Digital Commons Network^™

Characterisation Of Cartilage Damage Via Fusing Mid-Infrared, Near-Infrared, And Raman Spectroscopic Data, Rubina Shaikh Dr, Valeria Tafintseva, Ervin Nippolainen, Vesa Virtanen, Johanne Solheim, Boris Zimmermann, Simo Saarakkala, Juhu Toyras, Achim Kohler, Isaac O. Afara

Articles

Mid-infrared spectroscopy (MIR), near-infrared spectroscopy (NIR), and Raman spectroscopy are all well-established analytical techniques in biomedical applications. Since they provide complementary chemical information, we aimed to determine whether combining them amplifies their strengths and mitigates their weaknesses. This study investigates the feasibility of the fusion of MIR, NIR, and Raman spectroscopic data for characterising articular cartilage integrity. Osteochondral specimens from bovine patellae were subjected to mechanical and enzymatic damage, and then MIR, NIR, and Raman data were acquired from the damaged and control specimens. We assessed the capacity of individual spectroscopic methods to classify the samples into damage or control …

Review Of The International Play Policies And Their Contribution To Supporting A Child's Right To Play, Fiona Armstrong, David Gaul

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Play is recognised as a fundamental children's right protected by the United Nations Convention on the Rights of the Child. Despite legal and constitutional requirements for ensuring children's right to play, there are few international policies dedicated to play. This paper seeks to use a critical discourse analysis lens to compare the current international policies dedicated to play and identify examples of good practice and perceived barriers to the successful development and implementation of play policies.

Effect Of Operating Parameters On Performance Of Finger Millet Pearling Machine, Ranjit Powar, Vijay Aware, Prasad Chavan, Amit K. Jaiswal

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The effect of operational parameters such as feed rate (FR), drum speed (DS), and concave clearance (CC) was studied on the performance of a pearling drum. The pearling drum consists of pearling cylinder, pearling sieve, concave, and outer casing of the drum. The response surface method with CCRD experimental design was used to study the effect of operational parameters on pearling drum. The considered levels for optimizing operational parameters viz., FR, DS, and CC were 40–80 kg/h, 5– 10 m/s, and 3–15 mm, respectively. The maximum pearling efficiency (PE) and minimum grain damage (GD) were found to be 98.40%, and …

Memorizing Trade Secrets, Timothy Murphy

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The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information's relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …

Horizontal Collusion And Parallel Wage Setting In Labor Markets, Jonathan S. Masur, Eric A. Posner

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Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way. But product markets and labor markets do not operate identically: people behave differently as employees and as consumers. Unlike consumers who can switch products relatively easily, employees face significant frictions in changing jobs. Other labor market frictions are created by the pay equity norm and downward nominal wage rigidity. These and related …

The 2023 Scalia Lecture: Beyond Textualism?, William Baude

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No abstract provided.

A Modern Defense Of Simple Rules For A Complex World, Richard Epstein

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My 1995 book Simple Rules for a Complex World articulated a general proposition that, in most situations, simple legal rules perform better in two key dimensions: (1) they are simpler to interpret and enforce, and (2) they generate efficient incentives on the parties to whom they apply. I then applied that view to matters of general legal theory, to matters of environmental law, and to disputes over labor. These principles apply to all forms of legal regulation, but in this Article, I shall limit my analysis to the five articles in this Collection. These are by Richard Revesz on global …

Universities As Knowledge Institutions: A Reply To Professor Jackson, Tom Ginsburg

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No abstract provided.

The Political Question Doctrine And International Law, Curtis Bradley

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Under the political question doctrine, some issues are deemed to be inappropriate for judicial resolution. The modern version of the doctrine is typically traced to the Supreme Court’s 1962 decision in Baker v. Carr, in which the Court listed six reasons why an issue might be treated as political. Although the doctrine has received significant scholarly attention, most modern commentary has overlooked the historic relationship between the doctrine and international law. As this Essay documents, the political question doctrine emerged in part to allow the political branches, rather than the courts, to make determinations about this country’s—and other countries’—rights and …

How Redundant Are Redundant Encodings? Blindness In The Wild And Racial Disparity When Race Is Unobserved, Jacob Goldin, Lingwei Cheng, Isabel Gallegos, Derek Ouyang, Daniel Ho

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We address two emerging concerns in algorithmic fairness: (i) redundant encodings of race – the notion that machine learning models encode race with probability nearing one as the feature set grows – which is widely noted in theory, with little empirical evidence; and (ii) the lack of race and ethnicity data in many domains, where state-of-the-art remains (Naive) Bayesian Improved Surname Geocoding (BISG) that relies on name and geographic information. We leverage a novel and highly granular dataset of over 7.7 million patients’ electronic health records to provide one of the first empirical studies of redundant encodings in a realistic …

Interring The Nondelegation Doctrine; Sepultando A Doutrina Da Não Delegação, Eric Posner, Adrian Vermeule

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A large academic literature discusses the nondelegation doctrine, which is said to bar Congress from enacting excessively broad or excessively discretionary grants of statutory authority to the executive branch or other agents. The bulk of this literature accepts the existence of the doctrine, and argues only about the terms of its application or the competence of the courts to enforce it. In this essay, we argue that there is no such nondelegation doctrine: A statutory grant of authority to the executive branch or other agents never effects a delegation of legislative power Agents acting within the terms of such a …

Common Good Gun Rights, Darrell Miller

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No abstract provided.

Our Federalism And Our Democracy: Complements Or Foes?, Aziz Huq

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This Essay reflects on the relationship between “federalism” and “national democracy.” More specifically, it considers the way in which the operation of formal state institutions can change the quality of national bodies necessary to democratic politics. State-level action can reduce the quality of national democracy even if it is motivated by national partisan forces. For example, state-level instruments can influence the possibility that national institutions either do or do not experience capture by minority factions, and are instead capable of roughly tracking the ebb and flow of majoritarian preferences over time. Without state institutions, national actors would lack instruments to …

Private Enforcement In The States, Austin Peters, Diego Zambrano, Neel Guha, Jeffrey Xia

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Scholarship on U.S. litigation and civil procedure has scarcely studied the role of private enforcement in the states. Over the past two decades, scholars have established that, almost uniquely in the world, the U.S. often relies on private parties rather than administrative agencies to enforce important statutory provisions. Take your pick of any area in American governance, and you will find private rights of action: environmental law, civil rights, employment discrimination, antitrust, consumer protection, business competition, securities fraud, and so on. In each of these areas, Congress has deliberately empowered private plaintiffs instead of, or in addition to, government agencies. …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David Hoffman, Cathy Hwang

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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primacy norm with surprising …

Review Of Daniel Farber, Inequality And Regulation: Designing Rules To Address Race, Poverty, And Environmental Justice, David Weisbach

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No abstract provided.

Lessons From Disease And Economic Surveillance During Covid-19, Anup Malani

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This paper describes disease and economic surveillance during COVID, along with the uses of that surveillance, and lessons learned about the pandemic from that surveillance. It ends with policy suggestions on how to gather intelligence during the next pandemic in India and how surveillance informs suppression policy. The important themes that I stress are the value of population-level surveillance, understanding the incentives and disincentives for surveillance and reporting, and tailoring policy to the results of surveillance.

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

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Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

Analysis Of Strain Correction Procedures For Single Fiber Tensile Testing, Amy Engelbrecht-Wiggans, Amanda L. Forster

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Accurate strain measurement for single fibers is critical for many engineering applications. Typically, the crosshead displacement is used to calculate strain when performing mechanical testing, however there are complicating factors: slack in the specimen or slipping/seating in the grips, other grip effects, and load frame compliance. These are addressed in various testing standards for single fibers, such as ASTM Standards D3822, “Standard Test Method for Tensile Properties of Single Textile Fibers” and C1557, “Standard Test Method for Tensile Strength and Young's Modulus of Fibers”. In this work, an analysis of single fiber test data has been performed to examine both …

Has The Idaho Supreme Court Wrongly Limited Wrongful Discharge In Contravention Of Public Policy Claims?, John E. Rumel

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No abstract provided.

Residents Against Housing: A Response To Professor Infranca’S ‘Differentiating Exclusionary Tendencies’, Lee Anne Fennell

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Incumbent residents routinely oppose residential development.¹ Interestingly, this is true of both homeowners and renters, if for opposite reasons. Homeowners typically worry that new housing will cause the market value of their own homes to fall, resulting in a hit to what is usually a house-heavy personal wealth portfolio.² Tenants typically worry that new housing will cause the market value of their own homes to rise, generating pressure toward higher rents and displacement.³ Both homeowners and tenants also express concern that new housing development will change the character of their neighborhoods in unwanted ways.⁴

Resident opposition …

Book Review: The “Common-Good” Manifesto, William Baude, Stephen E. Sachs

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In Common Good Constitutionalism, Professor Adrian Vermeule expounds a constitutional vision that might “direct persons, associations, and society generally toward the common good.” The book must be taken seriously as an intellectual challenge, particularly to leading theories of originalism.

That said, the challenge fails. The book fails to support its hostility toward originalism, to motivate its surprising claims about outcomes, or even to offer an account of constitutionalism at all. Its chief objections to originalism are unpersuasive and already answered in the literature it cites. The book does highlight important points of history and jurisprudence, of which originalists and others …

State International Agreements: The United States, Canada, And Constitutional Evolution, Curtis A. Bradley

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The text of the US Constitution appears to require that individual states, to the extent that they are ever allowed to conclude agreements with foreign governments, must obtain congressional approval. In practice, however, states conclude many agreements with foreign governments, including with Canada and its provinces, and they almost never seek congressional approval. This practice is an illustration of both the importance of federalism in US foreign relations and the significant role played by historical practice in informing US constitutional interpretation. The phenomenon of state international agreements assumed new prominence in 2019 when the Trump administration sued to challenge a …

The Long Hand Of Anti-Corruption: Israeli Judicial Reform In Comparative Perspective, Tom Ginsburg

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There are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition’s efforts to assert more control over the Supreme Court. The dynamics of anti-corruption in Israel are somewhat distinct from those of other countries in ways that may bode well for the Court in its confrontation with the government.

Fractured Majorities And Their Reasons, Saul Levmore

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The wisdom of crowds correctly exalts majority decision-making on appellate courts as well as on many other settings, including hospitals and committees with multiple doctors or board members. But the same confidence in majorities should be applied to the reasons that are attached to a vote, or opinion, and then to a majority’s rejection of a member’s reasoning. This Article introduces the problems confronted when examining the reasons for opinions, and then the reasons beneath those reasons. It shows that majority decision-making is not as reliable as it first seems and, indeed, that a single decision-maker may at times be …

Coordinated Rulemaking And Cooperative Federalism’S Administrative Law, Bridget A. Fahey

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“Cooperative federalism” is not just a model of federalism; it is a model of administration. From health care to air quality to emergency management, transportation, immigration, national security, and more, cooperative federalism is the regulatory model of choice. But scholars have yet to conceptualize a cooperative administrative law for cooperative federalism. As this Article shows, however, federal and state bureaucracies have devised intricate strategies for coordinating their implementation of the programs they jointly administer.

The Article begins to elaborate cooperative federalism’s unseen administrative apparatus by focusing on its distinctive form of legislative rulemaking, the workhorse of administrative law. I show …

The (Mis)Uses Of The S&P 500, Adriana Z. Robertson

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No abstract provided.

Against Political Theory In Constitutional Interpretation, Christopher S. Havasy, Joshua C. Macey, Brian Richardson

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Judges and academics have long relied on the work of a small number of Enlightenment political theorists—particularly Locke, Montesquieu, and Blackstone—to discern meaning from vague and ambiguous constitutional provisions. This Essay cautions that Enlightenment political theory should rarely, if ever, be cited as an authoritative source of constitutional meaning. There are three principal problems with constitutional interpretation based on eighteenth-century political theory. First, Enlightenment thinkers developed distinct and incompatible theories about how to structure a republican form of government. That makes it difficult to decide which among the conflicting theories should possess constitutional significance. Second, the Framers did not write …

Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou

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Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when …