Digital Commons Network^™

At The Nexus Of Antitrust & Consumer Protection, Luke Herrine

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This Essay uses Section 5 of the Federal Trade Commission Act to examine the theoretical and practical relationship between antitrust and consumer protection law. It argues that, since roughly 1980, there has been a hegemonic "neoliberal"framework, one that has in recent years been challenged by an emerging "moral economy" framework. The neoliberal framework conceptualizes antitrust as preventing firms from conspiring to throttle output, with a focus primarily on consumers' interests in low prices, and consumer protection as making consumers informed, rational, and able to switch between competitors with relatively low cost. The moral economy framework conceptualizes both areas of law …

The Exoskeleton Of Environmental Law: Why The Breadth, Depth And Longevity Of Environmental Law Matters For Judicial Review, Sanne H. Knudsen

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Environmental law is pragmatic, inevitable, and intentional. In the aggregate, the numerous federal environmental statutes are not simply a patchwork of ad hoc responses or momentary political breakthroughs to isolated public health problems and resource concerns. Together, they are a group of repeated, legislatively-backed commitments to embrace self-restraint for self-preservation.

Self-restraint and discipline are the essence of environmental law. Indeed, if one studies the patterns and repeated choices in environmental law 's many statutory texts, one can start to appreciate environmental law 's indispensable role in society: it serves as an enduring "exoskeleton," a sort of protective armor created over …

Giving Shareholders The Right To Say No, Albert H. Choi, Adam C. Pritchard

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When a public company releases misleading information that distorts the market for the company’s stock, investors who purchase at the inflated price lose money when (and if) the misleading information is later corrected. Under Rule 10b‑5 of the Securities Exchange Act of 1934, investors can seek compensation from corporations and their officers who make materially misleading statements that the investors relied on when buying or selling a security. Compensation is the obvious goal, but the threat of lawsuits can also benefit investors by deterring managers from committing fraud.

Congress's Anti-Removal Power, Christopher J. Walker, Aaron Nielson

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Statutory restrictions on presidential removal of agency leadership enable agencies to act independently from the White House. Yet since 2020, the U.S. Supreme Court has held two times that such restrictions are unconstitutional precisely because they prevent the President from controlling policymaking within the executive branch. Recognizing that a supermajority of the Justices now appears to reject or at least limit the principle from Humphrey’s Executor that Congress may prevent the President from removing agency officials based on policy disagreement, scholars increasingly predict that the Court will soon further weaken agency independence if not jettison it altogether.

This Article challenges …

Unprecedented Precedent And Original Originalism: How The Supreme Court’S Decision In Dobbs Threatens Privacy And Free Speech Rights, Leonard Niehoff

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The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has drawn considerable attention because of its reversal of Roe v. Wade and its rejection of a woman’s constitutional right to terminate her pregnancy. The Dobbs majority, and some of the concurring opinions, emphasized that the ruling was a narrow one. Nevertheless, there are reasons to think the influence of Dobbs may extend far beyond the specific constitutional issue the case addresses.

This article explains why Dobbs could have significant and unanticipated implications for the law of privacy and the law of free expression. I argue that two …

Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski

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From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human in the loop” systems. We make four contributions to the discourse.

First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into decision making process. Regardless …

What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven Avi-Yonah, Nir Fishbien

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Stanley S. Surrey died in 1984, two years before the enactment of the Tax Reform Act of 1986, which gave us the Internal Revenue Code of 1986 as amended. Historians have recently discovered Surrey’s work through his memoirs, published in 2022, and several articles based on the memoir and on the unpublished Surrey papers at Harvard Law School. There is no doubt that Surrey was a towering historical figure during his “Half-Century with the Internal Revenue Code.” As his protégé Donald Lubick, who served as Assistant Secretary for Tax Policy in both the Carter and the Clinton Administrations, stated, Surrey …

Constitutional Losses And (Some) Statutory Wins For Criminal Defendants: Select Criminal Law And Procedure Cases From The Supreme Court's 2022-2023 Term., Eve Brensike Primus, Mark Rucci

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The Supreme Court’s 2022–23 Term included a number of important statutory interpretation rulings, as well as significant cases concerning the scope of the Confrontation Clause; the Venue, Vicinage, and Double Jeopardy Clauses; the federal courts’ ability to entertain claims of legal innocence; and the contours of the adequate and independent state ground doctrine. It also was the first term for Justice Ketanji Brown Jackson—the first former public defender and first Black woman to join the centuries-old institution. Although Justice Jackson joined a Court ruptured along ideological lines and confronting serious challenges to its legitimacy and ethical standards, she quickly proved …

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

Overview Of Various Components Of Lateral-Flow Immunochromatography Assay For The Monitoring Of Aflatoxin And Limit Of Detection In Food Products: A Systematic Review, Thasmin Shahjahan, Bilal Javed, Vinayak Sharma, Furong Tian

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The detection of aflatoxins is essential for the food industry to ensure the safety and quality of food products before their release to the market. The lateral-flow immunochromatography assay (LFIA) is a simple technique that allows the rapid on-site detection of aflatoxins. The purpose of this review is to evaluate and compare the limits of detection reported in the most recent research articles, published between the years of 2015 and 2023. The limits of detection (LODs) were compared against the particle type and particle size, as well as other variables, to identify trends and correlations among the parameters. A growing …

Constitutional Review Of Federal Tax Legislation, Reuven S. Avi-Yonah, Yoseph M. Edrey

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What does the Constitution mean when it says that “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States” (U.S. Const. Article I, Section 8, Clause 1)?

The definition of “tax” for constitutional purposes has become important considering the Supreme Court’s 2012 decision in National Federation of Independent Business v. Sebelius (“NFIB”), in which Chief Justice Roberts for the Court upheld the constitutionality of the individual mandate of the Patient Protection and Affordable Care Act (“ACA”) under the taxing …

Coming Of Age In The Eyes Of The Law: Theconflict Between Miranda, J.D.B., And Puberty, David M. N. Garavito

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Everyone knows that going through puberty is associated with a multitude of changes: physical, mental, hormonal, etc. Fewer people know that when and how fast one goes through puberty can also be associated with changes to one’s legal rights. The Supreme Court of the United States held, in the landmark case of J.D.B. v. North Carolina, that there were many “commonsense conclusions” that could be drawn from how a child’s age would affect their interactions with law enforcement. In that case, the Court was deciding whether age should affect whether a child was considered “in custody” of the police, granting …

Privacy And National Politics: Fingerprint And Dna Litigation In Japan And The United States Compared, Dongsheng Zang

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Drawing cases from two related areas of law-fingerprint and DNA (deoxyribonucleic acid) data-this Article proposes a modified framework, built on the Balkin-Levinson emphasis on national politics: First, national politics understood as partisan rivalry cannot account for what I call doctrinal lock-in in this Article, where I will demonstrate that in different stages of American politics-the Lochner era, the New Deal era, and Civil Rights era-courts across the nation ruled predominantly in favor of public data collectors-state and federal law enforcement in fingerprint cases. From the 1990s, when DNA data became hot targets of law enforcement, the United States Supreme Court …

Manufacturing Innovation, Xuan-Thao Nguyen

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Using intellectual property assets as the proxy for innovation measures, this paper provides a comprehensive analysis of the legal and policy strategies that form the foundation for China's new role as the global manufacturer of innovation. Manufacturing innovation is evident through China's multi-prong approach regarding intellectual property production and maximization. Significantly, among many other policies that target innovation, China encourages the production of innovation by accepting patents and trademarks as collateral assets for financing. Entrepreneurs can quickly obtain loans against their portfolios of patents and trademarks. China also requires enterprises seeking to undergo an initial public offering (IPO) on the …

Contingency Fee Conflicts: Attorneys Push For Quick-Kill Settlements When Their Clients Would Be Better Off Going To Trial, Steve Calandrillo, Chryssa V. Deliganis, Neela Brocato

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Despite the checkered history of contingency fees in the practice of law, attorneys often claim that such fee arrangements perfectly align the interests of lawyer and client. After all, contingency fee lawyers proclaim in TV ad after TV ad, "we don’t get paid unless you win." That superficial logic does not withstand economic scrutiny. Utilizing a behavioral economics lens, this Article demonstrates that contingency fee arrangements give attorneys excessive incentives to settle cases that their clients would be better off taking all the way through trial. In addition to highlighting this undertheorized problem in law, we offer normative recommendations to …

A Next-Generation Framework: Using Critical Legal Research Pedagogy To Prepare Law Students For The Nextgen Bar Exam, Laura Wilcoxon

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Ready or not, the bar is being raised. The next entering class of law students could sit for the NextGen Bar Examination in 2026. For the first time, recent law school graduates will be asked to demonstrate their proficiency in legal research to become licensed to practice law.

Law librarians can begin to prepare students endeavoring to pass the NextGen bar—and to achieve ultimate success as lawyers well-equipped at legal research—by incorporating critical legal research and critical legal information literacy pedagogy into legal research instruction. The phrase critical legal research was first coined in 2015, and it describes the application …

Honest Belief And Proof Of Unlawful Motive, Eric Schnapper

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A large number of federal statutes impose liability on a defendant if it acted with a forbidden motivation. Intent is also central to the meaning of a number of constitutional provisions, including many applications of the First Amendment and the Equal Protection Clause. The large volume of litigation under these provisions does not turn on doctrinal differences about the meaning of intent or purpose, but on disputes about the types of evidence that are and are not sufficient to establish the existence of the forbidden purpose. Those standards, as a practical matter, determine the efficacy of the prohibition at issue …

Consolidating Port Decarbonisation Implementation : Concept, Pathways, Barriers, Solutions, And Opportunities, A.S. Alamoush, D. Dalaklis, F. Ballini, A.I. Ölcer

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No abstract provided.

Examining An Information System (Is) Solution To Increase Uk University Students’ Engagement During Lecturing Activities, A. Dalaklis, A. Dalaklis, D. Dalaklis

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No abstract provided.

Taxes, Administrative Law, And Agency Expertise: Questioning The Orthodoxy, Scott Schumacher

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One of the foundations of administrative law is that federal agencies and their employees are experts in their respective fields. In addition, the many judgments and decisions made by these experts are based on a thorough record after extensive factfinding. As a result, so the theory goes, courts, particularly courts of general jurisdiction like the United States District Courts, should give deference to the determinations made by these experts. But what if the facts underpinning this foundation are not true in all cases? Should courts nevertheless provide deference to decisions by agencies when it is evident that an agency's determinations …

Persuasive Communication Systems: A Machine Learning Approach To Predict The Effect Of Linguistic Styles And Persuasion Techniques, Annye Braca, Pierpaolo Dondio

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Prediction is a critical task in targeted online advertising, where predictions better than random guessing can translate to real economic return. This study aims to use machine learning (ML) methods to identify individuals who respond well to certain linguistic styles/persuasion techniques based on Aristotle’s means of persuasion, rhetorical devices, cognitive theories and Cialdini’s principles, given their psychometric profile.

Raman Spectroscopy For Early Detection Of Cervical Cancer, A Global Women’S Health Issue—A Review, Rubina Shaikh, Amuthachelvie Daniel, Fiona Lyng

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This review focuses on recent advances and future perspectives in the use of Raman spectroscopy for cervical cancer, a global women’s health issue. Cervical cancer is the fourth most common women’s cancer in the world, and unfortunately mainly affects younger women. However, when detected at the early precancer stage, it is highly treatable. High-quality cervical screening programmes and the introduction of the human papillomavirus (HPV) vaccine are reducing the incidence of cervical cancer in many countries, but screening is still essential for all women. Current gold standard methods include HPV testing and cytology for screening, followed by colposcopy and histopathology …

Optimizing Human Performance To Enhance Safety: A Case Study In An Automotive Plant, Maria Chiara Leva, Michaela Demichela, Carlos Albarran Morillo, Franco Modaffari, Lorenzo Comberti

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Human factors play a relevant role in the dynamic work environments of the manufacturing sector in terms of production efficiency, safety, and sustainable performance. This is particularly relevant in assembly lines where humans are widely employed alongside automated and robotic agents. In this situation, operators’ ability to adapt to different levels of task complexity and variability in each workstation has a strong impact on the safety, reliability, and efficiency of the overall production process. This paper presents an application of a theoretical and empirical method used to assess the matching of different workers to various workstations based on a quantified …

Tfos Lifestyle - Evidence Quality Report: Advancing The Evaluation And Synthesis Of Research Evidence, Laura E. Downie, Alexis Ceecee Britten-Jones, Ruth E. Hogg, Isabelle Jalbert, Tianjing Li, Gareth Lingham, Su-Hsun Liu, Riaz Quereshi, Ian J. Saldanha, Sumeer Singh, Jennifer P. Craig

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Evidence-based practice is a dominant paradigm in healthcare that emphasizes the importance of ensuring the translation of the best available, relevant research evidence into practice. An Evidence Quality Subcommittee was established to provide specialized methodological support and expertise to promote rigorous and evidence-based approaches for the Tear Film and Ocular Surface Society (TFOS) Lifestyle Epidemic reports. The present report describes the purpose, scope, and activity of the Evidence Quality Subcommittee in the undertaking of high-quality narrative-style literature reviews, and leading prospectively registered, reliable systematic reviews of high priority research questions, using standardized methods for each topic area report. Identification of …

Taste And Smell Abnormalities In Advanced Cancer: Negative Impact On Subjective Food Intake, Aidan O'Donoghue, Michelle Barrett, Pauline Uí Dhuibhir Pauline Uí Dhuibhir, Aileen Kennedy, Norma O'Leary, Declan Walshe

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Background: Taste and smell abnormalities (TSAs) are present in all cancer stages and may contribute to malnutrition. Despite this, they are rarely screened for. This study examined the prevalence and characteristics of TSAs and their influence on subjective food intake in advanced cancer. Methods: Consecutive patients with advanced cancer were recruited. A modified Taste and Smell Survey assessed subjective TSAs. Objective TSAs were assessed with validated taste strips and "Sniffin Sticks." A six-item food intake questionnaire identified any effect TSAs had on food preferences/aversions. Nutrition status was evaluated with the abridged Patient-Generated Subjective Global Assessment. Results: All 30 participants had …

Assessment Of The Environmental Impact Of Food Consumption In Ireland-Informing A Transition To Sustainable Diets, Laura B Kirwan, Janette Walton, Albert Flynn, Anne P. Nugent, John Kearney, Nicholas M. Holden, Breige A. Mcnulty

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Dietary changes are required to mitigate the climatic impact of food consumption. Food consumption databases can support the development of sustainable food based dietary guidelines (SFBDG) when linked to environmental indicators. An improved knowledge base is crucial to the transition to sustainable diets, and multiple environmental indicators should be considered to ensure this transition is evidence based and accounts for trade-offs. The current study aimed to quantify the environmental impact of daily diets across population groups in Ireland. Nationally representative food consumption surveys for Irish children (NCFSII; 2017-2018), teenagers (NTFSII; 2019-2020), and adults (NANS; 2008-2010) were used in this analysis. …

Energy Metabolism, Metabolite, And Inflammatory Profiles In Human Ex Vivo Adipose Tissue Are Influenced By Obesity Status, Metabolic Dysfunction, And Treatment Regimes In Patients With Oesophageal Adenocarcinoma, Fiona O'Connell, Eimear Mylod, Noel E. Donlon, Aisling B. Heeran, Christine Butler, Anshul Bhardwaj, Sinead Ramjit, Michael Durand, Gerard Lambe, Paul Tansey, Ivan Welartne, Kevin P. Sheahan, Xiaofei Yin, Claire L. Donohoe, Narayanasamy Ravi

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Oesophageal adenocarcinoma (OAC) is a poor prognosis cancer with limited response rates to current treatment modalities and has a strong link to obesity. To better elucidate the role of visceral adiposity in this disease state, a full metabolic profile combined with analysis of secreted pro-inflammatory cytokines, metabolites, and lipid profiles were assessed in human ex vivo adipose tissue explants from obese and non-obese OAC patients. These data were then related to extensive clinical data including obesity status, metabolic dysfunction, previous treatment exposure, and tumour regression grades. Real-time energy metabolism profiles were assessed using the seahorse technology. Adipose explant conditioned media …

Implementation Of A Food Science And Nutrition Module In A Dental Undergraduate Curriculum, Michael Crowe, Michael O'Sullivan, Lewis Winning, Oscar Cassetti, Brian O'Connell, Aifric O'Sullivan, Eileen Gibney, Suzanne Doyle, Annemarie Bennett, Paula Moynihan

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Although it is generally acknowledged that nutrition should be a core subject in curricula, most dental programmes do not specifically include nutrition education.1–5 The rationale for improving the nutrition education of dental students is supported by the multidirectional and synergistic relationship between nutrition and oral health.6,7 As highlighted recently, achieving a population-wide reduction in free sugar consumption has now become a central tenet for public health authorities and professional healthcare workers globally.8 However, dentists do not have the confidence or competencies to assess or deliver appropriate dietary interventions.

Food And Nutrient Intakes And Compliance With Recommendations In School-Aged Children In Ireland: Findings From The National Children’S Food Survey Ii (2017–2018) And Changes Since 2003–2004., Laura Kehoe, Maria Breffini, Breige A. Mcnulty, John Kearney, Albert Flynn, Janet Walton

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The childhood years represent a period of increased nutrient requirements during which a balanced diet is important to ensure optimal growth and development. The aim of this study was to examine food and nutrient intakes and compliance with recommendations in school-aged children in Ireland and to examine changes over time. Analyses were based on two National Children's Food Surveys; NCFS (2003-2004) (n 594) and NCFS II (2017-2018) (n 600) which estimated food and nutrient intakes in nationally representative samples of children (5-12 years) using weighed food records (NCFS: 7-d; NCFS II: 4-d). This study found that nutrient intakes among school-aged …

Hospital Outcomes In Patients Hospitalized For Covid-19 Pneumonia: The Effect Of Sars-Cov-2 Vaccination And Vitamin D Status, Martyna Sanecka, Modar Youssef, Mohammad Abdulsalam, Syed F. Raza, Abdul Qadeer, Julia Ioana, Alya Aldoresi, Syed I. Shah, Abdul Al Lawati, Joseph Feely, William P. Tormey, Eoghan O'Neill, Liam J. Cormican, Eoin P. Judge, Daniel Mccartney, John L. Faul

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SARS-CoV-2 vaccination promises to improve outcomes for patients with COVID-19 pneumonia (most notably those with advanced age and at high risk for severe disease). Here, we examine serum 25-Hydroxyvitamin D (25(OH)D) status and outcomes in both old (>70 years) and young vaccinated (n = 80) and unvaccinated (n = 91) subjects, who were hospitalized due to COVID- 19 pneumonia in a single center (Connolly Hospital Dublin). Outcomes included ICU admission and mortality. Serum 25(OH)D levels were categorized as D30 (/L), D40 (30–49.99 nmol/L) and D50 (50 nmol/L). In multivariate analyses, D30 was independently associated with ICU admission (OR: 6.87 …