Digital Commons Network^™

Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter

Articles

Over the past fifty years, courts have developed a body of case law on patent remedies that is, in many respects, solidly grounded in economic reasoning. Among the high points are the courts’ embrace, in various contexts, of the simple principle that patent damages should restore patent owners to the position they would have occupied, but for the infringement—and of an important corollary to that principle, namely the importance to damages calculations of the “noninfringing alternatives” concept. By contrast, certain other developments—including the confusing standards for determining when it is appropriate to use the “entire market value” of a product …

The Many Faces Of Modern Legal Realism, Brian Bix

Articles

This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein, Jed Handelsman Shugerman

Articles

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …

The Banality Of Evil (?): The Strange(Ly Quiet) Careers Of Korematsu And Hirabayashi In The Federal Circuit Courts, 1943‐2016, Scott Dewey

Articles

Korematsu v. United States (1944) and Hirabayashi v. United States (1943), the most famous Supreme Court cases associated with the tragic internment of Japanese Americans during World War II, now “live in infamy”, along with the likes of Plessy v. Ferguson and Scott v. Sandford, among the worst constitutional law train-wrecks of American legal history. Ironically, American courts and judges also used the two towering internment cases for their resounding language supporting racial equality and non-discrimination. In either guise, the cases came to cast a long shadow over America’s legal landscape. Thus, it may be somewhat surprising to discover that …

Preparing Engineering Students For The Challenges Of The Sdgs: What Competences Are Required?, Una Beagon, Klara Kövesi, Brad Tabas, Bente Nørgaard, Riitta Lehtinen, Brian Bowe, Christiane Gillet, Claus Monrad Spliid

Articles

Despite the emerging discussions about the growing role of engineers in achieving the Sustainable Development Goals (SDGs), there is a lack of agreement on which competences should be prioritised to prepare engineering students to resolve future sustainability challenges. This study examined and compared the views of key stakeholders of engineering education (Academics, Employers and Students) using twelve focus groups in Denmark, Finland, France and Ireland. The findings were mapped against competences identified in previous studies to highlight gaps and opportunities for development. The results confirm the strong emphasis on normative, strategic and systems thinking competences in engineering. However, the outcomes …

Passion Projects In Law Librarianship: A Belated Tribute To Igor Kavass And His Personal Mission To Acquire And Organize U.S. International Agreements, Loren Turner

Articles

In December 2020, Oona Hathaway, Curtis Bradley, and Jack Goldsmith, law professors at Yale, Chicago, and Harvard, respectively, published their article, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, in the Harvard Law Review. The article reveals that the U.S. executive branch consistently fails to comply with federal requirements to report and publish the international agreements it makes with foreign countries. As a result, Congress and the American public regularly lack access to legal information to which they are entitled under federal law. Additionally, Hathaway, Bradley, and Goldsmith identify a particular time when our already-inadequate access …

Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang

Articles

This Article contributes to our understanding of the current state of cyber law. The global perspective demonstrates an almost uniform response to the U.S. law in cyberspace from all of America's major trading partners. In the past, comparative studies tended to focus on a single jurisdiction-typically, the European Union-and compared it with the United States. This approach, informative as it was, significantly understated the gravity of the differences between that jurisdiction and the United States. Fundamentally, it was based on an American-centric outlook with primary interests in building convergence models. In cyberspace, however, this is simply not helpful. In recent …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Vaccine Diplomacy Game: The Race For Soft Power, Isaac Antwiboasiako

Articles

This article examines the motivations and dynamics of the donors and suppliers of the covid-19 vaccines to the global south countries in the context of public diplomacy to wield soft power. Thus, it investigates how the West and East use the vaccines as a public diplomacy tool to influence public opinion in other nations or continents in order to either enhance their global image and reputation or exert some form of international influence or have new allies. The article argues that covid-19 vaccines are a soft power asset; therefore, the manufacturing nations may use them to shape their target foreign …

Rss-Based Indoor Localization System With Single Base Station, Samir Salem Al-Bawri, Mohammad Tariqul Islam, Mandeep Jit Singh, Mohd Faizal Jamlos, Adam Narbudowicz, Max Ammann, Dominique M.M.P. Schreurs

Articles

The paper proposes an Indoor Localization System (ILS) which uses only one fixed Base Station (BS) with simple non-reconfigurable antennas. The proposed algorithm measures Received Signal Strength (RSS) and maps it to the location in the room by estimating signal strength of a direct line of sight (LOS) signal and signal of the first order reflection from the wall. The algorithm is evaluated through both simulations and empirical measurements in a furnished open space office, sampling 21 different locations in the room. It is demonstrated the system can identify user’s real-time location with a maximum estimation error below 0.7 m …

Towards Exchanging Wearable-Pghd With Ehrs: Developing A Standardized Information Model For Wearable-Based Patient Generated Health Data, Abdullahi Abubakar Kawu, Dympna O'Sullivan, Lucy Hederman

Articles

Wearables have become commonplace for tracking and making sense of patient lifestyle, wellbeing and health data. Most of this tracking is done by individuals outside of clinical settings, however some data from wearables may be useful in a clinical context. As such, wearables may be considered a prominent source of Patient Generated Health Data (PGHD). Studies have attempted to maximize the use of the data from wearables including integrating with Electronic Health Records (EHRs). However, usually a limited number of wearables are considered for integration and, in many cases, only one brand is investigated. In addition, we find limited studies …

Residential Demand Side Management Model, Optimization And Future Perspective: A Review, Subhasis Panda, Sarthak Mohanty, Pravat Kumar Rout, Binod Kumar Sahu, Mohit Bajaj, Dr Hossam Zawbaa, Salah Kamel

Articles

The residential load sector plays a vital role in terms of its impact on overall power balance, stability, and efficient power management. However, the load dynamics of the energy demand of residential users are always nonlinear, uncontrollable, and inelastic concerning power grid regulation and management. The integration of distributed generations (DGs) and advancement of information and communication technology (ICT) even though handles the related issues and challenges up to some extent, till the flexibility, energy management and scheduling with better planning are necessary for the residential sector to achieve better grid stability and efficiency. To address these issues, it is …

An Image Processing Based Classifier To Support Safe Dropping For Delivery-By-Drone, Assem A. Abdelhak, Alan Hicks, Dan Moss, Susan Mckeever

Articles

Autonomous delivery-by-drone of packages is an active area of research and commercial development. However, the assessment of safe dropping/ delivery zones has received limited attention. Ensuring that the dropping zone is a safe area for dropping, and continues to stay safe during the dropping process is key to safe delivery. This paper proposes a simple and fast classifier to assess the safety of a designated dropping zone before and during the dropping operation, using a single onboard camera. This classifier is, as far as we can tell, the first to address the problem of safety assessment at the point of …

Hamiltonian Approach To Modelling Interfacial Internal Waves Over Variable Bottom, Rossen Ivanov, Calin Martin, Michail Todorov

Articles

We study the effects of an uneven bottom on the internal wave propagation in the presence of stratification and underlying non-uniform currents. Thus, the presented models incorporate vorticity (wave–current interactions), geophysical effects (Coriolis force) and a variable bathymetry. An example of the physical situation described above is well illustrated by the equatorial internal waves in the presence of the Equatorial Undercurrent (EUC). We find that the interface (physically coinciding with the thermocline and the pycnocline) satisfies in the long wave approximation a KdV–mKdV type equation with variable coefficients. The soliton propagation over variable depth leads to effects such as soliton …

Neuromatch Academy: A 3-Week, Online Summer School In Computational Neuroscience, Bernard Marius 'T Hart, Titipat Achakulvisut, Ayoade Adeyemi, Athena Akrami, Bradly Alicea, Alicia Alonso-Andres, Diego Alzate-Correa, Arash Ash, Jesus J. Ballesteros, Aishwarya Balwani, Eleanor Batty, Ulrik Beierholm, Ari S. Benjamin, Upinder Bhalla, Gunnar Blohm, Joachim C. H. Blohm, Kathryn Bonnen, Marco Brigham, Bingni W. Brunton, John Butler, Brandon Caie, N Alex Cayco Gajic, Sharbatanu Chatterjee, Spyridon Chavlis, Ruidong Chen, You Cheng, H. M. Chow, Raymond Chua, Yunwei Dai, Isaac David, Eric E. J. Dewitt, Julien Denis, Alish Dipani, Arianna Dorschel, Jan Drugowitsch, Kshitij Dwivedi, Sean Escola, Haoxue Fan, Roozbeh Farhoodi, Yicheng Fei, Pierre-Étienne Fiquet, Lorenzo Fontolan, Jeremy Forest, Yuki Fujishima, Byron V. Galbraith, Mario Galdamez, Richard Gao, Julijana Gjorgjieva, Alexander Gonzalez, Qinglong Gu, Yueqi Guo, Ziyi Guo, Pankaj K. Gupta, Busra Tugce Gurbuz, Caroline Haimerl, Jordan B. Harrod, Alexandre Hyafil, Martin Irani, Daniel Jacobson, Michelle Johnson, Ilenna Simone Jones, Gili Karni, Robert E. Kass, Hyosub Edward Kim, Andreas M. Kist, Randal Koene, Konrad Kording, Matthew R. Krause, Arvind Kumar, Norma K. Kühn, Ray Lc, Matthew L. Laporte, Junseok Lee, Songting Li, Sikun Lin, Yang Lin, Shuze Liu, Tony Liu, Jesse A. Livezey, Linlin Lu, Jakob H. Macke, Kelly Mahaffy, A. Lucas Martins, Nicolás Martorell, Manolo Martínez, Marcelo G. Mattar, Jorge Aurelio Menendez, Kenneth D. Miller, Patrick J. Mineault, Nosratullah Mohammadi, Yalda Mohsenzadeh, Elenor Morgenroth, Taha Morshedzadeh, Alice Claudia Mosberger, Madhuvanthi Muliya, Marieke Mur, John D. Murray, Yashas Nd, Richard Naud, Prakriti Nayak, Anushka Oak, Itzel Olivos Castillo, Seyedmehdi Orouji, Jorge Otero-Millan, Marius Pachitariu, Biraj Pandey, Renato Paredes, Jesse Parent, Il Memming Park, Megan A. K. Peters, Xaq Pitkow, Panayiota Poirazi, Haroon Popal, Sandhya Prabhakaran, Tian Qiu, Srinidhi Ragunathan, Raul Rodriguez-Cruces, David Rolnick, Ashish Kumar Sahoo, Saeed Salehinajafabadi, Cristina Savin, Shreya Saxena, Paul Schrater, Karen Schroeder, Alice C. Schwarze, Madineh Sedigh-Sarvestani, K. Yuvaraj Sekhar, Reza Shadmehr, Maryam M. Shanechi, Siddhant Sharma, Eric Shea-Brown, Krishna V. Shenoy, Carolina L. Shimabukuro, Sergey Shuvaev, Man Ching Alison Sin, Maurice Smith, Nicholas A. Steinmetz, Karolina Stosio, Elizabeth Straley, Gabrielle Strandquist, Carsen Stringer, Rimjhim Tomar, Ngoc Tran, Sofia Triantafillou, Lawrence Udeigwe, Davide Valeriani, Vincent Valton, Maryam Vaziri-Pashkam, Peter Vincent, Gal Vishne, Pascal Wallisch, Peiyuan Wang, Claire Ward, Michael Waskom, Kunlin Wei, Anqi Wu, Zhengwei Wu, Brad Wyble, Lei Zhang, Daniel Zysman, Federico D’Oleire Uquillas, Tara Van Viegen

Articles

No abstract provided.

Demand Side Management Of Electric Vehicles In Smart Grids: A Survey On Strategies, Challenges, Modeling, And Optimization, Sarthak Mohanty, Subhasis Panda, Shubhranshu Mohan Parida, Pravat Kumar Rout, Binod Kumar Sahu, Mohit Bajaj, Hossam Zawbaa, Nallapaneni Manoj Kumar, Salah Kamel

Articles

The shift of transportation technology from internal combustion engine (ICE) based vehicles to electricvehicles (EVs) in recent times due to their lower emissions, fuel costs, and greater efficiency hasbrought EV technology to the forefront of the electric power distribution systems due to theirability to interact with the grid through vehicle-to-grid (V2G) infrastructure. The greater adoptionof EVs presents an ideal use-case scenario of EVs acting as power dispatch, storage, and ancillaryservice-providing units. This EV aspect can be utilized more in the current smart grid (SG) scenarioby incorporating demand-side management (DSM) through EV integration. The integration of EVswith DSM techniques is hurdled …

Don't Let The Digital Tail Wag The Transformation Dog: A Digital Transformation Roadmap For Corporate Counsel, Michele M. Destefano, Tellmann P. Bjarne, Daniel Wu

Articles

Due in part to the COVID-19 pandemic, enhancements in technology, as well as shifts in the macroeconomic and socioeconomic dynamics of globalization, Digital Transformation (DT) has become an enterprise-wide imperative for most multinational companies (MNCs). As a result, legal departments are being challenged to embrace enterprise DT and start their own departmental DT journeys. Despite these trends, there is little scholarship and research about how MNC legal departments are addressing the DT challenge. How are General Counsel (GCs) currently approaching DT? Is what they are doing effective and value-accretive? And importantly, how should GCs approach DT to best generate value? …

The Sec's Climate Disclosure Rule: Critiquing The Critics, George S. Georgiev

Articles

Climate change is an existential phenomenon, which entails a wide variety of physical risks as well as sizeable but underappreciated economic risks. In March 2022, the U.S. Securities and Exchange Commission (SEC) moved to address some of the information gaps related to the effects of climate change on firms by proposing a rule that requires public companies to report detailed and standardized information about important climate-related matters for the benefit of investors and markets. Though the rule proposal was welcomed by many market participants, it was also met with a level of opposition that was unusual in both its intensity …

#Fintok And Financial Regulation, Nikita Aggarwal, Kaye D. Bondy Valdovinos, Christopher Odinet

Articles

Social media platforms are becoming an increasingly important site for consumer finance. This phenomenon is referred to as "FinTok, " a reference to the "#fintok" hashtag that often identifies financial content on TikTok, a popular social media platform. This Essay examines the new methodological possibilities for consumer financial regulation due to FinTok. It argues that FinTok content offers a novel and valuable source of data for identifying emerging fintech trends and associated consumer risks. As such, financial regulators should use FinTok content analysis and social media content analysis more broadly as an additional method for the supervision and regulation of …

Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi

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No abstract provided.

The Orkney Slew And Central Bank Digital Currencies, Jeffery Y. Zhang, Gary B. Gordon

Articles

This Article on central bank digital currencies is motivated by a parable, The Orkney Slew, which is set in an archipelago. Based on the parable, we point out a significant economic market failure that exists in the cross-border payments realm. The analysis then focuses on real-world examples and the national security concerns, including for Anti-Money Laundering/Combatting the Financing of Terrorism (AML/CFT) and the continued efficacy of U.S. sanctions, associated with the rapidly evolving digital payments landscape.

Many central banks around the world are now cooperatively experimenting with cross-border interoperability of digital currencies. These efforts are driven by the idea of …

The Dubious Constitutional Origins Of Treaty Overrides: A Response To Rosenbloom And Shaheen, Reuven Avi-Yonah

Articles

In 1888, the Supreme Court decided a case called Whitney v. Robert- son, which is generally considered to be the source of the proposition that, under the Constitution, later-in-time statutes can override earlier treaties (the Rule). The Rule is highly controversial because it violates articles 26 and 27 of the Vienna Convention on the Law of Treaties (VCLT), which the United States has accepted as binding on it as cus- tomary international law (CIL). Despite that, the United States has since Whitney routinely engaged in treaty overrides, and the Court has repeatedly endorsed the Rule even while narrowing its application …

The Beat And The Bits: Can The United States Be Sued Over The Beat?, Reuven S. Avi-Yonah

Articles

On December 21, 2020, the government of India announced that it will appeal an arbitration award of $5.6 billion issued in favor of Vodafone PLC by the Permanent Court of Arbitration (PCA) in the Hague. The award resulted from the decision of India to impose capital gains tax on Vodafone (as withholding agent) for its acquisition of a Cayman Islands subsidiary from Hutchison, which held the Indian telecommunication assets of the Hong Kong-based Hutchison group. The Indian Supreme Court had decided that no tax was due, but the Indian government passed legislation to overturn that decision retroactively. This, the PCA …

Legal Writing Mechanics: A Bibliography, Margaret Hannon

Articles

Great legal writing is about more than mechanics. But careful attention to legal writing mechanics is nevertheless critical for effective, clear, and persuasive writing. Proper grammar, usage, and correct punctuation makes analysis clearer and therefore more effective. It also shows the reader that the writer has paid close attention to detail, which makes the reader more likely to find the writer credible. Relatedly, communicating in plain language is critical to making sure that “readers can easily find what they need, understand what they find, and use that information.” And proper citation—or even better, stylish citation—helps the reader easily understand what …

Advancing Disability Rights-Based Refugee And Asylum Claims, Janet E. Lord, Elizabeth Heideman, Michael Ashley Stein

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No abstract provided.

Power Management In Hybrid Anfis Pid Based Ac–Dc Microgrids With Eho Based Cost Optimized Droop Control Strategy, T. Narasimha Prasad, S. Devakirubakaran, S. Muthubalaji, S. Srinivasan, B. Karthikeyan, R. Palanisamy, Mohit Bajaj, Hossam Zawbaa, Salah Kamel

Articles

One of the most critical operations aspects is power management strategies for hybrid AC/DC microgrids. This work presented power management in hybrid AC–DC microgrids with a droop control strategy. At first, photovoltaic, Wind, and battery are used as the power sources, which supply the power with uncertainties. The AC and DC microgrids are controlled by an Adaptive neuro-fuzzy inference system (ANFIS) controller and Proportional Integral Derivative (PID) controller. Simultaneously we calculate the running cost for photovoltaic, Wind, and Battery. Moreover, an optimizer based on the elephant herding optimization algorithm is formulated to reduce the cost price. This method utilizes two …

Attentional Influences On Neural Processing Of Biological Motion In Typically Developing Children And Those On The Autism Spectrum, Emily J. Knight, Aaron I. Krakowski, Edward G. Freedman, John Butler, Sophie Molholm, John J. Foxe

Articles

Biological motion imparts rich information related to the movement, actions, intentions and affective state of others, which can provide foundational support for various aspects of social cognition and behavior. Given that atypical social communication and cognition are hallmark symptoms of autism spectrum disorder (ASD), many have theorized that a potential source of this deficit may lie in dysfunctional neural mechanisms of biological motion processing. Synthesis of existing literature provides some support for biological motion processing deficits in autism spectrum disorder, although high study heterogeneity and inconsistent findings complicate interpretation. Here, we attempted to reconcile some of this residual controversy by …

Staff Stress And Interpersonal Conflict In Secondary Schools—Implications For School Leadership, Patrick Bruce, Carol Bruch, Victor Hrymak, Niamh Hickey, Patricia Mannix Mcnamara

Articles

The importance of school leadership and workplace stress is a recurring theme in educationbased research. The literature reports that workplace stress in teaching is a difficult matter to resolve, with mixed outcomes from interventions. The aim of this initial scoping study was to report on the experiences of school leaders with interpersonal conflict (IPC), a known cause of this workplace stress. Accordingly, a sample of twelve school leaders working in Irish post primary schools were recruited to participate in this study using semi-structured interviews. All twelve participants reported experiencing workplace stress and linked other people as a source of this …

Latcrit At Twenty-Five And Beyond - Organized Academic Activism And The Long Haul: Designing "Hybridized" Advocacy Projects For An Age Of Global Disruption, Systemic Injustice, And Bottom-Up Progress, Francisco Valdes, Steven W. Bender, Jennifer J. Hill

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On the monumental occasion of the twenty-fifth anniversary celebration of LatCrit (Latina and Latino Critical Legal Theory, Inc.) as a still thriving and persevering community of critical scholars and activists, this Article offers some reflections on where we have been, where we are now, and where we might go next together as academics and organizers of long-term collective action. Against the current disruptions of a global pandemic, aggravated by planetary climate collapse, disinformation campaigns, and the organized top-down sabotage of U.S. democracy itself, our community responses going forward must be both more democratic and decentralized than ever, as well as …

When Teachers Misgender: The Free Speech Claims Of Public School Teachers, Caroline Mala Corbin

Articles

No abstract provided.