Digital Commons Network^™

The Plain Language Court, David A. Strauss

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No abstract provided.

Day By Day: Finding The Voices Of Deaf Leadership On Stage, Luane Davis Haggerty

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This is an informal case study of Deaf leadership as it evidences itself in a theatrical production setting. I call this approach to leadership Collective Individualism (2007). There is not a single leader; instead, there is often a group—a collective of sorts. The typical rehearsal structure for a theatrical production is a comfortable setting for this type of leadership to emerge, if the director is willing to be open to allowing it to happen. The 2016 production of Godspell produced at the National Technical Institute of The Deaf in their lab theatre, toured to the local LORT Theater here in …

The Role Of Guidances In Modern Administrative Procedure: The Case For De Novo Review, Richard A. Epstein

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No abstract provided.

Linguistic Relativism And The Decline Of The Rule Of Law, Richard A. Epstein

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No abstract provided.

The Scrivener's Error, Ryan D. Doerfler

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No abstract provided.

Carrot Or Stick? The Shift From Voluntary To Mandatory Disclosure Of Risk Factors, Karen K. Nelson, Adam C. Pritchard

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This study investigates risk factor disclosures, examining both the voluntary, incentive-based disclosure regime provided by the safe harbor provision of the Private Securities Litigation Reform Act as well as the SEC's subsequent mandate of these disclosures. Firms subject to greater litigation risk disclose more risk factors, update the language more from year to year, and use more readable language than firms with lower litigation risk. These differences in the quality of disclosure are pronounced in the voluntary disclosure regime, but converge following the SEC mandate as low-risk firms improved the quality of their risk factor disclosures. Consistent with these findings, …

Same-Sex Spouses Lost In Translation? How To Interpret “Spouse” In The E.U. Family Migration Directives, Scott Titshaw

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This Article analyzes the word “spouse” in the European Union’s Family Migration Directives in detail, focusing on the treatment of married bi-national same-sex couples. Through these directives, the European Union exercises significant authority over family-based immigration and internal migration, expressly providing immigration rights to the “spouses” of E.U. citizens and legal residents. However, family law, including the familial status of “spouses” is governed by individual E.U. member states. While a growing number of member states authorize same-sex marriage, the majority still do not. The E.U., therefore, must determine how to treat migrating couples who are legal spouses in one member …

Bitcoin And The Uniform Commercial Code, Jeanne L. Schroeder

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Much of the discussion of bitcoin in the popular press has concentrated on its status as a currency. Putting aside a vocal minority of radical libertarians and anarchists, however, many bitcoin enthusiasts are concentrating on how its underlying technology – the blockchain – can be put to use for wide variety of uses. For example, economists at the Fed and other central banks have suggested that they should encourage the evolution of bitcoin’s blockchain protocol which might allow financial transactions to clear much efficiently than under our current systems. As such, it also holds out the possibility of becoming that …

Mobilaudio – A Multimodal Content Delivery Platform For Geo-Services, James Carswell, Keith Gardiner, Charlie Cullen

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Delivering high-quality context-relevant information in a timely manner is a priority for location-based services (LBS) where applications require an immediate response based on spatial interaction. Previous work in this area typically focused on ever more accurately determining this interaction and informing the user in the customary graphical way using the visual modality. This paper describes the research area of multimodal LBS and focuses on audio as the key delivery mechanism. This new research extends familiar graphical information delivery by introducing a geoservices platform for delivering multimodal content and navigation services. It incorporates a novel auditory user interface (AUI) that enables …

Cyclicity Versus Movement: English Nominalization And Syntactic Approaches To Morpho-Phonological Regularity, Jeffrey Punske

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In this paper, I show that Embick’s (2010) cyclic head approach to regular morphology alone cannot account for the freely available variations in the realization of nominalizers in English nominalizations involving overt verbalizers. Instead, I offer an account of the regularity effects using the technology of Local Dislocation (Embick and Noyer 2001, Embick and Marantz 2008, Embick 2007a, 2007b). Using this analysis, I derive both the variable nominalization patterns and the restrictions on particles and results in derived nominals from Sichel (2010). By treating regularity as the by-product of extant morphosyntatic operations, we can better explain the distribution of regular …

Optimized Sliding Mode Control To Maximize Existence Region For Single-Phase Dynamic Voltage Restorers, Samet Biricik, Hasan Komurcugil

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This paper presents an optimized sliding mode control (SMC) strategy to maximize existence region for single-phase dynamic voltage restorers. It is shown analytically that there exists an optimum sliding coefficient which enlarges the existence region of the sliding mode to its maximum. Also, it is pointed out that the optimum sliding coefficient improves the dynamic response. In addition, a double-band hysteresis control which ensures the switching of a transistor in the voltage source inverter during a half-cycle while it remains either on or off in the other half cycle is used to mitigate the switching frequency. The theoretical considerations and …

Delayed Valuation: A Reanalysis Of Goal Features, “Upwards” Complementizer Agreement, And The Mechanics Of Case, Vicki Carstens

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There are at least four opposing views on the directionality and configuration of Agree relations. In mainstream Minimalism, Agree is strictly downward “probing” (Chomsky 2000, 2001, Boskovic 2007, Epstein & Seely 2006), but some recent works argue instead that Agree always looks upwards (Zeijlstra 2012; Wurmbrand 2012). A third perspective takes agreement to follow from the Spec, head configuration (Koopman 2006; and see Chomsky’s 2013 labeling through shared prominent features), and under a fourth proposal, the directionality of Agree varies parametrically (Baker 2008). While each of these approaches has some empirical support, none achieves the strict conceptual necessity that is …

Interpretive Modesty, Heidi Kitrosser

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“New originalism” presents a profound challenge to originalist determinacy – that is, to the notion that original constitutional meanings alone can resolve most constitutional controversies. While new originalists purport to seek out and adhere to original meanings of constitutional provisions, they acknowledge that some original meanings are too thin to fully resolve many constitutional questions. Such acknowledgment stands in sharp tension with traditional claims of originalist determinacy. While new originalism improves on “old originalism” in important ways, the former’s break from determinacy is not clean enough. New originalists are correct that it is neither epistemologically defensible nor normatively preferable to …

Forging Path For Women's Rights In Customary Law, Tamar Ezer

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No abstract provided.

Robust Fuzzy-Sliding Mode Based Upfc Controller For Transient Stability Analysis In Autonomous Wind-Diesel-Pv Hybrid System, Asit Mohanty, Sandipan Patra, Prakash K. Ray

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This study presents a comparative study of transient stability and reactive power compensation issues in an autonomous wind–diesel-photovoltaic based hybrid system (HS) using robust fuzzy-sliding mode based unified power flow controller (UPFC). A linearised small-signal model of the different elements of the HS is considered for the transient stability analysis in the HS under varying loading conditions. An IEEE type 1 excitation system is considered for the synchronous generator in the HS, with negligible saturation characteristic, for detailed voltage stability analysis. It is noted from the simulation results that the performance of UPFC is superior to static VAR compensator and …

Tesla, Dealer Franchise Laws, And The Politics Of Crony Capitalism, Daniel A. Crane

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Public choice theory has long proclaimed that business interests can capture regulatory processes to generate economic rents at the expense of consumers. Such political exploitation may go unnoticed and unchallenged for long time periods because, though the rents are captured by a relatively small number of individuals or firms, the costs are widely diffused over a large number of consumers. The triggering event to expose and mobilize opposition to the regulatory capture may not arise until a new technology seeks to challenge the incumbent technology, thus creating a motivated champion to expose and oppose the regulatory capture and advocate for …

Strategy/Enterprise Discourse Bounds In Business Talk., Brendan O'Rourke

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Corporate strategy emerged as large non-owner managed firms became economically important (Knights and Morgan, 1991). Strategy became the substitute for the earlier enterprise discourse, which depended on the dominance, in entrepreneurial capitalism, of owner-managed firms. The discourses of strategy and enterprise developed as separate academic areas and as logics of two very different economic domains. From the late 1970s however, large organizations (Kanter, 1983:27) and governments have been urged to be more entrepreneurial (Klein et al., 2010; Osborne and Gaebler, 1993). Meanwhile, small firms were encouraged to be more strategic (Carr, 2000). This article looks at evidence from small …

The Effects Of High Literacy Demands In Mathematics On International Students, Fiona Faulkner, Clare O'Hara, Mark Prendergast

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Project Maths is an ambitious reform of Irish post-primary education. It involves changes to what students learn in mathematics, how they learn it and how they will be assessed. There is a much greater emphasis placed on student understanding of mathematical concepts, with increased use of contexts and applications that will enable students to relate mathematics to their everyday experiences. The assessment reflects the different emphasis on problem solving and applications in the teaching and learning of mathematics and there is a much greater emphasis on reading and understanding the problems. Hence there is a greater emphasis on student’s English …

The Hole-In-The-Wall Gang View Of Life And America's Racial Future, Richard Delgado, Jean Stefancic

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No abstract provided.

Legal Limits And The Implementation Of The Affordable Care Act, Nicholas Bagley

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Accusations of illegality have dogged the Obama Administration's efforts to implement the Affordable Care Act (ACA), the most ambitious piece of social legislation since the advent of Medicare and Medicaid. Some of the accusations have merit; indeed, it would be surprising if they did not. Even as the ACA's rollout has exposed unanticipated difficulties in the statutory design, congressional antipathy to health reform has precluded looking to the legislature to iron out those difficulties. To secure his principal achievement, President Obama has repeatedly tested the limits of executive authority in implementing the ACA. Six years after its enactment and two …

Police Stories, Helen A. Anderson

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As lawyers and judges know, the facts, and the stories created with those facts, make the law: “[A] case well stated is more than half argued.” The police narrative is one of the most common narratives in legal writing, simply because there are so many criminal cases, as well as numerous civil cases, involving police. For the most part, these narratives tell the familiar story of the hardworking, careful police officer in a challenging situation with dangerous criminals.

These narratives do much of the work of an appellate argument, just as Chief Justice Robert’s story about Officer Devlin makes the …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

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Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

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Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …

Formalism And Functionalism In Antitrust Treatment Of Loyalty Rebates: A Comparative Perspective, Daniel A. Crane

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It is a widely held belief that U.S. antitrust law has long been characterized by economic functionalism and that European antitrust law has long been characterized by legal formalism.' The received wisdom began to change in Europe a decade ago when the Directorate General Competition of the European Commission (DG Comp) began to advocate a more "effects-based" analysis of abuse of dominance. Two factors arguably contributed to this change. First, the DG Comp became increasingly influenced by economists who had little use for the old formalism. Second, as Europe trie to spread antitrust to developing antitrust regimes across the world-and, …

Authority And Authors And Codes, Michael J. Madison

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Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden by the CFAA. Courts are divided in their interpretation of this language in the statute. This Article first proposes to address the issue with an insight from social science research. Neither criminal nor civil liability under the CFAA should attach unless the alleged violator has transgressed some border or boundary that is rendered visible …

The Concept Of Property, Meredith M. Render

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This Article confronts the conceptualistnonconceptualist divide in property theory Specifically the Article addresses the primary normative objection to the conceptualist account of property In the course of addressing this criticism the Article bridges an important gap in the literature and provides a new way of understanding the legal concept of property as distinguished from other types of legal arrangementsThe conceptualistnonconceptualist divide centers on whether the legal concept of "˜property' can be said to have criterial features "“ that is features that make "˜property' both unique and distinguishable from other legal concepts such as contract Conceptualists understand the concept of "˜property' …

The Scrivener's Dilemma In Divorce Mediation: Promulgating Progressive Professional Parameters, Robert K. Collins

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No abstract provided.

Lawyers At Work: A Study Of The Reading, Writing, And Communication Practices Of Legal Professionals, Ann N. Sinsheimer, David J. Herring

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This paper reports the results of a three-year ethnographic study of attorneys in the workplace. The authors applied ethnographic methods to identify how junior associates in law firm settings engaged in reading and writing tasks in their daily practice. The authors were able to identify the types of texts junior associates encountered in the workplace and to isolate the strategies these attorneys used to read and compose texts.

The findings suggest that lawyering is fundamentally about reading. The attorneys observed for this study read constantly, encountering a large variety of texts and engaging in many styles of reading, including close …

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Articles

All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. Although many scholars have applied the tools of economic analysis to consider whether IP law is successful in encouraging cumulative innovation, that work has rested on a set of untested assumptions about creators’ behavior. This Article reports four novel creativity experiments that begin to test those assumptions. In particular, …

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

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Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …