Digital Commons Network^™

Discovering Racial Discrimination By The Police, Alison Siegler

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No abstract provided.

Remixing Resources, Lee Fennell

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No abstract provided.

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

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No abstract provided.

Who Conquers With This Sign? The Significance Of The Secularization Of The Bladensburg Cross, Mary Anne Case

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No abstract provided.

Delegation Of Powers: A Historical And Functional Analysis, Richard Epstein

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No abstract provided.

Do Legal Origins Predict Legal Substance?, Anu Bradford, Yun-Chien Chang, Adam Chilton, Nuno Garoupa

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There is a large body of research in economics and law suggesting that the legal origin of a country that is, whether its legal regime is based on English common law or French, German, or Nordic civil law--profoundly impacts a range of outcomes. However, the exact relationship between legal origin and legal substance has been disputed in the literature and not fully explored with nuanced legal coding. We revisit this debate while leveraging novel cross-country datasets that provide detailed coding of two areas of laws: property and antitrust. We find that having shared legal origins strongly predicts whether countries have …

Property Law For The Ages, Michael Pollack, Lior Strahilevitz

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No abstract provided.

Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi

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No abstract provided.

Second Look = Second Chance: Turning The Tide Through Nacdl's Model Second Look Legislation, Janeanne Murray, Sean Hecker, Michael Skocpol, Marissa Elkins

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No abstract provided.

Macdl Weighs In On The Most Consequential Pardon Case In 125 Years, Janeanne Murray

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No abstract provided.

Legislative Administration, Maria Ponomarenko

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A distinct feature of local administrative practice is that many of the entities responsible for “administering” various statutory schemes are not in fact agencies at all. In jurisdictions large and small, local legislative bodies, including municipal councils and county boards, engage in a great deal of “administrative” activity. They grant permits, approve zoning variances, and hear disciplinary appeals. And in performing these functions they, at least in theory, are subject to the same procedural requirements and substantive standards of review that would apply if the decisions were made instead by an administrative entity. The problem, as courts occasionally have recognized, …

Early Repayment Of Loans Under Eu Law: The Lexitor Judgment, Enrico Baffi, Francesco Parisi

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Recent changes in EU law provide flexibility and protection to consumers, facilitating early repayment of loans, when the consumer is no longer interested in continuing a credit relationship. From an economic point of view, early repayment of loans should be facilitated, because it allows money that is no longer needed to be put to other desirable uses. Under current EU law, as recently interpreted in the Lexitor judgment by the Court of Justice of the European Union, upon early repayment of a loan, consumers can obtain a pro-rated reimbursement of all the up-front and recurring costs of the loan, including …

Judicial Restoration Of Rights As An Auxiliary To The Pardon Power, Janeanne Murray

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No abstract provided.

Exploring Sports Nutrition Knowledge In Elite Gaelic Footballers, Luke O'Brien, Kieran Collins, Farzad Amirabdollhian

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Nutrition intake plays a crucial role in improving athletic performance, enhancing adaptations to training, and augmenting recovery from exercise. However, research has reported that Gaelic footballers consistently fail to meet energy and carbohydrate recommendations. Sports nutrition knowledge (SNK) can influence the dietary intake of athletes, and therefore has the potential to have a significant impact on athletic performance. The aim of this study was to investigate the current level of SNK in elite Gaelic footballers (n = 100). An online version of the Nutrition for Sport Knowledge Questionnaire (NSKQ) was used to assess sports SNK. The overall mean SNK scores …

From Protecting Water Quality To Protecting States’ Rights: Fifty Years Of Supreme Court Clean Water Act Statutory Interpretation, Stephen M. Johnson

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In 1972, a bipartisan Congress enacted the Clean Water Act “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Almost fifty years have passed since Congress enacted the law, and during that time, the Supreme Court has played a significant role in the administration and evolution of the law. Since the dawn of the environmental era in the 1970s, the Supreme Court has heard more cases involving the Clean Water Act than any other environmental law. However, the manner in which the Court has analyzed the law has changed substantially over the last half century. …

A Step Closer To Elastogenesis On Demand; Inducing Mature Elastic Fibre Deposition In A Natural Biomaterial Scaffold, Francisco R. Almeida-González, Arlyng González-Vázquez, Suzanne M. Mithieux, Fergal J. O'Brien, Anthony S. Weiss, Claire Brougham

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Elastic fibres play a key role in bodily functions where fatigue resistance and elastic recovery are necessary while regulating phenotype, proliferation and migration in cells. While in vivo elastic fibres are created at a late foetal stage, a major obstacle in the development of engineered tissue is that human vascular smooth muscle cells (hVSMCs), one of the principal elastogenic cells, are unable to spontaneously promote elastogenesis in vitro. Therefore, the overall aim of this study was to activate elastogenesis in vitro by hVSMCs seeded in fibrin, collagen, glycosaminoglycan (FCG) scaffolds, following the addition of recombinant human tropoelastin. This combination …

Labor’S New Localism, Andrew Elmore

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Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ("NLRA") does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization …

Eye-Tracking As A Window Into Assembled Phonology In Native And Non-Native Reading, Katherine I. Martin, Alan Juffs

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The past 30 years of reading research has confirmed the importance of bottom-up processing. Rather than a psycholinguistic guessing game (Goodman, 1967), reading is dependent on rapid, accurate recognition of written forms. In fluent first language (L1) readers, this is seen in the automatic activation of a word’s phonological form, impacting lexical processing (Perfetti & Bell, 1991; Rayner, Sereno, Lesch & Pollatsek, 1995). Although the influence of phonological form is well established, less clear is the extent to which readers are sensitive to the possible pronunciations of a word (Lesch & Pollatsek, 1998), …

Equality And Sufficiency In Health Care Reform, Gabriel Scheffler

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Most Americans believe that health care is a right, not a privilege. Yet debates over health care reform frequently fail to distinguish between two distinct conceptions of the right to health care: one which focuses on sufficient access to health care-what I refer to as the Right to a Decent Minimum-and a second which focuses on equality in access to health care what I refer to as the Right to Equal Access. These two conceptions of the right to health care in turn support two distinct categories of proposals for expanding health insurance coverage. The Right to Equal Access justifies …

The Perpetuation Of Stereotypes In Croatian Public Discourse: “Autistic” As A Pejorative, Jakob Patekar

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The way people are spoken or written about has a critical role in how they are perceived, and this in turn influences how they are positioned within a society – belonging to its core, the majority, or being relegated to the margins, the minority. Various authors have reflected on the role of language in dehumanizing, oppressing, and discriminating certain groups, be it the Jewish citizens during the Nazi regime in Germany, the Tutsi in the Rwandan genocide of 1994, black people in the United States since 1619, women throughout history, or gay and disabled people today, to name a few …

Reconsidering Ross: The Interplay Of Aedpa, Criminal Appeals, And The Right To Counsel, Kimberly A. Thomas

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This piece highlights features of our current law that converge to say that we should reconsider Ross: (1) the utility of counsel on discretionary review, which has been underexplored, both before and after Ross; (2) the increased importance, in modern criminal law, of direct appeals; and relatedly, the U.S. Supreme Court’s interpretation of AEDPA that has moved most of the significant windows for substantive criminal law change into the direct appeal; and, finally, (3) perhaps an increased sliver of doctrinal sunlight in which to think about chipping away at Ross. Given the first two developments, the possible window to think …

Respecting Autonomy And Enabling Diversity: The Effect Of Eligibility And Enrollment On Research Data Demographics, Kayte Spector-Bagdady, Shengpu Tang, Sarah Jabbour, Nicholson Price, Ana Bracic, Melissa S. Creary, Sachin Kheterpal, Chad M. Brummett, Jenna Wiens

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Many promising advances in precision health and other Big Data research rely on large data sets to analyze correlations among genetic variants, behavior, environment, and outcomes to improve population health. But these data sets are generally populated with demographically homogeneous cohorts. We conducted a retrospective cohort study of patients at a major academic medical center during 2012–19 to explore how recruitment and enrollment approaches affected the demographic diversity of participants in its research biospecimen and data bank. We found that compared with the overall clinical population, patients who consented to enroll in the research data bank were significantly less diverse …

Are We There Yet? Discovery For The New Litigator, Erin Rhinehart, Leonard M. Niehoff

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If the road is life, then discovery is litigation. It is how we reach our destination. Unfortunately, discovery is like getting there with someone in the backseat.

Anyone who has ever traveled with passengers, especially children, knows how it plays out. In the beginning, everybody is excited. Everyone gleefully piles into the car, eager to launch. No one has any trouble amusing themselves. A couple hours in, a bathroom break and gas station snack later, it hits. The adrenaline wears off and the tedium kicks in. And then you hear the dreaded cry coming from the rear: Are we there …

The Energy Transition And Mining: Reconciling The Growth Of Renewable Energy With The Need For New Mineral Development, Alexandra B. Klass, Allison J. Mitchell

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Under the Paris Agreement, the global governmental signatories embraced the goal to hold global average temperature increase to “well below 2°C above pre-industrial levels” while “pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.” Almost every country in the world signed on to the Paris Agreement, adopting the prevailing science that anthropocentric greenhouse gas emissions would result in rising global temperatures and catastrophic damages from climate change in the absence of immediate action. In pursuit of this goal, the signatories agreed that all member countries would work together to bring greenhouse gas emissions to zero within the …

Rees/Aaee Special Focus On Ethics: Introduction By Guest Editor, Shannon Chance, Shannon Chance

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Today, more than ever, we see the significance of ethics in developing and sustaining the built, social, and natural environments around us. We also recognise the need to develop engineering students’ knowledge, skills, and values regarding engineering, innovation, design, production, and the like. Engineers’ actions can have intended as well as unintended consequences, and we as a community need to become more aware of the outcomes and implications of our work. In response to the many topics presented at the REES 2019, the REEN Board selected ethics as the focus for this special issue and joined with AAEE to publish …

Five-Wave Resonances In Deep Water Gravity Waves: Integrability, Numerical Simulations And Experiments, Dan Lucas, Marc Perlin, Dian-Yong Liu, Shane Walsh, Rossen Ivanov, Miguel D. Bustamante

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In this work we consider the problem of finding the simplest arrangement of resonant deep water gravity waves in one-dimensional propagation, from three perspectives: Theoretical, numerical and experimental. Theoretically this requires using a normal-form Hamiltonian that focuses on 5-wave resonances. The simplest arrangement is based on a triad of wave vectors K₁ + K₂ = K₃ (satisfying specific ratios) along with their negatives, corresponding to a scenario of encountering wave packets, amenable to experiments and numerical simulations. The normal-form equations for these encountering waves in resonance are shown to be non-integrable, but they admit an integrable reduction …

Climate Change Impacts On Wind Energy Generation In Ireland, Eadaoin Doddy Clarke, Conor Sweeney, Frank Mcdermott, Seánie Griffin, Joao Monteiro Correia, Paul Nolan, Laura Cooke

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An ensemble of high-resolution regional climate model simulation data is used to examine the impacts of climate change on offshore and onshore wind energy genera- tion in Ireland. Two Representative Concentration Pathway (RCP) scenarios (RCP 4.5 and 8.5) are analysed for the mid-term (2041–2060) and the long-term (2081–2100) future. Wind energy is projected to decrease (≤2%) overall in future climate scenarios. Changes are evident by mid-century and are more pronounced by late 21st century, particularly for RCP 8.5 offshore. Seasonally, wind energy is projected to decrease by less than 6% in summer and to increase slightly in winter (up to …

Climate-Induced Human Displacement And Conservation Lands, Jessica Owley

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As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …

Government Speech And First Amendment Capture, Caroline Mala Corbin

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Alarm regarding government speech is not new. In earlier decades, scholars worried that the government's speech might monopolize a marketplace and drown out opposing viewpoints. But today, using a move I term "First Amendment capture," the government need not be the loudest speaker because it can become the only speaker. First Amendment capture has been made possible by the Supreme Court's developing government speech doctrine, which holds that government speech is not subject to the Free Speech Clause. Consequently, once speech is declared governmental, the government may censor viewpoints it does not like. First Amendment capture categorizing contested speech as …

A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia Gonzalez

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No abstract provided.