Digital Commons Network^™

Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass

Articles

No abstract provided.

Chevron’S Inevitability, Kristin Hickman, Nicholas R. Bednar

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No abstract provided.

Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti

Articles

No abstract provided.

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.

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 …

A Survey Of The Prior Programming Experience Of Undergraduate Computing And Engineering Students In Ireland, Glenn Strong, Catherine Higgins, Nina Bresnihan, Richard Millwood

Articles

It has become apparent that increasing numbers of students arriving into undergraduate computing and engineering degree programmes in Irish 3^rd-level institutions have prior experience of computer programming. As the extent of this prior exposure as well as its nature, origins, and usefulness is not known beyond anecdotal evidence, an annual survey of prior programming experience of freshman undergraduates who study programming as part of their degree has been designed and administered. This paper reports on the first two years of this survey in 2015 and 2016. It found that around one third had some prior experience of programming …

How To Use Analogies For Creative Business Modelling, Ryan Rumble, Niall Minto

Articles

Purpose

This paper aims to present a method for interpreting and reinterpreting business models as analogies to support the creation of new business model ideas.

Design/methodology/approach

The authors use the literature on cognitive frames and attention to demonstrate the often-overlooked potential of analogies. From this, the authors derive practical recommendations for the use of analogies in creative business model design.

Findings

Managers can design creative business models by seeking multiple interpretations of the way other businesses create and capture value.

Originality/value

Business model frameworks are commonplace, but there is little discussion on how to use them effectively. Furthermore, while analogies …

Effect Of Game Design, Goal Type, And Player Numbers On The Physiological And Physical Demands Of Hurling-Specific Small-Sided Games, Shane Malone, Kieran Collins

Articles

The current study examined the effect that game design modification, goal type, and player numbers on the running performance and physiological demands of small-sided hurling games (SSG). Forty-eight hurling players (age, 25.5 ± 3.2 years; height, 178.9 ± 3.2 cm; body mass, 78.5 ± 4.5 kg) performed 4 types of SSG (possession [P], normal play [NP], regular goals [RG] and small goals [SG]) in 4-a-side, 5-a-side, and 6-a-side formats. Heart rate (Polar Electro Oy) and global positioning system technology (VX Sport, 4-Hz, Lower Hutt) were used to analyze the physical and physiological differences between SSG. Total distance (m), high-speed running …

The Running Performance Profile Of Elite Gaelic Football Match-Play, Shane Malone, Barry Solan, Kieran Collins

Articles

The current study examined (a) the match running performance of Gaelic football and (b) the decrement in match running performance with respect to position. Global positioning satellite system technologies (4-Hz; VX Sport) were used with 3 elite intercounty teams across 3 full seasons with 250 full game data sets collected. Game movements were classified according to game actions and distance covered across speed zone thresholds (total distance [TD], high-speed running distance [HSRD; ≥17 km·h], sprint distance [SD; ≥22 km·h]; accelerations [n]; peak speed [km·h]). The influence of running performance in each quarter on the subsequent quarter was analyzed across all …

The Relationship Between Technical Performance Indicators And Running Performance In Elite Gaelic Football, Shane Mangan, Martin Ryan, Simon Devenney, Aidan Shovlin, Jason Mcgahan, Shane Malone, Cian O'Neill, Con Burns, Kieran Collins

Articles

The aim of the current study was to assess whether technical performance relates to positional running demands of elite Gaelic football players. Over a period of three years (2014–2016), four elite Gaelic football teams were monitored using GPS technologies. Four hundred and thirty-two individual player samples were collected from 52 competitive matches. Video analysis software was used to code technical performance indicators in all games. Pearson’s correlations were performed between all technical variables and total distance (m) and high-speed distance (≥17 km h−1). Total ball in play time had small to medium effects (r = .233 to .390, p …

How Privacy Distorted Standing Law, Felix T. Wu

Articles

No abstract provided.

Cosmopolitan Democracy And The Detention Of Immigrant Families, Rebecca Sharpless

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No abstract provided.

Government Employee Religion, Caroline Mala Corbin

Articles

Picture a county clerk who refuses to issue a marriage license to an LGBT couple or a city bus driver who insists on wearing a hijab. The clerk is fired for failing to fulfill job responsibilities and the bus driver for violating official dress codes. Both claim that their termination violates the First Amendment speech and religion clauses.

There is a well-developed First Amendment government employee speech jurisprudence. Less developed is the doctrine and literature for First Amendment government employee religion. The existing Free Exercise Clause jurisprudence usually does not specifically account for the government employee context. This Article attempts …

The Desert Of The Unreal: Inequality In Virtual And Augmented Reality, Mary Anne Franks

Articles

The world we live in is structured by inequality: of gender, race, class, sexual orientation, disability, and more. Virtual and augmented reality technologies hold out the promise of a more perfect world, one that offers us more stimulation, more connection, more freedom, more equality than the "real" world. But for such technologies to be truly innovative, they must move us beyond our current limitations and prejudices. When existing inequalities are unacknowledged and unaddressed in the "real" world, they tend to be replicated and augmented in virtual realities. We make new worlds based on who we are and what we do …

Criminalization As Governance In The American Racial State, Charlton C. Copeland

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No abstract provided.

Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri

Articles

This article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law school clinics in contemporary anti-poverty, civil rights, and social justice movements, in part by chronicling the emergence of a faith-based municipal equity movement in Miami, Florida. The Article proceeds in four parts. Part I introduces the notion of community triage as a means of addressing the impoverished and segregated aftermath …

Trading Spaces: The Changing Role Of The Executive In U.S. Trade Lawmaking, Kathleen Claussen

Articles

Since the earliest days of the republic, the U.S. executive has wielded a significant but constitutionally bounded influence on the direction of U.S. trade law. In the twenty-first century, the growth of free trade agreements has led to an institutionalization of trade norms that permits the executive many more spaces for engagement with trading partners. In addition, other types of quotidian lawmaking extend the power of the executive in both public and hidden spaces beyond congressional delegation, even as that power remains substantially bounded by congressional control. This Article analyzes the dynamics between the branches that will direct future U.S. …

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Articles

No abstract provided.

Lessons Learned Too Well: Anonymity In A Time Of Surveillance, A. Michael Froomkin

Articles

It is no longer reasonable to assume that electronic communications can be kept private from governments or private-sector actors. In theory, encryption can protect the content of such communications, and anonymity can protect the communicator's identity. But online anonymity-one of the two most important tools that protect online communicative freedom-is under practical and legal attack all over the world. Choke-point regulation, online identification requirements, and data-retention regulations combine to make anonymity very difficult as a practical matter and, in many countries, illegal. Moreover, key internet intermediaries further stifle anonymity by requiring users to disclose their real names.

This Article traces …

The Weaponized Lawsuit Against The Media: Litigation Funding As A New Threat To Journalism, Lili Levi

Articles

This Article identifies a new front in the current war against the media one in which billionaire private actors clandestinely fund other people's lawsuits in an attempt to censor press entities. The use of strategic litigation to shutter media outlets constitutes a major threat to the expressive order. And the current climate of press failures, institutional disaggregation, decreasing accountability journalism, and declining public trust-the very vulnerability of the press today-significantly amplifies the chilling impact of strategic third party funding. It does so whether the strategy is death-by-a-thousand litigations or titanic, bankruptcy-inducing damage verdicts.

Still, contrary to the assertions of both …

Simplexity: Plain Language And The Tax Law, Joshua D. Blank, Leigh Osofsky

Articles

In recent years, federal government agencies have increasingly attempted to use plain language in written communications with the public. The Plain Writing Act of 2010, for instance, requires agencies to incorporate "clear and simple" explanations of rules and regulations into their official publications. In the tax context, as part of its "customer service" mission, the Internal Revenue Service bears a "duty to explain" the tax law to hundreds of millions of taxpayers who file tax returns each year. Proponents of the plain language movement have heralded this form of communication as leading to simplicity in tax compliance, more equitable access …

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Articles

No abstract provided.

Who Really Said What? Mobile Historical Situated Documentary As Liminal Learning Space, Owen Gottlieb

Articles

This article explores the complexities and affordances of historical representation that arose in the process of designing a mobile augmented reality video game for teaching history. The process suggests opportunities to push the historical documentary form in new ways. Specifically, the article addresses the shifting liminal space between historical fiction narrative, and historical interactive documentary narrative. What happens when primary sources, available for examination are placed inside of a historically inspired narrative, one that hews closely to the events, but creates drama through dialogues between player and historical figure? In this relatively new field of interactive historical situated documentary, how …

Regulating Secrecy, W. Nicholson Price Ii

Articles

Inventors face a stark choice between two intellectual property systems of protecting innovative ideas: patents and trade secrecy. But accounts of this choice underexplore the role of the regulators that dominate some areas of innovation. Regulation interacts with intellectual property exclusivity in socially problematic ways by encouraging secrecy at the expense of innovation, efficiency, and competition. This Article theorizes how regulation empowers intellectual property generally, explains why this strengthening is problematic for trade secrecy but not for patents, and offers the solution of regulator-enforced disclosure. When a regulator defines a product or a process, it becomes much harder to successfully …

Auditory Fatigue Model Applications To Predict Noise Induced Hearing Loss In Human And Chinchilla, Pengfei Sun, Daniel Fox, Kathleen Campbell, Jun Qin

Articles

Noise induced hearing loss (NIHL) remains a severe health problem worldwide. Current noise metrics and models have assessment limitations on gradually developing NIHL (GDNIHL). In this study, we apply a complex velocity level (CVL) auditory fatigue model to quantitatively assess the impact of basilar membrane (BM) movement on GDNIHL. The transfer functions of chinchilla and human auditory systems, including the triple-path nonlinear (TRNL) filters to simulate the inner ear responses, are applied to obtain BM velocity distribution. Chinchilla and human experimental hearing loss data are used to validate the proposed CVL model’s effectiveness. The results reveal that the developed CVL …

A Small Step Forwards On The Erd˝Os-S´Os Problem Concerning The Ramsey Numbers R(3, K), Rujie Zhu, Xiaodong Xu, Stanislaw Radziszowski

Articles

Let ∆s = R(K3, Ks) − R(K3, Ks−1), where R(G, H) is the Ramsey number of graphs G and H defined as the smallest n such that any edge coloring of Kn with two colors contains G in the first color or H in the second color. In 1980, Erd˝os and S´os posed some questions about the growth of ∆s. The best known concrete bounds on ∆s are 3 ≤ ∆s ≤ s, and they have not been improved since the stating of the problem. In this paper we present some constructions, which imply in particular that R(K3, Ks) ≥ …

Pivot Dublin: A Discussion On The Bid For Dublin To Become World Design Capital, Barry Sheehan, Ali Grehan

Articles

In this article, Barry Sheehan interviews Dublin City Architect, Ali Grehan, about PIVOT Dublin, the bid for World Design Council, how and why it came about, what happened to the bid and where PIVOT Dublin is now.

Youth/Police Encounters On Chicago's South Side: Acknowledging The Realities, Craig B. Futterman, Chaclyn Hunt, Jamie Kalven

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No abstract provided.

The Case Against Free Speech, Brian Leiter

Articles

No abstract provided.

Litigating The Blue Wall Of Silence: How To Challenge The Police Privilege To Delay Investigation, Aziz Huq, Richard H. Mcadams

Articles

No abstract provided.