Digital Commons Network^™

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

Articles

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 …

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Articles

Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …

The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine

Articles

For decades police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …

Back To Basics: The Benefits Of Paradigmatic International Organizations, Kristina Daugirdas, Katerina Linos

Articles

In the early 2000s, small “coalitions of the willing,” flexible networks, and nimble private-public partnerships were promoted as alternatives to bureaucratic, consensus-seeking, and slow-moving international organizations. The Global Fund to Fight AIDS, Tuberculosis and Malaria was established as an efficient alternative to the lumbering World Health Organization. The Basel Committee, the Financial Stability Forum, and the Financial Action Task Force were lauded as global market regulators. The Pompidou Group, the Dublin Group, and Interpol were touted as effective police networks in the battle against transnational crime.

We systematically reviewed the evolution of these celebrated networks in the ensuing decades by …

How Not To Lie: A Don't-Do-It-Yourself Guide For Litigators, Leonard Niehoff

Articles

Over the past few years, a number of high-profile attorneys have been sanctioned or suspended from the practice of law because they lied. The instance that probably received the greatest media attention came in June of 2021, when the Appellate Division of the Supreme Court of the State of New York ordered the immediate suspension of Rudy Giuliani’s license because he had made demonstrably false statements to the courts, lawmakers, and the public at large concerning the 2020 presidential election. In a 33- page opinion, the court considered the arguments Giuliani raised in his defense but concluded that his pants …

Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker

Articles

Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.

All Stick And No Carrot? Reforming Public Offerings, Stephen J. Choi, Adam C. Pritchard

Articles

The SEC heavily regulates the traditional initial public offering (IPO). Those regulatory burdens fuel interest in alternative paths for private companies to go public, “regulatory arbitrage.” The SEC’s response to the emergence of alternatives, most recently SPACs and direct listings, has been to re-assert the regulatory protections in a traditional IPO, including heightened liability under Section 11 of the Securities Act. The SEC’s treatment of the traditional IPO regulatory process as a one-size fits-all regime ignores the weaknesses of this process, in particular the informational inefficiency of the book-building process. In this essay we argue that the agency’s focus in …

Informationalism Beyond Managerialism, Salome Viljoen

Articles

It is now commonplace to observe that digital platforms are both affecting and reshaping markets. The focus of this Article is not the anticompetitive effects of digital platforms upon the markets they enter. It instead focuses on digital platforms themselves as market mechanisms. Information—especially datafied information about people and their behavior—and information technologies have transformed how many markets function in the digital economy. Markets have become market machines: highly engineered and computationally intensive market-like mechanisms that make up a key layer of technological infrastructure within digital platforms.

Understanding And Predicting Cognitive Improvement Of Young Adults In Ischemic Stroke Rehabilitation Therapy, Helard Becerra Martinez, Katryna Cisek, Alejandro Garcia-Rudolph, John Kelleher, Andrew Hines

Articles

Accurate early predictions of a patient's likely cognitive improvement as a result of a stroke rehabilitation programme can assist clinicians in assembling more effective therapeutic programs. In addition, sufficient levels of explainability, which can justify these predictions, are a crucial requirement, as reported by clinicians. This article presents a machine learning (ML) prediction model targeting cognitive improvement after therapy for stroke surviving patients. The prediction model relies on electronic health records from 201 ischemic stroke surviving patients containing demographic information, cognitive assessments at admission from 24 different standardized neuropsychology tests (e.g., TMT, WAIS-III, Stroop, RAVLT, etc.), and therapy information collected …

Discovering Child Sexual Abuse Material Creators’ Behaviors And Preferences On The Dark Web, Vuong Ngo, Rahul Gajula, Christina Thorpe, Susan Mckeever

Articles

Background: Producing, distributing or discussing child sexual abuse materials (CSAM) is often committed through the dark web in order to remain hidden from search engines and regular users. Additionally, on the dark web, the CSAM creators employ various techniques to avoid detection and conceal their activities. The large volume of CSAM on the dark web presents a global social problem and poses a significant challenge for helplines, hotlines and law enforcement agencies.

Objective: Identifying CSAM discussions on the dark web and uncovering associated metadata insights into characteristics, behaviours and motivation of CSAM creators.

Participants and Setting: We have conducted an …

Toward Inclusive Online Environments: Counterfactual-Inspired Xai For Detecting And Interpreting Hateful And Offensive Tweets, Muhammad Deedahwar Mazhar Qureshi, Muhammad Atif Qureshi, Wael Rashwan

Articles

The prevalence of hate speech and offensive language on social media platforms such as Twitter has significant consequences, ranging from psychological harm to the polarization of societies. Consequently, social media companies have implemented content moderation measures to curb harmful or discriminatory language. However, a lack of consistency and transparency hinders their ability to achieve desired outcomes. This article evaluates various ML models, including an ensemble, Explainable Boosting Machine (EBM), and Linear Support Vector Classifier (SVC), on a public dataset of 24,792 tweets by T. Davidson, categorizing tweets into three classes: hate, offensive, and neither. The top-performing model achieves a weighted …

Learnings From A National Cyberattack Digital Disaster During The Sars-Cov-2 Pandemic In A Pediatric Emergency Medicine Department, Fiona Leonard, Hugh O'Reilly, Carol Blackburn, Laura Melody, Dani Hall, Eleanor Ryan, Kate Bruton, Pamela Doyle, Bridget Conway, Michael Barrett

Articles

Objective: The primary objective was to analyze the impact of the national cyberattack in May 2021 on patient flow and data quality in the Paediatric Emergency Department (ED), amid the SARS-CoV-2 (COVID-19) pandemic. Methods: A single site retrospective time series analysis was conducted of three 6-week periods: before, during, and after the cyberattack outage. Initial emergent workflows are described. Analysis includes diagnoses, demographic context, key performance indicators, and the gradual return of information technology capability on ED performance. Data quality was compared using 10 data quality dimensions. Results: Patient visits totaled 13 390. During the system outage, patient experience times …

New Fxlmat-Based Algorithms For Active Control Of Impulsive Noise, Alina Mirza, Farkhanda Afzal, Ayesha Zeb, Abdul Wakeel, Waqar Shahid Qureshi, Ali Akgul

Articles

In the presence of non-Gaussian impulsive noise (IN) with a heavy tail, active noise control (ANC) algorithms often encounter stability problems. While adaptive filters based on the higher-order error power principle have shown improved filtering capability compared to the least mean square family algorithms for IN, however, the performance of the filtered-x least mean absolute third (FxLMAT) algorithm tends to degrade under high impulses. To address this issue, this paper proposes three modifications to enhance the performance of the FxLMAT algorithm for IN. To improve stability, the first alteration i.e. variable step size FxLMAT (VSSFxLMAT)algorithm is suggested that incorporates the …

Enhancing Control Room Operator Decision Making: An Application Of Dynamic Influence Diagrams In Formaldehyde Manufacturing, Joseph Mietkiewicz, Anders L. Madsen

Articles

Intoday’s rapidly evolving industrial landscape, control room operators must grapple with an ever-growing array of tasks and respon sibilities. One major challenge facing these operators is the potential for task overload, which can lead to decision fatigue and increased reliance on cognitive biases. To address this issue, we propose the use of dynamic influence diagrams (DID) as the core of our decision support system. By monitoring the process over time and identifying anomalies, DIDs can recommend the most effective course of action based on a probabilistic assessment of future outcomes. Instead of letting the operator choose or search for the …

Series-Fed Omnidirectional Mm-Wave Dipole Array, Neeraj Kumar Maurya, Max Ammann, Patrick Mcevoy

Articles

THE rapid expansion in the millimeter-wave (mm-wave) frequency domain has completely changed the course of wireless communication. One of the most important steps to make smart cities, the Internet-of-Things (IoT), smart homes, and vehicular communication a reality is to use mm-wave frequencies for wireless applications. The rise in the number of wireless appliances has also led to a rise in data traffic [1]. The adoption of mm-wave frequencies enabled several gigahertz of bandwidth, allowing data rate and latency limits to be exceeded. The availability of a broad electromagnetic spectrum and frequency reusability are the most important characteristics of mm-wave deployment …

Understanding The Interplay Between Immigrant Nascent Entrepreneurship And Cross-Cultural Adaptation, Lucia Walsh, Thomas M. Cooney

Articles

Purpose – All entrepreneurs face challenges during their venture start-up process, but immigrant entrepreneurs face additional and distinctive challenges due to their contextual newness. This paper focuses on understanding the intertwined journeys of nascent entrepreneurship and cross-cultural adaptation of immigrants in a small Western European country where immigrant entrepreneurship is still a relatively new phenomenon.

Design/methodology/approach – The induction-driven, 18-month longitudinal empirical inquiry focused on six early-stage nascent entrepreneurs. Qualitative methods included participant observation during an enterprise program, qualitative interviews and ongoing informal communication.

Findings – The data uncovered the interplay between the nascent immigrant entrepreneurship and crosscultural adaptation. This …

The Public Voice Of The Defender,, Russell M. Gold, Kay L. Levine

Articles

For decades, police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …

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

Articles

No abstract provided.

Entrepreneurial Competencies In Action: Online Fundraising Initiatives By University Students, Thomas M. Cooney, Martina Brophy

Articles

It has been argued that entrepreneurship educators are inclined to let students learn in a safe controlled environment, with no pressure except to pass the module. Students working in groups of three were given 12 weeks (Target 1) to develop a fundraising initiative, work with various stakeholders, and execute their online fundraising initiative to meet a target goal of €2000 (Target 2) per group. Employing approaches such as Effectuation, Lean Start-Up and the Business Model Canvas, a self-directed learning approach ensured students were able to take ownership of their learning journey with the lecturer acting as coach or facilitator. The …

Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Culture Warriors, Francisco Valdes

Articles

No abstract provided.

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 …

Opening A Federal Reserve Account, Julie Andersen Hill

Articles

To open bank accounts, new customers provide personal information and make a deposit. Within a few minutes (or perhaps a few days), new customers get access to payment services. For many years, the process financial institutions used to open accounts at FederalReserve Banks was similar. Eligible banks filled out a one-page form and within a week received an account allowing them access to the FederalReserve's payment systems. Recently, however, Federal Reserve Banks have spent years considering account requests from novel banks.

This Article examines the Federal Reserve's process for evaluating requests for accounts. Using interviews, court documents, and other sources, …

Common Law Constitutionalism And The Protean First Amendment, Ronald Jr. Krotoszynski

Articles

No abstract provided.

Disarmament Is Good, But What We Need Now Is Arms Control, Daniel H. Joyner

Articles

This article aims to correct a number of misconceptions held by both scholars and activists about the United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW), and international nuclear weapons law generally. It first reviews the development of international law related to nuclear weapons, and provides a novel taxonomy of legal obligations divided into three substantive categories. It then examines the TPNW within that taxonomy, and considers how it should be understood to fit within this legal context. It concludes that the TPNW is essentially a nuclear disarmament treaty. While it should be welcomed as a contribution to nuclear …

Crying Wolf: Neo-Patriots, Critical Race Theory, And The Constitutional Protection Of "Dangerous" Ideas, Bryan K. Fair

Articles

Most Americans do not realize that, notwithstanding the First Amendment's free speech guarantee, for most of our nation's history, judges sent men and women to prison for expressing ideas considered too "dangerous." It was not until the late 1960s that the Supreme Court rejected the clear and present danger doctrine, insisting that statutes banning speech must draw a distinction between advocacy of ideas and advocacy of imminent lawless action. The Court held that under that constitutional norm, the government could not send a Klansman to prison for expressing racist, anti-Semitic, or otherwise dangerous or offensive ideas. Since then, banning the …

At The Nexus Of Antitrust & Consumer Protection, Luke Herrine

Articles

This Essay uses Section 5 of the Federal Trade Commission Act to examine the theoretical and practical relationship between antitrust and consumer protection law. It argues that, since roughly 1980, there has been a hegemonic "neoliberal"framework, one that has in recent years been challenged by an emerging "moral economy" framework. The neoliberal framework conceptualizes antitrust as preventing firms from conspiring to throttle output, with a focus primarily on consumers' interests in low prices, and consumer protection as making consumers informed, rational, and able to switch between competitors with relatively low cost. The moral economy framework conceptualizes both areas of law …

Congress's Anti-Removal Power, Christopher J. Walker, Aaron Nielson

Articles

Statutory restrictions on presidential removal of agency leadership enable agencies to act independently from the White House. Yet since 2020, the U.S. Supreme Court has held two times that such restrictions are unconstitutional precisely because they prevent the President from controlling policymaking within the executive branch. Recognizing that a supermajority of the Justices now appears to reject or at least limit the principle from Humphrey’s Executor that Congress may prevent the President from removing agency officials based on policy disagreement, scholars increasingly predict that the Court will soon further weaken agency independence if not jettison it altogether.

This Article challenges …

The Early Years Of Congress’S Anti-Removal Power, Aaron Nielson, Christopher J. Walker

Articles

Judges and scholars have long debated whether the Constitution provides the President with a power to remove executive officials. The Constitution, however, undoubtedly gives Congress tools to discourage the President’s use of such power. Perhaps most notably, the Appointments Clause makes it more difficult for the President to remove principal officers—even those whose views are out of the step with the President’s—because the President cannot know whether the Senate will consent to a preferred replacement. This is an example of what we dub Congress’s anti-removal power: Even if the President can remove, a motivated Congress can discourage the President’s use …

Unprecedented Precedent And Original Originalism: How The Supreme Court’S Decision In Dobbs Threatens Privacy And Free Speech Rights, Leonard Niehoff

Articles

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has drawn considerable attention because of its reversal of Roe v. Wade and its rejection of a woman’s constitutional right to terminate her pregnancy. The Dobbs majority, and some of the concurring opinions, emphasized that the ruling was a narrow one. Nevertheless, there are reasons to think the influence of Dobbs may extend far beyond the specific constitutional issue the case addresses.

This article explains why Dobbs could have significant and unanticipated implications for the law of privacy and the law of free expression. I argue that two …

Dethroning Langdell, Beth H. Wilensky

Articles

I come not to bury the case method. I come merely to dethrone it. While the case method’s monopolistic hold on the law school classroom has loosened somewhat in recent years, it is still the dominant approach to pedagogy in many law school classrooms—and especially in the first-year law student experience. That is also true of the case method’s traditional pedagogical partners, the Socratic method and the cold call: their dominance has declined somewhat, even while they still have remarkable staying power.

This Essay identifies one fault with our continued acquiescence to these pedagogical mainstays of law school classrooms: it …