Digital Commons Network^™

Integrating Interference Theory, Daiquiri J. Steele

Articles

Robust retaliation protections are an essential component of any effective enforcement regime. Recognizing this, Congress has included a provision prohibiting retaliation in nearly every workplace statute passed in the past century. In statutes more than a century old, like the Civil Rights Act of 1866, where Congress neglected to include an explicit anti-retaliation provision in the statutory language, the Supreme Court has found an implied proscription against retributory behavior. Anti-retaliation protections are undoubtedly integral to effective enforcement. However, they have an equally important counterpart that is often overlooked in compliance discussions-interference protections.

Several workplace statutes contain interference provisions-statutory language that …

What Do Consumers Understand About Predispute Arbitration Agreements? An Empirical Investigation, Roseanna Sommers

Articles

The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires disputes to be submitted to binding arbitration (e.g., Netflix, Hulu, Cash App, a phone or cable company), yet most are unaware that they have, in fact, agreed to mandatory arbitration (also known as “forced arbitration”). Indeed, over 99% of respondents who think they have never entered into an arbitration agreement likely have …

Hygrothermal Risk Assessment Of External Wall Insulation Retrofit To Non-Traditional Wall Types In An Irish Context, Using The Glaser Method And A Heat, Air And Moisture Transient Model, Gareth Mcdonnell, Joseph Little

Articles

The Climate Action Plan 2019 targets the low-energy retrofit of 500,000 existing Irish homes before 2030.1 Up to 80 per cent of building failures can be attributed to moisture risks.2 The literature indicated that external wall insulation (EWI, ETICS) failures are mostly due to moisture ingress at junctions and interfaces. A hygrothermal risk assessment of EWI on three walls with rendered concrete/concrete blockwork/cavity walls in Dublin, Belfast and Belmullet was undertaken using transient numerical simulation and the Glaser method. The guidance, common practice indicates a preference for Glaser. The initial simulation results were compared to assess the appropriateness of Glaser. …

Inclusive Counterfactual Generation: Leveraging Llms In Identifying Online Hate, M. Atif Qureshi, Arjumand Younus, Simon Caton

Articles

Counterfactually augmented data has recently been proposed as a successful solution for socially situated NLP tasks such as hate speech detection. The chief component within the existing counterfactual data augmentation pipeline, however, involves manually flipping labels and making minimal content edits to training data. In a hate speech context, these forms of editing have been shown to still retain offensive hate speech content. Inspired by the recent success of large language models (LLMs), especially the development of ChatGPT, which have demonstrated improved language comprehension abilities, we propose an inclusivity-oriented approach to automatically generate counterfactually augmented data using LLMs. We show …

Shareholder Primacy Versus Shareholder Accountability, William Wilson Bratton

Articles

When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance ("ESG") principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter-a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory's central tenet, shareholder primacy. Shareholder primacy builds …

Rejoinder To Book Review Of "Rural Transformations And Rural Crime", Matt Bowden, Alistair Harkness

Articles

A review of a book we edited, Rural Transformations and Rural Crime (Bowden & Harkness, 2022) was published in Volume 32, Issue 3 of Rural Society (Scott, 2023) in December 2023. The review makes two key but highly misleading charges. The first is an intimation that rural criminology is dominated by a clique of scholars; and second that the book by and large lacks critical analysis to the reviewer's liking. The reviewer provides a glimpse of a broad analysis of the field and adopts an independently minded position. Indeed, some observations and claims are made that should rightly be part …

Generation, Characterisation And Identification Of Bioactive Peptides From Mesopelagic Fish Protein Hydrolysates Using In Silico And In Vitro Approaches, Maria Hayes, Azza Naik, Leticia Mora, Bruno Iñarra, Jone Ibarruri, Carlos Bald, Thibault Cariou, David Reid, Michael Gallagher, Ragnhild Dragøy, Jorge Galino, Alba Deyà, Sissel Albrektsen, Lars Thoresen, Runar G. Solstad

Articles

This study generated bioactive hydrolysates using the enzyme Alcalase and autolysis from mesopelagic fish, including Maurolicus muelleri and Benthosema glaciale. Generated hydrolysates were investigated for their bioactivities using in vitro bioassays, and bioactive peptides were identified using mass spectrometry in active hydrolysates with cyclooxygenase, dipeptidyl peptidase IV and antioxidant activities. In silico analysis was employed to rank identified peptide sequences in terms of overall bioactivity using programmes including Peptide Ranker, PrepAIP, Umami-MRNN and AntiDMPpred. Seven peptides predicted to have anti-inflammatory, anti-type 2 diabetes or Umami potential using in silico strategies were chemically synthesised, and their anti-inflammatory activities were confirmed using …

Discretionary Investing By ‘Passive’ S&P 500 Funds, Adriana Robertson, Peter Molk

Articles

So-called passive index funds—investment funds that are designed to track a prespecified underlying index—have become a dominant force in the investing landscape, collectively controlling over $12 trillion in assets. It is widely assumed that these funds are obligated to follow their underlying index, and that fund managers cannot, or do not, select portfolios that devi- ate from the index’s holdings. As a result, various critics have attacked these funds, raising concerns about their corporate governance incentives and their influence on market efficiency.

We show this assumption is overly simplistic. To do so, we examine funds that track the most prominent …

Administrative Enslavement, Adam Davidson

Articles

No abstract provided.

Tailwiz: Empowering Domain Experts With Easy-To-Use, Task-Specific Natural Language Processing Models, Austin Peters, Tim Daj, Jonah Gelbach, David Freeman, Daniel Khang

Articles

Experts outside the field of machine learning (ML) are interested in using ML techniques to analyze their textual data, but they are inhibited by a lack of convenient natural language processing (NLP) tools. To address this issue, we present tailwiz, an easy-to-use Python tool, powered by supervised fine-tuning of NLP models. tailwiz caters to domain experts by abstracting away technical ML knowledge and running conveniently on personal computers, the preferred mode of computation among domain experts. We show that tailwiz outperforms domain experts’ current textual analysis techniques on a majority of real-world tasks, up to a 384.8% F1 increase (46.18% …

The Limits Of Diplomacy By Treaty: Evidence From China's Bilateral Investment Treaty Program, Adam Chilton, Weijia Rao

Articles

The web of over 3000 Bilateral Investment Treaties (“BITs”) is the primary body of international law regulating cross-border investments. Research suggests that these treaties may have had a limited impact on promoting new investments, but that they still may have helped to improve countries’ political relationships. In this paper, we document that this pattern was reversed for one of the most prolific signers of BITs: China. Using a stacked-event research design, we find that Chinese BITs are associated with an increase in Bilateral Foreign Direct Investment Flows but a divergence in voting patterns at the United Nations. We then explore …

The Warren Court V. The Roberts Court, Geoffrey Stone

Articles

No abstract provided.

What Brown Taught Us About The Constitution, David Strauss

Articles

No abstract provided.

Structural Logics Of Presidential Disqualification: An Essay On Trump V. Anderson, Aziz Huq

Articles

No abstract provided.

Opening Dialogue, Lee Bollinger, Geoffrey Stone

Articles

No abstract provided.

Labor Mobility And The Problems Of Modern Policing, John Rappaport, Jonathan Masur, Aurelie Ouss

Articles

We document and discuss the implications of a striking feature of modern American policing: the stasis of police labor forces. Using an original employment dataset assembled through public records requests, we show that, after the first few years on a job, officers rarely change employers, and intermediate officer ranks are filled almost exclusively through promotion rather than lateral hiring. Policing is like a sports league, if you removed trades and free agency and left only the draft in place.

We identify both nonlegal and legal causes of this phenomenon—ranging from geographic monopolies to statutory and collectively bargained rules about pensions, …

What Do Oral Contraceptive Pills Have To Do With Human Rights Abuses In Sport?, Michele Krech, Katrina Karkazis

Articles

No abstract provided.

The Role (And Limits) Of Developmental Neuroscience In Determining Adolescents’ Autonomy Rights: The Case For Reproductive And Voting Rights, Emily Buss, Julie Maslowsky, Laura Wray-Lake

Articles

No abstract provided.

Real-World Prior Art, Jonathan Masur, Lisa Ouellette

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No abstract provided.

Competition And Congestion In Trademark Law, Jonathan Masur, Christopher Buccafusco, Mark Mckenna

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No abstract provided.

The Magnet School Wars And The Future Of Colorblindness, Sonja Starr

Articles

The Supreme Court’s recent decision striking down the use of race-based classifications in university admissions reflects its growing commitment to the concept of “colorblindness,” which has implications well beyond education. In anticipation, many schools and other actors are already moving toward alternative, facially race-neutral strategies for promoting diversity and reducing racial disparity. But what will happen when those policies too are challenged because they have race-related motives? Will courts soon find all race-conscious policymaking unlawful based on its ends? This is the next stage of the legal battle over colorblindness, and it is already underway.

The first wave of this …

Insolvency Courts: General Principles For Systems Design, Anthony Casey, Joshua Macey

Articles

This article sets out general principles for designing the role of corporate insolvency courts. The authors identify four general considerations relevant to that design: (a) the sophistication and development of the relevant private markets and private law, (b) the applicable background corporate law principles, (c) the competence—in terms of experience and sophistication, capacity and resources, efficiency, and neutrality and lack of corruption—of the courts in question, and (d) the availability of alternative systems through forum and venue shopping or other forms of exit. Having identified these considerations, the article then explores how each affects the role that insolvency courts should …

The North Of Ireland During The Interregnum: A Gramcian Analysis Of Power And Crisis, Chris Ó'Rálaigh

Articles

The North of Ireland was induced in to existence over a century ago, yet the polity lacked societal-wide legitimacy. The outbreak of conflict in 1968 signalled the beginning of an interregnal period in which the old order was substantially challenged. Whilst the Good Friday Agreement was idealised as an end to this interregnum, Brexit has re-opened the battle for politico-ideological supremacy. This paper traces the contours of the hegemony-seeking strategies of the various political actors from 1968-present and assesses whether we are in the crucial and final phase of the organic crisis of the North of Ireland.

Social Care Managers' Perspectives On Statutory Registration Of Social Care Workers In Ireland, Audrey Moore, Kevin Lalor

Articles

The focus of this paper is social care managers' views on the impact of the statutory registration of social care workers in Ireland. The findings suggest that registration is welcomed by social care managers who believe that it will impact positively on societal recognition of social care workers as professionals and that it will improve accountability within the sector. However, the findings also suggest that there is confusion regarding information about registration and issues remain in the sector regarding multiplicity of titles, roles, and duties of social care workers. We conclude that the opening of the register is only a …

Advances In Nanomaterials And Colorimetric Detection Of Arsenic In Water: Review And Future Perspectives, Abhijnan Bhat, Furong Tian, Baljit Singh

Articles

Arsenic, existing in various chemical forms such as arsenate (As(V)) and arsenite (As(III)), demands serious attention in water and environmental contexts due to its significant health risks. It is classified as “carcinogenic to humans” by the International Agency for Research on Cancer (IARC) and is listed by the World Health Organization (WHO) as one of the top 10 chemicals posing major public health concerns. This widespread contamination results in millions of people globally being exposed to dangerous levels of arsenic, making it a top priority for the WHO. Chronic arsenic toxicity, known as arsenicosis, presents with specific skin lesions like …

Light And Dark Mode: A Comparison Between Android And Ios App Ui Modes And Interviews With App Designers And Developers, Sarah Andrew, Chelsea Bishop, Garreth W. Tigwell

Articles

Mobile app light and dark modes offer improved usability within different contexts (e.g., dark mode for easier night reading). Yet, little research has investigated the prevalence of light and dark modes across platforms, the intricacies of UI color changes, and challenges in the design and development process. Our investigation focused on comparing light and dark mode designs. We carried out a manual inspection of 120 popular Android and iOS apps to find that only 55\% (Android) and 48\% (iOS) of the apps included any modes. We also found significant variability in how many UI elements changed between modes. We interviewed …

Back To The Future? Rishi Sunak's Industrial Strategy, James Silverwood, Richard Woodward

Articles

Since becoming Prime Minister, Rishi Sunak has been variously described as pursuing a ‘furtive', ‘surreptitious' and ‘apologetic' industrial strategy. Terms such as industrial policy and industrial strategy have been expunged from official speeches and policy documents, yet industrial intervention remains widespread. In adopting this approach, the article argues that Sunak has returned the UK to an industrial policy consensus established under Thatcherism. This consensus places in the foreground pro-market rhetoric and policies suggesting that industrial strategy should be limited to the correction of market failure, while in the background the state actively intervenes to shape the structure of the economy …

Opportunistic Breach Of Contract, Francesco Parisi, Brian H. Bix, Ariel Porat

Articles

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We …

"With Great Power Comes Great Responsibility": Improving Your Feedback And Hallmarks Of Effective Feedback, Randall Ryder

Articles

Effective feedback can change a law student’s trajectory in law school and beyond. The feedback-centric nature of experiential learning courses allows law students to both develop their skills and personal lawyering style. However, many experiential instructors are from a different generation, with different expectations and communication styles than today’s law students. This article highlights hallmarks of effective feedback for the modern law school classroom. As the field of law continues to evolve, law schools will need to as well.

This article discusses four key hallmarks: (1) provide feedback in multiple formats,(2) help each student develop their personal style, (3) explain …

Destruction, Proportionality, And Sustainability: A Law-And-Economics Analysis, Thomas F. Cotter

Articles

This Paper undertakes a law-and-economics analysis of the remedy of destruction (and, subsidiarily, the related remedies of recall and removal) of products that infringe intellectual property (IP) rights. We begin with a brief survey of international, regional, and domestic law and practice, observing that (1) courts generally are believed to be more likely to order the destruction of copyright- and trademark-infringing goods than of patent-infringing goods, and (2) the frequency with which courts order the destruction of patent-infringing goods varies from one country to another. Our observations lead us to present two principal theses.

The first is that a comparative …