Digital Commons Network^™

Politics, Governance, And Leadership: What Can We Learn From The Academy Of Management’S Response To Eo13769?, Gerald Davis, Michel Anteby, Forrest Briscoe, P. Devereux Jennings, Samina Karim, Aseem Kaul, Sergio Lazzarini, Banu Ozkazanc-Pan, Paul Donnelly, Andreas Rasche, Anne S. Tsui, Thomas A. Wright, Todd R. Zenger

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Organization design seeks to balance potentially conflicting objectives while achieving a broader mission. EO13769 created a challenge for the president of the Academy of Management in leading through these conflicts, as President Anita McGahan describes: how to be true to her own moral values while leading an organization with well-established design constraints, and members with diverse opinions. This article shares the perspectives of 12 scholars on the lessons we can learn from Professor McGahan’s leadership of a constraining organization through a challenging time.

Emotional Intelligence And Conflict Management Styles, Helen Chen, Xuemei Xu, Patrick Phillips

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Purpose – This paper aims to use a multi-level approach to examine the effects of emotional intelligence (EI) components on conflict management styles of Chinese managers when the respondents were in conflicts with their subordinates, peers or superiors.

Design/methodology/approach – The primary research was conducted in Dalian, China, via a personal survey resulting in 885 usable observations for analysis. EI was measured using the Wong and Law Emotional Intelligence Scale (WLEIS; Wong and Law, 2002), which is made up of 16 questions measuring four dimensions. The conflict management component was measured via Rahim’s (1983) five conflict management styles, which are …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

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Many believe that consumersourced reputational information about products would increasingly replace topdown regulation Instead of protecting consumers through coercive laws reputational information gleaned from the wisdom of the crowd would guide consumer decision making There is now a growing pressure to deregulate in diverse fields such as contracts products liability consumer protection and occupational licensingbrbrThis Article presents a common failure mode of systems of reputation "Reputation Failure" By spotlighting the publicgood nature of reviews rankings and even gossip this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value As a result …

Notice Pleading In Exile, Adam N. Steinman

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According to the conventional wisdom the Supreme Courts 2009 decision in Ashcroft v Iqbal discarded notice pleading in favor of plausibility pleading This Article "” part of a symposium commemorating the Iqbal decisions tenth anniversary "” highlights decisions during those ten years that have continued to endorse notice pleading despite Iqbal It also argues that those decisions reflect the best way to read the Iqbal decision Although Iqbal is a troubling decision in many respects it can be implemented consistently with the noticepleading framework that the original drafters of the Federal Rules of Civil Procedure had in mind

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

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No abstract provided.

Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit

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No abstract provided.

The Duty Of Data Security, William Mcgeveran

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No abstract provided.

Demystifying Patent Holdup, Tom Cotter

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No abstract provided.

On Public Employees And Judicial Buck-Passing: The Respective Roles Of Statutory And Constitutional Protections For Government Whistleblowers, Heidi Kitrosser

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No abstract provided.

Women, Rule-Breaking, And The Triple Bind, June Carbone

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No abstract provided.

The Failure Of Youth Sports Concussion Laws And The Limits Of Legislating Health Education, Francis Shen

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No abstract provided.

The Private Law Critique Of International Investment Law, Julian Arato

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This Article argues that investment treaties subtly constrain how nations organize their internal systems of private law, including laws of property, contracts, corporations, and intellectual property. Problematically, the treaties do so on a one-size-fits-all basis, disregarding the wide variation in values reflected in these domestic legal institutions. Investor-state dispute settlement exacerbates this tension, further distorting national private law arrangements. This hidden aspect of the system produces inefficiency, unfairness, and distributional inequities that have eluded the regime's critics and apologists alike.

Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen

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Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …

Investment Ramifications Of Distortionary Tax Subsidies, James R. Hines Jr., Jongsang Park

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This paper examines the investment effects of tax subsidies for which some assets and not others are eligible. Distortionary tax subsidies concentrate investments in tax-favored assets, thereby reducing the expected pre-tax profitability of investment and reducing payoffs to bondholders in the event of default. Anticipation of asset substitution encourages lenders to require covenants in debt contracts, which only imperfectly address asset substitution and distort investment. The result is that borrowing is made more expensive, which in turn discourages investment. Borrowing rates can react so strongly that aggregate investment may rise very little, or even fall, in response to higher tax …

Fluorescence Quenching-Based Mechanism For Determination Of Hypochlorite By Coumarin-Derived Sensors, Karolina Starzak, Arkadiusz Matwijczuk, Bernadette Creaven, Alicja Matwijczuk, Sławomir Wybraniec, Dariusz Karcz

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A fluorescence quenching-based mechanism for the determination of hypochlorite was proposed based on spectroscopic and chromatographic studies on the hypochlorite-sensing potency of three structurally similar and highly fluorescent coumarins. The mode of action was found to rely upon a chlorination of the coumarin-based probes resulting from their reaction with sodium hypochlorite. Importantly, the formation of chlorinated derivatives was accompanied by a linear decrease in the fluorescence intensities of the probes tested. The results obtained suggest the applicability of a coumarin-dependent hypochlorite recognition mechanism for the detection of, as well as for quantitative determination of, hypochlorite species in vitro.

Metabolic Power In Hurling With Respect To Position And Halves Of Match-Play, Damien Young, Shane Malone, Kieran Collins, Laurent Mourot, Marco Beato, Giuseppe Coratella

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The current investigation compared the metabolic power and energetic characteristics in team sports with respect to positional lines and halves of match-play. Global positioning system (GPS) technology data were collected from 22 elite competitive hurling matches over a 3-season period. A total of 250 complete match-files were recorded with players split into positional groups of full-back; half-back; midfield; half-forward; full-forward. Raw GPS data were exported into a customized spreadsheet that provided estimations of metabolic power and speed variables across match-play events (average metabolic power [Pmet], high metabolic load distance [HMLD], total distance, relative distance, high-speed distance, maximal speed, accelerations, and …

Activity Monitoring In Professional Soccer Goalkeepers During Training And Match Play, Victor Moreno-Pérez, Shane Malone, Lluís Sala-Pérez, Manuel Lapuente-Sagarra, Miguel Angel Campos-Vazquez, Juan Del Coso

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The purpose of the present study was to quantify the external load of professional soccer goalkeepers. Twenty professional goalkeepers participated in the study. Data were classified according to the number of days before or after the match day (MD) as follows: MD-4, MD-3, MD-2, MD-1 for the sessions before the match, and MD+1 for the session after the match. The total running distance covered (TD), the high metabolic load (HMLD), the number of high metabolic load efforts (HMLE) were progressively reduced from MD-4 to MD-1 but the values of these variables were always inferior to MD (ES: -3.79 to −1.11). …

Measuring Selection Bias In Publicly Available Judicial Opinions, Alexander A. Reinert

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To have an informed discussion about judicial performance and efficiency, we will sometimes want to explore what judges actually do on an everyday level. But in many ways, courts have not always been paragons of transparency. Often the parties are the only people who are aware of what action a court has taken in a case.

This paper explores that dynamic, in the context of decisions made by federal trial courts at one particular procedural stage--decisions made on motions to dismiss for failure to state a claim--Rule 12(b)(6) motions. There is growing interest in the work of federal trial courts, …

Coastal Dune Vegetation Mapping Using A Multispectral Sensor Mounted On An Uas, Chen Suo, Eugene Mcgovern, Alan Gilmer

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Vegetation mapping, identifying the type and distribution of plant species, is important for analysing vegetation dynamics, quantifying spatial patterns of vegetation evolution, analysing the effectsof environmental changes and predicting spatial patterns of species diversity. Such analysis can contribute to the development of targeted land management actions that maintain biodiversity and ecological functions. This paper presents a methodology for 3D vegetation mapping of a coastal dune complex using a multispectral camera mounted on an unmanned aerial system with particular reference to the Buckroney dune complex in Co. Wicklow, Ireland. Unmanned aerial systems (UAS), also known as unmanned aerial vehicles (UAV) or …

Adapting The Surveying Curriculum To New Dimensions Of The Profession, Fahria Masum, Reinfried Mansberger, Audrey Martin, Gerhard Navratil, Anthony Mushinge

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Today the surveying profession is very different from what it was twenty years ago. Recent technological innovations, globalization, and global land-related challenges have allowed a wide range of advances in the surveying profession. The vision is to promote surveying practices that can enhance the quality of services in a variety of tracks in the land profession. According to the new adjacent professional areas and the needs of the labor market, academic courses for surveyors have to be adapted to meet the broader scope of the surveying profession and to supply highly qualified land professionals. This paper outlines the new challenges …

When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau

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Someday, perhaps soon, diagnostics generated by machine learning (ML) will have demonstrably better success rates than those generated by human doctors. What will the dominance of ML diagnostics mean for medical malpractice law, for the future of medical service provision, for the demand for certain kinds of doctors, and in the long run for the quality of medical diagnostics itself?

This Article argues that once ML diagnosticians, such as those based on neural networks, are shown to be superior, existing medical malpractice law will require superior ML-generated medical diagnostics as the standard of care in clinical settings. Further, unless implemented …

How Neuroscience Technology Is Changing Our Understanding Of Brain Injury, Vegetative States And The Law, Glenn R. Butterton

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The author examines clinical studies that use neuroscience technology to study patients in Vegetative States. The studies indicate that some of the patients are, in fact, conscious. The author suggests that this finding is a matter of considerable practical importance for the drafting and execution of end-of-life protocols such as Advance Directives and Living Wills. He recommends that statutes, and other guidance used by patients, caregivers, medical institutions, family members and others to draft and interpret such Directives and Wills, be revised or amended to take account of these results.

The Rule Of Law Collaborative: A Center Of Practical, Interdisciplinary Research, And Engagement On Pressing Rule Of Law Issues Around The World, Joel H. Samuels

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No abstract provided.

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

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It is considered axiomatic that defamation law protects reputation. This proposition--commonsensical, pervasive, and influential-- is faulty. Underlying this fallacy is the failure to appreciate audience effects: the interaction between defamation law and members of the audience.

Defamation law seeks to affect the behavior of speakers by making them bear a cost for spreading untruthful information. Invariably, however, the law will also affect members of the audience, as statements made in a highly regulated environment tend to appear more reliable than statements made without accountability. Strict defamation law would tend to increase the perceived reliability of statements, which in some cases …

Occupational Licensing And The Limits Of Public Choice Theory, Ryan Nunn, Gabriel Scheffler

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No abstract provided.

Procompetitive Justifications In Antitrust Law, John M. Newman

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The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.

But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an "open question," even an "absolute mystery." Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.

This Article provides answers …

Unlocking Access To Health Care: A Federalist Approach To Reforming Occupational Licensing, Gabriel Scheffler

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No abstract provided.

Opportunistic Originalism And The Establishment Clause, Caroline Mala Corbin

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This Article argues that the Supreme Court's use of originalism is opportunistic because sometimes the Court relies on it, and sometimes it does not. This inconsistency is evident in two recent decisions with significant Establishment Clause consequences: Town of Greece v. Galloway (2014) and Trinity Lutheran Church v. Comer (2017). In Town of Greece, the Supreme Court applied an originalist analysis to uphold the government's policy of sponsoring predominantly Christian prayers before town meetings. In Trinity Lutheran Church, the Supreme Court failed to conduct an originalist analysis of direct government funding to churches before ordering a state to award a …

Sex, Lies, And Videotape: Deep Fakes And Free Speech Delusions, Mary Anne Franks, Ari Ezra Waldman

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No abstract provided.

Etched In Stone: Historic Preservation Law And Confederate Monuments, Jess R. Phelps, Jessica Owley

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This Article examines the current controversy regarding Confederate monuments. While many have focused on the removal of these commemorative objects, the legal framework regarding their protection has not been fully explored. This Article provides an in-depth understanding of the application of historic preservation laws to monument removal efforts and examines the impact of these federal, state, and local laws. The examination raises significant questions about the permanency of preservation laws generally. This Article considers how historic significance is evaluated and valued, noting the lack of flexibility and absence of mechanisms for reevaluating past protection decisions. This Article uses the Confederate …