Digital Commons Network^™

Technical Report: A Framework For Confusion Mitigation In Task-Oriented Interactions, Na Li, Robert J. Ross

Articles

Confusion is a mental state that can be triggered in task-oriented interactions and which can if left unattended lead to boredom, frustration, or disengagement from the task at hand. Since previous work has demonstrated that confusion can be detected in embodied situated interactions from visual and auditory cues, in this technique report, we propose appropriate interaction structures which should be used to mitigate confusion. We motivate and describe this dialogue mechanism through an information state-style policy with examples, and also outline the approach we are taking to integrate such a meta-conversational goal alongside core task-oriented considerations in modern data driven …

Deep Sea Nature-Based Solutions To Climate Change, Nathalie Hilmi, Michael Sutherland, Shekoofeh Farahmand, Gunnar Haraldsson, Erik Van Doorn, Ekkehard Ernst, Mary S. Wisz, Astrid Claudel Rusin, Laura G. Elsler, Lisa A. Levin

Articles

The deep sea (below 200 m depth) is the largest carbon sink on Earth. It hosts abundant biodiversity that underpins the carbon cycle and provides provisioning, supporting, regulating and cultural ecosystem services. There is growing attention to climate-regulating ocean ecosystem services from the scientific, business and political sectors. In this essay we synthesize the unique biophysical, socioeconomic and governance characteristics of the deep sea to critically assess opportunities for deep-sea blue carbon to mitigate climate change. Deep-sea blue carbon consists of carbon fluxes and storage including carbon transferred from the atmosphere by the inorganic and organic carbon pumps to deep …

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

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The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …

Venture Predation, Matthew T. Wansley, Samuel N. Weinstein

Articles

Predatory pricing is a strategy firms use to suppress competition. The predator prices below its own costs to force its rivals out of the market. After they exit, the predator raises its prices to supracompetitive levels and recoups the cost of predation. The Supreme Court has described predatory pricing as “rarely tried” and “rarely successful” and has established a liability standard that is nearly impossible for plaintiffs to satisfy. We argue that one kind of company thinks predatory pricing is worth trying and at least potentially successful—venturebacked startups.

A venture predator is a startup that uses venture finance to price …

An Analysis Of The Impact And Efficacy Of An Online Mindfulness-Based Intervention As A Support For First-Year University Students, Wyndham Chalmers, Aiden Carthy, Maria Kenneally, Niamh Bruce, Colm Mcguinness, Philip Owende

Articles

As a result of the COVID-19 pandemic, many university courses transitioned to online delivery, therefore, educators and students faced new challenges associated with the delivery of modules and the provision of necessary student supports. Given the scale of this transition, it is likely that many universities will continue to teach remotely far beyond the reach of any pandemic specific restrictions. This study sought to explore the impact and efficacy of a five-week online mindfulness course to a cohort of first year university students (n = 25) at Technological University Dublin (TU Dublin), Ireland. Results demonstrated that participation in the course …

Beyond The Clock: Exploring The Complexities Of Women’S Domestic Roles In India Through The Lenses Of Daughters And Daughters-In-Law, Pushpendra Singh, Falguni Pattanaik, Archana Singh

Articles

This study aims to estimate the distribution of time spent on unpaid activities in India, with a focus on understanding the gendered nature of this work. The study seeks to contribute to the existing literature by providing empirical insights into the time spent on unpaid domestic activities by daughters and daughters-in-law, and by identifying the sociocultural and economic factors that contribute to this work. To achieve this objective, the study employs data from the Time Use Survey (TUS) conducted by the National Sample Survey Office (NSSO) in India from January to December 2019. The study uses a two-phase analysis to …

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

Articles

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …

Defamation With Bayesian Audiences, Yonathan Arbel, Murat C. Mungan

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How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then taxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects …

Definition And Characteristic Features Of A ‘Cultural Flashpoint’: A Case Study Of Exploring Masculinities, A Controversial Gender And Education Programme In Ireland, Joan Hanafin, Paul Conway, Cormac O Beaglaoich, Jack Hanafin

Articles

The concept ‘cultural flashpoint’ (CF) has not been fully defined or described. The authors test this concept through the prism of a controversial gender-focused Irish school programme, Exploring Masculinities (EM). Adopting an instrumental case study methodology, they use media content analysis to develop a temporal trajectory of the CF, describe its shape, explicit and implied contentious themes, and its process. They identify characteristic features of a cultural flashpoint: (i) a focal issue, event and/or object; (ii) conflict; (iii) bounded time period; (iv) the involvement of exo- and multi-sectoral individuals and groups; (v) randomness, opaqueness and conflation among its expressions; and …

Considerations For Scaling A Social Enterprise: Key Factors And Elements, Clodagh O'Reilly, Lucia Walsh, Ziene Mottiar

Articles

The number of social enterprises has grown exponentially in recent times. International research regarding how social enterprises scale is starting to emerge and is becoming an area of increased focus. Due to their hybridity, social enterprises experience unique scaling challenges, and research has started to examine these experiences. This theoretical paper reviews existing literature on social enterprise scaling and, based on this, proposes a conceptual model for understanding the interdependent factors and elements social enterprises must navigate when scaling. The proposed conceptual model will provide a base for further empirical research. When validated, it will also provide a practical tool …

The State Of Accessibility In Blackboard: Survey And User Reviews Case Study, Mohamed Wiem Mkaouer, Wajdi Aljedaani, Stephanie Ludi, Mohammed Alkahtani, Marcelo M. Eler, Marouane Kessentini, Ali Ouni

Articles

Context: Nowadays, mobile applications (or apps) have become vital in our daily life, particularly within education. Many institutions increasingly rely on mobile apps to provide access to all their students. However, many education mobile apps remain inaccessible to users with disabilities who need to utilize accessibility features like talkback or screen reader features. Accessibility features have to be considered in mobile apps to foster equity and inclusion in the educational environment allowing to use of such apps without limitations. Gaps in the accessibility to educational systems persist.

Objective: In this paper, we focus on the accessibility of the Blackboard mobile …

Responses To Many Anti-Aging Interventions Are Sexually Dimorphic., Andrzej Bartke, Erin Hascup, Kevin Hascup

Articles

There is increasing appreciation that sex differences are not limited to reproductive organs or traits related to reproduction and that sex is an important biological variable in most characteristics of a living organism. The biological process of aging and aging-related traits are no exception and exhibit numerous, often major, sex differences. This article explores one aspect of these differences, namely sex differences in the responses to anti-aging interventions. Aging can be slowed down and/or postponed by a variety of environmental ("lifestyle"), genetic or pharmacological interventions. Although many, particularly older studies utilized only one sex of experimental animals, there is considerable …

Responses To Many Anti-Aging Interventions Are Sexually Dimorphic., Andrzej Bartke, Erin Hascup, Kevin Hascup

Articles

There is increasing appreciation that sex differences are not limited to reproductive organs or traits related to reproduction and that sex is an important biological variable in most characteristics of a living organism. The biological process of aging and aging-related traits are no exception and exhibit numerous, often major, sex differences. This article explores one aspect of these differences, namely sex differences in the responses to anti-aging interventions. Aging can be slowed down and/or postponed by a variety of environmental ("lifestyle"), genetic or pharmacological interventions. Although many, particularly older studies utilized only one sex of experimental animals, there is considerable …

Where Registered And Unregistered Securities Are Commingled In A Direct Listing, Does A Purchaser Have Statutory Standing To Assert Securities Act Claims For A Misleading Registration Statement?, Wendy G. Couture

Articles

The Court will consider statutory standing to assert claims under Sections 11 and 12(a)(2) of the Securities Act of 1933 for alleged misrepresentations in a registration statement and the prospectus contained therein. This case raises this issue in a new factual scenario—a direct listing where registered and unregistered securities were offered to the public simultaneously—but the impacts of the Court’s ruling will potentially extend to traditionally underwritten public offerings of securities.

Rethinking Social Enterprise Policy Making In Ireland – Untangling Proportionate, Disproportionate And Unengaged Sectoral Policy Contributions, Gerard Doyle

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The National Social Enterprise Policy of Ireland was launched in 2019 following a slow and episodic process. The aim of the paper is to examine the development and implementation of the National Social Enterprise Policy. In particular the interaction between key sectoral stakeholders in the development of the policy and the primary influences on the process. The results of a substantial qualitative enquiry details the complex set of relationships underpinning the development of social enterprise policy in a multi-level governance framework. It situates the National Social Enterprise Policy in an environment unusually susceptible to sub-sectoral advocacy and highlights the particular …

Submitting The ‘Right’ Reflection, Catherine Murphy, Tom O'Mahony

Articles

While the benefits of reflection for students are well documented, there is a parallel body of research pointing to varying levels of engagement with reflection. Students on a four-year business information systems programme have to complete a reflection as part of their placement assessment. Using a constructivist qualitative methodology, this research explores the students' experience of reflecting with a view to identifying what supports could be useful to guide students in the future. Using semi-structured interviews, the students described a focus on description of activities and overall uncertainty on what to write. There are multiple possible interventions which could support …

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

Articles

In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

Articles

This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

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No abstract provided.

The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps

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As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where …

Aesthetics Of Slavery & Slave Trade Crimes, Jocelyn Getgen Kestenbaum

Articles

In his insightful new book, Invisible Atrocities, Randle DeFalco examines the aesthetic biases of international criminal law (ICL). DeFalco astutely argues that ICL prioritizes punishing "horrific spectacles" of violence while ignoring less visible, attritive forms of violence that cause similar levels of harm and suffering, generally over longer periods of time. While ICL is selective in its preference for "horrific spectacles," even the spectacular violence has been rendered invisible in ICL when inconvenient factual evidence counters dominant narratives in international law.

One such dominant narrative is the successful abolition of slavery and the slave trade of the nineteenth and twentieth …

Management’S Substantive Edges, Alexander A. Reinert

Articles

The article examines the evolution of judicial management in federal courts since Judith Resnik's seminal work, *Managerial Judges*, highlighting both advancements and persistent challenges. While increased transparency and the expanded role of magistrate judges have mitigated some concerns, issues like discovery disputes and the impact of the Prison Litigation Reform Act (PLRA) continue to shape judicial practice. The article critiques the disuniformity introduced by judges' individual standing orders, which, despite offering flexibility, raise concerns about procedural fairness, transparency, and consistency in federal procedure.

Strategic Citations: Beyond The Bluebook, David J.S. Ziff

Articles

Lawyers love thinking about writing. We love it so much that this issue of the Litigation and Trial Practice-Staff Council Committee Newsletter is devoted to writing tips. And for good reason. Words are our business, so we want to ensure that we’re using them as effectively as possible.

Often, however, when lawyers discuss writing, we ignore an important part of what we write. Sprinkled throughout our carefully crafted prose, legal writing includes other, uglier sentences—sentences with their own grammar of sorts, those little clumps of italicized case names, the reporter numbers and abbreviations, often with multiple parentheticals at the end. …

Who Owns Data? Constitutional Division In Cyberspace, Dongsheng Zang

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Privacy emerged as a concern as soon as the internet became commercial. In early 1995, Lawrence Lessig warned that the internet, though giving us extraordinary potential, was “not designed to protect individuals against this extraordinary potential for others to abuse.” The same technology can “destroy the very essence of what now defines individuality.” Lessig urged that “a constitutional balance will have to be drawn between these increasingly important interests in privacy, and the competing interest in collective security.” Lessig envisioned that creating property rights in data would help individuals by giving them control of their data. As utopian as property …

Startup Biases, Jennifer S. Fan

Articles

This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First, homophily—the idea that like attracts like—abounds and has been part of the DNA of venture capital since its inception. The thick networks that developed as venture capital made its way from the East Coast to the West Coast were limited to an elite group that …

Jury-Related Errors In Copyright, Zahr K. Said

Articles

Copyright law is surprisingly hard. Copyright does not do what laypeople think it does, nor do its terms mean what laypeople expect. Copyright also possesses systemic indeterminacy about what it protects and the extent of that protection. For laypeople, copyright law is decidedly “user-unfriendly.” Nonetheless, copyright law reserves for lay jurors its most-litigated, most difficult, and most consequential question at trial: whether works are “substantially similar” and thus infringing.

Many have criticized this allocation because in the context of copyright law, juries effectively have the power to expand or contract owners’ rights with little oversight or correction. But blaming the …

Telegraph, Telephone And The Internet: The Making Of The Symbiotic Model Of Surveillance States, Dongsheng Zang

Articles

In the early 2000s, shortly before the September 11 attacks, Daniel J. Solove noted that computer databases in the United States were controlled by public as well as private bureaucracies. In that sense, Solove argued, the "Big Brother" metaphor "fails to capture the most important dimension of the database problem." In his 2008 Lockhart lecture, constitutional law scholar Jack M. Balkin argued that the United States has gradually transformed from a welfare and national security state to a National Surveillance State: "a new form of governance that features the collection, collation, and analysis of information about populations both in the …

Taxing Digital Platforms, Andrew Hayashi, Young Ran (Christine) Kim

Articles

The proliferation of digital services taxes (DSTs) in Europe is generally understood as a way for those countries to claim taxing rights over the profits of large digital platforms such as Google, Facebook, and Amazon. Under prevailing norms of international income taxation, these businesses had been able to avoid paying taxes in countries where they had no physical presence, even if they had many users in those countries. But the rise of big tech has generated a set of regulatory and political challenges, and tax is only one of these. The adoption of DSTs is not only about the fair …

Acting In Good Faith, Tanya Dean

Articles

No abstract provided.

Pvpbc: Privacy- And Verifiability-Preserving E-Voting Based On Permissioned Blockchain, Muntadher Sallal, Ruairí De Fréin, Ali Malik

Articles

Privacy and verifiability are crucial security requirements in e-voting systems and combining them is considered to be a challenge given that they seem to be contradictory. On one hand, privacy means that cast votes cannot be traced to the corresponding voters. On the other hand, linkability of voters and their votes is a requirement of verifiability which has the consequence that a voter is able to check their vote in the election result. These two contradictory features can be addressed by adopting privacy-preserving cryptographic primitives, which at the same time as achieving privacy, achieve verifiability. Many end-to-end schemes that support …