Digital Commons Network^™

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

Articles

It is axiomatic that defamation law protects reputation This proposition"”common sensical pervasive and influential"”is wrong But it is wrong in a very instructive way and a careful examination of its mistaken assumptions carries deep lessons for First Amendment jurisprudence defamation law and the regulation of falsehoods across legal fields brbrThe key fallacy is the failure to recognize that laws not only affect how individuals behave but also how they think Whenever an allegation is made individuals decide whether and how much to trust it based on myriad factors One such factor is the strictness of defamation laws To the extent …

American Option Pricing: An Accelerated Lattice Model With Intelligent Lattice Search, Qianru Shang, Brian Byrne

Articles

The authors introduce to the literature an intelligent lattice search algorithm to efficiently locate the optimal exercise boundary for American options. Lattice models can be accelerated by incorporating intelligent lattice search, truncation, and dynamic memory. We reduce computational runtime from over 18 minutes down to less than 3 seconds to estimate a 15,000-step binomial tree where the results obtained are consistent with a widely acclaimed literature. Delta and implied volatility can also be accelerated relative to standard models. Lattice estimation, in general, is considered to be slow and not practical for valuing large books of options or for promptly rebalancing …

Ex-Post Service Contract Performance Management, Brian Forbes, Malcolm Brady

Articles

This paper highlights how contract incompleteness can threaten the performance of public procurement facilities management contracts during their implementation stages, based on a multiple case study comprising five public procurement services contracts. The paper takes a principle-agent view and with the unit of analysis being the contract itself. The paper shows that contract contingencies are almost inevitable and may stem from the written contract or from the participating organisations. Written and unwritten contract management mechanisms were used in practice to deal with contingencies as they arose in the services case studies examined. The paper found that written contracts do not …

Expanding University Entrepreneurial Ecosystems To Under-Represented Communities, Emma O'Brien, Thomas M. Cooney, Per Blenker

Articles

Purpose – Entrepreneurship education has moved from an elitist view focussing on a start-up and picking-the-winners philosophy towards a broader enterprising behaviour approach; recognising entrepreneurship as an activity of relevance for everybody. The purpose of this paper is to extend this development and identify how university entrepreneurial ecosystems can be expanded to support communities that are under-represented in entrepreneurship.

Design/methodology/approach – Based on an integrative literature review (Torraco, 2005), this paper draws together and synthesises literature from the field of entrepreneurship, higher education studies and under-represented communities in an integrated fashion, leading to the development of a new conceptual model. …

Activity Monitoring In Professional Soccer Goalkeepers During Training And Match Play, Victor Moreno-Pérez, Shane Malone, Lluís Sala-Pérez, Manuel Lapuente-Sagarra, Miguel Angel Campos-Vazquez, Juan Del Coso

Articles

The purpose of the present study was to quantify the external load of professional soccer goalkeepers. Twenty professional goalkeepers participated in the study. Data were classified according to the number of days before or after the match day (MD) as follows: MD-4, MD-3, MD-2, MD-1 for the sessions before the match, and MD+1 for the session after the match. The total running distance covered (TD), the high metabolic load (HMLD), the number of high metabolic load efforts (HMLE) were progressively reduced from MD-4 to MD-1 but the values of these variables were always inferior to MD (ES: -3.79 to −1.11). …

Comparing Wayfair And Wynne: Lessons For The Future Of The Dormant Commerce Clause, Edward A. Zelinsky

Articles

A comparison of South Dakota v. Wayfair with Comptroller of the Treasury of Maryland v. Wynne indicates that the prospect of the Supreme Court jettisoning the dormant Commerce Clause altogether is unlikely. However, the justices who would abandon the dormant Commerce Clause can exercise decisive influence in particular cases as they did in Wayfair. The current Court’s dormant Commerce Clause skeptics – Justices Thomas and Gorsuch –provided the crucial fourth and fifth votes in Wayfair to overturn Quill.

It will continue to be rare for the Court to reverse its own dormant Commerce Clause decisions. Far from opening …

Home Sweet Home: How New York Courts Have Dealt With Daimler's "At Home" Requirement For General Jurisdiction, Burton N. Lipshie

Articles

In this Article, we will first place the Daimler decision in its context, both historical and technological, in an attempt to understand the flow of Supreme Court jurisdiction jurisprudence, and how Daimler fits into that jurisprudence. Then, we will explore the issues in New York law that Daimler left open, and which, more than five years after it was decided, remain open, and, indeed, often confused.

Commercial Speech Protection As Consumer Protection, Felix T. Wu

Articles

The Supreme Court has long said that “the extension of First Amendment protection to commercial speech is justified principally by the value to consumers of the information such speech provides.” In other words, consumers—the recipients or listeners of commercial speech—are the ones the doctrine is meant to protect. In previous work, I explored the implications of taking this view seriously in three contexts: compelled speech, speech among commercial entities, and unwanted marketing. In each of those contexts, adopting a listener-oriented approach leads to the conclusion that many forms of commercial speech regulation should receive far less First Amendment scrutiny than …

Jurisliterature And Transgression, Peter Goodrich

Articles

The jurisliterary profession is the curious enterprise of writing, as a jurist, about law. Many seek to escape into literature, philosophy, critique, psychoanalysis, the couch, but then, in the main, they have abandoned law. Those that persist, who remain jurists, have the propensity to transgress the boundaries of the juridical, the strictures of abstraction and disembodiment, so as to generate accounts of legal sensibility, so as to manifest the polyglottal and visceral potential of transforming the juridical bubble into that most ethical of realms, the poetics of desire. Jurisliterary transgression, at its strongest, returns the materiality of imagination to the …

Adapting The Surveying Curriculum To New Dimensions Of The Profession, Fahria Masum, Reinfried Mansberger, Audrey Martin, Gerhard Navratil, Anthony Mushinge

Articles

Today the surveying profession is very different from what it was twenty years ago. Recent technological innovations, globalization, and global land-related challenges have allowed a wide range of advances in the surveying profession. The vision is to promote surveying practices that can enhance the quality of services in a variety of tracks in the land profession. According to the new adjacent professional areas and the needs of the labor market, academic courses for surveyors have to be adapted to meet the broader scope of the surveying profession and to supply highly qualified land professionals. This paper outlines the new challenges …

Taking Data, Michael C. Pollack

Articles

Technological development has created new forms of information, altered expectations of privacy, and given law enforcement more tools to examine that information and intrude on that privacy. One crucial facet of these changes involves internet service providers (ISPs): as people expose more of their lives to their ISPs—all the websites they visit, people they communicate with, emails they send, files they store, and more—law enforcement efforts to access that data become more and more common. But scholars and policymakers alike recognize that the existing statutory frameworks governing those efforts are based on obsolete technology and strike balances that are difficult …

When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau

Articles

Someday, perhaps soon, diagnostics generated by machine learning (ML) will have demonstrably better success rates than those generated by human doctors. What will the dominance of ML diagnostics mean for medical malpractice law, for the future of medical service provision, for the demand for certain kinds of doctors, and in the long run for the quality of medical diagnostics itself?

This Article argues that once ML diagnosticians, such as those based on neural networks, are shown to be superior, existing medical malpractice law will require superior ML-generated medical diagnostics as the standard of care in clinical settings. Further, unless implemented …

How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton

Articles

The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions, family members and others to draft and interpret such Directives and Wills, be revised or amended to take account of these results.

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

Articles

No abstract provided.

Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri

Articles

From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their "right of publicity "-a state-law tort that prohibits the unauthorized use of a person's name, likeness, and other identifying characteristics. Intuitively, we might feel confident that Mark Zuckerberg should not be able to block his portrayal in The Social Network movie, that Marilyn Monroe could not have stopped Andy Warhol from exhibiting his vibrant paintings, that O.J. Simpson could not have demanded money from FX to air the American Crime Story docudrama. …

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

Articles

It is considered axiomatic that defamation law protects reputation. This proposition--commonsensical, pervasive, and influential-- is faulty. Underlying this fallacy is the failure to appreciate audience effects: the interaction between defamation law and members of the audience.

Defamation law seeks to affect the behavior of speakers by making them bear a cost for spreading untruthful information. Invariably, however, the law will also affect members of the audience, as statements made in a highly regulated environment tend to appear more reliable than statements made without accountability. Strict defamation law would tend to increase the perceived reliability of statements, which in some cases …

Nonparticipation And Perceptions Of Legitimacy, Bernard H. Oxman

Articles

The view that participation by the respondent state enhances the perceived legitimacy of international judicial or arbitral proceedings may play a significant role in a decision not to participate. Such a decision may be prompted by political rather than legal considerations. The object of nonparticipation may be to facilitate exercise of a political option of noncompliance with the judgment or award, notwithstanding prior agreement that it is legally binding. If so, then the basic issue is not nonparticipation as such, but rather noncompliance with a legally binding award or judgment, as well as a legally binding commitment to arbitrate or …

The Poverty Of Clinical Canonic Texts, Anthony V. Alfieri

Articles

No abstract provided.

Applying The First Amendment To The Internal Revenue Code: Minnesota Voters Alliance And The Tax Law’S Regulation Of Nonprofit Organizations’ Political Speech, Edward A. Zelinsky

Articles

On its face, Minnesota Voters Alliance v. Mansky is about which T-shirts, hats and buttons voters can wear at the polls. However, the U.S. Supreme Court’s First Amendment analysis in Minnesota Voters Alliance extends beyond apparel at polling places. That decision impacts the ongoing debate about the Johnson Amendment, the now controversial provision of the Internal Revenue Code which forbids Section 501(c)(3) organizations from intervening in political campaigns. Minnesota Voters Alliance also affects the proper construction of Section 501(c)(3)’s ban on lobbying by tax-exempt entities as well as other provisions of the tax law taxing and precluding campaign intervention by …

The Integrity Of Our Convictions: Holding Stakeholders Accountable In An Era Of Criminal Justice Reform, Barry Scheck

Articles

The article argues for the implementation of systemic mechanisms to ensure accountability and transparency among criminal justice stakeholders to move away from a "win-at-all-costs" mentality. It proposes a transition toward a "just culture" that prioritizes learning from error and forward-looking accountability through structural reforms in discovery, misconduct tracking, and indigent defense.

Antitrust In Digital Markets, John M. Newman

Articles

Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply- and dangerously- flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, …

Evaluating Food Safety Knowledge And Practices Among Foodservice Staff In Al Madinah Hospitals, Saudi Arabia, Anushree Priyadarshini, Nada Ahmad Alqurashi, Amit Jaiswal

Articles

This study examines food safety knowledge and practices of food service staff in Al Madinah hospitals, Saudi Arabia. A total of 163 food service staff participated voluntarily from 10 hospitals across the city of Al Madinah. The participants completed a questionnaire composed of threeparts: Generalcharacteristics,foodsafetyknowledge,andfoodsafetypractices. Resultsshowed that respondents generally had good food safety knowledge with the highest pass rate of 77.9% for knowledge of cross contamination followed by 52.8% for knowledge of food poisoning, and 49.7% of knowledge of food storage. Food safety practices were also strongly observed in the hospitals with a pass rate of 92.6%. Food safety knowledge …

Compact Broadband Triple-Ring Five-Port Reflectometer For Microwave Brain Imaging Applications, Toufiq Md Hossain, Mohd Faizal Jamlos, Mohd Aminudin Jamlos, Ping Jack Shoh, Siti Zuraidah Ibrahim, Muammar Mohamad Isa, Dominque M.M.-P. Schreurs, Adam Narbudowicz, Mohd Fairusham Ghazali

Articles

The broadband five-port refectometer (FPR) is proposed using a triple-ring based technique. The design introduces a tapering in the inter-ring transmission lines (TLs), which provides additional degrees of freedom for optimization and contributes to increased bandwidth. The miniaturization strategy allows incorporating the third ring without signifcant size increase. In addition, a method for expressing the effective physical dimension of a planar symmetric FPR is also presented in an easily comprehensible way, which can be implemented for other symmetric planar junctions with more than four ports. The proposed design comprises three concentric rings with phase-shifting arrangements between the inter-ring TLs and …

Biological Membranes In Ev Biogenesis, Stability, Uptake, And Cargo Transfer: An Isev Position Paper Arising From The Isev Membranes And Evs Workshop, Ashley E. Russell, Alexandra Sneider, Kenneth W. Witwer, Paola Bergese, Suvendra N. Bhattacharyya, Alexander Cocks, Emanuele Cocucci, Uta Erdbrugger, Juan M. Falcon-Perez, David W. Freeman, Thomas M. Gallagher, Shuaishuai Hu, Yiyao Huang, Steven M. Jay, Shin-Ichi Kano, Gregory Lavieu, Aleksandra Leszczynska, Alicia M. Llorente, Quan Lu, Vasiliki Mahairaki, Dillon C. Muth, Nicole Noren Hooten, Matias Ostrowski, Ilaria Prada, Susmita Sahoo, Tine Hiroth Schoyen, Lifu Sheng, Deanna Tesch, Guillaume Van Niel, Roosmarijn E. Vandenbroucke, Frederik J. Verweij, Ana V. Villar, Marca Wauben, Hang Yin, David Raul Francisco Carter, Pieter Vader

Articles

Paracrine and endocrine roles have increasingly been ascribed to extracellular vesicles (EVs) generated by multicellular organisms. Central to the biogenesis, content, and function of EVs are their delimiting lipid bilayer membranes. To evaluate research progress on membranes and EVs, the International Society for Extracellular Vesicles (ISEV) conducted a workshop in March 2018 in Baltimore, Maryland, USA, bringing together key opinion leaders and hands-on researchers who were selected on the basis of submitted applications. The workshop was accompanied by two scientific surveys and covered four broad topics: EV biogenesis and release; EV uptake and fusion; technologies and strategies used to study …

The Changing Face Of Pester Power, Margaret-Anne Lawlor

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No abstract provided.

Stimulating Interethnic Contact In Kosovo: The Role Of Social Identity Complexity And Distinctiveness Threat, Edona Maloku, Belle Derks, Colette Van Laar, Naomi Ellemers

Articles

The positive effects of intergroup contact on prejudice reduction have been widely validated by now. However, the potential of contact for intergroup relations is only available when there is readiness to have contact with outgroup members to begin with. In two correlational studies with the main ethnic groups in postconflict Kosovo, Albanian majority (Study 1, N = 221) and Serb minority (Study 2, N = 110), we examine how social identity complexity mechanism and distinctiveness threat contribute to predicting more readiness to have contact with outgroup members. As the establishment of a new national identity unfolds, we show that while …

Criminal Justice, Inc., John Rappaport

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No abstract provided.

The Keyes Of Constitutional Law, Justin Driver

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No abstract provided.

Arrows In Biology: Lack Of Clarity And Consistency Points To Confusion For Learners, Leslie Kate Wright, Jordan J. Cardenas, Phyllis Liang, Dina L. Newman

Articles

In this article, we begin to unpack the phenomenon of representational competence by ex¬ploring how arrow symbols are used in introductory biology textbook figures. Out of 1214 figures in an introductory biology textbook, 632 (52%) of them contained arrows that were used to represent many different concepts or processes. Analysis of these figures revealed little correlation between arrow style and meaning. A more focused study of 86 figures containing 230 arrows from a second textbook showed the same pattern of inconsistency. Interviews with undergraduates confirmed that arrows in selected textbook figures were confusing and did not readily convey the information …

Risks Of Excess Iodine Intake In Ghana: Current Situation, Challenges, And Lessons For The Future, Brenda A.Z. Abu, Wilna Oldewage‐Theron,, Richmond N.O. Aryeetey

Articles

In Ghana, iodine deficiency was first reported in 1994 among 33% of the population. A nationwide Universal Salt Iodization (USI) program plus other complementary interventions were subsequently implemented as a response. Our paper reviews the current risks of excess iodine status in Ghana and identifies policy and research gaps. A mixed methods review of 12 policies and institutional reports and 13 peer‐reviewed articles was complemented with consultations with 23 key informants (salt producers and distributors, food processors, regulatory agency officials, and healthcare providers) purposively sampled between May and August 2017. The findings show a strong policy environment indicated by regulations …