Digital Commons Network^™

Regulating By Example, Susan C. Morse, Leigh Osofsky

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Agency regulations are full of examples. Regulated parties and their advisors parse the examples to develop an understanding of the applicable law and to determine how to conduct their affairs. However, the theoretical literature contains no study of regulatory examples or of how they might be interpreted. Courts differ about whether examples serve as an independent source of law. There is uncertainty about the proper role of this frequently used regulatory tool.

In this Article, we argue that regulatory examples make law. Our claim is that, as a default rule, the legal content offered by regulatory examples is coequal with, …

Dispute Settlement Under The Next Generation Of Free Trade Agreements, Kathleen Claussen

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No abstract provided.

Justice Beyond Dispute, Mary Anne Franks

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No abstract provided.

The Pragmatist Tradition: Lessons For Legal Theorists, Susan Haack

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No abstract provided.

The New Separability, Lili Levi

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In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Actdoes not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining "function," …

Real "Fake News" And Fake "Fake News", Lili Levi

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No abstract provided.

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

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No abstract provided.

The Central Claiming Renaissance, Andres Sawicki

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The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the near exclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent's scope. The Court's …

The Rugged Individual's Guide To The Fourth Amendment: How The Court's Idealized Citizen Shapes, Influences, And Excludes The Exercise Of Constitutional Rights, Scott E. Sundby

Articles

Few figures inspire us like individuals who stand up for their rights and beliefs despite the peril that may follow. One cannot help but feel awe looking at the famous photograph of the lone Tiananmen

Square protestor facing down a line of Red Army tanks, his willowy frame clothed in a simple white shirt and black pants as he holds a shopping bag. Or who can help but feel humbled by the courage of Rosa Parks, a seamstress, who was willing to be arrested rather than sit in the back of the bus?

But while these stories of everyday individuals …

Between Mexico And The United States, Kunal M. Parker

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No abstract provided.

The Other Trade War, Kathleen Claussen

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No abstract provided.

Big Data: Destroyer Of Informed Consent, A. Michael Froomkin

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The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

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No abstract provided.

The New Bond Workouts, William Wilson Bratton, Adam J. Levitin

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Bond workouts are a famously dysfunctional method of debt restructuring. The process is so ridden with opportunistic and coercive behavior by both bondholders and bond issuers as to make success intrinsically unlikely. Yet since 2008 bond workouts have quietly started to work. A segment of the restructuring market has shifted from bankruptcy court to out-of-court workouts by way of exchange offers made only to large institutional investors. The new workouts feature a battery of strong-arm tactics by bond issuers, and aggrieved bondholders have complained in court. There resulted a new, broad reading of the primary law governing workouts, section 3 …

Raman Spectroscopic Analysis Of High Molecular Weight Proteins In Solution - Considerations For Sample Analysis And Data Pre-Processing, Drishya Rajan Parachalil, Brenda B. Brankin, Jennifer Mcintyre, Hugh Byrne

Articles

This study explores the potential of Raman spectroscopy, coupled with multivariate regression techniques and a protein separation technique (ion exchange chromatography), to quantitatively monitor diagnostically relevant changes in high molecular weight proteins in liquid plasma. Measurement protocols to detect the imbalances in plasma proteins as an indicator of various diseases using Raman spectroscopy are optimised, such that strategic clinical applications for early stage disease diagnostics can be evaluated. In a simulated plasma protein mixture, concentrations of two proteins of identified diagnostic potential (albumin and fibrinogen) were systematically varied within physiologically relevant ranges. Scattering from the poorly soluble fibrinogen fraction is …

Blunted Serum 25(Oh)D Response To Vitamin D3 Supplementation In Children With Autism, Conor Kerley, Basil Elnazir, Peter Greally, David Coghlan

Articles

Introduction: Data suggest a potential role for vitamin D in autism spectrum disorder (ASD) prevention and treatment. It is likely that the serum response to vitamin D supplementation contributes to its effectiveness. Multiple factors affect serum vitamin D 25(OH)D response to supplementation.

Methods: We conducted post-hoc analysis of two double-blind, randomized, placebo-controlled trials (RCT) of vitamin D3 supplementation, one RCT involving children with ASD and another involving children with asthma. Both trials were conducted in the same geographic location (Dublin, Ireland, 53°N), conducted over Winter season and utilized the same vitamin D3 dose (2000 IU/day).

Results: We …

Towards Prioritizing Documentation Effort, Paul W. Mcburney, Siyuan Jiang, Marouane Kessentini, Nicholas A. Kraft, Ameer Armaly, Mohamed Wiem Mkaouer, Collin Mcmillan

Articles

Programmers need documentation to comprehend software, but they often lack the time to write it. Thus, programmers must prioritize their documentation effort to ensure that sections of code important to program comprehension are thoroughly explained. In this paper, we explore the possibility of automatically prioritizing documentation effort. We performed two user studies to evaluate the effectiveness of static source code attributes and textual analysis of source code towards prioritizing documentation effort. The first study used open-source API Libraries while the second study was conducted using closed-source industrial software from ABB. Our findings suggest that static source code attributes are poor …

Public Employee Speech And Magarian’S Dynamic Diversity, Heidi Kitrosser

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No abstract provided.

Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb

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This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …

The Half-Life And Death Of The Irish Catholic Novel : In A Country Renowned For Its Catholicism, It Is Unusual The ‘Catholic Novel’ Never Took Root, Eamon Maher

Articles

In Underground Cathedrals (2010), the Glenstal monk and author Mark Patrick Hederman described artists as the “secret agents” of the Holy Spirit: “Art has the imagination to sketch out the possible. When this happens something entirely new comes into the world. Often it is not recognised for what it is and is rejected or vilified by those who are comfortable with what is already there and afraid of whatever might unsettle the status quo”. Reflecting on this position, one wonders to what extent Irish novelists have fulfilled the important role outlined by Hederman. In the past, they definitely did offer …

The Right To Work And The Right To Strike, Laura Weinrib

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No abstract provided.

Pari Passu Clauses And The Skeuomorph Problem In Contract Law, Douglas G. Baird

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No abstract provided.

Moving Beyond Lassiter: The Need For A Federal Statutory Right To Counsel For Parents In Child Welfare Cases, Vivek S. Sankaran

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In New York City, an indigent parent can receive the assistance of a multidisciplinary legal team—an attorney, a social worker, and a parent advocate—to defend against the City’s request to temporarily remove a child from her care. But in Mississippi, that same parent can have her rights to her child permanently terminated without ever receiving the assistance of a single lawyer. In Washington State, the Legislature has ensured that parents ensnared in child abuse and neglect proceedings will receive the help of a well-trained and well-compensated attorney with a reasonable caseload. Yet in Tennessee, its Supreme Court has held that …

How Does The Law Put A Historical Analogy To Work?: Defining The Imposition Of "A Condition Analogous To That Of A Slave" In Modern Brazil, Rebecca J. Scott, Leonardo Augusto De Andrade Barbosa, Carlos Henrique Borlido Haddad

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Over the last decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as “slave labor” (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity and the “social value of labor” with an expansive interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.” At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors …

Should Regulation Be Countercyclical?, Jonathan Masur, Eric A. Posner

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No abstract provided.

Moral Commitments In Cost-Benefit Analysis, Eric A. Posner, Cass R. Sunstein

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No abstract provided.

Probability Models And Compounding, David L. Farnsworth, James E. Marengo

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We present the case that the ideas contained in a particular sequence of formulas are important in probability and statistics. The synthesis offered by the concepts in the sequence can be very valuable. Facility with this sequence and its underpinnings should be in the skill set of anyone who uses or studies probability or statistics. For illustrative purposes, we give applications to mixture distributions and Bayesian analyses.

Mode-Sum Prescription For Vacuum Polarization In Black Hole Spacetimes In Even Dimensions, Peter Taylor, Cormac Doran

Articles

We present a mode-sum regularization prescription for computing the vacuum polarization of a scalar field in static spherically symmetric black hole spacetimes in even dimensions. This is the first general and systematic approach to regularized vacuum polarization in higher even dimensions, building upon a previous scheme we developed for odd dimensions. Things are more complicated here since the even-dimensional propagator possesses logarithmic singularities which must be regularized. However, in spite of this complication, the regularization parameters can be computed in closed form in arbitrary even dimensions and for arbitrary metric function f(r). As an explicit example of our method, we …

Guilty As Charged: Reflections On Tra 17, Reuven S. Avi-Yonah

Articles

The international provisions of TRA 17S are in some ways an improvement over TRA 17H, but they are nevertheless deeply flawed. U.S.-based MNEs have accumulated $ 2.6 trillion of low taxed income offshore. This "guilty" income derives not just from IP developed in the United States, but in many cases (for example, Google, Facebook, and Big Pharma) also from exploiting the U.S. consumer market. This is a classic "round tripping" situation in which both the supply side (production) and the demand side (consumption) are in the United States, and yet both TRA 17H and TRA 17S let the guilty parties …

Annotation Of Cultivar Variations At The Multigeneic Rhg1/Rfs2 Locus: Polymorphisms Underling Alteraannotation Of Cultivar Variations At The Multigeneic Rhg1/Rfs2 Locus: Polymorphisms Underling Alterations Of Root Development And Pest Resistancetions Of Root Development And Pest Resistance, Naghmeh Hemmati, Matt Geisler, Naresh Pola, Khalid Meksem, David A. Lightfoot

Articles

Soybean (Glycine max (L.) Merr.) suffers yield loss due to root infection from soil infestation by Heterodera glycine I. (soybean cyst nematode SCN) and Fusarium virguliforme (Aoki; sudden death syndrome (SDS)). The major locus for SCN and SDS resistance has previously been identified as Rhg1/Rfs2 (chr18; LG G) (site reference). The objective of this experiment was to compare the Sanger DNA sequence of a resistant cultivar (‘Forrest’) and two susceptible cultivars (‘Williams 82’ and ‘Asgrow A3244’). Sequences were downloaded from GenBank for Williams 82, Phytzome for A3244 and a newly sequenced BAC-B73P06 (82,157 bp) encompassing the Rfs2/Rhg1 locus. Using the …