1,720,962 research outputs found
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
A Suspicionless Search and Seizure Quagmire: The Supreme Court Revives the Pretext Doctrine and Creates Another Fine Fourth Amendment Mess
Get PDFThis Article contends the Supreme Court\u27s use of a primary purpose test to regulate suspicionless searches and seizures by the government is misguided and will provide little or no protection against the evils that apparently led the Court to strike down recent schemes by government officials. The evil of the government schemes is less the purpose of the schemes than their expansion into areas and activities in which citizens should be protected from government intrusion in the absence of any suspicion of wrongdoing. Rather than facing this head on and carefully assessing whether the government schemes infringe on such areas or activities, the Court has taken the indirect route of applying the primary purpose test, a test that is difficult to apply and will enjoy no more success than it did when proposed as a limit on pretextual activity by the government in other settings. The Court-and citizens and law enforcement officials-would be better served by focusing on the privacy interest infringed upon by the government activity and whether the government scheme includes appropriate safeguards against arbitrary actions by government officials rather than the primary purpose of the scheme
Creighton Law Review
No full textINTRODUCTION|It has been said that one thing that unifies liberal and conservative commentators on the jurisprudence of the United States Supreme Court is "virtual unanimity, transcending normal ideological dispute, that the Court simply has made a mess of search and seizure law." The Court's decisions in the area of suspicionless searches and seizures amply support that proposition. To believe the pronouncements of the United States Supreme Court, "lawful suspicionless searches and seizures" should be almost an oxymoron. Time and again the Court has declared as a basic tenet of Fourth Amendment jurisprudence that "a search or seizure is ordinarily unreasonable in the absence of individualized suspicion of wrongdoing" and on at least two occasions has stuck down a suspicionless search scheme because it did not "fit within the closely guarded category of constitutionally permissible suspicionless...2006-2007419404
Solving the Pretext Puzzle: The Importance of Ulterior Motives and Fabrications in the Supreme Court\u27s Fourth Amendment Pretext Doctrine
Get PDFThis Article first analyzes the debate between Professors John M. Burkoff and James B. Haddad over the current state of Supreme Court jurisprudence on the pretext issue. It shows that the Supreme Court\u27s definition of pretext is broader than the definition of pretext used by these commentators. The Supreme Court\u27s definition includes both legal and fabricated pretexts. In a legal pretext, the government offers a justification that is not the true reason for the police activity, but that, if the motivation of the officer is not considered, legally justifies the activity. In a fabricated pretext, the government offers a justification that is not the true reason for the police activity and, in fact, is legally insufficient because it is not supported by the facts. This Article argues that although fabricated pretexts should be struck down on a case-by-case basis, a pretext doctrine that strikes down legal pretexts on a case-by-case basis based on the motivation of the officer is misguided.
This Article demonstrates that the true evil of the pretext case is the virtually unlimited authority of police officers to arrest and search based on minor offenses. Thus, an approach that declares legal pretexts constitutional but re-examines the underlying authority of police officers to arrest and search based on a minor offense, offers the better solution to the pretext problem.\u27\u2
Part-Time Legal Education: It‘s Not Your Parents’ Old Oldsmobile
Get PDFWhen I am asked to name my accomplishments as dean,\u27 the one that often piques the listener\u27s interest is starting a weekend law program. Their reaction usually is along the lines of, A weekend law program? That\u27s different. But depending on to whom I am talking, that uniform response needs to be interpreted based on the tone of voice, facial expression, and other body language of the listener If I happen to be talking to a faculty member from another school, the translation is, I hope my dean doesn\u27t get a crazy idea like that and make me work on weekends. The translation if I am talking with a dean from a similarly situated law school is, Does it generate significant revenue 9 And how on earth did you get the faculty to agree to work on weekends and the ABA to approve the program. If the dean I am talking with is from an elite law school, the translation is more along the lines of, And you pretend to be a real law school?
Practicing attorneys react along the same lines as deans. Lawyers at large, traditional law firms (who likely graduated from an elite law school) think much like their dean. If I happen to be talking to a lawyer who graduated from an evening program, they immediately start analyzing whether weekends would have been a better alternative than the evening program they attended.
These varied reactions illustrate the range of issues raised by the prospect of starting a weekend law program. The weekend program at Hamline is one of the main initiatives identified with my time as dean. As we prepare to welcome our third class of weekend law students this fall, I feel comfortable that more credit than blame has come my way as the result of proposing and implementing the weekend program.2 While it would be an exaggeration to call the program an unqualified success, it certainly has been a success. In this brief essay, I will explore why a law school might want to start a weekend law program and some of the philosophic, strategic and practical issues a school will face in doing so
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Bright Line Seizures: The Need for Clarity in Determining When Fourth Amendment Activity Begins
Get PDFThis Article proposes that the Mendenhall-Royer standard, as presently interpreted, should be discarded because it is unworkable and fails to strike the appropriate balance between the liberty interests of citizens and the interest of the state in combatting crime. The test is unworkable because the outcomes of cases turn on subtle factual distinctions unrelated to an individual\u27s actual freedom to end an encounter with a police officer, making it difficult for police officers to apply the standard in the field and adjust their conduct accordingly. Moreover, the standard provides insufficient protection for an individual\u27s rights by failing to consider the purpose of the encounter.
Next, the Article will examine the cases in which the Supreme Court has used the Mendenhall-Royer test. These cases serve as further illustrations both of the difficulty in applying the test and of the lack of guidance the Supreme Court has provided. The Article then will explore the results of this lack of guidance by examining the confusion lower courts are experiencing in deciding cases using the Mendenhall-Royer standard.
Finally, the Article will examine possible alternatives to the Mendenhall-Royer test. It will show that some of these alternatives have been rejected without careful consideration, by overstating the perceived drawbacks to such tests and placing unfounded confidence in the courts\u27 ability to modify\u27 the Mendenhall-Royer test to yield appropriate results. The Article concludes that a per se rule based on the purpose for which a police officer initiates the encounter, although rejected by courts and commentators, is necessary. Such a test provides the appropriate balance between the liberty interest of citizens and the crime fighting interest of the state and is justified by experience with the Mendenhall-Royer test
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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