Digital Commons Network^™

Supported Decision-Making: Potential And Challenges For Older Persons, Morgan K. Whitlatch, Rebekah Diller

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In recent years, supported decision-making (SDM) has gained traction as a recognized alternative to guardianship for persons with disabilities in the United States. To date, SDM has not been as widely recognized as an alternative for older people, particularly those struggling with cognitive decline. This paper explores some of the obstacles that have prevented SDM from being used more broadly by older people, identifies ways of surmounting some of those obstacles, and makes recommendations for ways that SDM can be used in the aging context.

A Study Of Tax Lawyers Discussing Duties, Michael Hatfield, Michelle Kwon

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This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …

The Benefits Of Integrating Statutory Construction And Analysis In A First-Year Legal Writing Course, Lauren E. Sancken, Mireille Butler

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Teaching statutory analysis to first-year law school students not only reinforces important principles of legal analysis and writing (from gaining a better understanding of the hierarchy of legal authorities to continuing to practice IRAC/CRAC methods of organization), but it also prepares students better for the actual practice of law.

The Criminal Legal System Doesn't Care About Your Mental Illness: A Review Of The Other Dr. Gilmer: Two Men, A Murder, And An Unlikely Fight For Justice Review, Fredrick Vars

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No abstract provided.

Feedback Loops: Surviving The Feedback Desert, Patrick Barry

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I ask my law students the following set of parallel questions on the very first day of “Feedback Loops,” a course I have been teaching for the past couple of years: What did you get better at last year? How do you know? What should you get better at this year? How do you know?

A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran

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This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

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Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

Anticipatory Edits, Patrick Barry

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Good writing, I often tell my students, is “anticipating the edits of your boss.” I then clarify that the definition of “boss” in that statement is intentionally expansive. A supervisor at work can count. A teacher in school can count. So can a valued customer or client. he key is to start thinking about two things: 1) the actual people who are going to review your writing; and 2) the likely changes they’ll make to it. By implementing those changes yourself— before the document ever hits your boss’s desk or inbox—you can save them a lot of time and cognitive …

The Everyday First Amendment, Leonard M. Niehoff, Thomas Sullivan

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On June 26 and June 27, 2019, some twenty contenders for the Democratic nomination for President of the United States participated in two evenings of political debate. The outsized group included Rep. Tulsi Gabbard of Hawaii, who was struggling to gain traction with voters. Shortly after the debate, while many viewers were conducting online searches to learn more about the candidates, Google temporarily suspended her campaign’s advertising account.

Google claimed that the interruption occurred because an automated system flagged unusual activity on the account. But Gabbard did not accept this explanation; she believed that Google deliberately had tried to undermine …

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

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America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

In Defense Of Its Identity, Daniel H. Halberstam, Werner Schroeder

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The Court of Justice has spoken. The Commission may now, under Regulation 2020/2092, withhold monies from Member States that do not observe the rule of law. This “budget conditionality”, if wielded smartly, should prove a powerful tool if comparative experience coaxing states through union money to follow union policies holds true in Europe. Given the limitations of national reference actions and infringement proceedings that lag behind the nefarious strategies of some governments, and the political obstacles to using Article 7 TEU, we cheer on this new tool of the Union. But we believe the urgency of rule of law concerns …

Investigative Advocacy: The Mechanics Of Muckraking, Patrick Barry

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This essay argues that drafting a complaint is a form of investigative advocacy and that the best of them uphold the tradition of muckraking journalism.

Platforms As Blackacres, Thomas E. Kadri

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While writing this Article, I interviewed a journalist who writes stories about harmful technologies. To do this work, he gathers information from websites to reveal trends that online platforms would prefer to hide. His team has exposed how Facebook threatens people's privacy and safety, how Amazon hides cheaper deals from consumers, and how Google diverts political speech from our inboxes. You'd think the journalist might want credit for telling these important stories, but he instead insisted on anonymity when we talked because his lawyer was worried he'd be confessing to breaking the law-to committing the crime and tort of cyber-trespass. …

Disarmament, Demobilization, And Reintegration In Colombia: Lost Human Rights Opportunities For Ex-Combatants With Disabilities, Minerva Rivas Velarde, Janet E. Lord, Michael Ashley Stein, Thomas Shakespeare

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This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combatants with disabilities from available opportunities for their social, economic, and political reintegration. We conclude that a better understanding of the disabling impact of conflict and the exp

Willard Hurst, Technological Changes, And The Transformation Of American Public Law, William J. Novak

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As Sociobiologist E.O. Wilson once famously framed the “problem of humanity”: “We have paleolithic emotions; medieval institutions; and god-like technology.” America’s greatest philosopher John Dewey similarly placed this yawning gap between rapidly expanding technological change and slowly evolving human emotions and institutions at the heart of what he called The Public and Its Problems. Indeed, Dewey traced the origins of the modern American state as well as what he termed “the Great Society” to the new and modern technologies in production and commerce and steam and electricity that “resulted in a social revolution.” Without warning, Dewey argued, traditional local communities …

Accessible Design Is Mediated By Job Support Structures And Knowledge Gained Through Design Career Pathways, Sarah Andrew, Garreth W. Tigwell

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Digital designers often do not make their work accessible (e.g., websites failing criteria set by the W3C's Web Content Accessibility Guidelines), and accessible design research discusses many solutions to address this problem (e.g., teaching accessibility within university design and technical courses). However, prior research in this area typically does not acknowledge whether recommendations and resources to support accessible design are suitable for all digital designers due to different training pathways and job support structures (e.g., large-company vs. rural and self-employed designers or designers who learned their skills outside of formal education settings). We interviewed 20 digital designers from rural and …

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

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American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …

Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini

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This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

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Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”^[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …

The Hidden Harms Of Privacy Penalties, Mary D. Fan

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How to frame privacy penalties to protect our personal information is an important question as demands for legislation and proposals proliferate. The predominant assumption in calls for a comprehensive consumer privacy regime is that regulation and penalties arm the consumer David against Goliath businesses. Missing in the focus on powerful companies is attention to the potential harms of expanding privacy penalties for small-fry individuals and entities, especially from disfavored or marginalized groups. This article is the first to illuminate the regressive risks of privacy penalties, showing how broad privacy penalties can become tools for harassment of small businesses and individuals …

Unravelling Inventorship, Toshiko Takenaka

Articles

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventorto- file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …

The Injustice Of 1.5°C–2°C: The Need For A Scientifically Based Standard Of Fundamental Rights Protection In Constitutional Climate Change Cases, Andrea K. Rodgers, Lauren E. Sancken, Jennifer Marlow

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In 2015, signatories to the Paris Agreement agreed to the goal of keeping global temperature rise this century to well below 2°C above preindustrial levels and to pursue efforts to limit the temperature increase even further to 1.5°C. Although the adoption of the Paris Agreement was in many ways a political triumph, seven years later many climate advocates are presenting the Paris target to judicial bodies as the de facto legal standard for fundamental rights protection in climate change cases. Yet, the history leading up to the signatories’ ultimate adoption of the Paris Agreement target suggests that the target is …

Modeling Through, Ryan Calo

Articles

Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers cannot see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.

Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article …

Chapter Eight - Technology And The Law: The Automobile (By James Willard Hurst), Bj Ard, William J. Novak

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In this chapter we are going to talk about some of the automobile effects that it has had. Upon the law, and some of the effects that the law has had upon the automobile. We could undoubtedly open up some worthwhile lines of thought, if we talked about the automobile in relation to, certain brooder problems of which it is a part: for example, the effects of the internal combustion the growth engine, or of all types of communication. But we shall have enough on our hands if we stick to the automobile, and even so in the limits of …

Examining The Size Of The Latent Space Of Convolutional Variational Autoencoders Trained With Spectral Topographic Maps Of Eeg Frequency Bands, Taufique Ahmed, Luca Longo

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Electroencephalography (EEG) is a technique of recording brain electrical potentials using electrodes placed on the scalp [1]. It is well known that EEG signals contain essential information in the frequency, temporal and spatial domains. For example, some studies have converted EEG signals into topographic power head maps to preserve spatial information [2]. Others have produced spectral topographic head maps of different EEG bands to both preserve information in The associate editor coordinating the review of this manuscript and approving it for publication was Ludovico Minati . the spatial domain and take advantage of the information in the frequency domain [3]. …

Advancing Competency In Managing Risk And Knowledge: Steps Toward Operationalisation Of The Risk-Knowledge Infinity Cycle (Rki Cycle) - Part 1: Improving Effectiveness Of Risk-Based Decision Making (Rbdm), Martin Lipa, Paige Kane, Anne Greene

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To date, literature on the Risk-Knowledge Infinity Cycle (RKI Cycle) has mainly been theoretical. This paper series intent is to focus on the operationalisation of the RKI Cycle by describing a series of steps – the “How to” – for RKI Cycle deployment, to help move the RKI Cycle from theory to practice. The first paper in this series focuses on how the RKI Cycle can support effective Risk-Based Decision Making (RBDM).

Impacts Of Covid-19 Lockdown On Private Domestic Groundwater Sample Numbers, E. Coli Presence And E. Coli Concentration Across Ontario, January 2020–March 2021: An Interrupted Time-Series Analysis, T. Latchmore, S. Lavallee, Martin Boudou, K. Mcdermott, R. S. Brown, Paul Hynds, Anna Majury

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Approximately 1.5 million individuals in Ontario are supplied by private water wells (private groundwater supplies). Unlike municipal supplies, private well water quality remains unregulated, with owners responsible for testing, treating, and maintaining their own water supplies. The COVID-19 global pandemic and associated non-pharmaceutical interventions (NPIs) have impacted many environmental (e.g., surface water and air quality) and human (e.g., healthcare, transportation) systems over the past 15-months (January 2020 to March 2021). To date, the impact of these interventions on private groundwater systems remains largely unknown. Accordingly, the current study aimed to investigate the impact of a province-wide COVID-19 lockdown (late-March 2020) …

Telehealth Delivery Of A Multi-Disciplinary Rehabilitation Programme For Upper Gastro-Intestinal Cancer: Restore@Home Feasibility Study, Louise Brennan, Fatemeh Sadeghi, Linda O'Neill, Emer Guinan, Laura Smith, Graine Sheill, Suzanne Doyle, Claire M. Timon, Deirdre Connolly, Jacintha O'Sullivan, John V. Reynolds, Juliette Hussey

Articles

Advances in diagnosis and the treatment for upper gastro-intestinal (UGI) cancers have led to improved survival rates and, consequently, to a larger population of survivors of many types of UGI cancer [1,2]. Progress in survivorship care for UGI cancer remains poor, and many survivors experience ongoing negative physical and psychosocial impacts of treatment, which can have profound and long-term impacts on physical function and quality of life (QOL) [3,4]. At one year post-op, 40% of survivors report poor physical function, and significant reductions in walking distance, cardiorespiratory fitness and muscle strength are observed, along with a high prevalence of fatigue …

Charge Transfer Mediated Triplet Excited State Formation In Donor-Acceptor-Donor Bodipy: Application For Recording Of Holographic Structures In Photopolymerizable Glass, Tatsiana Mikulchyk, Safakath Karuthedath, Catherine S.P. De Castro, Andrey A. Buglak, Aimee Sheehan, Aaron Wieder, FréDéRic Laquai, Izabela Naydenova, Mikhail Filatov

Articles

Donor–acceptor–donor BODIPY triads bearing anthracene or pyrene as electron donating subunits were prepared through a stepwise synthesis. Photoinduced electron transfer and formation of long-lived triplet excited states via spin–orbit charge transfer intersystem crossing (SOCT-ISC) was studied by steady-state and ultrafast pump-probe spectroscopy and further supported by DFT computations. New BODIPYs were found to form triplet states and sensitize singlet oxygen in both polar and non-polar solvents which is unusual for photosensitizers operating via SOCT-ISC. BODIPY-anthracene triad (ABA) was used as a photosensitizer component in a photopolymerizable glass that was prepared by a four-step sol–gel process. ABA in combination with N …

Towards Plasmon Mapping Of Sers-Active Ag Dewetted Nanostructures Using Spels, Mohamed Beshr, E. Dexter, Paul E. Tierney, Aidan Meade, Shane Murphy, George Amarandei

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Thermal dewetting of silver thin flm can lead to SERS-active Ag nanoparticles. Here, we report our progress towards using scanning probe energy loss spectroscopy (SPELS) to map the plasmonic behaviour of SERS-active Ag nanoparticles (NP) by investigating NPs produced through the dewetting study of Ag thin flms on SiO2/Si and Ti/SiO2/Si substrates. The nanoparticles size and spatial distribution were controlled by the deposition and thermal annealing parameters. The results of preliminary SPELS measurements of these structures, alongside SERS data show that there is a correlation between the Raman enhancement and the nanoparticle size and interparticle spacing.