1,721,019 research outputs found
A Better Path For Constitutional Tort Law
Full text linkGreabe, John M.. (2008). A Better Path For Constitutional Tort Law. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/170480
Difficult Questions for the Senate Minority
Full text linkThis column is the first in a biweekly Constitutional Connections series that will examine the constitutional implications of various topics in the news. The author, John Greabe, teaches constitutional law and related subject at the University of New Hampshire School of Law. He also serves on the board of trustees of the New Hampshire Institute for Civics Education
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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 New Frontier in Campaign Finance Regulation
Full text linkIn recent years, the United States Supreme Court has taken what many regard as a doctrinaire approach to campaign finance regulation. It has seized on the indisputable proposition that limits on campaign expenditures and contributions implicate important First Amendment values and, pressing the proposition to logical extremes, invalidated a number of federal and state laws that had imposed such limits.
This newspaper editorial discusses recently proposed legislation in the state of New Hampshire that would collect fees on expenditures made by individual political candidates, PACs, and Super PACS. The collected fees would be used to help the state justice department more rigorously enforce campaign finance and public disclosure laws. They would also be used to develop and implement innovative civics education programming within the state.
After a practical review of how this legislation might impact the current political environment in New Hampshire, and a brief discussion of the legislative judicial underpinnings that inform its proposal, the author concludes with an interesting point of philosophical consideration
Remedies Symposium, Remedial Discretion in Constitutional Adjudication: A Codicil
Full text linkThis symposium paper elaborates on two questions raised by the author’s prior work, Remedial Discretion in Constitutional Adjudication. That paper disagreed with calls for a revival of non-retroactive judicial rulings to facilitate more constitutional innovation and argued that the Supreme Court’s practice of developing doctrines that withhold remedies for constitutional violations—e.g., qualified immunity, exceptions to the exclusionary rule, and harmless-error rules— is both sufficient to facilitate constitutional innovation and preferable to reviving non-retroactivity. Of necessity, the paper also developed a theory of when courts may withhold remedies for constitutional violations and when they may not: courts may withhold remedies responsive to claims for the sub-constitutional remedies that function as substitutes for constitutional interests irretrievably lost as a result of wholly-concluded rights violations, but must provide relief when faced with justiciable, properly raised, and meritorious claims for specific relief from ongoing violations.
This follow-on paper addresses whether there is a correct way to define constitutional violations as “ongoing” or “wholly-concluded,” and whether the argument that remedies for ongoing violations are mandatory can be reconciled with cases where the Supreme Court did not provide the plaintiffs with immediate relief from systematic constitutional violations. It argues that while there is no ontological line between ongoing and wholly-concluded violations, it is reasonable to understand the doctrines mentioned above as rules that withhold substitutionary remedies for wholly-concluded constitutional wrongs, and that reasonable premises are all that is required for a descriptive theory to be persuasive. It further argues that there is a constitutionally significant difference between declaring unconstitutional a government policy or custom that is causing a claimant ongoing harm and the provision of relief designed to ameliorate the present and future effects of an invasion of rights. Only the former is constitutionally required; courts retain remedial discretion to engage in public-interest balancing with respect to the latter
Mirabile Dictum! The Case for \u27Unnecessary\u27 Constitutional Rulings in Civil Rights Damages Actions
Full text linkThis article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff\u27s federal rights. The article also contends that such unnecessary threshold rulings are not dicta
Variations on the Author
Full text link“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
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe 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
Full text linkWe 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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