Digital Commons Network^™

Realism, Disagreement, And Explanation, Brian Leiter

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No abstract provided.

Democracy's Other Boundary Problem: The Law Of Democratic Disqualification, Tom Ginsburg, Aziz Huq, David Landau

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Almost all national constitutions contain one or more ways to disqualify specific individuals from political office. Indeed, the U.S. Constitution incorporates at least four overlapping pathways toward disqualification. This power of disqualifying specific individuals or groups stands at the heart of the complex project of maintaining democratic rule. In practice, disqualification can work both as an instrument for preserving democratic rule and also as a knife against it. This Article is the first to systematically analyze the complex positive and normative questions raised by disqualification. We offer both a positive account of the function that disqualification plays in constitutional ordering …

The Multifaceted Method Of Comparative Law And Economics, Francesco Parisi

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As initially conceived of in the Eighties, Comparative Law and Economics provided legal scholars a neutral language for the exploration of similarities and differences across legal systems. Its value added is the theoretical rigour of its models and the possibility to engage in a scientific dialogue not hampered by jurisdiction-specific features. At a later stage, comparative approaches became fully embedded in economic research and its empirical methods. Possible synergies with comparative legal research abound, but the organization of academic structures has so far prevented to fully exploit them.

Moderating The Fediverse: Content Moderation On Distributed Social Media, Alan Rozenshtein

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No abstract provided.

Doing Injustice: Exchanging One “Arbitrary, Cruel, And Reckless” Sentencing System For Another, Michael Tonry

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Marvin Frankel’s characterization of American sentencing in Criminal Sentences: Law Without Order remarkably successfully distilled ideas that were in the air and emerging. His main proposals—a sentencing commission, sentencing rules, requirements that judges explain their decisions, and meaningful appellate sentence review—would in a better America go a long way toward establishing the kind of rational, humane, and just process he imagined. Despite some early, partial successes, however, Frankel’s proposals remain largely untested. In retrospect, he underestimated, misunderstood, or chose to ignore formidable political impediments to serious sentencing reform in late twentieth century America. He also largely ignored two intractable problems, …

The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase

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Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story …

State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Fionnuala Ní Aoláin

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This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The Essay first sets out the applicable legal framework and rapid normative developments in international counter-terrorism financing law. Second, the Essay provides a snapshot of existing allegations of human rights violations committed in the name of international counter-terrorism financing obligations, including judicial harassment and undue surveillance of human rights defenders and civil …

Enforcement-Proofing Work Law, Charlotte Garden

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No abstract provided.

Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan

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Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …

Mitigating Citation Errors In The Interlibrary Loan System, Scott Dewey, David Zopfi-Jordan

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Journal articles from most academic disciplines have long shown high rates of citation errors. American law reviews, with their careful cite-checking, are a rare exception to the overall rule. Incorrect citations are especially costly and problematic for interlibrary loan librarians. This article offers practical suggestions to address the problem.

Ai Tools For Lawyers: A Practical Guide, Daniel Schwarcz

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This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is widely available at the time of this writing—it emphasizes that lawyers can use traditional legal skills to refine and verify LLM legal analysis. In the process, lawyers and law students can effectively turn freely available LLMs into highly productive personal legal assistants.

The Virtuous Executive, Alan Rozenshtein

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As currently conceived, executive power law and scholarship detach the identity of the President from the powers and duties of the presidency. Whether an official was properly dismissed without cause, whether a pardon was validly issued, whether a foreign policy debacle rose to the level of an impeachable offense—the answers to all these questions are not supposed to depend on the President’s personal characteristics.

This Article argues that this veil of ignorance is incompatible with a correct understanding of Article II. To properly empower good Presidents and constrain bad ones, constitutional actors must take into account the President’s personal characteristics. …

Liability Or No Liability? Promoting Safety By Shifting Accident Losses Onto Third Parties, Francesco Parisi

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In a recent article, Guerra et al. considered the problem of liability for accidents caused by the activity of robots, proposing a novel liability regime, which they referred to as ‘manufacturer’s residual liability.’ Under this regime, injurers (robot operators) and victims are liable for accidents due to their negligence (hence, they are incentivised to act diligently), and third-party robot manufacturers bear all remaining accident losses, even when the accident is not caused by a defect or malfunction of the robot. In this article, I explore the possibility of extending this framework of liability to other tort scenarios. I refer to …

The Public Administration Of Justice, Nicholas Bednar

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Adjudicatory agencies decide who receives social-welfare benefits, which inventions deserve patents, and which noncitizens get to remain in the United States. Scholars have argued that agency adjudication lacks sufficient structural and procedural protections to ensure unbiased decision-making. Yet these critiques miss a key problem with agency adjudication: the lack of adjudicatory capacity. This Article argues that low-capacity agencies cannot satisfy the Due Process Clause's demand for accurate decision-making. To produce accurate decisions, adjudicatory agencies need sufficient levels of capacity: (1) material resources, (2) expert adjudicators, and (3) support staff When agencies lack these resources, their adjudicators rely on various coping …

Burdens Of Proof In Establishing Negligence: A Comparative Law And Economics Analysis, Francesco Parisi, Giampaolo Frezza

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Inherent in any judicial system is the need to allocate the burden of proof on one party. Within the realm of negligence torts, that burden is traditionally placed on the plaintiff, meaning that the plaintiff must bring forth sufficient evidence to establish negligence by the defendant. In effect, this is a legal presumption of non-negligence in favor of the defendant. In some jurisdictions for specific torts, defendants are, instead, presumed negligent, therefore requiring defendants to come forth with sufficient evidence to prove their due diligence. In this paper, we discuss the legal origins and effects of these differences in a …

The Value Of Understandable Consumer Insurance Contracts, Daniel Schwarcz, Kyle Logue, Brenda J. Cude

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Insurance consumers, the intermediaries who serve them, and the regulators who protect them all would benefit from understandable consumer insurance contracts. This article outlines the benefits of understandable insurance contracts, identifies the regulatory tools that are or can be used to ensure such comprehensibility, and reviews the existing literature about how well consumers comprehend their insurance policies within the context of personal lines insurance in the U.S. The article concludes by proposing an empirical research strategy to study consumers’ understanding of the terms of homeowners insurance policies and, even when they have not read their policies, their expectations about coverage.

Isolated Effects Of Footwear Structure And Cushioning On Running Mechanics In Habitual Mid/Forefoot Runners, A.H Gruber, Joe Warne, J. Hamill

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The true differences between barefoot and shod running are difficult to directly compare 2 because of the concomitant change to a mid/forefoot footfall pattern that typically occurs 3 during barefoot running. The purpose of this study was to compare isolated effects of footwear 4 structure and cushioning on running mechanics in habitual mid/forefoot runners running shod 5 (SHOD), barefoot (BF), and barefoot on a foam surface (BF+FOAM). Ten habitually shod 6 mid/forefoot runners were recruited (male=8, female=2). Repeated measures ANOVA 7 (α=0.05) revealed differences between conditions for only vertical peak active force, contact 8 time, negative and total ankle joint …

The Relationship Between Ventilation Rates In Schools And The Indoor Airborne Transmission Potential Of Covid-19, Seamus Harrington, Mark Mulville, Spyros Stravoravdis

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The requirement for natural ventilation strategies in classrooms to perform in respect to both their inherent and adaptive capacity is necessary to mitigate the risk of transmission associated with infectious airborne pathogens such as COVID-19. This paper assesses the performance of ten classrooms considering (a) the designed versus actual ventilation capacity; (b) the probability of airborne disease transmission by unit time resulting from calculated ventilation rates and (c) the reduction of transmission risk associated with mask wearing by all occupants.

Monitored air changes per hour (ACH) range from 0.26–1.7, demonstrating that none of the classrooms meet designed ventilation rate whilst …

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

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No abstract provided.

Levmore On Simple Rules, Richard Epstein

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No abstract provided.

Proper Parties, Proper Relief, William Baude, Samuel Bray

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No abstract provided.

Twilight-Zone Originalism: The Peculiar Reasoning And Unfortunate Consequences Of New York State Pistol & Rifle Association V. Bruen,, Albert Alschuler

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No abstract provided.

Simplicity And Complexity In Law And In Markets, Saul Levmore

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No abstract provided.

Efficacious Answers To The Non-Pro Rata Workout, Vincent Buccola

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he lack of comprehensive response to a recent wave of non-pro rata refinancing transactions poses theoretical as well as practical puzzles. Most market participants seem to think that workout negotiations at least presumptively ought to treat creditors in a bond or a loan facility equally. Yet more than two years after it became clear that debtors would consider non-pro rata deals, and despite evidence that clever advisors might be able to circumvent contractual changes addressed to a specific non-pro rata transactional form, no effort to ensure equal treatment generally has taken hold. Why not?

This essay offers an optimistic account …

What Do Law Professors Believe About Law And The Legal Academy?, Eric Martinez, Kevin Tobia

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Legal scholarship is replete with debates about competing legal theories: textualism or purposivism; formalism or realism; natural law or positivism; prison reform or abolition; universal or culturally specific human rights? Despite voluminous literature about these debates, great uncertainty remains about which views experts endorse. This Article presents the first dataset of American law professors’ views about legal theory. A study of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding debates.

Law professors also debate questions about the legal academy. These include descriptive questions: Which subjects (for example, constitutional law) and methods (for example, law …

Rethinking Disclosure Obligations In Securities Regulations: Why Less Is (Much) More, Richard Epstein

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No abstract provided.

Ammonia Cycling And Emerging Inorganic Secondary Aerosols From Arable Agriculture, Vivien Pohl, Alan Gilmer, Vivienne Byers, John Cassidy, Aoife Donnelly, Stig Hellebust, Eoin J. Mcgillicuddy, Eugene Mcgovern, David J. O'Connor

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No abstract provided.

Exploiting Multimode Antennas For Mimo And Aoa Estimation In Size-Constrained Iot Devices, Abel Zandamela, Alessandro Chiumento Alessandro Chiumento, Alessandro Chiumento, Nicola Marchetti, Max Ammann, Adam Narbudowicz

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This work proposes compact multimode Multiple-Input–Multiple-Output (MIMO) antennas for Angle of Arrival (AoA) estimation in miniaturized Internet of Things (IoT) systems. The method excites different orthogonal radiating modes (TM 21 , TM 02 , and TM 31 modes) for beamforming capabilities, and the AoA performance is investigated using the Multiple Signal Classification (MUSIC) algorithm, executed using numerical and experimental data. The technique is tested at 2.238GHz , while using an antenna diameter

A Simple Microcalorimetry System To Determine The Adsorption Behaviour Of Acids In Large Adhesive Bond Gaps Using Base-Initiated Solution Polymerisation Of Ethyl-2-Cyanoacrylate, Kevin Raheem, John Cassidy, Tony Betts, Bernard Ryan

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This work presents the use of a simple microcalorimetry cyanoacrylate (CA) polymerisation system for investigating aspects of CA adhesive cure through gap and adsorption of adhesive acid stabiliser by a range of metal and glass substrates. It is well established that strong acid induced inhibition periods (IPs) are almost directly proportional to the acid concentration in weak base initiated polymerisations of alkyl CAs in tetrahydrofuran (THF). Ethyl cyanoacrylate (ECA) polymerisation IP measurements were used to determine the adsorption of methanesulfonic acid (MSA) in THF or ECA solutions by a range of metal, glass and polypropylene (PP) lap shears surfaces. The …

Trade Policing, Kathleen Claussen

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At the core of U.S. economic governance, there is a novel and under-noticed phenomenon that challenges longstanding frameworks of international law and corporate compliance. This practice, which this Article terms the new "trade policing," has extraordinary reach. Recent regulatory makeovers and pathbreaking statutes empower our trade agencies to target, for the first time, companies, rather than foreign governments, as used to be their purview. Trade police now pursue companies wherever they may be in the world, not just for violating U.S. law but also for violating foreign law in areas as diverse as labor rights and environmental protections. Such a …