Digital Commons Network^™

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

Articles

To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

The Value Of The Standard, Tom Cotter, Norman Siebrasse

Articles

Standard-setting organizations (SSOs) often require member firms to license their standard-essential patents (SEPs) on undefined “fair, reasonable, and nondiscriminatory” (FRAND) terms. Courts and commentators in turn have proposed various principles for calculating FRAND royalties, among them that the royalty should not reflect “the value of the standard.” As we show, however, this principle could be understood to mean any or all of three distinct concepts, namely that the royalty should not reflect the implementer’s sunk costs; that the patentee should not be able to extract any of the value resulting from network effects; or that the royalty should be proportionate …

Coverage Information In Insurance Law, Daniel Schwarcz

Articles

The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial …

A Content Analysis Of 3d Printing Policies At Academic Libraries, Jennifer J. Horton

Articles

Many academic libraries are adopting 3D printing programs and researching, writing, and implementing policies for these programs. This article analyzes the content of 50 academic library 3D printing policies looking for commonalities. Five major themes emerged from the analysis: the policy's purpose, potential users of the 3D printers, 3D printing procedures, the acceptable uses of the 3D printers, and user privacy considerations. This article provides a breakdown of these five major themes.

Tales From A Form Book: Stock Stories And Transactional Documents, Karen J. Sneddon

Articles

Legal transactions are stories. They are the stories of marriages, business partnerships, acquisitions, births, and deaths. These stories are built around the hopes, fears, wishes, and concerns of the particular parties to the transaction. But at their core, these stories are not just about the individual circumstances of those parties. At the core of each of these individual stories is a stock story. Virtually every transactional document starts with a form. And stock stories are embedded within each form document. The forms feature ing´enues, tricksters, misers, and sages who undertake journeys, confront mutinies, and at times achieve glory.

This article …

An Insight Into The Superior Performance Of A Heterogeneous Gold Nanocatalyst Supported By A Single Walled Carbon Nanotubes Compared To Titanium Dioxide And Amorphous Carbon For The Green Aerobic Oxidation Of Aromatic Alcohols, Anne Shanahan, Mary Mcnamara, Hugh Byrne, James A. Sullivan

Articles

Gold nanocomposites based on three supports, single wall carbon nanotubes, carbon black and TiO2, were prepared using an in-situ reduction technique and characterized. They were tested for their suitability as heterogeneous catalysts in the green aerobic oxidation of 1-phenylethanol, 2-phenylethanol and benzylalcohol of industrial importance. For all reactions, the use of single wall carbon nanotubes as supports resulted in superior reaction efficiency and specificity for aldehyde to that of TiO2 and carbon black. The gold nanocatalysts can be reused over several reaction cycles with a minimal degeneration in catalytic activity. The activity of the gold nanoparticle catalyst was related to …

Effects Of Cold Plasma On Surface, Thermal And Antimicrobial Release Properties Of Chitosan Film, Shashi Kishor Pankaj, Carmen Bueno-Ferrer, N.N. Misra, Luke O'Neill, Paula Bourke, P.J Cullen

Articles

This work aims to analyze the effects of cold atmospheric air plasma treatment of antimicrobial chitosan film with different levels of thymol. Optical characterization of the dielectric barrier discharge showed the generation of reactive nitrogen and oxygen species by the system. A significant increase in the surface roughness was observed after cold plasma treatment of the films. No significant difference was observed in the thermal profile of the plasma-treated films. A significant increase in the thymol diffusion coefficient was observed after the plasma treatment for all the active films.

The Influence Of Pitch Size On Running Performance And Physiological Responses During Hurling-Specific Small-Sided Games, Shane Malone, Kieran Collins

Articles

The current study examined how the impact of pitch dimensions influences physiological and running performance during 4-minute small-sided games (SSGs). Twenty-four (n = 24) hurling players were monitored with global positioning system and heart rate monitors during the in-season training period. Total distance (in meters), high-speed running distance (in meters) (≥17 km·h), very high-speed running distance (≥22 km·h) (in meters), total accelerations (n), acceleration distance (in meters), and peak and mean velocity (in kilometers per hour) were calculated. Additionally, SSGs rate of perceived exertion (RPESSG; AU), % maximum heart rate, and individualized training impulse (iTRIMP; AU) were collected. The current …

Review On The Km Applications In Public Organisations, Paul J. Mc Evoy, Mohamed A.F. Ragab, Amr Arisha

Articles

Abstract: The rise in awareness of knowledge management as a viable organisational resource and potential source of competitive advantage has been the subject of a myriad of research to date. The phenomenon covers a multitude of disciplines, roles and procedures, and its subjectivity has at times mitigated its potential for pertinent study. Add to this mix, the public sector, which exhibits unusual, specific, bureaucratic and insular hierarchies which can make it difficult to assess it from a research perspective, and a pertinent case can be made for investigating the process of implementing knowledge management initiatives in this area.

Today's public …

Analysing Supply Chain Resilience: Integrating The Constructs In A Concept Mapping Framework Via A Systematic Literature Review, Abubakar Ali, Amr Mahfouz, Amr Arisha

Articles

Purpose: The purpose of this paper is to analyse the concept of supply chain resilience (SCRES) using a concept mapping framework to seek conceptual clarity, with an emphasis on SCRES definitions, essential capabilities, elements and managerial practices.

Design/methodology/approach: A systematic literature review was conducted of 103 peer-reviewed journal articles covering the period from 2000 to 2015, with the aim to identify supply chain resilience concept.

Findings: Through analysis and synthesis of the literature, the study revealed three major constructs used to define resilience in supply chain: SCRES phases, strategies, and capabilities. The study has addressed five core …

Where Policy And Practice Collide: Comparing Us,South African And European Union Approaches Toprotecting Children Online, Monica Bulger, Patrick Burton, Brian O'Neill, Elisabeth Staksrud

Articles

That children have a right to protection when they go online is an internationally well-established principle, upheld in laws that seek to safeguard children from online abuse and exploitation. However, children’s own transgressive behaviour can test the boundaries of this protection regime, creating new dilemmas for lawmakers the world over. This article examines the policy response from both the Global North and South to young people’s online behaviour that may challenge adult conceptions of what is acceptable, within existing legal and policy frameworks. It asks whether the ‘childhood innocence’ implied in much protection discourse is a helpful basis for promoting …

Freeze-Drying As A Novel Biofabrication Method For Achieving A Controlled Microarchitecture Within Large, Complex Natural Biomaterial Scaffolds, Claire Brougham, Tanya J. Levingstone, Nian Shen, Gerard M. Cooney, Thomas C. Flanagan, Stefan Jockenhoevel, Fergal J. O’Brien

Articles

The biofabrication of large scaffolds from natural biomaterials into complex 3D shapes with controllable microarchitecture remains a major challenge. Freeze-drying (or lyophilization) is a technique used to create bioactive scaffolds with a porous architecture and is typically only used to generate scaffolds in planar 3D geometries. Here we report the development of a new biofabrication process to form a collagen-based scaffold into a large, complex geometry which has a large height to width ratio, and a controlled porous microarchitecture. This biofabrication process was validated through the successful development of a heart valve shaped scaffold, fabricated from a collagen-glycosaminoglycan co-polymer. Notably, …

Reneb - Running The European Network Of Biological Dosimetry And Physical Retrospective Dosimetry, Ulrike Kulka, Michael Abend, Liz Ainsbury, Christophe Badie, Joan-Francesc Barquinero, Leonardo Barrios, Christina Beinke, Emanuela Bortolin, Alexandra Cucu, Fiona Lyng

Articles

Purpose: A European network was initiated in 2012 by 23 partners from 16 European countries with the aim to significantly increase individualized dose reconstruction in case of large-scale radiological emergency scenarios.

Enhanced Master/Slave Control Strategy Enabling Grid Support Services And Offshore Wind Power Dispatch In A Multi-Terminal Vsc Hvdc Transmission System, Roberto Sandano, Michael Farrell, Malabika Basu

Articles

New high voltage direct current (HVDC) installations are expected to be able to provide stability support to the main synchronous networks to which they are connected. In multi-terminal HVDC (MTDC) schemes incorporating offshore wind farm this issue could be addressed by setting aside a reserve of wind energy by the curtailment of wind turbine generators (WTGs). This paper proposes a communication-less dc voltage cooperative control strategy for MTDC transmission systems. A grid side converter, the master, and a wind farm are designed to work cooperatively to maintain a stable dc link voltage, facilitating normal power dispatch orders and the provision …

The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

Articles

Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …

Our Shrinking First Amendment: On The Growing Problem Of Reduced Access To Public Property For Speech Activity And Some Suggestions For A Better Way Forward Symposium: The Expanding First Amendment, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.

Lost Art And The Public Domain, Alan L. Durham

Articles

Because a patentable invention must be novel, and it must embody an advancement that would not have been obvious to persons of ordinary skill, the invention must be compared to the “prior art.” Prior art, in the language of the current Patent Act, includes anything that was already “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public.” With certain qualifications, patent law has always required that prior art have been available to the public. A manuscript describing the claimed invention that had never left its author's desk drawer would not qualify …

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

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No abstract provided.

Saving Lives, Shalini Bhargava Ray

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No abstract provided.

Labor And Employment Arbitration Today: Mid-Life Crisis Or New Golden Age?, Theodore J. St. Antonie

Articles

The major developments in employer-employee arbitration currently do not involve labor arbitration, that is, arbitration between employers and unions. The focus is on employment arbitration, arbitration between employers and individual employees. Beginning around 1980, nearly all the states judicially modified the standard American doctrine of employment-at-will whereby, absent a statutory or contractual prohibition, an employer could fire an employee "for good cause, for no cause, or even for cause morally wrong." Under the new regime, grounded in expansive contract and public policy theories, wrongfully discharged employees often reaped bonanzas in court suits, with California jury awards averaging around $425,000." Many …

Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff

Articles

In this article I advance two arguments. The first is that 2016 was a particularly important year for freedom of speech and the press, although not for conventional reasons. The second is that hte events of 2016 revealed that one of the essential components of our democracy - the central role that free expression plays in the democratic process - is in a state of serious dysfunction, if not crisis.

Are Trump's Attacks On The Media Adversely Affecting Public Opinion?, Leonard M. Niehoff

Articles

Both during the election cycle and as president of the United States, Donald Trump has enthusiastically and aggressively attacked the media. On Twitter, in speeches, and at rallies he has repeatedly deployed his favorite “f words” against mainstream broadcast, print, and online news sources: “fake,” “fraudulent,” “failing,” and (phonetically) “phony.” Some attacks have been personal to individual journalists, some have been more institutionally focused, and some have been made in contexts that appeared to create physical risk to reporters who were present. But whatever the variation in lavors, the frequency of the attacks has remained constant. Indeed, Trump has devoted …

Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow

Articles

Over the past generation, the history of the state has been experiencing a much-noted renaissance, especially in France and the United States. In the United States as late as 1986, Morton Keller complained to William Leuchtenburg in the Journal of American History: “To say that ‘there is much still to be learned about the nature of the State in America’ is … a major understatement. There is close to everything to be learned about the State.” In France as late as 1990, Pierre Rosanvallon’s powerful introduction to L’État en France suggested that an ambitious history of the state could not …

Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello

Articles

First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …

Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson

Articles

In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The Work Of International Law, Monica Hakimi

Articles

This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view - what I call the "cooperation thesis" - is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

The Cost Of Inexperience, Mirit Eyal-Cohen

Articles

Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses Yet in recent years studies show that newcomers are less successful than existing firms that have diversifies their products in the market What might explain this phenomenonThis Article unveils a regulatory catch 22 It reveals that although a regulation may be efficient in correcting a certain market failure its distributional effects may create another It exposes the degree to which "economies of experience" in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers Being wellversed in their marketplace oldtimers possess knowledge …

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

Articles

I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.