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Articles 1141 - 1170 of 8390
Full-Text Articles in Entire DC Network
Does Interest Convergence Today Offer Opportunities For The Working Class, Much As It Did For Minorities In The Fifties And Sixties?: A Comment On Spencer Bowley, Richard Delgado, Jean Stefancic
Does Interest Convergence Today Offer Opportunities For The Working Class, Much As It Did For Minorities In The Fifties And Sixties?: A Comment On Spencer Bowley, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
The Folklore Of Unfairness, Luke Herrine
The Folklore Of Unfairness, Luke Herrine
Articles
The Federal Trade Commission Act's ban on "unfair ... acts and practices" would, on its face, seem to give the FTC an awesome power to define proper treatment of consumers in changing conditions. But even in a world of widespread corporate surveillance, ongoing racial discrimination, impenetrably complex financial products, pyramid schemes, and more, the unfairness authority is used rarely, mostly in egregious cases of wrongdoing. Why? The standard explanation is that the more expansive notion of unfairness was tried in the 1970s, and it failed spectacularly. The FTC of this era was staffed by bureaucrats convinced of their own moral …
Preserving Pandemic Protections, Daiquiri J. Steele
The Issue Class Revolution, Myriam E. Gilles, Gary Friedman
The Issue Class Revolution, Myriam E. Gilles, Gary Friedman
Articles
In 2013, four Supreme Court Justices dissented from the decision in Comcast Corp. v. Behrend, which established heightened requirements for the certification of damages class actions. In a seemingly offhanded footnote, these dissenters observed that district courts could avoid the individualized inquiries that increasingly doom damages classes by certifying a class under Federal Rule of Civil Procedure 23(c)(4) on liability issues only and "leaving individual damages calculations to subsequent proceedings." The dissenters were onto something big. In fact, the issue class and follow-on damages model has broad potential to restore the efficacy of aggregate litigation across several substantive areas …
Police Prosecutions And Punitive Instincts, Kate Levine
Police Prosecutions And Punitive Instincts, Kate Levine
Articles
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions to remedy police brutality. It argues that the calls for ways to ease the path to more police prosecutions from legal scholars, reformers, and advocates who, at the same time, advocate for a dramatic reduction of the criminal legal system’s footprint, are deeply problematic. It shows that police prosecutions legitimize the criminal legal system while at the same time displaying the same racism and ineffectiveness that have been shown to pervade our prison-backed criminal …
Responding To Stigmatization: How To Resist And Overcome The Stigma Of Unemployment, Paul Donnelly, Lucia Garcia-Lorenzo, Lucia Sell-Trujillo
Responding To Stigmatization: How To Resist And Overcome The Stigma Of Unemployment, Paul Donnelly, Lucia Garcia-Lorenzo, Lucia Sell-Trujillo
Articles
Organization research on stigma has mostly focused on the stigmatized, limiting the scope for exploring what is possible and lacking recognition of the structural conditions and unequal power relations that create and sustain stigma. Consequently, it overlooks how actors can organize to resist and potentially overcome stigmatization altogether. Addressing this question empirically, we studied the long-term unemployed in Spain using a longitudinal qualitative research design. We develop a typology of responses to stigmatization – getting stuck, getting by, getting out, getting back at and getting organized – that advances our understanding of stigma in several ways. First, our typology captures …
A Comparison Of Anthropometric And Performance Profiles Between Elite And Sub-Elite Hurling Players, John Keane, Shane Malone, Ciaran Keogh, Damian Young, Guiseppe Coratella, Kieran Collins
A Comparison Of Anthropometric And Performance Profiles Between Elite And Sub-Elite Hurling Players, John Keane, Shane Malone, Ciaran Keogh, Damian Young, Guiseppe Coratella, Kieran Collins
Articles
The aim of the current study was to identify the specific differences in anthropometric and performance profiles between elite and sub-elite hurling players with respect to position and level of play. One hundred and thirty-seven (n = 137) hurlers at the elite (n = 61) and sub-elite (n = 76) level completed a series of anthropometric [height, body mass, the sum of seven skinfolds, adipose tissue percentage estimates (%AT), fat-free mass estimations (FFM)) and performance ((countermovement jump height (CMJ), CMJ peak power (CMJ PP), CMJ relative peak power (CMJ RPP), acceleration (5, 10 and 20 m), and yo-yo intermittent recovery …
Fedoram: A Federated Oblivious Ram Scheme, Alexandre Pujol, Liam Murphy, Christina Thorpe
Fedoram: A Federated Oblivious Ram Scheme, Alexandre Pujol, Liam Murphy, Christina Thorpe
Articles
Instant messaging (IM) applications, even with end-to-end encryption enabled, pose privacy issues due to metadata and pattern leakage. Our goal is to develop a model for a privacy preserving IM application, by designing an IM application that focuses on hiding metadata and discussion patterns. To solve the issue of privacy preservation through the obfuscation of metadata, cryptographic constructions like Oblivious Random Access Machines (ORAM) have been proposed in recent years. However, although they completely hide the user access patterns, they incur high computational costs, often resulting in excessively slow performance in practice. We propose a new federated model, FedORAM, which …
Beware Of Strangers Bearing Gifts, Anthony J. Sebok
New Means Of Financing Tort Lawsuits And Law Firms: Presentation Of Professor Anthony Sebok, Anthony J. Sebok
New Means Of Financing Tort Lawsuits And Law Firms: Presentation Of Professor Anthony Sebok, Anthony J. Sebok
Articles
The article explores the role of third-party financing in litigation, focusing on its historical development, ethical implications, and modern applications in addressing the challenges of negative value claims in mass torts and consumer litigation. It examines various forms of third-party support, including assignment, maintenance, champerty, and factoring, and evaluates their potential to facilitate access to justice while raising important legal and ethical considerations.
Stripped Of Funds, Stripped Of Rights: A Critique Of Guardianship As A Remedy For Elder Financial Harm, Rebekah Diller, Leslie Salzman
Stripped Of Funds, Stripped Of Rights: A Critique Of Guardianship As A Remedy For Elder Financial Harm, Rebekah Diller, Leslie Salzman
Articles
There is a growing consensus in the United States and abroad recognizing the right to “legal capacity”—the right to make legally binding decisions for oneself—as a basic human right. Despite this recognition, adult guardianship—the state court procedure by which a person is declared incapacitated and stripped of decision-making rights—remains a widely used tool, particularly for older adults who have suffered financial exploitation or loss. For this population, guardianship is considered an unpleasant yet necessary remedy to address their financial harms. But what if the cure does not really work as intended, while other, less intrusive means could prevent and redress …
Courts Beyond Judging, Michael C. Pollack
Courts Beyond Judging, Michael C. Pollack
Articles
Across all fifty states, a woefully understudied institution of government is responsible for a broad range of administrative, legislative, law enforcement, and judicial functions. That important institution is the state courts. While the literature has examined the federal courts and federal judges from innumerable angles, study of the state courts as institutions of state government — and not merely as sources of doctrine and resolvers of disputes — has languished. This Article remedies that oversight by drawing attention for the first time to the wide array of roles state courts serve, and by evaluating the suitability of both the allocation …
Majestic Law And The Subjective Stop, Kyron J. Huigens
Majestic Law And The Subjective Stop, Kyron J. Huigens
Articles
Justice John Paul Stevens subscribed to "a majestic conception" of the Constitution. This Article articulates and defends that vision. Majestic law and legal reasoning characteristically involve frank moral reasoning, such as one finds in the Eighth Amendment's "evolving standards of decency" test for proportionate punishment, or in Due Process formulations such as an appeal to "immutable principles of justice, which inhere in the very idea of free government." Majestic law employs moral values, norms, and judgments in legal reasoning, taking them on their own terms. Majestic legal reasoning does not weigh revealed preferences for decency, for example. It asks whether …
Mdl Drano: Rule 23-Based Solutions To Mass Tort Buildup, Myriam E. Gilles, Gary Friedman
Mdl Drano: Rule 23-Based Solutions To Mass Tort Buildup, Myriam E. Gilles, Gary Friedman
Articles
It has been taken as gospel, over the past quarter century, that class action procedures are unavailable in mass tort cases. This Article examines two distinct challenges to that assumption-one resting on Rule 23(c)(4)'s issue class procedure and the other on an innovation advanced by Francis McGovern, in whose honor this Article and symposium are dedicated.
Fraudulent Transfers: Void And Voidable, David G. Carlson
Fraudulent Transfers: Void And Voidable, David G. Carlson
Articles
This Article explores the civil procedure attendant to private fraudulent transfer litigation (primarily outside the context of bankruptcy). In such litigation, courts ponder whether fraudulent transfers are void or voidable. In fact, they are both simultaneously! According to the theory "at law," a fraudulent transfer is "void." That is, a creditor with a judgment could simply levy the property from a fraudulent grantee as if the grantee had no property rights. This Article questions the constitutional viability of this ancient attitude. Meanwhile, "equity" viewed the transfer as voidable. The grantee gets title, but the title might be set aside. The …
New Federalism And Civil Rights Enforcement, Alexander A. Reinert, Joanna C. Schwartz, James E. Pfander
New Federalism And Civil Rights Enforcement, Alexander A. Reinert, Joanna C. Schwartz, James E. Pfander
Articles
Calls for change to the infrastructure of civil rights enforcement have grown more insistent in the past several years, attracting support from a wide range of advocates, scholars, and federal, state, and local officials. Much of the attention has focused on federal-level reforms, including proposals to overrule Supreme Court doctrines that stop many civil rights lawsuits in their tracks. But state and local officials share responsibility for the enforcement of civil rights and have underappreciated powers to adopt reforms of their own. This Article evaluates a range of state and local interventions, including the adoption of state law causes of …
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich
Articles
The article critiques the Pure Theory of Law, arguing that it is inadequate and detached from the dynamic and creative aspects of legal practice. The author advocates for a reimagined legal theory that integrates critical perspectives, embodiment, and a connection to the natural world, emphasizing the need for adaptability and responsiveness over static dogma.
Doctors Can’T Be Doctors All Of The Time’: A Qualitative Study Of How General Practitioners And Medical Students Negotiate Public-Professional And Private-Personal Realms Using Social Media, Megan Marshal
Articles
Objective The objective of this study is to explore the experiences and perspectives of general practitioners’ and medical students’ use of, and behaviour on, social media and to understand how they negotiate threats to professional and personal life on social media. Design A two-phase qualitative design was used, consisting of semistructured interviews and follow-up vignettes, where participants were asked to respond to vignettes that involved varying degrees of unprofessional behaviour. Data were analysed using template analysis. Setting and participants Participants were general practitioner tutors and third year medical students who had just completed placement on the University of Limerick longitudinal …
Evaluation Of Postoperative Refractive Error Correction After Cataract Surgery, Ellen Konadu Antwi-Adjei, Emmanuel Owusu, Emmanuel Kobia-Acquah, Emmanuella Esi Dadzie, Emmanuel Anarfi, Seth Wanye
Evaluation Of Postoperative Refractive Error Correction After Cataract Surgery, Ellen Konadu Antwi-Adjei, Emmanuel Owusu, Emmanuel Kobia-Acquah, Emmanuella Esi Dadzie, Emmanuel Anarfi, Seth Wanye
Articles
Suboptimal cataract surgery outcomes remain a challenge in most developing countries. In Ghana, about 2 million people have been reported to be blind due to cataract with about 20% new cases being recorded yearly. The aim of this study was to evaluate postoperative correction of refractive errors after cataract surgery in a selected eye hospital in Ashanti Region, Ghana. This was a retrospective study where medical records of patients (aged 40–100) who reported to an eye hospital in Ghana from 2013–2018 were reviewed. Included in the study were patients aged ≥40 years and patients with complete records. Data on patient …
Feature Fusion Of Raman Chemical Imaging And Digital Histopathology Using Machine Learning For Prostate Cancer Detection, Trevor Doherty, Susan Mckeever, Nebras Al-Attar, Tiarnán Murphy, Claudia Aura, Arman Rahman, Amanda O'Neill,, Stephen P. Finn, Elaine Kay, William M. Gallagher, William G. Watson, Aoife Gowen, Patrick Jackman
Feature Fusion Of Raman Chemical Imaging And Digital Histopathology Using Machine Learning For Prostate Cancer Detection, Trevor Doherty, Susan Mckeever, Nebras Al-Attar, Tiarnán Murphy, Claudia Aura, Arman Rahman, Amanda O'Neill,, Stephen P. Finn, Elaine Kay, William M. Gallagher, William G. Watson, Aoife Gowen, Patrick Jackman
Articles
The diagnosis of prostate cancer is challenging due to the heterogeneity of its presentations, leading to the over diagnosis and treatment of non-clinically important disease. Accurate diagnosis can directly benefit a patient’s quality of life and prognosis. Towards addressing this issue, we present a learning model for the automatic identification of prostate cancer. While many prostate cancer studies have adopted Raman spectroscopy approaches, none have utilised the combination of Raman Chemical Imaging (RCI) and other imaging modalities. This study uses multimodal images formed from stained Digital Histopathology (DP) and unstained RCI. The approach was developed and tested on a set …
Let Knowledge Make Recommendations For You, Zhiixue Jiang, Chengying Chi, Yun Yun Zhan
Let Knowledge Make Recommendations For You, Zhiixue Jiang, Chengying Chi, Yun Yun Zhan
Articles
The knowledge graph can make more accurate personalized recommendations for the recommendation system, but it is also interpretative and has traces to follow. The purpose of the recommendation system is to recommend a series of unobserved items for users. At present, recommendation systems based on knowledge graphs are mainly implemented in two ways: Embedding-based and path based. Embedding methods usually directly use information from the knowledge graph to enrich the representation of an item or user. Still, it failed to introduce multi-hop relations, and it is challenging to use semantic network information. A path-based recommendation algorithm utilizes the knowledge graph …
Electrodeposition From A Graphene Bath: A Sustainable Copper Composite Alloy In A Graphene Matrix, Hayley Richardson, Charles Bopp, Bao Ha, Reeba Thomas, Kalathur S.V. Santhanam
Electrodeposition From A Graphene Bath: A Sustainable Copper Composite Alloy In A Graphene Matrix, Hayley Richardson, Charles Bopp, Bao Ha, Reeba Thomas, Kalathur S.V. Santhanam
Articles
The leaching effect of metals has led to the introduction of government regulations for the safety of the environment and humans. This has led to the search for new alloys with long-lasting sustainability. Herein, we wish to report a new brass alloy containing carbon with a remarkable sustainability produced by electrodeposition from a graphene quantum dots bath. The electrochemical measurements were carried out using cyclic voltammetry, potentiodynamic analysis, and Tafel measurements, and the deposits were characterized by X-ray fluorescence spectroscopy (XRF), Raman imaging, X-ray diffraction (XRD), atomic force microscopy (AFM), and scanning electron microscopy (SEM) to understand the surface morphology …
State Of The Art In Composition, Fabrication, Characterization, And Modeling Methods Of Cement-Based Thermoelectric Materials For Low-Temperature Applications, Xiaoli Liu, Ruchita Jani, Esther Orisakwee, Conrad Johnston, Piotr Chudzinski, Ming Qu, Brian Norton, Niall Holmes Dr., Jorge Kohanoff, Lorenzo Stella, Hongxi Yin, Kazuaki Yazawa
State Of The Art In Composition, Fabrication, Characterization, And Modeling Methods Of Cement-Based Thermoelectric Materials For Low-Temperature Applications, Xiaoli Liu, Ruchita Jani, Esther Orisakwee, Conrad Johnston, Piotr Chudzinski, Ming Qu, Brian Norton, Niall Holmes Dr., Jorge Kohanoff, Lorenzo Stella, Hongxi Yin, Kazuaki Yazawa
Articles
The worldwide energy crisis and environmental deterioration are probably humanity’s greatest challenges. Thermoelectricity, which allows for the mutual conversion between thermal and electrical energy, has become a promising technology to alleviate this challenge. Increasingly more research focuses on how to fabricate and apply thermoelectric materials for harvesting energy and regulating the indoor thermal environment. However, only a few studies have focused on cementitious materials with thermoelectric potential. Thermoelectric cement is a composite material in which particular additives can enhance the thermoelectric performance of ordinary cement. By potentially replacing traditional construction materials with thermoelectric cement in building applications, electricity could be …
On The Generation, Structure, And Semantics Of Grammar Patterns In Source Code Identifiers, Christian D. Newman,, Reem S. Alsuhaibani, Michael J. Decker, Anthony Peruma, Dishant Kaushik, Mohamed Wiem Mkaouer, Emily Hill
On The Generation, Structure, And Semantics Of Grammar Patterns In Source Code Identifiers, Christian D. Newman,, Reem S. Alsuhaibani, Michael J. Decker, Anthony Peruma, Dishant Kaushik, Mohamed Wiem Mkaouer, Emily Hill
Articles
Identifier names are the atoms of program comprehension. Weak identifier names decrease developer productivity and degrade the performance of automated approaches that leverage identifier names in source code analysis; threatening many of the advantages which stand to be gained from advances in artificial intelligence and machine learning. Therefore, it is vital to support developers in naming and renaming identifiers. In this paper, we extend our prior work, which studies the primary method through which names evolve: rename refactorings. In our prior work, we contextualize rename changes by examining commit messages and other refactorings. In this extension, we further consider data …
Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele Stewart
Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele Stewart
Articles
No abstract provided.
Coca-Cola: A Decisive Irs Transferpricing Victory, At Last, Reuven S. Avi-Yonah, Gianluca Mazzoni
Coca-Cola: A Decisive Irs Transferpricing Victory, At Last, Reuven S. Avi-Yonah, Gianluca Mazzoni
Articles
In this article, Avi-Yonah and Mazzoni examine the Tax Court’s decision in Coca-Cola, the first decisive IRS victory in a major transfer pricing case since 1979.
Labor Redemption In Work Law, Andrew Elmore
Labor Redemption In Work Law, Andrew Elmore
Articles
People with criminal records are not a protected class under Title VII, and many employers fear that hiring people with criminal records invites negligent hiring liability. Ban the Box privacy laws delay but may not deter overbroad criminal background checks. This Article challenges this standard account by shifting focus to the state in imposing arbitrary barriers to work. I expose a dignity interest in the removal of these unnecessary barriers, or "labor redemption." I find foundations of labor redemption in successful constitutional challenges to denials of public employment and occupational licenses. Labor redemption is also, increasingly, a statutory right, in …
All-Caps, Yonathan A. Arbel, Andrew Toler
All-Caps, Yonathan A. Arbel, Andrew Toler
Articles
A hallmark of consumer contracts is their use of long blocks of capitalized text. These "all-caps" clauses are meant to alert consumers to nonstandard, risky, or important aspects of the transaction that would otherwise be hidden in the fine print. Based on a belief in the power of all-caps, courts will often deny enforcement of many key terms-such as warranty disclaimers, liability releases, arbitration clauses, and automatic billing-unless they are presented in all-caps. This article is the first to empirically examine the effectiveness of all-caps. Using an experimental methodology, the article finds that all-caps fail to appreciably improve consent. Moreover, …
A Comparative Analysis Of Rule-Based, Model-Agnostic Methods For Explainable Artificial Intelligence, Giulia Vilone, Lucas Rizzo, Luca Longo
A Comparative Analysis Of Rule-Based, Model-Agnostic Methods For Explainable Artificial Intelligence, Giulia Vilone, Lucas Rizzo, Luca Longo
Articles
The ultimate goal of Explainable Artificial Intelligence is to build models that possess both high accuracy and degree of explainability. Understanding the inferences of such models can be seen as a process that discloses the relationships between their input and output. These relationships can be represented as a set of inference rules which are usually not explicit within a model. Scholars have proposed several methods for extracting rules from data-driven machine-learned models. However, limited work exists on their comparison. This study proposes a novel comparative approach to evaluate and compare the rulesets produced by four post-hoc rule extractors by employing …
Taxes As Pandemic Controls, Ashley C. Craig, James R. Hines Jr.
Taxes As Pandemic Controls, Ashley C. Craig, James R. Hines Jr.
Articles
Tax policy can play important roles in limiting the spread of communicable disease and in managing the economic fallout of a pandemic. Taxes on business activities that bring workers or customers into close contact with each other offer efficient alternatives to broad regulatory measures, such as shutdowns, that have been effective but enormously costly. Corrective taxation also helps raise the revenue required to cover elevated government expenditure during a pandemic. Moreover, the restricted consumer choice that accompanies a pandemic reduces the welfare cost of raising tax revenue from higher-income taxpayers, making it a good time for deficit closure. Current U.S. …