Digital Commons Network^™

Bringing Predictability To The Chaos Of Punitive Damages, Benjamin Mcmichael, W. Kip Viscusi

Articles

Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court's punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlike punishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic—there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …

Tax Harmony: The Promise And Pitfalls Of The Global Minimum Tax, Reuven Avi-Yonah, Young Ran (Christine) Kim

Articles

The rise of globalization has become a double-edged sword for countries seeking to implement a beneficial tax policy. On one hand, there are increased opportunities for attracting foreign capital and the benefits that increased jobs and tax revenue brings to a society. However, there is also much more tax competition among countries to attract foreign capital and investment. As tax competition has grown, effective corporate tax rates have continued to be cut, creating a “race-to-the-bottom” issue.

In 2021, 137 countries forming the OECD/G20 Inclusive Framework on BEPS passed a major milestone in reforming international tax by successfully introducing the framework …

Taking Misappropriation Seriously: State Common Law Disgorgement Actions For Insider Trading, Jeanne L. Schroeder

Articles

In two recent cases, Kokesh v. SEC, and Liu v. SEC, the U.S. Supreme Court cut back substantially on one of the Securities and Exchange Commission’s most important enforcement powers. This is the ability to seek disgorgement from persons who violate the federal securities laws, depriving them of their ill-gotten gains.

Previously, the Supreme Court had developed a largely property-based theory of insider trading. Why is insider trading evil? Because material nonpublic information is property that the trader has fraudulently obtained and must not use for his own purposes

In this article I bring these thoughts together. I …

The Effect Of Transverse Ocular Magnification Adjustment On Macular Thickness Profile In Different Refractive Errors In Community-Based Adults, Hamed Niyazmand, Gareth Lingham, Paul G. Sanfilippo, Magdalena Blaszkowska, Maria Franchina, Seyhan Yazar, David Alonso-Caneiro, David Mackey, Samantha Sze-Yee Lee

Articles

Purpose Changes in retinal thickness are common in various ocular diseases. Transverse magnification due to differing ocular biometrics, in particular axial length, affects measurement of retinal thickness in different regions. This study evaluated the effect of axial length and refractive error on measured macular thickness in two community-based cohorts of healthy young adults.

Methods A total of 2160 eyes of 1247 community-based participants (18–30 years; 23.4% myopes, mean axial length = 23.6mm) were included in this analysis. Macular thickness measurements were obtained using a spectral-domain optical coherence tomography (which assumes an axial length of 24.385mm). Using a custom program, retinal …

Normative Data On The Foveal Avascular Zone In A Young Healthy Irish Population Using Optical Coherence Tomography Angiography, Susan M. O'Shea, Veronica O'Dwyer, Grainne Scanlon

Articles

Purpose: To establish normative data on the size, shape and vascular profile of the foveal avascular zone (FAZ) in a young, healthy, Irish population, using the Cirrus 5000 HD-OCT. Certain diseases may alter FAZ appearance. Normative databases provide normal baseline values for comparison, thus improving diagnostic ability.

Methods: One hundred and fifty-four subjects aged 18–35 years old were recruited. Superficial FAZ area, diameter, circularity, ganglion cell layer, central macular thickness (CMT), vascular perfusion and density were measured using the Cirrus 5000. Axial length was measured with the IOL Master and blood pressure was measured using the Omron sphygmomanometer. …

Performance Of An Adaptive Aggregation Mechanism In A Noisy Wlan Downlink Mu-Mimo Channel, Lemlem Kassa, Mark Davis, Jianhua Deng, Jingye Cai

Articles

This paper investigates an adaptive frame aggregation technique in the medium access control (MAC) layer for the Wireless Local Area Network (WALN) downlink Multi-User–Multiple-In Multiple-Out (MU-MIMO) channel. In tackling the challenges of heterogeneous traffic demand among spatial streams, we proposed a new adaptive aggregation algorithm which has a superior performance over the baseline First-in–First-Out (FIFO) scheme in terms of system throughput performance and channel utilization. However, this earlier work does not consider the effects of wireless channel error. In addressing the limitations of this work, this study contributes an enhanced version of the earlier model considering the effect of channel …

A Worked Example Of Braun And Clarke’S Approach To Refexive Thematic Analysis, David Byrne

Articles

Since the publication of their inaugural paper on the topic in 2006, Braun and Clarke’s approach has arguably become one of the most thoroughly delineated methods of conducting thematic analysis (TA). However, confusion persists as to how to implement this specifc approach to TA appropriately. The authors themselves have identifed that many researchers who purport to adhere to this approach—and who reference their work as such—fail to adhere fully to the principles of ‘refexive thematic analysis’ (RTA). Over the course of numerous publications, Braun and Clarke have elaborated signifcantly upon the constitution of RTA and attempted to clarify numerous misconceptions …

Disruptive Technologies In Smart Farming: An Expanded View With Sentiment Analysis, Sargam Yadav, Abhishek Kaushik, Mahak Sharma, Shubham Sharma

Articles

Smart Farming (SF) is an emerging technology in the current agricultural landscape. The aim of Smart Farming is to provide tools for various agricultural and farming operations to improve yield by reducing cost, waste, and required manpower. SF is a data-driven approach that can mitigate losses that occur due to extreme weather conditions and calamities. The influx of data from various sensors, and the introduction of information communication technologies (ICTs) in the field of farming has accelerated the implementation of disruptive technologies (DTs) such as machine learning and big data. Application of these predictive and innovative tools in agriculture is …

Development Of Modular And Adaptive Laboratory Set-Up For Neuroergonomic And Human-Robot Interaction Research, Marija Savkovic, Carlo Caiazzo, Marko Djapan, Arso M. Vukic´ Evi, Milos Pusica, Ivan Macˇ Užic

Articles

The industry increasingly insists on academic cooperation to solve the identified problems such as workers' performance, wellbeing, job satisfaction, and injuries. It causes an unsafe and unpleasant working environment that directly impacts the quality of the product, workers' productivity, and effectiveness. This study aimed to give a specialized solution for tests and explore possible solutions to the given problem in neuroergonomics and human-robot interaction. The designed modular and adaptive laboratory model of the industrial assembly workstation represents the laboratory infrastructure for conducting advanced research in the field of ergonomics, neuroergonomics, and human-robot interaction. It meets the operator's anatomical, anthropometric, physiological, …

Viscoelastic And Electromagnetic Materials With Nonlinear Memory, Claudio Giorgi, John Murrough Golden

Articles

A method is presented for generating free energies relating to nonlinear constitutive equations with memory from known free energies associated with hereditary linear theories. Some applications to viscoelastic solids and hereditary electrical conductors are presented. These new free energies are then used to obtain estimates for nonlinear integro-differential evolution problems describing the behavior of nonlinear plasmas with memory.

The Locus Algorithm: A Novel Technique For Identifying Optimised Pointings For Differential Photometry, Oisin Creaner, Kevin Nolan Mr, E. Hickey, N. Smith

Articles

Studies of the photometric variability of astronomical sources from ground-based telescopes must overcome atmospheric extinction effects. Differential photometry by reference to an ensemble of reference stars which closely match the target in terms of magnitude and colour can mitigate these effects. This Paper describes the design, implementation, and operation of a novel algorithm – The Locus Algorithm – which enables optimised differential photometry. The Algorithm is intended to identify, for a given target and observational parameters, the Field of View (FoV) which includes the target and the maximum number of reference stars similar to the target. A collection of objects …

Energy-Efficient Dynamic Directional Modulation With Electrically Small Antennas, Adam Narbudowicz, Abel Zandamela, Nicola Marchetti, Max Ammann

Articles

This letter proposes a compact and energy-efficient directional modulation scheme for small and power constrained devices (e.g., Internet of Things wireless sensors). The scheme uses a uniform circular array of monopole antennas, with a single radiofrequency chain and antenna active at a time. The antennas can be located in close proximity, offering significant size reduction. Furthermore, the schemewas demonstrated to operate successfully with an array of 0.6 λ diameter. The system does not generate additional artificial noise, limiting interference to other systems. Finally, the antenna switching sequence can be randomly generated and without fine-tuned synchronization with the transmitter.

Measurement Of Orientation And Distance Change Using Circularly Polarized Uwb Signals, Janusz Przewocki, Max Ammann, Adam Narbudowicz

Articles

The article proposes methodology to use circularly polarized (CP) ultra-wideband (UWB) signals for simultaneous measurement of orientation and distance changes between transmitter and receiver. The proposed technique uses the rotational Doppler effect on CP pulsed communication. The amplitude of a CP signal is immune to polarization misalignment in the presence of rotation; however, the phase is subjected to a frequency-invariant shift proportional to the rotation angle. This significantly distorts the pulse shape in the time domain and can be used for the measurement of the rotated angle. By combining the technique with the well-known localization capability of UWB systems, one …

Boundary Resource Interactions In Solution Networks, Ruiqi Wei, Roisin Vize, Susi Geiger

Articles

Purpose – This study aims to explore the interactions between two different and potentially complementary boundary resources in coordinating solution networks in a digital platform context: boundary spanners (those individuals who span interorganizational boundaries) and boundary interfaces (the devices that help coordinate interfirm relationships, e.g. electronic data interchanges, algorithms or chatbots).

Design/methodology/approach – The authors conducted a multiple case study of three firms using digital platforms to coordinate solution networks in the information communication technology and lighting facility industries. Data were collected from 30 semi-structured interviews, which are complemented by secondary data.

Findings – As task complexity increases, smarter digital …

Exploring Pedagogic And Practical Intersections Of Academic Writing Support For Students In Higher Education, Maria-Jose Gonzalez, Roisin Donnelly

Articles

This case study explores undergraduate and postgraduate student perceptions of the nature and effectiveness of academic writing provision and practice in a university in Ireland. Its focus isthe Academic Writing Centre (AWC), a university-wide initiative to support all students. It discusses students’ perceptions as to the academic writing support provided at the AWC and students’ preferred writing strategies. The research design used a qualitative approach to gather data on students’ perceptions of the academic writing support received at one-to-one consultations. Data was gathered via a student survey (n=21) sent to all students who avail of the AWC’s one-to-one support. Findings …

Will Treating Progressive Myopia Overwhelm The Eye Care Workforce? A Workforce Modelling Study, Gareth Lingham, James Loughman, Stella Kuzmenko, Matilda Biba, Daniel Ian Flitcroft

Articles

Purpose

Treatments for myopia progression are now available, but implementing these into clinical practice will place a burden on the eye care workforce. This study estimated the full-time equivalent (FTE) workforce required to implement myopia control treatments in the UK and Ireland.

Methods

To estimate the number of 6- to 21-year-olds with myopia, two models utilising separate data sources were developed. The examination-based model used: (1) the number of primary care eye examinations conducted annually and (2) the proportion of these that are for myopic young people. The prevalence-based model used epidemiological data on the age-specific prevalence of myopia. The …

Investigating How Speech And Animation Realism Influence The Perceived Personality Of Virtual Characters And Agents, Sean A. Thomas, Ylva Ferstl, Rachel Mcdonnell, Cathy Ennis

Articles

The portrayed personality of virtual characters and agents is understood to influence how we perceive and engage with digital applications. Understanding how the features of speech and animation drive portrayed personality allows us to intentionally design characters to be more personalized and engaging. In this study, we use performance capture data of unscripted conversations from a variety of actors to explore the perceptual outcomes associated with the modalities of speech and motion. Specifically, we contrast full performance-driven characters to those portrayed by generated gestures and synthesized speech, analysing how the features of each influence portrayed personality according to the Big …

Agility Demands Of Gaelic Football Match-Play: A Time-Motion Analysis, Paul F. Talty, Kevin Mcguigan, Mark Quinn, Paul A. Jones

Articles

Research into the physical demands of Gaelic football is limited with no research into the agility or change of direction (CoD) demands of the sport. This study examined the CoD demands of Gaelic football via a time-motion analysis of senior inter-county match play. The Bloomfield movement classification (BMC) was adapted for application to Gaelic football. A new “descriptor” was used in an effort to account for the decision-making component of agility by isolating actions that occurred during active engagement with play. Of 1,899 changes of direction (CoDs) identified, 1,035 occurred during active engagement in play. The left/right split for CoDs …

An Analysis Of Repeated High Intensity Efforts (Rhie) Across Different Competition Levels In Elite Rugby Union, Adam Sheehan, Shane Malone, Anthony Weldon, Aled Waters, Kieran Collins

Articles

The current investigation aimed to understand the differing positional demands across two elite rugby union competitions, with special reference to high-intensity effort (HIE) and repeated high-intensity effort (RHIE) activity. Four hundred and forty-one (n = 441) individual game files from thirty-five competitive games from the European Rugby Champions Cup (tier 1; n = 8) and PRO12 League (tier 2; n = 24) were analysed. Players’ locomotor profiles were recorded using wearable global positioning system microtechnology (10 Hz Catapult S5, Catapult Innovations, Australia). Locomotor activities were classified as running (4.4 ms1), high-speed running (5.5 ms1), accelerations (2 ms2) and decelerations (2 …

Design, Spectroscopy, And Assessment Of Cholinesterase Inhibition And Antimicrobial Activities Of Novel Coumarin–Thiadiazole Hybrids, Dariusz Karcz, Karolina Starzak, Ewa Ciszkowicz, Katarzyna Lecka-Szlachta, Daniel Kami´ Nski, Bernadette Creaven, Anna Miło, Hollie Jenkins, Lidia Slusarczyk, Arkadiusz Matwijczuk

Articles

A novel series of coumarin–thiadiazole hybrids, derived from substituted coumarin-3- carboxylic acids was isolated and fully characterized with the use of a number of spectroscopic techniques and XRD crystallography. Several of the novel compounds showed intensive fluorescence in the visible region, comparable to that of known coumarin-based fluorescence standards. Moreover, the new compounds were tested as potential antineurodegenerative agents via their ability to act as acetylcholinesterase (AChE) and butyrylcholinesterase (BuChE) inhibitors. Compared to the commercial standards, only a few compounds demonstrated moderate AChE and BuChE activities. Moreover, the novel derivatives were tested for their antimicrobial activity against a panel of …

The Influence Of Weekly Sprint Volume And Maximal Velocity Exposures On Eccentric Hamstring Strength In Professional Football Players, Sunnan Shah, Kieran Collins, Lewis J. Macgregor

Articles

No abstract provided.

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Articles

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Betsy Ginsberg, Margo Schlanger

Articles

For over twenty-five years, the Prison Litigation Reform Act (PLRA) has undermined the constitutional rights of incarcerated people. For people behind bars and their allies, the PLRA makes civil rights cases harder to bring and harder to win—regardless of merit. We have seen the result in the wave of litigation relating to the COVID-19 pandemic. Beginning March 2020, incarcerated people facing a high risk of infection because of their incarceration, and a high risk of harm because of their medical status, began to bring lawsuits seeking changes to the policies and practices augmenting the danger to them. Time and again, …

Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein

Articles

The advent of mobile devices and digital media platforms in the past decade represents the biggest shock to cognition in human history. Robust medical evidence is emerging that digital media platforms are addictive and, when used in excess, harmful to users’ mental health. Other types of addictive products, like tobacco and prescription drugs, are heavily regulated to protect consumers. Currently, there is no regulatory structure protecting digital media users from these harms. Antitrust enforcement and regulation that lowers entry barriers could help consumers of social media by increasing competition. Economic theory tells us that more choice in digital media will …

Post-Grant Adjudication Of Drug Patents: Agency And/Or Court?, Arti K. Rai, Saurabh Vishnubhakat, Jorge Lemus, Erik Hovenkamp

Articles

The America Invents Act of 2011 (AIA) created a robust administrative system-the Patent Trial and Appeal Board (PTAB)-that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that administrative adjudication of the validity of initial patent grants could be cheaper and more scientifically accurate than district court adjudication of such validity.

For private economic value per patent, few areas of technology can match the biopharmaceutical industry. This is particularly true for small-molecule drugs. A billion-dollar drug monopoly may be protected from competition by a relatively small number of patents. Accordingly, the social cost …

Dominant Frequency Component Tracking Of Noisy Time-Varying Signals Using The Linear Predictive Coding Pole Processing Method, Jin Xu, Mark Davis, Ruairí De Fréin

Articles

The linear predictive coding pole processing (LPCPP) method proposed in our previous work overcomes the shortcomings of the LPC method, especially its sensitivity to noise and the filter order. The LPCPP method is a parameterised method that involves processing the LPC poles to produce a series of reduced-order filter transfer functions to estimate the dominant frequency components of a signal. This paper analyses the ability of the LPCPP method to track the frequency changes of noisy, time-varying signals in real-time. Linear chirped frequency modulation signals are used in a series of experiments to simulate signals with different rates of frequency …

Bias Impedes Progress In Physical Biology, Consciousness Studies And Quantum Gravity, Maurice Goodman

Articles

If scientists hope to make progress in consciousness studies they needs to accept that biased judgments have a major influence on the sciences, how we divide them up, how they are funded and this, in turn, has a profound impact on progress. The imbalance in funding, resulting from bias, in favour of the life and health sciences needs to be addressed as does why perversely little of this funding is devoted to a physics explanation of self-organisation and life on the mesoscopic scale? While life (the cell) is an outstanding example of self-organisation on the mesoscopic scale we need to …

Using Feature Selection With Machine Learning For Generation Of Insurance Insights, Ayman Taha, Bernard Cosgrave, Susan Mckeever

Articles

Insurance is a data-rich sector, hosting large volumes of customer data that is analysed to evaluate risk. Machine learning techniques are increasingly used in the effective management of insurance risk. Insurance datasets by their nature, however, are often of poor quality with noisy subsets of data (or features). Choosing the right features of data is a significant pre-processing step in the creation of machine learning models. The inclusion of irrelevant and redundant features has been demonstrated to affect the performance of learning models. In this article, we propose a framework for improving predictive machine learning techniques in the insurance sector …