedagogy, can generate a more critical and inclusive perspective, as visual representations permit us to comprehend the world differently, and understand how others also see …

Developing An Elite Formation Index For Comparative Elite Studies: The Schooling Of Irish And Uk Cabinet Ministers, Brendan O'Rourke, John Hogan, Paul Donnelly

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Elites and their formation have become a matter of increasing public concern and research interest in recent years. The lessons from such research can be made more generalisable if a measure of elite formation could be developed that is comparable across different elite formation systems, whether they differ by elite, time or country. But, the nature of elite formation renders this a complex task. Nevertheless, in this article, by building upon measures employed in other fields such as industrial economics, indices are constructed that facilitate the comparison of elite formation systems. This is illustrated through a comparison of the schooling …

Empirical Doctrine, Jessie Allen

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We can observe and measure how legal decision makers use formal legal authorities, but there is no way to empirically test the determinative capacity of legal doctrine itself. Yet, discussions of empirical studies of judicial behavior sometimes conflate judges’ attention to legal rules with legal rules determining outcomes. Doctrinal determinacy is not the same thing as legal predictability. The extent to which legal outcomes are predictable in given contexts is surely testable empirically. But the idea that doctrine’s capacity to produce or limit those outcomes can be measured empirically is fundamentally misguided. The problem is that to measure doctrinal determinacy, …

Undertaking Action Research In Prison: Developing The Older Prisoner Health And Social Care Assessment And Plan, Kate O'Hara, Elizabeth Walsh, Katrina Forsyth, Jane Senior, Jenny Shaw

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Older prisoners are the fastest growing group in prisons. They have complex health and social care needs and the coordination of their care is suboptimal. An action learning group including health care staff, prison staff and older prisoners was established at one prison in England. The group developed the Older prisoner Health and Social Care Assessment and Plan (OHSCAP) which is a health and social care assessment and care planning process for the better identification and management of older prisoners’ needs. This paper describes and critically analyses the process of action learning in prison to develop and pilot the OHSCAP. …

Pathologies In International Policy Transfer: The Case Of The Oecd Tax Transparency Initiative, Richard Eccleston, Richard Woodward

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The importance of international organizations to the development and diffusion of international policy norms is widely recognized but is increasingly tempered by an appreciation of the pathologies of policy transfer. Using a case study of the OECD’s campaign to promote transparency in global tax affairs, this paper identifies a new and relatively distinctive form of dysfunctional policy transfer. Specifically it argues that international organizations face bureaucratic incentives to promote weak or lowest common denominator standards in order to maximize their prospects of brokering successful international agreements. However the paper also notes that while international organizations may have a short-term interest …

The New Ruins Of North Cyprus, Jim Roche

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This article is a critical commentary on the speculative physical development that occurred in North Cyprus in the period following the defeat of the Kofi Annan Plan (2004) for a political settlement for the islanders.

The rejection of the Annan V Plan by Greek Cypriot voters, and its acceptance by Turkish Cypriots, was interpreted and manipulated by certain political forces and vested interests in the TRNC as a carte blanche to ‘improve’ by development, property with Greek Cypriot title deeds. After the failed referendum the physical development of North Cyprus escalated at a gigantic rate. According to one ex-patriot: “In …

Rapid Change Without Transformation: The Dominance Of A National Policy Paradigm Over International Influences On Ecec Development In Ireland 1995-2012, Noirin Hayes, Bernie O'Donoghue Hynes, Toby Wolfe

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The rapidity of change in Irish early childhood policy over the last 20 years is clear to observers (OECD 2004). What may be debated is how significant the changes are. In this paper, we analyse changes in early childhood education and care policy in Ireland since 1995, using Hall’s (1993) typology of policy change to help understand how policies and institutions could change so much in appearance without changing their fundamental features or underlying philosophy. We demonstrate that, despite extensive change, a traditional policy paradigm has held constant, where the State’s role in direct service delivery remains limited, the State …

Link Levy To Services- Not Urban Middle Class Assets, Tom Dunne

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Paying any tax is an unwelcome burden, but in Ireland many have a particular aversion to taxes on their homes. We are not alone in this. Elsewhere, taxes on homes are also unpopular; witness the People's Initiative to Limit Property Taxation which forced the California state government to cut property taxes. Nevertheless, residential property taxes remain an almost universal feature of developed countries because of compelling economic arguments for them. Also, local property taxes are regarded as the best means of funding local government.

Rarely, it seems to me, is there such a distance between what the public wants and …

Wrestling With Gender: Constructing Masculinity By Refusing To Wrestle Women, Deborah Brake

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In February of 2011, an Iowa high school boy captured national attention when he refused to wrestle a girl at the state championship meet. The media shaped the story into a tale that honored the boy for sacrificing personal gain out of a moral imperative to “never hurt a girl.” Unpacking this incident reveals several “fault lines” in U.S. culture that often derail gender equality projects: (1) religion/morality is interposed as an oppositional and equally weighty social value that neutralizes an equality claim; (2) the agency of persons supporting traditional gender norms is assumed, while the agency of persons contesting …

Cooperation In Legal Education And Legal Reform, Ronald A. Brand

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This contribution to the symposium Special Report on Kosovo After the ICJ Opinion focuses on legal education and its role in the legal reform necessary to any state that is transitioning to a new system of government. It does so by considering first the importance of legal education as a U.S. export to transition countries. This necessarily requires a reciprocal consideration of the importance to U.S. law schools of considering the external, international effect of implementing changes in the traditional structure of U.S. legal education, and about how teaching methods both distinguish differing legal systems and require cross-system consideration of …

Special Report: Kosovo After The Icj Opinion, Introduction, Ronald A. Brand

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On October 22-25, 2012, judges, government officials, and scholars from Kosovo and the United States gathered at the University of Pittsburgh for a conference on “Kosovo after the ICJ Opinion.” The conference was organized by the Center for International Legal Education (CILE) at the University of Pittsburgh School of Law, and the University of Prishtina Faculty of Law. It was co-sponsored by the Ministry of Justice, Kosovo; the Ministry of Foreign Affairs, Kosovo; the Forum for Civic Initiatives, Kosovo; the American Society of International Law (ASIL); and the Center for Russian and Eastern European Studies at the University of Pittsburgh …

Rhyme Or Reason:That Is The Question?, Jim Roche

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Noting that “the aesthetic should not be limited merely to the way things look” the organisers of this conference sought “in part to address the discursive limitation in architecture and related subjects by broadening the aesthetic discourse beyond questions relating to purely visual phenomena in order to include those derived from all facets of human experience”.

So where does etchics come in? Well, the introductory brochure noted that most philosophical trained aestheticians will say that “the aesthetic is everything” hinting perhaps of the necessity for a more haptic experience of architecture. It also drew on Wittgenstein’s quote that “ethics and …

Understanding Policy Change Using A Critical Junctures Theory In Comparative Context: The Cases Of Ireland And Sweden, Paul Donnelly, John Hogan

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Utilizing a new theory for examining critical junctures, we seek to better understand the nature of industrial policy change in Ireland during the 1950s and macroeconomic policy change in Sweden in the 1980s. Did these policy changes constitute critical junctures, or something less, and if so why? The theory consists of three elements – economic crisis, ideational change, and the nature of the policy change – that must be identified for us to be able to declare with some certainty if a policy change constitutes a critical juncture. Herein, we will be examining the roles of a variety of change …

Who Benefits From Early Childcare Subsidy Design In Ireland?, Bernie O'Donoghue Hynes, Noirin Hayes

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Best Newcomer Article

The design of policy tools reveals underlying biases that are not easily identified in policy documents. A review of two early childhood education and care subsidies in Ireland aimed at different target populations exposes differential treatment of children, parents and service providers. It also demonstrates how in a split system ‘early education’ is prioritised over ‘childcare’. The designs serve to reinforce stereotypes that enable the powerful and advantaged to accrue benefits while those perceived to be less deserving are burdened through the maldistribution of resources.

Fifty More Years? Reform And Modernisation Of The Oecd, Richard Woodward

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The Organisation for Economic Cooperation and Development is a vital, if frequently unnoticed, cog in the machine of global governance. On the organisation's 50th anniversary, Richard Woodward assesses whether the OECD's reform programme can secure its future in a changing world.

From Boom To Doom To Boom: Offshore Financial Centres And Development In Small States, Richard Woodward

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During the 1990s tax havens and offshore financial centres (OFCs) were subject to a string of initiatives designed to raise their tax and regulatory regimes to accepted international standards. Many commentators forecast that this would lead to the demise of OFCs, a worry for the many small states whose economic well being depended heavily on the provision of offshore financial services. Despite this regulatory onslaught many small state OFCs have prospered in the new millennium. This paper seeks to explain this apparent paradox by arguing that (1) international initiatives were riddled with loopholes and exceptions that have been gleefully seized …

An Evaluation Of The Community Childcare Subvention Scheme Using Policy Design Theory, Bernie O'Donoghue Hynes, Noirin Hayes

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This paper utilises Policy Design Theory to evaluate policy tool design and selection in Ireland in order to look beyond policy goals and rhetoric to the meanings and assumptions within policy design. A review of the Community Childcare Subvention Scheme (CCSS) reveals it to be an ‘incentive’ tool that is structured around a negative social construction of the target populations as ‘dependants’ with little capacity to solve their own problems. While immediate policy objectives are met through the design of the CCSS, if viewed in a wider context of overall national policy objectives a range of negative side-effects are evident …

Government Policies Must Keep Business On Tight Rein, Paul Donnelly, John Hogan, Brendan O'Rourke

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The unethical behaviour that helped create the economic and banking crisis has caught the attention of some parties.

Notes In Defense Of The Iraq Constitution, Haider Ala Hamoudi

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This paper is a defense of sorts of the Iraqi constitution, arguing that the language used in it was wisely designed to allow some level of flexibility, such that highly divided political forces could find incremental solutions to the deep rooted sources of division that have plagued Iraqi society since its inception. That Iraq has found itself in such dreadful political circumstances since constitutional ratification is therefore not a function of the open ended constitutional bargain, but rather of the failure of Iraqi legal and political elites to make use of the space that the constitution provided them to develop …

The Rome I Regulation Rules On Party Autonomy For Choice Of Law: A U.S. Perspective, Ronald A. Brand

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This chapter was presented at a conference in Dublin on the (then) new Rome I Regulation of the European Union in the fall of 2009. It contrasts the Rome I rules on party autonomy with those in the United States. In particular, it considers the rules in the Rome I Regulation that ostensibly protect consumers by discouraging party agreement on a pre-dispute basis to the law governing a consumer contract. These rules are compared with the absence of private international law restrictions on choice of forum and choice of law in the United States, even in consumer contracts. The result …

A Comparative Examination Of The Nature Of Change In Macroeconomic Policies, John Hogan

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This article examines the impact of economic crises on macroeconomic policies in Ireland in the late 1950s and Sweden in the early 1980s, framed within the context of the policy change literature. Each of these countries‟ responses to the crises affecting them, tempered as they were by historical and political factors, provides valuable insights into their political economies. These findings enable us to compare and contrast the nature of each crisis and the policy responses adopted. The value of such comparison is in the perspective it offers, contributing to the goal of building a body of increasingly complete explanatory theory …

Economic Crises And Policy Change In The Early 1980s: A Four Country Comparison, John Hogan

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This article examines the impact of economic crises on macroeconomic

policies in the United States (US), Mexico, Ireland, and Sweden at the

start of the 1980s, framed within the context of the policy change

literature. These countries are selected for examination as they

encompass presidential, parliamentary, republican, constitutional

monarchical, federal and unitary systems of governance. Two are

European states and two are from the Americas: two are large economies

while two are small.

Each country’s response to the crisis affecting it, tempered by historical

and political factors, provides an insight into that political economy.

These findings enable us compare and …

Payback: The 1920/1921 Agib Sltu Strike In The Dublin Building Industry, John Hogan

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In late 1920 a strike began in the building industry in Dublin that was to last until June of the following year. It effectively shut down building sites all across the city. The primary protagonists involved in the dispute were the Ancient Guild of Incorporated Brick and Stonelayers Trade Union (AGIBSLTU) and the building employers association, the Dublin Building Trades Employers’ Association (DBTEA). Both of these bodies had fought a bitterly contested lockout 15 years before, which had almost destroyed the union. In 1920, by dint of wider economic circumstances, and a belligerent determination, the union was to have the …

Taser Use: Report Of The Use Of Force Working Group Of Allegheny County, David A. Harris

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The Use of Force Working Group was convened in October of 2008 to study police use of electronic control devices, better known as Tasers. Allegheny County (Pa.) District Attorney Stephen A. Zappala, Jr. appointed the Working Group in the wake of an incident in which a person died following a Taser exposure at the hands of local police officers.

This Report concludes that Tasers can be worthwhile and safe weapons in the police arsenal, but only if they are used consistent with proper policy, training, supervision and accountability. Anything less makes the use of these weapons a risky choice from …

Digital Multi-Media And The Limits Of Privacy Law, Jacqueline D. Lipton

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While digital video and multi-media technologies are becoming increasingly prevalent, existing privacy laws tend to focus on text-based personal records. Individuals have little recourse when concerned about infringements of their privacy interests in audio, video, and multi-media files. Often people are simply unaware that video or audio records have been made. Even if they are aware of the existence of the records, they may be unaware of potential legal remedies, or unable to afford legal recourse. This paper concentrates on the ability of individuals to obtain legal redress for unauthorized use of audio, video and multi-media content that infringes their …