Digital Commons Network^™

Missing Police Body Camera Videos: Remedies, Evidentiary Fairness, And Automatic Activation, Mary D. Fan

Articles

A movement toward police regulation by recording is sweeping the nation. Responding to calls for accountability, transparency and better evidence, departments have rapidly adopted body cameras. Recording policies require the police to record more law enforcement encounters than ever before. But what happens if officers do not record? This is an important, growing area of controversy. Based on the collection and coding of police department body camera policies, this Article reveals widespread detection and enforcement gaps regarding failures to record as required. More than half of the major-city departments in the sample have no provisions specifying consequences for not recording …

The Worst System Of Citation Except For All The Others, David J.S. Ziff

Articles

Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

Articles

To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

Implementing Proportionality, Perry Moriearty

Articles

Over the last fourteen years, the Supreme Court has issued five decisions that impose substantive constraints on our harshest punishments -- forbidding the execution of those with “mental retardation” in Atkins v. Virginia, of juveniles in Roper v. Simmons, and of those convicted of child sexual assault in Kennedy v. Louisiana, and forbidding the sentence of life without parole for juveniles who had not killed in Graham v. Florida and for all juveniles when it is imposed mandatorily in Miller v. Alabama. Because the offenders in question were categorically less culpable, the proscribed punishment was disproportionately severe, the Court held. …

The Sec's Shift To Administrative Proceedings: An Empirical Assessment, Stephen J. Choi, Adam C. Prichard

Articles

Congress has repeatedly expanded the authority of the SEC to pursue violations of securities laws in proceedings adjudicated by the SEC's own administrative law judges, most recently through the Dodd-Frank Act. We report the results from an empirical study of SEC enforcement actions against non-financial public companies to assess the impact of the Dodd-Frank Act on the balance between civil court and administrative enforcement actions. We show a general decline in the number of court actions and an increase in the number of administrative proceedings post-Dodd-Frank. At the same time, we show an increase in average civil penalties post-Dodd-Frank for …

Trends In Prisoner Litigation, As The Plra Approaches 20, Margo Schlanger

Articles

The Prison Litigation Reform Act (PLRA) enacted in 1996 as part of the Newt Gingrich “Contract with America,” is now as old as many prisoners. In the year after the statute’s passage, some commenters labeled it merely “symbolic.” In fact, as was evident nearly immediately, the PLRA undermined prisoners’ ability to bring, settle, and win lawsuits. The PLRA conditioned court access on prisoners’ meticulously correct prior use of onerous and error-inviting prison grievance procedures. It increased filing fees, decreased attorneys’ fees, and limited damages. It subjected injunctive settlements to the scope limitations usually applicable only to litigated injunctions. It made …

Development Of A High Throughput (Ht) Raman Spectroscopy Method For Rapid Screening Of Liquid Blood Plasma From Prostate Cancer Patients, Dinesh Medipally, Adrian Maguire, Jane Bryant, John Armstrong, Mary Dunne, Marie Finn, Fiona Lyng, Aidan Meade

Articles

Extensive research has been undertaken on the examination of tissue biopsies using vibrational spectroscopic techniques. However, fewer studies have focused on less invasive and commonly acquired blood samples. Recent studies have shown the ability of Raman and Fourier transform infrared (FTIR) spectroscopy to discriminate between non-cancer controls and cancer cases using blood serum or plasma. Even though many studies have proposed Raman spectroscopy as a potential diagnostic tool in various cancers, the Raman spectroscopic technique has not been introduced as a routine clinical technology. This is due to multiple drawbacks with the application of the technique, including sample preparation, the …

Development Of A High Throughput (Ht) Raman Spectroscopy Method For Rapid Screening Of Liquid Blood Plasma From Prostate Cancer Patients, Dinesh Medipally, Adrian Maguire, Jane Bryant, John Armstrong, Mary Dunne, Marie Finn, Fiona Lyng, Aidan Meade

Articles

Extensive research has been undertaken on the examination of tissue biopsies using vibrational spectroscopic techniques. However, fewer studies have focused on less invasive and commonly acquired blood samples. Recent studies have shown the ability of Raman and Fourier transform infrared (FTIR) spectroscopy to discriminate between non-cancer controls and cancer cases using blood serum or plasma. Even though many studies have proposed Raman spectroscopy as a potential diagnostic tool in various cancers, the Raman spectroscopic technique has not been introduced as a routine clinical technology. This is due to multiple drawbacks with the application of the technique, including sample preparation, the …

Review On The Km Applications In Public Organisations, Paul J. Mc Evoy, Mohamed A.F. Ragab, Amr Arisha

Articles

Abstract: The rise in awareness of knowledge management as a viable organisational resource and potential source of competitive advantage has been the subject of a myriad of research to date. The phenomenon covers a multitude of disciplines, roles and procedures, and its subjectivity has at times mitigated its potential for pertinent study. Add to this mix, the public sector, which exhibits unusual, specific, bureaucratic and insular hierarchies which can make it difficult to assess it from a research perspective, and a pertinent case can be made for investigating the process of implementing knowledge management initiatives in this area.

Today's public …

Where Policy And Practice Collide: Comparing Us,South African And European Union Approaches Toprotecting Children Online, Monica Bulger, Patrick Burton, Brian O'Neill, Elisabeth Staksrud

Articles

That children have a right to protection when they go online is an internationally well-established principle, upheld in laws that seek to safeguard children from online abuse and exploitation. However, children’s own transgressive behaviour can test the boundaries of this protection regime, creating new dilemmas for lawmakers the world over. This article examines the policy response from both the Global North and South to young people’s online behaviour that may challenge adult conceptions of what is acceptable, within existing legal and policy frameworks. It asks whether the ‘childhood innocence’ implied in much protection discourse is a helpful basis for promoting …

Freeze-Drying As A Novel Biofabrication Method For Achieving A Controlled Microarchitecture Within Large, Complex Natural Biomaterial Scaffolds, Claire Brougham, Tanya J. Levingstone, Nian Shen, Gerard M. Cooney, Thomas C. Flanagan, Stefan Jockenhoevel, Fergal J. O’Brien

Articles

The biofabrication of large scaffolds from natural biomaterials into complex 3D shapes with controllable microarchitecture remains a major challenge. Freeze-drying (or lyophilization) is a technique used to create bioactive scaffolds with a porous architecture and is typically only used to generate scaffolds in planar 3D geometries. Here we report the development of a new biofabrication process to form a collagen-based scaffold into a large, complex geometry which has a large height to width ratio, and a controlled porous microarchitecture. This biofabrication process was validated through the successful development of a heart valve shaped scaffold, fabricated from a collagen-glycosaminoglycan co-polymer. Notably, …

Study Of Phenolic Extractability In Grape Seeds By Means Of Atr-Ftir And Raman Spectroscopy, Julio Nogales-Bueno, Berta Baca-Bocanegra, Abigail Rooney, José Miguel Hernández-Hierro, Hugh Byrne, Francisco José Heredia

Articles

Near infrared hyperspectral imaging has been applied to grape seeds in order to select a representative subset of samples according to their spectral features in the 900-1700nm range. Afterwards, selected grape seeds have been classified according to their total phenol and flavanol extractabilities. In this way, samples were sorted in three different groups identified as low, medium and high extractability levels. In order to establish the chemical structures which can be responsible for the different extractabilities, vibrational spectroscopy has been applied to the non-extracted material after seed extractions. Attenuated total reflectance Fourier transform infrared (ATR-FTIR) and Raman spectra of non-extracted …

Strain Sensor Based On Grourd-Shaped Single-Mode-Multimode-Single-Mode Hybrid Optical Fibre Structure, Ke Tian, Gerald Farrell, Xianfan Wang, Wenlei Yang, Yifan Xin, Haidong Liang, Elfed Lewis, Pengfei Wang

Articles

A fibre-optic strain sensor based on a gourd-shaped joint multimode fibre (MMF) sandwiched between two single-mode fibres (SMFs) is described both theoretically and experimentally. The cladding layers of the two MMFs are reshaped to form a hemisphere using an electrical arc method and spliced together, yielding the required gourd shape. The gourd-shaped section forms a Fabry-Perot cavity between the ends of two adjacent but noncontacting multimode fibres’ core. The effectiveness of the multimode interference based on the Fabry-Perot interferometer (FPI) formed within the multimode inter-fibre section is greatly improved resulting in an experimentally determined strain sensitivity of −2.60 pm/με over …

Reneb - Running The European Network Of Biological Dosimetry And Physical Retrospective Dosimetry, Ulrike Kulka, Michael Abend, Liz Ainsbury, Christophe Badie, Joan-Francesc Barquinero, Leonardo Barrios, Christina Beinke, Emanuela Bortolin, Alexandra Cucu, Fiona Lyng

Articles

Purpose: A European network was initiated in 2012 by 23 partners from 16 European countries with the aim to significantly increase individualized dose reconstruction in case of large-scale radiological emergency scenarios.

Differentiating Responses Of Lung Cancer Cell Lines To Doxorubicin Exposure: In Vitro Raman Micro Spectroscopy, Oxidative Stress And Bcl-2 Protein Expression, Zeineb Farhane, Franck Bonnier, Marcus A. Maher, Jane Bryant, Alan Casey, Hugh Byrne

Articles

The potential of Raman micro spectroscopy as an in vitro, non-invasive tool for clinical applications has been demonstrated in recent years, specifically for cancer research. To further illustrate its potential as a high content and label free technique, it is important to show its capability to elucidate drug mechanisms of action and cellular resistances. In this study, cytotoxicity assays were employed to establish the toxicity profiles for 24 hr exposure of lung cancer cell lines, A549 and Calu-1, to the commercially available drug, doxorubicin (DOX). Raman spectroscopy, coupled with Confocal Laser Scanning Microscopy and Flow Cytometry, was used to track …

Dialectric Materials With Memory 1: Minimum And General Free Energies., Scott Glascow, John Murrough Golden

Articles

A general tensor isothermal theory of free energies and free enthalpies for dielectrics is presented, corresponding to linear constitutive relations with memory. Starting from the general equations of continuum thermodynamics, various properties of and constraints on free energy/enthalpy functionals in dielectric media are noted. It is well-known that free enthalpies are particularly convenient in that their properties are closely analogous with those of free energies in mechanics, though different in crucial ways. General constitutive equations with memory are determined from a given free enthalpy. The form of the relaxation function, which occurs in these constitutive equations, is discussed from a …

Effect Of Sky Clearness Index On Transmission Of Evacuated (Vacuum) Glazing, Aritra Ghosh, Brian Norton, Aidan Duffy

Articles

Glazing transmittance variation with clearness index has higher influence than incident angle for soar energy application. This work presents variation of vacuum glazing transmittance with clearness index. Clearness index and transmittance was calculated from measured one year (2014) solar radiation and glazing transmittance data in Dublin, Ireland. Clearness index below 0.5 offer single value of transmittance whereas above 0.5 clearness index glazing transmittance varies with clearness index. For different azimuthal orientation, clearness index associated with vertical plane glazing transmittance has been proposed. In Dublin for south facing vertical plane, vacuum glazing has 35% transmittance below 0.5 clearness index. Yearly usable …

The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

Articles

Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …

Lost Art And The Public Domain, Alan L. Durham

Articles

Because a patentable invention must be novel, and it must embody an advancement that would not have been obvious to persons of ordinary skill, the invention must be compared to the “prior art.” Prior art, in the language of the current Patent Act, includes anything that was already “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public.” With certain qualifications, patent law has always required that prior art have been available to the public. A manuscript describing the claimed invention that had never left its author's desk drawer would not qualify …

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Articles

No abstract provided.

Resurrecting (And Modernizing) The Research Treasure Hunt, Nancy E. Vettorello

Articles

First-year associates will spend forty-five percent of their time on legal research; second- and third-year associates will spend thirty percent. And unfortunately, employers find their associates’ research skills lacking. This is not a new complaint. Employers have been complaining for more than a hundred years that recent law graduates cannot research well. None of this is lost on those who teach legal research, who have long debated the best way to do so. Techniques for teaching research have changed over time, and methods once thought appropriate were sometimes later disfavored. Changes were driven both by pedagogy and by the ever-changing …

What We Think, What We Know And What We Think We Know About False Convictions, Samuel Gross

Articles

False convictions are notoriously difficult to study because they can neither be observed when they occur nor identified after the fact by any plausible research strategy. Our best shot is to collect data on those that come to light in legal proceedings that result in the exoneration of the convicted defendants. In May 2012, the National Registry of Exonerations released its first report, covering 873 exonerations from January 1989 through February 2012. By October 15, 2016, we had added 1,027 cases: 599 exonerations since March 1, 2012, and 428 that had already happened when we issued our initial report but …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

Articles

I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Mending Broken Promises In Sustainable Design, Alex Lobos

Articles

Sustainable Product Design is effectively combining solutions that address environmental issues while elevating user experience and achieving success in the marketplace. A closer look at the effectiveness of sustainability strategies in the design process reveals that some of the best efforts in this area do not yield the benefits promised. Examples of these shortcomings include product operation with unnecessary features that push performance beyond environmentally friendly levels, products made out of recyclable materials that still end up in landfills and consumers that do not connect sustainable lifestyles to the products they use.

An effective model for consistent benefits in sustainable …

How Much Wind And Solar Are Needed To Realize Emissions Benefits From Storage?, Srujana Naga Goteti, Eric Hittinger, Eric Williams

Articles

Environmental outcomes from energy storage depend on its usage patterns, the existing generation fleet, and fossil fuel prices. This work models the deployment of large, non-marginal quantities of energy storage and wind and solar power to determine their combined effects on grid system emissions. Two different grid environments are analyzed: a coal-heavy grid (Midcontinent ISO) and non-coal grid (New York ISO). An iterative dispatch model is used that operates storage to maximize income, considering that this operation can influence wholesale energy prices. With current low natural gas prices ($2.6 per MMBtu), adding storage slightly reduces carbon emissions in New York, …

An Application For Screening Gradual-Onset Age-Related Hearing Loss, Wayne M. Garrison, Joe Bochner

Articles

Objective. Less than 15% of adults in the USA over age 70 receive hearing screening; less than 20% of adults with hearing loss receive any form of treatment. Reasons vary, but affordability and accessibility are major barriers to intervention and treatment. This study provides data supporting a new adult hearing screening measure (NSRT®) that is self-administered, easy to use and focused on difficulties experienced in everyday speech communication. Methods. The NSRT® test materials are sentence-length utterances containing phonetic contrasts. The test requires respondents to determine whether sentences printed on a computer monitor are the same/different from sentences delivered as auditory …

Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff

Articles

In this article I advance two arguments. The first is that 2016 was a particularly important year for freedom of speech and the press, although not for conventional reasons. The second is that hte events of 2016 revealed that one of the essential components of our democracy - the central role that free expression plays in the democratic process - is in a state of serious dysfunction, if not crisis.

Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson

Articles

In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance

The Work Of International Law, Monica Hakimi

Articles

This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view - what I call the "cooperation thesis" - is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …

Financial Reform: Making The System Safer And Fairer, Michael S. Barr

Articles

In the fall of 2008, the financial crisis crushed the U.S. economy and plunged the country into the Great Recession. The crisis shuttered American businesses, cost millions of Americans their jobs, and wiped out home values and household savings. The macro effects hit hardest and were the longest lasting for those least able to bear the brunt of the crisis. It was devastating to middle-income families and perhaps even more so to low- and moderate-income households, who had little financial buffer (Barr 2012a). Financial stability, never robust for these families, dropped precipitously (Barr and Schaffa 2016). Both in the United …