Digital Commons Network^™

Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo

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Paul Baran’s seminal 1964 article “On Distributed Communications Networks” that first proposed packet switching also advanced an underappreciated vision of network architecture: a lattice-like, distributed network, in which each node of the Internet would be homogeneous and equal in status to all other nodes. Scholars who have subsequently embraced the concept of a lattice-like network approach have largely overlooked the extent to which it is both inconsistent with network theory (associated with the work of Duncan Watts and Albert-László Barabási), which emphasizes the importance of short cuts and hubs in enabling networks to scale, and the actual way, the Internet …

Abnormal Speech Motor Control In Individuals With 16p11.2 Deletions, Carly Demopoulos, Hardik Kothare, Danielle Mizuiri, Jennifer Henderson-Sabes, Brieana Fregeau, Jennifer Tjernagel, John F. Houde, Elliott H. Sherr, Srikantan S. Nagarajan

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Speech and motor deficits are highly prevalent (>70%) in individuals with the 600 kb BP4-BP5 16p11.2 deletion; however, the mechanisms that drive these deficits are unclear, limiting our ability to target interventions and advance treatment. This study examined fundamental aspects of speech motor control in participants with the 16p11.2 deletion. To assess capacity for control of voice, we examined how accurately and quickly subjects changed the pitch of their voice within a trial to correct for a transient perturbation of the pitch of their auditory feedback. When compared to controls, 16p11.2 deletion carriers show an over-exaggerated pitch compensation response …

Whatever Did Happen To The Antitrust Movement?, Herbert J. Hovenkamp

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Antitrust in the United States today is caught between its pursuit of technical rules designed to define and implement defensible economic goals, and increasing calls for a new antitrust “movement.” The goals of this movement have been variously defined as combating industrial concentration, limiting the economic or political power of large firms, correcting the maldistribution of wealth, control of high profits, increasing wages, or protection of small business. High output and low consumer prices are typically unmentioned.

In the 1960s the great policy historian Richard Hofstadter lamented the passing of the antitrust “movement” as one of the “faded passions of …

Prophylactic Merger Policy, Herbert J. Hovenkamp

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An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there …

Class Actions, Statutes Of Limitations And Repose, And Federal Common Law, Stephen B. Burbank, Tobias Barrington Wolff

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After more than three decades during which it gave the issue scant attention, the Supreme Court has again made the American Pipe doctrine an active part of its docket. American Pipe addresses the tolling of statutes of limitations in federal class action litigation. When plaintiffs file a putative class action in federal court and class certification is denied, absent members of the putative class may wish to pursue their claims in some kind of further proceeding. If the statute of limitations would otherwise have expired while the class certification issue was being resolved, these claimants may need the benefit of …

Haack On Legal Proof, Richard Wright

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In this paper I discuss Susan Haack’s illuminating discussion and constructive critique of the current confusion regarding the standards of proof employed in the law, focusing especially on mathematical probability rather than warranted belief interpretations of those standards. At the end, I question Haack’s claim that statistical evidence is relevant not only for establishing the existence of a causal process but also, although usually insufficient by itself, for proving actual causation in a specific case.

Factors Influencing Recruitment And Appearance Of Bull Kelp, Nereocystis Luetkeana (Phylum Ochrophyta), Katie Dobkowski, K. Darby Flanagan, Jessica R. Nordstrom

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The dynamics of annual species are strongly tied to their capacity for recruitment each year. We examined how competition and propagule availability influence recruitment and appearance and tracked survivorship of an annual species of marine macroalgae, the bull kelp (Nereocystis luetkeana), which serves as major biogenic habitat in the Salish Sea of Washington State. We hypothesized that 1) juvenile N. luetkeana would exhibit a seasonal appearance as a cohort in the spring and 2) competition for space would be more limiting than propagules (spores) to recruitment at sites adjacent to established N. luetkeana beds. We tagged N. luetkeana …

Debating Immigration Restriction: The Case For Low And Slow, Amy L. Wax

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This article critiques our current politics of immigration, which is dominated by moralized and sentimental rhetoric. It argues for a more honest and balanced discussion of the merits of the status quo. A more mature debate would take into account many factors that now receive insufficient attention from politicians, academics, and the mainstream media, including the interests of voters and citizens as well as newcomers, legitimate nationalistic concerns both economic and cultural, the need for unity, stability, and cohesion through assimilation to a common culture, the primacy of American sovereignty through the maintenance of secure borders, and the integrity of …

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

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The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …

Effects Of Inter-Stimulus Interval On Speech-Evoked Frequency-Following Response In Elderly Adults, Dongxin Liu, Jiong Hu, Ruijuan Dong, Jing Chen, Gabriella Musacchia, Shuo Wang

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Background: The speech-evoked frequency following response (FFR) has shown to be useful in assessing complex auditory processing abilities and in different age groups. While many aspects of FFR have been studied extensively, the effect of timing, as measured by inter-stimulus-interval (ISI), especially in the older adult population, has yet to be thoroughly investigated. Objective: The purpose of this study was to examine the effects of different ISIs on speech evoked FFR in older and younger adults who speak a tonal language, and to investigate whether the older adults’ FFR were more susceptible to the change in ISI. Materials and Methods: …

Wolfe Creek Crater: A Continuous Sediment Fill In The Australian Arid Zone Records Changes In Monsoon Strength Through The Late Quaternary, Gifford H. Miller, John W. Magee, Marilyn L. Fogel, Matthew J. Wooller, Paul P. Hesse, Nigel A. Spooner, Beverly J. Johnson, Lynley Wallis

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A bolide that impacted NW Australia during the Late Quaternary left a circular depression more than 100 m deep and nearly a kilometer in diameter, with a crater rim ∼30 m above the regional terrain. The resultant crater is a window into the regional water table. The surface of the contemporary central pan is 25 m below the adjacent terrain, coincident with the late Holocene regional water table modified by local evaporative processes. Shielded from aeolian deflation by the crater rim, the central depression has slowly filled with dust, sand, and chemical precipitates, estimated to be 20–100 m thick based …

Effect Of Monetary Incentives On Mail Survey Response Rates For Midwestern Farmers, Zoe E. Glas, Jackie M. Getson, Yuling Gao, Ajay S. Singh, Francis R. Eanes, Laura A. Esman, Brian R. Bulla, Linda S. Prokopy

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Response rates to mail-based surveys have declined in recent decades, and survey response rates for farmers tend to be low overall. Maintaining high response rates is necessary to prevent non-response bias. Historically, incentives have been an effective tool to increase response rates with general populations. However, the effect of incentives on farmers has not been well tested. In this study, we experimentally manipulated the use of a $2 incentive in two surveys targeted at farmers. We tested both the use of the incentive and the timing of incentive distribution in the survey process. We found the incentive significantly increased response …

The Draft Restatement (Third) Of Conflict Of Laws: A Response To Brilmayer & Listwa, Kermit Roosevelt Iii, Bethan R. Jones

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This Essay responds to Lea Brilmayer and Dan Listwa’s criticisms of the Draft Restatement (Third) of Conflict of Laws. We appreciate their engagement. As a general matter, we disagree about the nature and purpose of restatements. More specifically, we disagree about the history and aims of the Restatements of Conflict of Laws. Brilmayer and Listwa’s main criticism—that the drafters of the Restatement (Third) are not authoritatively interpreting any single state’s law and therefore can be only persuasive authority as to the content of a state’s law—could apply to all restatements. But since this Draft Restatement, like other …

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

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It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …

Brief Of National Law Professors Of Criminal, Procedural, And Constitutional Law, In Re Humphrey, California Supreme Court, Regarding The Imposition Of Money Bail And Conditions Of Pretrial Release, Sandra G. Mayson, Kellen R. Funk

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When the government proposes to incarcerate a person before trial, it must provide thorough justification, whether the mechanism of detention is a transparent detention order or its functional equivalent, the imposition of unaffordable money bail. A court contemplating money bail must determine whether it is likely to result in detention. If so, and the court nonetheless wishes to impose it, the court must find, by clear and convincing evidence established through an adversary hearing, that the unaffordable bail amount serves a compelling interest of the state that no less restrictive condition of release can meet. This will rarely be the …

Originalism And Congressional Power To Enforce The Fourteenth Amendment, Christopher Schmidt

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In this Essay, I argue that originalism conflicts with the Supreme Court’s current jurisprudence defining the scope of Congress’ power to enforce the Fourteenth Amendment. Under the standard established in Boerne v. Flores, the Court limits congressional power under Section 5 of the Fourteenth Amendment to statutory remedies premised on judicially defined interpretations of Fourteenth Amendment rights. A commitment to originalism as a method of judicial constitutional interpretation challenges the premise of judicial interpretive supremacy in Section 5 jurisprudence in two ways. First, as a matter of history, an originalist reading of Section 5 provides support for broad judicial deference …

Are Universities Schools? The Case For Continuity In The Regulation Of Student Speech, Chad Flanders

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Are universities schools? The question seems almost silly to ask: o f course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of ₀₄ free speech on campus" have raised the improbable specter that universities are less educational institutions than they are public forums like parks and sidewalks, where a free-wheeling exchange o f ideas and opinions takes place, unrestricted by any sense of academic mission or school disciplinc.¹ Some of this rhetoric is of course exaggerated, and …

Criminal Doctrines Of Faith, David Jaros

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Decisions like Miranda v. Arizona helped popularize a conception of the courts as a protector of criminal defendants and a bulwark against overly aggressive law enforcement. But from arrest through trial, the Court has fashioned criminal constitutional procedure with a deep and abiding faith in the motivations of criminal justice system actors. Even decisions that vindicate individual constitutional rights at the expense of police and prosecutorial power are shaped by the Court’s fundamental trust in those same actors. They establish, in essence, “Criminal Doctrines of Faith.”

Criminal Doctrines of Faith pervade each stage of the criminal process — from cases …

The Securities Law Implications Of Financial Illiteracy, Lisa Fairfax

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Every financial literacy study conducted over the last few decades concurs: Americans, including American investors, are financially illiterate. This Article argues that America’s financial illiteracy poses a significant, widespread, and long-term challenge for our federal securities regime because that regime is premised almost entirely on disclosure as the best form of investor protection and, by extension, on investors’ ability to understand disclosure. By advancing a typology of investors and their disclosure needs, this Article further argues that we may have significantly underestimated the extent of the financial illiteracy problem based on at least two flawed assumptions. First, we have presumed …

Rights And Retrenchment In The Trump Era, Stephen B. Burbank, Sean Farhang

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Our aim in this essay is to leverage archival research, data and theoretical perspectives presented in our book, Rights and Retrenchment: The Counterrevolution against Federal Litigation, as a means to illuminate the prospects for retrenchment in the current political landscape. We follow the scheme of the book by separately considering the prospects for federal litigation retrenchment in three lawmaking sites: Congress, federal court rulemaking under the Rules Enabling Act, and the Supreme Court. Although pertinent data on current retrenchment initiatives are limited, our historical data and comparative institutional perspectives should afford a basis for informed prediction. Of course, little in …

Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Judicious Imprisonment, Gregory Jay Hall

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Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …

Close The Workhouse: A Plan To Close The Workhouse & Promote A New Vision For St. Louis, Close The Workhouse Campaign [In Collaboration With], Thomas Harvey, John Mcannar, Michael-John Voss, Action St. Louis, Bail Project

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The City of St. Louis condemns hundreds of mostly poor and Black people to suffer in unspeakably hellish and inhumane conditions at the "Workhouse," officially known as the Medium Security Institution. Over 95% of people at the Workhouse are awaiting trial and remain incarcerated due to their inability to afford unusually high and unconstitutional cash bonds. They face horrific conditions in the jail, including extreme heat and cold, abysmal medical care, rats and cockroach infestations, and mold. The City of St. Louis spends over $16 million every year operating this facility with little public benefit. The arrest-and-incarcerate approach to public …

Medical Malpractice Cuts Not The Answer, Ruqaiijah A. Yearby

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Tort reform--legislation that aims to reduce medical malpractice suits --will not cut medical costs and improve health care unless the government addresses the proliferation of unnecessary medical errors that victimize hundreds of thousands of patients every year.

Yearby's research considers how laws enacted to grant equal access to quality health care actually can pose barriers to the disenfranchised, and she is critical of health care reform efforts that do not address the far-reaching problem of medical errors. Finding ways to curb what she calls the "alarming rate of these medical errors," not only will reduce medical malpractice suits, but save …

The Changing Landscape Of 19th Century Courts, Nancy Marder

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Book Review of:Amalia D. Kessler. Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800–1877. New Haven: Yale University Press, 2017. 449 pp. Illustrations, appendix, notes, bibliography, and index. $35.00.

Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan

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H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

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In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in getting …

The Salience Theory Of Consumer Financial Regulation, Natasha Sarin

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Prior to the financial crisis, banks’ fee income was their fastest-growing source of revenue. This revenue was often generated through nefarious bank practices (e.g., ordering overdraft transactions for maximal fees). The crisis focused popular attention on the extent to which current regulatory tools failed consumers in these markets, and policymakers responded: A new Consumer Financial Protection Bureau was tasked with monitoring consumer finance products, and some of the earliest post-crisis financial reforms sought to lower consumer costs. This Article is the first to empirically evaluate the success of the consumer finance reform agenda by considering three recent price regulations: a …

F6-007-S-Functions And Derivatives In Sir Models, Meredith L. Greer

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No abstract provided.

Contemporary Practice Of The United States Relating To International Law (112:3 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the July 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.