Digital Commons Network^™

Federalism By Deception: The Implied Limits On Congressional Power, Bryan K. Fair

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The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.

Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman

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As society grows to understand the need to promote innovation, policymakers try to employ an arsenal of policy tools, from traditional intellectual property ("JP") to newer tools such as grants, regulatory vouchers, and prizes. This Article argues that these frameworks crowd out certain types of investments in innovation projects that have a high social value. Vaccine innovation is a case in point. Despite the immense socioeconomic benefit of vaccines, existing policies have been limited in fostering investments in this space. This is because they fail to directly address the relevant bottleneck issues distinct to vaccine development.

This Article offers a …

Alienating Criminal Procedure, Amy F. Kimpel

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No abstract provided.

Are Children's Rights Enough?, Clare Ryan

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No abstract provided.

Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray

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No abstract provided.

What We Do In The Shadows: Dual Industrial Policy During The Thatcher Governments, 1979–1990, Richard Woodward, James Silverwood

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Selective industrial policy in the United Kingdom is conventionally believed to have vanished prior to the global financial crisis. This article, in contrast, argues that industrial policy remained an intrinsic, if seldom acknowledged, element of neoliberal statecraft. The basis of this is a subterfuge, conceptualised here as a ‘dual industrial policy’, which we explore via an empirical focus on the Thatcher governments. Throughout this time, actions explicitly endorsed by governments as industrial policy generally corresponded with neoliberalism’s hostility to intervention. These conveniently distracted attention from a second set of policies which, although never codified by government as industrial policy, were …

Exploring Pedagogic And Practical Intersections Of Academic Writing Support For Students In Higher Education, Maria-Jose Gonzalez, Roisin Donnelly

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This case study explores undergraduate and postgraduate student perceptions of the nature and effectiveness of academic writing provision and practice in a university in Ireland. Its focus isthe Academic Writing Centre (AWC), a university-wide initiative to support all students. It discusses students’ perceptions as to the academic writing support provided at the AWC and students’ preferred writing strategies. The research design used a qualitative approach to gather data on students’ perceptions of the academic writing support received at one-to-one consultations. Data was gathered via a student survey (n=21) sent to all students who avail of the AWC’s one-to-one support. Findings …

Investigating How Speech And Animation Realism Influence The Perceived Personality Of Virtual Characters And Agents, Sean A. Thomas, Ylva Ferstl, Rachel Mcdonnell, Cathy Ennis

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The portrayed personality of virtual characters and agents is understood to influence how we perceive and engage with digital applications. Understanding how the features of speech and animation drive portrayed personality allows us to intentionally design characters to be more personalized and engaging. In this study, we use performance capture data of unscripted conversations from a variety of actors to explore the perceptual outcomes associated with the modalities of speech and motion. Specifically, we contrast full performance-driven characters to those portrayed by generated gestures and synthesized speech, analysing how the features of each influence portrayed personality according to the Big …

Home Energy Management System Considering Effective Demand Response Strategies And Uncertainties, Marcos Tostado-Véliz, Paul Arévalo, Salah Kamel, Hossam Zawbaa, Francisco Jurado

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Nowadays, load serving entities require more active participation from consumers. In this context, demand response programs and home energy management systems play a crucial role in achieving multiple goals such as peak clipping. However, the adoption of demand response initiatives typically has a negative impact on the monetary expenditures of the users. This way, a demand response program should be as effective as possible to make the different goals more easily achievable without compromising the financial requirements of the users. This paper develops a home energy management system that incorporates three novel effective demand response strategies. The effectiveness of the …

Applied Sport Science Of Gaelic Football: A Review, Eoghan Boyle, Shane Mangan, Dominic Doran, Kieran Collins

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The current review focuses on Gaelic football literature providing an insight into the physical characteristics of players, the demands of match-play, the injury profile, and nutritional considerations within the game. Since the first review of Gaelic football in 2001, an increased understanding of match dynamics has taken place through the application of movement analysis technology. In recent years, the evolution of the application of sport science provisions within Gaelic football has increased. This has resulted in researchers attempting to bridge the gap between the scientific laboratory and the applied practitioner. Overall, intermittent aerobic fitness remains important during competition, along with …

Role Of Courts In Ensuring Water Justice In India: Brasilia Declaration On Water Justice And Beyond, Gayathri D. Naik

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Water being a scarce resource, questions of its allocation and distribution, coupled with concerns of its depletion have troubled policy makers, legislators, and judges alike. While, over the years there has been significant development on the discussion surrounding the rights-duty paradigm of water resources, by establishing the obligation of states, discussion surrounding a certain value-based approach to guide the minds of important stakeholders in creating and enforcing policy has gained far less traction comparatively. It is in this context that this paper explores an alternative justice-based approach to water, drawing from the works of Amartya Sen on capabilities and more …

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

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The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Responding To Mass, Computer-Generated, And Malattributed Comments, Steven J. Balla, Reeve Bull, Bridget C.E. Dooling, Emily Hammond, Michael A. Livermore, Michael Herz, Beth Simone Noveck

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A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decisionmaking. It is not unheard of for agencies to receive millions of comments on rulemakings; often these comments are received as part of organized mass comment campaigns. In some rulemakings, questions have been raised about whether public comments were submitted under false names, or were automatically generated by computer “bot” programs. In this Article, we examine whether and to what extent such submissions are problematic and make recommendations for how rulemaking agencies …

Intragovernmental Speech And Sanction, Katherine A. Shaw

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This Essay, prepared as part of a symposium on Professor Helen Norton’s The Government’s Speech and the Constitution, asks what role, if any, we should understand the Constitution to play in mediating disputes over speech between and among government entities. Focusing on the examples of impeachment and censure, the piece considers scenarios in which one arm of government takes action in response to the speech of another arm or entity of government, exploring what role the Constitution should play in shaping or constraining those responses.

Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein

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The advent of mobile devices and digital media platforms in the past decade represents the biggest shock to cognition in human history. Robust medical evidence is emerging that digital media platforms are addictive and, when used in excess, harmful to users’ mental health. Other types of addictive products, like tobacco and prescription drugs, are heavily regulated to protect consumers. Currently, there is no regulatory structure protecting digital media users from these harms. Antitrust enforcement and regulation that lowers entry barriers could help consumers of social media by increasing competition. Economic theory tells us that more choice in digital media will …

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

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Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
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Moonshots, Matthew Wansley

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In the last half-century, technological progress has stagnated. Rapid advances in information technology disguise the slow pace of productivity growth in other fields. Reigniting technological progress may require firms to invest in moonshots—long-term projects to commercialize innovations. Yet all but a few giant tech firms shy away from moonshots, even when the expected returns would justify the investment. The root of the problem is corporate structure. The process of developing a novel technology does not generate the kind of interim feedback that shareholders need to monitor managers and managers need to motivate employees. Managers who anticipate these agency problems invest …

Post-Grant Adjudication Of Drug Patents: Agency And/Or Court?, Arti K. Rai, Saurabh Vishnubhakat, Jorge Lemus, Erik Hovenkamp

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The America Invents Act of 2011 (AIA) created a robust administrative system-the Patent Trial and Appeal Board (PTAB)-that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that administrative adjudication of the validity of initial patent grants could be cheaper and more scientifically accurate than district court adjudication of such validity.

For private economic value per patent, few areas of technology can match the biopharmaceutical industry. This is particularly true for small-molecule drugs. A billion-dollar drug monopoly may be protected from competition by a relatively small number of patents. Accordingly, the social cost …

Generalized Regression Neural Network And Fitness Dependent Optimization: Application To Energy Harvesting Of Centralized Teg Systems, Adeel Feroz Mirza, Syed Kamran Haider, Abbas Ahmed, Ateeq Ur Rehman, Muhammad Shafiq, Mohit Bajaj, Hossam Zawbaa, Pawel Szczepankowski, Salah Kamel

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The thermoelectric generator (TEG) system has attracted extensive attention because of its applications in centralized solar heat utilization and recoverable heat energy. The operating efficiency of the TEG system is highly affected by operating conditions. In a series-parallel structure, due to diverse temperature differences, the TEG modules show non-linear performance. Due to the non-uniform temperature distribution (NUTD) condition, several maximum power points (MPPs) appear on the P/V curve. In multiple MPPs, the true global maximum power points (GMPP) are very important for optimum action. The existing conventional technologies have slow tracking speed, low productivity, and unwanted fluctuations in voltage curves. …

A Qualitative Analysis Of A Caregivers’ Experience Of Complementary Feeding In A Population Of Native Hawaiian, Other Pacific Islander And Filipino Infants: The Timing Of The Introduction Of Complementary Foods, And The Role Of Transgenerational Experience, Kara Mulville, Jessie Kai, John Kearney, Jacqueline Ng-Osorio, Carol J. Boushey, Marie K. Fialkowski

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The aim of this study was to investigate caregivers’ experiences of complementary feeding (CF) among the Native Hawaiian and Other Pacific Islander (NHPI), and Filipino populations. Research focused on the timing of CF commencement, and the influence of transgenerational experience on feeding practices. The experiences and practices of those who fed human milk exclusively (HME), were compared to those who included infant formula (F&HM). Caregivers of a subset of 32 infants who were participating in a larger longitudinal study relating to CF and diet diversity, took part in voluntary in-depth interviews relating to CF practices. Interviews were recorded and transcribed. …

Bias Impedes Progress In Physical Biology, Consciousness Studies And Quantum Gravity, Maurice Goodman

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If scientists hope to make progress in consciousness studies they needs to accept that biased judgments have a major influence on the sciences, how we divide them up, how they are funded and this, in turn, has a profound impact on progress. The imbalance in funding, resulting from bias, in favour of the life and health sciences needs to be addressed as does why perversely little of this funding is devoted to a physics explanation of self-organisation and life on the mesoscopic scale? While life (the cell) is an outstanding example of self-organisation on the mesoscopic scale we need to …

Using Feature Selection With Machine Learning For Generation Of Insurance Insights, Ayman Taha, Bernard Cosgrave, Susan Mckeever

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Insurance is a data-rich sector, hosting large volumes of customer data that is analysed to evaluate risk. Machine learning techniques are increasingly used in the effective management of insurance risk. Insurance datasets by their nature, however, are often of poor quality with noisy subsets of data (or features). Choosing the right features of data is a significant pre-processing step in the creation of machine learning models. The inclusion of irrelevant and redundant features has been demonstrated to affect the performance of learning models. In this article, we propose a framework for improving predictive machine learning techniques in the insurance sector …

Does Information And Communication Technology Impede Environmental Degradation? Fresh Insights From Non-Parametric Approaches, Tomiwa Sunday Adebayo, Ephraim Bonah Agyekum, Mehmet Altuntas, Sadriddin Khudoyqulov, Hossam Zawbaa, Salah Kamel

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Although ICT has played a critical role in the socio-economic growth of human cultures, it has also brought with it significant environmental risks. Nevertheless, scholars remain divided on this topic; some believe that ICT has had a positive influence on the quality of the environment, while others believe that ICT has created major environmental issues. Hence, this research is another effort to assess the effects of ICT on CO2 emissions in the top 10 ICT nations (Denmark, Japan, Luxemburg, South Korea, Netherlands, Iceland, Norway, Sweden, Switzerland, and the United Kingdom) using a dataset from the period between 1986Q1 and 2019Q4. …

Human Mental Workload: A Survey And A Novel Inclusive Definition, Luca Longo, Christopher D. Wickens, Gabriella Hancock, P.A. Hancock

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Human mental workload is arguably the most invoked multidimensional construct in Human Factors and Ergonomics, getting momentum also in Neuroscience and Neuroergonomics. Uncertainties exist in its characterization, motivating the design and development of computational models, thus recently and actively receiving support from the discipline of Computer Science. However, its role in human performance prediction is assured. This work is aimed at providing a synthesis of the current state of the art in human mental workload assessment through considerations, definitions, measurement techniques as well as applications, Findings suggest that, despite an increasing number of associated research works, a single, reliable and …

Towards An Inclusive Co-Design Toolkit: Perceptions And Experiences Of Co-Design Stakeholders, Eamon Aswad, Emma Murphy, Claudia Fernandez-Rivera, Sarah Boland

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Participatory design holds great potential for the creation of inclusive technology but existing toolkits and resources to support co-design are not always accessible to designers and co-designers with disabilities. In this paper we present two studies to assist in facilitating the creation of a sustainable, accessible, inclusive co-design toolkit for individuals with intellectual disabilities i) exploration of the perceptions and experiences of lecturers (n =5) and students (n= 5) involved in co-design activities via individual interviews and ii) a protocol and initial findings from focus groups with men and women with intellectual disabilities to inform on best co-design practices (n=15). …

Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalie Jimenez, Christopher K. Odinet

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As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …

The Evolution Of The Internet And Social Media: A Literature Review, Charles Alves De Castro, Isobel O'Reilly Dr, Aiden Carthy

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This article reviews and analyses factors impacting the evolution of the internet, the web, and social media channels, charting historic trends and highlight recent technological developments. The review comprised a deep search using electronic journal databases. Articles were chosen according to specific criteria with a group of 34 papers and books selected for complete reading and deep analysis. The 34 elements were analysed and processed using NVIVO 12 Pro, enabling the creation of dimensions and categories, codes and nodes, identifying the most frequent words, cluster analysis of the terms, and creating a word cloud based on each word's frequency. The …

Evaluating Technology-Mediated Collaborative Workflows For Telehealth, Christopher Bondy Ph.D., Pengcheng Shi, Pamela Grover Md, Vicki Hanson, Linlin Chen, Rui Li

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Goals: This paper discusses the need for a predictable method to evaluate gains and gaps of collaborative technology-mediated workflows and introduces an evaluation framework to address this need. Methods: The Collaborative Space Analysis Framework (CS-AF), introduced in this research, is a cross-disciplinary evaluation method designed to evaluate technology-mediated collaborative workflows. The 5-step CS-AF approach includes: (1) current-state workflow definition, (2) current-state (baseline) workflow assessment, (3) technology-mediated workflow development and deployment, (4) technology-mediated workflow assessment, (5) analysis, and conclusions. For this research, a comprehensive, empirical study of hypertension exam workflow for telehealth was conducted using the CS-AF approach. Results: The CS-AF …

A Framework Of Web-Based Dark Patterns That Can Be Detected Manually Or Automatically, Ioannis Stavrakakis, Andrea Curley, Dympna O'Sullivan, Damian Gordon, Brendan Tierney

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This research explores the design and development of a framework for the detection of Dark Patterns, which are a series of user interface tricks that manipulate users into actions that they do not intend to do, for example, share more data than they want to, or spend more money than they plan to. The interface does this using either deception or other psychological nudges. User Interface experts have categorized a number of these tricks that are commonly used and have called them Dark Patterns. They are typically varied in their form and what they do, and the goal of this …

On The Documentation Of Refactoring Types, Eman Abdullah Alomar, Jiaqian Liu, Kenneth Addo, Mohamed Wiem Mkaouer, Christian D. Newman, Ali Ouni, Zhe Yu

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Commit messages are the atomic level of software documentation. They provide a natural language description of the code change and its purpose. Messages are critical for software maintenance and program comprehension. Unlike documenting feature updates and bug fixes, little is known about how developers document their refactoring activities. Specifically, developers can perform multiple refactoring operations, including moving methods, extracting classes, renaming attributes, for various reasons, such as improving software quality, managing technical debt, and removing defects. Yet, there is no systematic study that analyzes the extent to which the documentation of refactoring accurately describes the refactoring operations performed at the …