Why Originalism Won’t Die - Common Mistakes in Competing Theories of Judicial Interpretation

In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This Article examines its resilient appeal (with a particular focus on Scalia’s Textualism). By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, Dworkin’s value theory, and Judicial Minimalism), the Article demonstrates that the heart of Originalism’s appeal rests in its promise of objectivity. The Article also establishes, however, that Originalism suffers from a misguided conception of what objectivity is. All camps in this debate, in fact, suffer from serious misunderstandings of the nature of objectivity

Quality Services, Better Outcomes: A Quality Framework for Achieving Outcomes.

The Childhood Development Initiative (CDI) is an innovative, community based response to a comprehensive consultation process undertaken in Tallaght West. Working with a wide range of locally established service providers, CDI is delivering services to children and families which meet identified needs. Etch of these is being rigorously evaluated, and considerable attention is being given to quality assurance, promotion of reflective practice, and professional training and support. The insights gained, and techniques developed during this process are central to delivering high quality services with the view to improving our understanding of what enables children to meet their potential, gain their developmental milestones within appropriate timeframes and become healthy and active citizens. This Workbook describes key processes relating to practice, organisational culture and systems change which support the implementation of evidence-based and evidence-informed programmes and practices. From CDI's experience, implementing evidence-based programmes not only requires specific structures and processes in place to support programme implementation and fidelity (e.g. training, coaching, and supervision) but also necessities a focus on the more generic aspects of delivering quality services (e.g. engaging in reflective practice in order to promote and maintain fidelity to a programme). The Workbook also addresses some fundamental areas in relation to monitoring and evaluation as a way of determining whether an intervention was effective or not. In effect, this Workbook hopes to explain the 'what', 'why', 'how' and 'did we?' of evidence-based practice. The Workbook is intended to provide readers with a comprehensive introduction to both the shared language and concepts underpinning the science and practice of implementation. It complements the 'What Works Process' guide published by the Centre for Effective Services (CES, 2011) which supports services in assessing how effective they are in improving outcomes for children and helps them to think about what works

What Good Is Religious Freedom? Locke, Rand, and the Non-Religious Case for Respecting It

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackso

What are we cheering? Sport and the value of valuing

Against the dismissal of sport as “only a game” not worth the deep investment that so many fans make in it, sport is often defended on the grounds that it cultivates important virtues of character that are useful in a range of real-life applications (discipline, resilience, pride, teamwork, and so on). Whatever merit these claims may have, this paper calls attention to something that has not been sufficiently previously appreciated, namely, what sport reveals about the nature of value. By considering the experience of the serious fan (rather than that of the player or casual spectator), the paper argues that sport illuminates important aspects of how to value, of the point of valuing, and of the propriety of valuing. It further argues that, even more fundamentally, the experience of the serious fan helps us to appreciate the ways in which valuing is itself a value

Something to Behold: The Distinct Spiritual Values of Art and Sport

Sports and the arts are alike, for their audiences, in their relative detachment from ordinary utilitarian concerns. Viewers’ lives remain essentially unchanged at the conclusion of the match or the drama. Yet the ubiquitous interest in sports and the arts, historically and globally, along with the intensity of passion that each can rouse, raise natural questions about the benefit of engagement with these artificial realms. This paper explores the respective values of sports and the arts for the viewer. After briefly registering some of the oft-remarked similarities in the appeal of each, the paper posits a more fundamental common dimension: the way in which both sports and the arts offer spiritual values by offering the material manifestation of important abstract ideas. It proceeds to outline the quite distinct ways in which sports and the arts do this. First, it identifies four respects in which artworks seem to offer a more philosophical “take” on life, effectively presenting a fundamental worldview. It then observes three important respects in which sports provide messages that the arts cannot. The paper’s overall aim is not to anoint either realm as definitively superior, but to better appreciate the exact rewards that each of them can offer to a flourishing human life