Deer forests, game shooting and landed estates in the South West of Ireland, 1840 - 1970

This thesis is concentrated on the historical aspects of the elitist field sports of deer stalking and game shooting, as practiced by four Irish landed ascendancy families in the south west of Ireland. Four great estates were selected for study. Two of these were, by Irish standards, very large: the Kenmare estate of over 136,000 acres in the ownership of the Roman Catholic Earls of Kenmare, and the Herbert estate of over 44,000 acres in the ownership of the Protestant Herbert family. The other two were, in relative terms, small: the Grehan estate of c.7,500 acres in the ownership of the Roman Catholic Grehan family, and the Godfrey estate of c.5,000 acres, in the ownership of the Protestant Barons Godfrey. This mixture of contrasting estate size, owner's religions, nobleman, minor aristocrat and untitled gentry should, it is argued, yield a diversity of the field sports and lifestyles of their owners, and go some way to assess the contributions, good or bad, they have bequeathed to modern Ireland. Equally, it should help in assessing what importance, if any, applied to hunting. In this context, hunting is here used in its broadest meaning, and includes deer stalking and game shooting, as well as hunting with dogs and hounds on foot and horseback. Where a specific type of hunting is involved, it is so described; for example, fox hunting, stag hunting, hare hunting. Similarly, the term game is sometimes used in sporting literature to encompass all species of quarry killed, and can include deer, ground game (hares and rabbits), waterfowl, and various species of game birds. Where it refers to specific species, these are so described; for example grouse, pheasants, woodcork, wild duck, etc. Since two of these estates - the Kenmare and Herbert - each created a deer forest, unique in mid-19th century Ireland, they form the core study estates; the two smaller estates serve as comparative studies. And, equally unique, as these two larger estates held the only remnant population of native Irish red deer, the survival of that herd itself forms a concomitant core area of analysis. The numerary descriptions applied to these animals in popular literature are critically reassessed against prime source historical evidence, as are the so-called deer forest 'clearances'. The core period, 1840 to 1970, is selected as the seminal period, spanning 130 years, from the creation of the deer forests to when a fundamental change in policy and administration was introduced by the state. Comparison is made with similar estates elsewhere, in Britain and especially in Scotland. Their influence on the Irish methods and style of hunting is historically examined.

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

The analytical approach of the European Court of Human Rights in surveillance cases—the implications, justifications, and future of the Court’s reasoning, with a focus on the legislative impact in Ireland

A notable feature of the surveillance case law of the European Court of Human Rights has been the tendency of the Court to focus on the “in accordance with the law” aspect of the Article 8 ECHR inquiry. This focus has been the subject of some criticism, but the impact of this approach on the manner in which domestic surveillance legislation has been formulated in the Party States has received little scholarly attention. This thesis addresses that gap in the literature through its consideration of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act, 2009. While both Acts provide several of the safeguards endorsed by the European Court of Human Rights, this thesis finds that they suffer from a number of crucial weaknesses that undermine the protection of privacy. This thesis demonstrates how the focus of the European Court of Human Rights on the “in accordance with the law” test has resulted in some positive legislative change. Notwithstanding this fact, it is maintained that the legality approach has gained prominence at the expense of a full consideration of the “necessary in a democratic society” inquiry. This has resulted in superficial legislative responses at the domestic level, including from the Irish government. Notably, through the examination of a number of more recent cases, this project discerns a significant alteration in the interpretive approach adopted by the European Court of Human Rights regarding the application of the necessity test. The implications of this development are considered and the outlook for Irish surveillance legislation is assessed.

Resource Curse or Destructive Creation: A Tale of Crony Capitalism in Transition

This paper explores the “resource curse” problem as a counter-example of creative performance and innovation by examining reliance on capital and physical resources, showing the gap between expectations and ex-post actual performance became clearer under conditions of economic turmoil. The analysis employs logistic regressions with dichotomous response and predictor variables, showing significant results.Several findings that have use for economic and business practice follow. First, in a transition period, a typical characteristic of successful firms was their reliance on either capital resources or physical asset endowments, whereas the innovation factor was not significant.Second, poor-performing enterprises exhibited evidence of over reliance on both capital and physical assets. Third, firms that relied on both types of resources tended to downplay creative performance. Fourth, reliance on capital/physical resources and adoption of “creative discipline/innovations” tend to be mutually exclusive. In fact, some evidence suggests that firms face more acute problem caused by the law of diminishing returns in troubled times. The Vietnamese corporate sector’s addiction to resources may contribute to economic deterioration, through a downward spiral of lower efficiency leading to consumption of more resources. The “innovation factor” has not been tapped as a source of economic growth. The absence of innovations and creativity has made the notion of “resource curse” become identical to “destructive creation” implemented by ex-ante resource-rich firms, and worsened the problem of resource misallocation in transition turmoil.

Report on Archaeological Investigations Conducted at the St. Mary's Site (18AP45), 107 Duke of Gloucester Street, Annapolis, Maryland, 1987-1990

In celebration of the 250th anniversary of the birth of Charles Carroll of Carrollton, Archaeology in Annapolis was invited to excavate the Carroll House and garden on 107 Duke of Gloucester Street in Annapolis, Maryland. The site, named the St. Mary's Site (18AP45) for the Catholic church on the property, is currently owned by the Redemptorists, a Roman Catholic congregation of priests and brothers who have occupied the site since 1852. Prior to the Redemptorists' tenure, the site was owned by the Carroll family from 1701-1852 and is perhaps best known as the home of Charles Carroll of Carrollton (1737-1832), signer of the Declaration of Independence. Excavations at the site were conducted during four consecutive summer seasons from 1987-1990. The investigation focused on three research questions. The first line of inquiry were questions surrounding the dating, architectural configuration, and artifact deposits of the "frame house," a structure adjoining the west wall of the brick Carroll House via a "passage" and later a three story addition. The frame house was partially demolished in the mid-nineteenth century but the construction was thought to pre-date the brick portion of the house. The second research question was spurred by documentary research which indicated that the property might have been the location of Proctor's Tavern, a late 17th-century tavern which served as the meeting place of the Maryland Provincial Assembly. Archaeological testing hoped to determine its location and, if found, investigate Annapolis' early Euro-American occupation. The third research question focused on the landscape of the site as it was shaped by its occupants over the past three hundred years. The research questions included investigating the stratigraphy, geometry, and architectural and planting features of Charles Carroll of Carrollton's terraced garden built during the 1770s, and investigating the changes to the landscape made by the Redemptorists in the nineteenth and twentieth centuries. While no structural evidence associated with Proctor’s Tavern was uncovered during limited excavations along Spa Creek, the historic shore of Spa Creek was identified, buried beneath deep fill deposits laid down during construction of the Carroll Garden. Features and deposits associated with this period likely remain intact in a waterlogged environment along the southeastern sea wall at the St. Mary’s Site. Evidence of extensive earth moving by Carroll is present in the garden and was identified during excavation and coring. This strongly suggests that the garden landscape visible at the St. Mary’s Site is the intact Carroll Garden, which survives beneath contemporary and late nineteenth century strata. The extant surviving garden should be considered highly sensitive to ground-disturbing activities, and is also highly significant considering demonstrable associations with the Carroll family. Other garden-related features were also discovered, including planting holes, and a brick pavilion or parapet located along Spa Creek to the south of the site. The Duke of Gloucester Street wall was shown to be associated with the Carroll occupation of the site. Finally, intensive archaeological research was directed at the vicinity of a frame house constructed and occupied by the Carrolls to the east of the existing brick house, which was replaced by the Redemptorists in the nineteenth century with a greenhouse. These superimposed buildings were documented in detail and remain highly significant features at the St. Mary’s Site.

Return of deposits

Explores case law illustrating the circumstances in which the courts are likely to order the return of a deposit in the event of a buyer's default. Notes the unwillingness of the courts to apply the rule on penalties to deposits and discusses the court's discretion under the Law of Property Act 1925 s.49(2) to order repayment. Focuses on the Chancery Division ruling in Aribisala v St James Homes (Grosvenor Dock) Ltd giving guidance on the circumstances in which the discretion under s.49(2) should be exercised.

Singular stresses at the tip of a crack terminating at frictional interface of fibre reinforced composites

The stress singularities at the tip of a crack that terminates at a frictional interface between two layers in anisotropic composites are investigated. The order of stress singularities is determined by solving the characteristic equations obtained from the boundary conditions and the frictional interface conditions for the cases concerned. The interface is assumed to be governed by Coulomb's law of friction. Numerical results are presented for the cases with a crack terminating at a frictional interface of a fibre reinforced composite, and it is shown that there is a big difference of stress singularities between cases with and without considering friction along the interface.

Perceptions of stressful life events in Northern Irish school children: a longitudinal study.

Adults’ perceptions of stressful life events have been acknowledged as important moderators of the stress adjustment relationship. Until recently, however, there has been a lack of research on children's perceptions of negative life events. This study assesses children's own perceptions of the stressfulness of negative familial, academic and social events as well as events related to the political conflict in Northern Ireland. Method: Developmental changes in children's perceptions of events are traced over time. One hundred and sixty 8-year-old children completed a self-report measure of the perceived stressfulness of a range of negative life events. The sample was drawn from schools in the Greater Belfast area to include children of both genders, primary religious affiliations in Northern Ireland (i.e., Protestant and Roman Catholic) and of varying socio-economic status. Three years later, 113 of these children, then aged 11, were traced through the school system and completed the same measure. Results: Children's perceptions of stressful events are related to a host of social factors. Girls viewed many negative events as more stressful than their male counterparts. Roman Catholic and Protestant children differed in their perceptions of conflict-related events. Perceptions of various types of negative experiences were differentially related to socio-economic status and age. Conclusion: Personal, social and situational factors differentially determine children's perceptions of negative life experiences.

La otra Ley de Foucault. Una lectura crítica

Few studies have addressed the relationship between law and power in the works of Michel Foucault. Some authors emphasize that law performs a completely secondary role in the diagram of power of modernity, while others argue that there is a close link between power relations and the law. Foucault's Law by Golden and Fitzpatrick aims to renew these discussions and reconstruct another law of Foucault. In this paper I make a critical reading of this work, highlighting the faulty presentation that the authors carried out of the works of Foucault.

CCD photometry of distant comets. III - Ensemble properties of Jupiter-family comets

We describe the results of a ground-based observational "snapshot" study of Jupiter-family comets in the heliocentric range 2.29 AU less than or equal to R-h less than or equal to 5.72 AU. Results are presented based on observations from the 1m JKT on the island of La Palma. A total of 25 comets were targeted with 15 being positively detected. Broad-band VRI photometry was performed to determine dimensions, colour indices, and dust production rates in terms of the "A frho" formalism. The results for selected comets are compared with previous investigations. Ensemble properties of the Jupiter- family population have been investigated by combining the results presented here with those of Lowry et al. (1999), and Lowry & Fitzsimmons (2001). We find that the cumulative size distribution of the Jupiter-family comets can be described by a power law of the form; Sigma(> r) proportional to r(-1.6+/- 0.1). This size distribution is considerably shallower than that found for the observed Edgeworth-Kuiper belt objects, which may reflect either an intrinsic difference at small km- sizes in the belt, or the various processes affecting the nuclei of comets as their orbits evolve from the Edgeworth- Kuiper belt to the inner Solar system. Also, there would appear to be no correlation between nuclear absolute magnitude and perihelion distance. Finally, for the sample of active comets, there is a distinct correlation between absolute R band magnitude and perihelion distance, which can be explained by either a discovery bias towards brighter comets or in terms of "rubble" mantle formation.

The Growth of US Credit Unions

The growth of US credit unions during the 1990s is investigated empirically, using univariate and multivariate cross sectional and panel estimation techniques. Univariate tests of the law of proportionate effect suggest that in general large credit unions grew faster than their smaller counterparts. On average credit unions with above-average growth in one period tended to experience below-average growth in the next. Smaller credit unions tended to have more variable growth than large ones. While credit unions share a common co-operative philosophy, they differ in terms of age profile, scope for membership growth, charter type and financial structure and performance. In estimations of a multivariate growth model, most of these characteristics are found to have a significant influence on the size-growth relationship. While large state chartered credit unions grew faster than their smaller counterparts, the reverse was true for federally chartered credit unions. In general, if larger credit unions grew faster than smaller ones, they tended to do so for specific reasons: because their charters were less restrictive, because they were more efficient, or because they had a financial structure that was more conducive to growth. Therefore credit union growth was not `random', but highly systematic.

Single-ionization of helium at Ti:sapphire wavelengths: rates and scaling laws

We present a numerical and theoretical study of intense-field single-electron ionization of helium at 390 nm and 780 nm. Accurate ionization rates (over an intensity range of (0.175-34) X10^14 W/ cm^2 at 390 nm, and (0.275 - 14.4) X 10^14 W /cm^2 at 780 nm) are obtained from full-dimensionality integrations of the time-dependent helium-laser Schroedinger equation. We show that the power law of lowest order perturbation theory, modified with a ponderomotive-shifted ionization potential, is capable of modelling the ionization rates over an intensity range that extends up to two orders of magnitude higher than that applicable to perturbation theory alone. Writing the modified perturbation theory in terms of scaled wavelength and intensity variables, we obtain to first approximation a single ionization law for both the 390 nm and 780 nm cases. To model the data in the high intensity limit as well as in the low, a new function is introduced for the rate. This function has, in part, a resemblance to that derived from tunnelling theory but, importantly, retains the correct frequency-dependence and scaling behaviour derived from the perturbative-like models at lower intensities. Comparison with the predictions of classical ADK tunnelling theory confirms that ADK performs poorly in the frequency and intensity domain treated here.

A new teaching category at the Spanish University of Franco’s regime: the appearance on the scene of the senior lecturer

The Law of 17 July 1965 on the structure of university faculties and their teaching staff placed the figure of the university senior lecturer on stage. During the sixties, the gestation process, adoption and subsequent integration of the new figure in the academic pyramid did not escape controversy, leading to a complex phenomenon to which, however, non comprehensive studies have been devoted to reveal: how, when, why and under which conditions this teacher appeared in the Spanish University of Franco’s regime. This paper aims to provide an overview of the process of materialization of the senior lecturer, the legislative framework that definitely established this new educational category and the provisions that were in charge of regulating the processes to get tenure. Also, the first approved aggregate endowments and their distribution among universities, colleges and studies will be discussed. Finally, it was a first approach to the possible motivations that led to the creation of this new educational category in a university afflicted by serious problems waiting for a solution that had been delayed sine die. Asimismo, se analizarán las primeras dotaciones de agregados aprobadas y la distribución de las mismas por universidades, facultades y estudios. Para terminar, se realiza un primer acercamiento a las posibles motivaciones que condujeron a la creación de esta nueva figura docente en una universidad aquejada de graves problemas que esperaban a una solución que venía demorándose sine die.

Plasma diagnostics of active-region evolution and implications for coronal heating

A detailed study is presented of the decaying solar-active region NOAA 10103 observed with the Coronal Diagnostic Spectrometer (CDS), the Michelson Doppler Imager (MDI) and the Extreme-ultraviolet Imaging Telescope (EIT) onboard the Solar and Heliospheric Observatory (SOHO). Electron-density maps formed using Si x (356.03 angstrom/347.41 angstrom) show that the density varies from similar to 10(10) cm(-3) in the active-region core to similar to 7 x 108 cm-3 at the region boundaries. Over the 5 d of observations, the average electron density fell by similar to 30 per cent. Temperature maps formed using Fe XVI (335.41 angstrom)/Fe XIV (334.18 angstrom) show electron temperatures of similar to 2.34 x 10(6) K in the active-region core and similar to 2.10 x 10(6) K at the region boundaries. Similarly to the electron density, there was a small decrease in the average electron temperature over the 5-d period. The radiative, conductive and mass-flow losses were calculated and used to determine the resultant heating rate (P-H). Radiative losses were found to dominate the active-region cooling process. As the region decayed, the heating rate decreased by almost a factor of 5 between the first and last day of observations. The heating rate was then compared to the total unsigned magnetic flux (Phi(tot) = integral dA vertical bar B-z vertical bar), yielding a power law of the form P-H similar to Phi(0.81 +/- 0.32)(tot) This result suggests that waves rather than nanoflares may be the dominant heating mechanism in this active region.