Digital Commons Network^™

The Law Of Rescue, Shalini Bhargava Ray

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Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for saving migrants' lives in the Arizona desert and elsewhere, however, scholarly treatment of the phenomenon of prohibited rescue is increasingly urgent. By analyzing disparate regimes of rescue, and focusing on migrant rescue specifically, this Article makes three contributions. First, it argues that the law of rescue generally privileges property …

Slicing Defamation, Yonathan A. Arbel

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No abstract provided.

Coordinating Community Reintegration Services For Deporatable Alien Defendants: A Moral And Financial Imperative, Amy F. Kimpel

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No abstract provided.

Zoom Wills, Alberto Lopez

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This brief essay suggests that suddenly popular online meeting platforms like Zoom can be used to execute wills while people are subject to shelterin-place orders following the outbreak of the COVID-19 pandemic. Although will execution ceremonies using Zoom do not strictly comply with statutory formalities, Zoom-based ceremonies satisfy the two primary curative doctrines-the substantial compliance doctrine and the UPC's harmless error rule-for admission to probate. Informed by statutes that recognize e-wills, the essay concludes that a Zoom-based execution ceremony produces a Zoom will without stretching statutory formalities beyond recognition during a period of extreme isolation.

Knowledge Management In The Pharmaceutical Industry: Between Academic Research And Industry Regulations, Ahmed Ramy, Mohamed Af Ragab, Amr Arisha

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The pharmaceutical sector is one of the pillars of the world’s economy. A significant proportion of its value lies in intellectual assets generated through continuous innovation and lengthy development cycles within a strictly regulated environment. The purpose of this paper is to address the gap between knowledge management (KM) as an expanding academic discipline in the pharmaceutical industry and at the same time a growing regulatory expectation. A systematic review of 137 refereed KM articles revealed six empirical research themes in the pharmaceutical industry. In a subsequent step, the discovered themes and subthemes were compared with the extant regulatory expectations …

Importance Of Data Distribution On Hive-Based Systems For Query Performance: An Experimental Study, Hilmi Egemen Ciritoglu, John Murphy, Christina Thorpe

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SQL-on-Hadoop systems have been gaining popularity in recent years. One popular example of SQL-on-Hadoop systems is Apache Hive; the pioneer of SQL-on-Hadoop systems. Hive is located on the top of big data stack as an application layer. Besides the application layer, the Hadoop Ecosystem is composed of 3 different main layers: storage, the resource manager and processing engine. The demand from industry has led to the development of new efficient components for each layer. As the ecosystem evolves over time, Hive employed different execution engines too. Understanding the strengths of components is very important in order to exploit the full …

Managing The Growth Of Peer Review At The Royal Society Journals, 1865-1965, Aileen Fyfe, Flaminio Squazzoni, Didier Torny, Pierpaolo Dondio

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This article examines the evolution of peer review and the modern editorial processes of scholarly journals by analyzing a novel data set derived from the Royal Society’s archives and covering 1865-1965, that is, the historical period in which refereeing (not yet known as peer review) became firmly established. Our analysis reveals how the Royal Society’s editorial processes coped with both an increasing reliance on refereeing and a growth in submissions, while maintaining collective responsibility and minimizing research waste. By engaging more of its fellows in editorial activity, the society was able to establish an equilibrium of number of submissions per …

Ambiqual: Towards A Quality Metric For Headphone Rendered Compressed Ambisonic Spatial Audio, Miroslaw Narbutt, Jan Skoglund, Andrew Allen, Michael Chinen, Dan Barry, Andrew Hines

Articles

Spatial audio is essential for creating a sense of immersion in virtual environments. Efficient encoding methods are required to deliver spatial audio over networks without compromising Quality of Service (QoS). Streaming service providers such as YouTube typically transcode content into various bit rates and need a perceptually relevant audio quality metric to monitor users’ perceived quality and spatial localization accuracy. The aim of the paper is two-fold. First, it is to investigate the effect of Opus codec compression on the quality of spatial audio as perceived by listeners using subjective listening tests. Secondly, it is to introduce AMBIQUAL, a full …

Atmospheric Biodetection Part I: Study Of Airborne Bacterial Concentrations From January 2018 To May 2020 At Saclay, France, Roland Sarda-Estève, Dominique Baisnée, Benjamin Guinot, Gediminas Maineli, John Sodeau, David O'Connor, Jean Pierre Besancenot, Michel Thibaudon, Sara Monteiro, Jean-Eudes Petit, Valérie Gros

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Background: The monitoring of bioaerosol concentrations in the air is a relevant endeavor due to potential health risks associated with exposure to such particles and in the understanding of their role in climate. In this context, the atmospheric concentrations of bacteria were measured from January 2018 to May 2020 at Saclay, France. The aim of the study was to understand the seasonality, the daily variability, and to identify the geographical origin of airborne bacteria. Methods: 880 samples were collected daily on polycarbonate filters, extracted with purified water, and analyzed using the cultivable method and flow cytometry. A source receptor model …

Irish Construction Cross Border Trade And Brexit: Practitioner Perceptions On The Periphery Of Europe, Tara Brooks, Lloyd Scott, John P. Spillane, Katy Hayward

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The United Kingdom (UK) Brexit vote of June 2016 has created unprecedented uncertainty in the construction industry in Ireland but little research to date has been undertaken on existing construction trading patterns and the potential effects of regulatory divergence and other nontariff barriers in Ireland in this context. In response, this study uses mixed methods to fill this gap in knowledge. The experience of nine construction industry interviewees is probed – five based in Northern Ireland (in the UK) and four from Ireland, which will remain in the EU after the UK leaves. The researchers’ analysis of the qualitative data …

Networks Of Empathy, Thomas E. Kadri

Articles

Digital abuse is on the rise. People increasingly use technology to perpetrate and exacerbate abusive conduct like stalking and harassment, manipulating digital tools to control and harm their victims. By some accounts, 95% of domestic-abuse cases involve technology, while a sizeable chunk of the U.S. population now admits to having suffered or perpetrated serious abuse online. To make matters worse, people often trivialize digital abuse or underestimate its prevalence. Even among those who do appreciate its severity, there remains ample disagreement about how to address it.

Although law can be a powerful tool to regulate digital abuse, legal responses are …

Religious Liberty In A Pandemic, Caroline Mala Corbin

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The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.

The Unconstitutionality Of Government Propaganda, Caroline Mala Corbin

Articles

Government propaganda-the government's deliberate dissemination of false claims on matters of public interest-has increasingly become a source of concern in the United States. Not only does the current presidential administration disseminate propaganda at a rate unprecedented in the modern era, so that Americans now live in an age of government-created "alternative facts," but the internet and social media have made it possible to find receptive audiences with alarming speed and accuracy. This surge of government propaganda poses troubling questions for the health of our democracy, which requires political accountability and the valid consent of the governed to thrive.

Although the …

The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron

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No abstract provided.

How The Internet Unmakes Law, Mary Anne Franks

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No abstract provided.

The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks

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No abstract provided.

Failure To Capture: Why Business Does Not Control The Rulemaking Process, Gabriel Scheffler

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Leading figures on both the political right and the political left have concluded that the agency rulemaking process is captured: that it serves to benefit businesses, at the expense of the general public. This perception appears to be supported by recent theoretical and empirical scholarship and has prompted lawmakers to introduce various proposals to reform the federal rulemaking process.

Yet as I will demonstrate in this Article, the view of the rulemaking process as captured is unwarranted. I will show that the academic literature actually provides little guidance as to the magnitude of business influence that is, the extent to …

Conduct Yourself Accordingly: Amending Bar Character & Fitness Questions To Promote Lawyer Well-Being, Janet Stearns, David Jaffe

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No abstract provided.

Childminders’ Close Relationship Model Of Praxis: An Ecocultural Study In Ireland, Miriam O'Regan, Ann Marie Halpenny, Nóirín Hayes

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The present study seeks to address the dearth of research focussed on childminding (family day care or family childcare) in Ireland, despite its significant role in national childcare provision. One overarching aim was to explore childminders’ cultural models of praxis and pedagogy in the Irish context. The research was conducted within the theoretical framework of Ecocultural Theory (ECT) (Weisner, 2002. “Ecocultural Understanding of Children’s Developmental Pathways.” Human Development 1759: 275–281), referencing concepts in Attachment Theory, in the context of historical and current policy in Ireland, Europe and the US over the last 30 years. A mixed method approach was adopted …

Framing “L’Âme Des Personnages”: Performance And Affect In Jacques Feyder’S Pension Mimosas (1935), Barry Nevin

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Although Jacques Feyder's authorial control over his productions and his direction of actors constituted two of the most widely appreciated aspects of his approach to filmmaking during his own lifetime, the impact of each on his mise en scene has received little critical attention. This article aims to remedy this oversight by linking both aspects in three stages: first, drawing on contemporary periodicals, recollections of Feyder's performers and his own writings, it illustrates Feyder's preoccupation with the creation of in-depth psychological portraits through his actors; second, focusing on Pension Mimosas (1935), it demonstrates that Feyder's technical style, although aligned closely …

Media Literacy Beyond The National Security Frame, Lili Levi

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No abstract provided.

Antitrust In Attention Markets: Objections And Responses, John M. Newman

Articles

The modern antitrust enterprise finds itself under attack. Critics complain that enforcement agencies have done nothing to stem an ever-rising tide of market concentration and corporate power. At the center of this critique lies Silicon Valley, home of a new generation of tech giants.

This symposium contribution contends that attention markets represent the largest sector of the modern economy to have gone unnoticed by antitrust regulators. If it is to fulfill its congressional mandate, the antitrust enterprise must begin paying attention to attention markets. A number of objections to this straightforward point have been raised, but each collapses under close …

Theater And Revolution In Clinical Legal Education, Jonel Newman, Fergus Lawrie, Donald Nicolson, Melissa Swain

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Why does a revolutionary theatre method developed in the 1960s and 1970s by Brazilian intellectual and activist Augusto Boal belong in clinical legal education? Use of the transformative Forum Theatre method can greatly enhance legal education. Boal, a colleague and disciple of Paulo Freire (Pedagogy of the Oppressed), developed Forum Theatre as a democratic, participatory, and collaborative production between the actors and the audience, to revolutionize traditional sit-and-watch theatre. Spectators in the audience become spect-actors, halt the oppressive element in a scenario, take the place of the actors, and eliminate oppression. The over-arching goal of Forum Theatre is to illuminate …

Confidentiality In The Courts: Privacy Protection Or Prior Restraint?, Sergio J. Campos

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In civil litigation courts often deal with information that is subject to a previously imposed restraint on the ability of a court or others to use the information. Such “evidentiary prior restraints” arise most prominently in settlement agreements, which may include nondisclosure provisions that prevent information concerning the settlement from being used by parties to the agreement. But evidentiary prior restraints can also arise from prior court action, as when parties seek information subject to a protective order or sealing order made by a different court. Although evidentiary prior restraints have received great attention given recent controversies concerning sexual harassment, …

Prihvatljivost Prevedenica Kao Zamjena Za Anglizme, Jakob Patekar

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At the beginning of the 21st century, a change in discourse could be noticed in Croatia – no longer were linguists talking about the Croatian language borrowing words from English, but about English words penetrating into Croatian. The age of the Internet and electronic media has made it possible for Croatian speakers to come into contact with English words more directly and much faster than before and hence to include English words in their communication faster. A number of linguists and other experts, such as proofreaders, raised the alarm that Croatian is under siege and thus started to defend it …

A U.S. Dst? The Potential Impact Of The Cloud Regulations, Reuven Avi-Yonah, Karen Sam

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In this article, the authors explain how the recently proposed U.S. cloud computing regulations would apply to U.S. and foreign providers, and consider the potential consequences if the rule for permanent establishments and U.S. trades or businesses changes in 2020.

A-Step 2030 – New Research Project Presents A Picture Of The Skills Needed For Engineers To Solve The Sustainable Development Goals (Sdgs)., Una Beagon

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Communication and Technical Skills will still be the most important attributes required of engineers in the future, according to a new study by the A-STEP 2030 Erasmus+ funded project. The project which is led by ENSTA Bretagne, France and has academic partners in TU Dublin, Metropolia University of Applied Sciences in Finland and Aalborg University in Denmark aims to develop innovative teaching approaches for engineering students which will attract a more diverse student body to the engineering profession.

Be Media Smart: A National Media Literacy Campaign For Ireland, Philip Russell

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‘Be Media Smart’ is an Irish public awareness campaign calling on people of all ages to ‘Be Media Smart’ and ‘Stop, Think, and Check’ that information they see, read or hear across any media platform is accurate and reliable. This national media literacy campaign was aimed at enhancing people’s understanding of, and engagement with, media, while also empowering them with the skills to evaluate content across all platforms.

Contextual Influences On Human Resources Development: Considerations And Evaluations On The Various External And Internal Factors That Shape And Influence Hrd In Organisations, Charles Alves De Castro

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This article aims to briefly understand and evaluate the main external and internal factors that impact directly on human resources development area within the organisations, mainly related to multinational companies. Also, it discusses the various aspects and influences on HRD-(Human Resources Development) such as societal, organisational/local, global, that impacts on costs, environment, regulations, policies, culture, beliefs, technology and values. This research was carried out by way of a literature review. This is important to demonstrate, explain and evaluate the current existent literature about this specific theme covered in this article. Furthermore, through this review we compared previous research on HRD. …

An Explorative Case-Study Of The Use Of Peerwise To Foster Student Centred, And Peer Supported, Learning In A First-Year Business Module, Anna Dynan, Barry Ryan

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Peer based learning is not a new concept in business studies in higher education; however, the integration of technology enabled and asynchronous peer learning has limited reported use and even less evidence based evaluation. In this explorative case study, the online tool PeerWise was used to scaffold and support an asynchronous peer-learning environment for a group of 212 first year business studies students. Students were required to create, answer and rate multiple choice questions on topics aligned to their curriculum within the peer constructed PeerWise question database. While there was no statistically significant correlation between PeerWise engagement and final module …