Digital Commons Network^™

Can Community Festivals Make Urban Places More Hospitable?, Bernadette Quinn

Articles

Cultivating places and spaces to encourage sociality and foster sociocultural inclusion is a very pertinent societal challenge. Community festivals are often marshalled in the interest of making cities more hospitable for the increasing numbers of migrants, refugees, remote workers and tourists internationally on the move. This study investigates if and how community festivals are constructing hospitality through their practices. The findings are drawn from a qualitative study of two community festivals in Dublin's North East Inner City, an ethnically diverse area characterized by social disadvantage. They suggest that community festivals can make places more hospitable. However, the approaches taken to …

“Criminalizing” Depositions In Arbitration, Mitch Zamoff

Articles

Civil litigation–style deposition practice is preventing commercial arbitration from reaching its full potential as an economical, efficient alternative to a civil lawsuit. Although there is consensus among alternative dispute resolution experts that meaningful limits must be imposed on arbitration discovery to unlock the efficiency benefits of arbitration, depositions continue to feature prominently in commercial arbitrations for at least three reasons. First, civil litigators are addicted to depositions. They reflexively propose overdone deposition practice in arbitrations that replicates their litigation experience. Second, arbitrators may hesitate to disallow deposition discovery out of fear that their awards will be vacated for failure to …

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 …

Shareholders All The Way Down: Eu Corporate Sustainability Reforms And The Structure Of Corporate Governance, Matthew Bodie

Articles

The laws and norms of corporate law are changing across the globe. Gone are the days when scholars could confidently predict that shareholder wealth maximization would be the universal metric of corporate success. Instead, corporate leaders, governments, workers, activists, and even shareholders are looking beyond simplistic models of shareholder primacy to a broader understanding of corporate responsibility. This new approach has taken its firmest hold in the European Union, where three directives over the last decade have reshaped reporting requirements and directors’ duties in significant ways, pushing for greater accountability and attention to the needs of stakeholders.

Changes to company …

Expert Stakeholder Perspectives On Emerging Technology For Neuroimaging Research With Highly Portable Mri: The Need For Guidance On Ethical, Legal, And Societal Issues, Molly K. Madzelan, Frances Lawrenz, Susan Wolf, Francis X. Shen

Articles

Portable MRI (pMRI) technology, which promises to transform brain imaging research by facilitating scanning in new geographic areas and the participation of new, diverse populations, raises many ethical, legal, and societal issues (ELSI). To understand this emerging pMRI ELSI landscape, we surveyed expert stakeholder views on ELSI challenges and solutions associated with pMRI research.

Scientists' Perspectives On Ethical Issues In Research With Emerging Portable Neuroimaging Technology: The Need For Guidance On Ethical, Legal, And Societal Implications (Elsi), Frances Daniels, Efrain Torres, Frances Lawrenz, Susan M. Wolf, Francis X. Shen

Articles

Deployment of new, more portable, and less costly neuroimaging technologies such as portable magnetoencephalography, electroencephalography, positron emission tomography, functional near-infrared spectroscopy, high-density diffuse optical tomography, and magnetic resonance imaging is advancing rapidly. Given this trajectory toward increasing use of neuroimaging outside the hospital, we sought to identify ethical, legal, and societal implications (ELSI) of these new technologies by understanding the perspectives of those scientists and engineers developing and implementing portable neuroimaging technologies in the United States, Europe, and Asia. Based on a literature review, we identified and contacted 19 potential interviewees and then conducted 11 semi-structured interviews in English by …

Race, Racial Bias, And Imputed Liability Murder, Perry Moriearty, Kat Albrecht, Caitlin Glass

Articles

Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few scholars have addressed, however, is who bears the brunt.

This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals …

The Original Presidency: A Conception Of Administrative Control, Ilan Wurman

Articles

The two predominant conceptions of executive power and supervision over the administrative state are inadequate. One maintains that all administrative discretion is the President’s, and that by virtue of the grant of executive power the President can both remove and control the discretion of all subordinate offcers. That poses a possible textual problem: it seems to make the Opinions Clause superfuous. The other conception maintains that the President is, at best, a “persuader-in-chief,” with no constitutional right to control administrative discretion or to remove offcers tasked with implementing statutory duties. Although this view makes sense of the Opinions Clause, there …

The Three-Verdict Problem, Jack Whiteley

Articles

!n Scotland, for hundreds of years, juries have chosen between three criminal verdicts: “guilty,” “not guilty,” and “not proven.” The “not proven” verdict’s legal meaning remains mysterious. In this article, I aim to describe and solve the problem. Applying modern ideas about standards of proof to the intellectual history of “not proven” yields eight plausible meanings for the verdict. With the extent of the problem in mind, I offer a solution. In the three-verdict system, jurors should deliver a “guilty” verdict when they believe that the accused has committed the crime and a “not guilty” verdict when they believe that …

Why Mass Incarceration Is Uniquely American, Michael Tonry

Articles

Mass incarceration, among Western countries a uniquely American phenomenon, resulted from a transformation of American criminal justice systems. Indeterminate sentencing systems in which legislatures established maximum sentences, prosecutors processed cases, judges decided who went to prison, and parole boards decided how long people stayed there were replaced by determinate systems in which legislatures prescribed minimum sentences, prosecutors made the key charging and sentencing decisions, judges processed cases and sentenced minor crimes, and parole boards lost much of their authority. Parole boards and judges become largely irrelevant whenever prosecutors file charges subject to mandatory sentence, three-strikes, truth-in-sentencing, and life without parole …

Conferring Prestige Within Irish Diplomatic Dining: Éamon De Valera At Dublin Castle, 1934-1940, Elaine Mahon

Articles

This article explores the use of the diplomatic meal to confer prestige within Irish international relations between 1934 and 1940 when Éamon de Valera was both President of the Executive Council of the Irish Free State and Minister for External Affairs. It examines how state hospitality evolved under de Valera’s leadership and how de Valera used the meal to confer varying levels of prestige, indicative of rank, status and provenance, on his guests of honour at Dublin Castle. The results would lay the foundation for further developments in state protocols for entertaining important visitors in preparation for Ireland’s growing international …

The Sweep And Force Of Section Three, William Baude, Michael Paulsen

Articles

Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion. Because of a range of misperceptions and mistaken assumptions, Section Three’s full legal consequences have not been appreciated or enforced. This Article corrects those mistakes by setting forth the full sweep and force of Section Three.

First, Section Three remains an enforceable part of the Constitution, not limited to the Civil War, and not effectively repealed by nineteenth century amnesty legislation. Second, Section Three is self-executing, operating as an immediate disqualification from office, without the need for additional action by …

Constraining Constitution-Making, Adam Chilton, Cristián Eyzaguirre, David Landau, Mila Versteeg

Articles

Whether constitution-making should be constrained has long been debated, but little is known about whether it is possible. We make several contributions to this question. We start by providing a typology of three types of constraints on constitution- making: Substantive, Procedural, and Institutional. We next develop a positive theory of when these constraints are likely to influence drafters’ behavior. We then use a mixed-methods approach to explore these ideas in the context of Chile’s constitutional reform process. In a survey experiment conducted in Chile before citizens voted on the draft constitution, we find that most respondents supported constraints in the …

The New Outlawry, Darrell Miller, Jacob Charles

Articles

From subtle shifts in the procedural mechanics of self-defense doctrine to substantive expansions of justified lethal force, legislatures are delegating larger amounts of “violence work” to the private sphere. These regulatory innovations layer on top of existing rules that broadly authorize private violence—both defensive and offensive—for self- protection and the ostensible maintenance of law and order. Yet such significant authority for private violence, and the values it projects, can have tragic real-world consequences, especially for marginalized communities and people of color.

We argue that these expansions of private violence tap into an ancient form of social control—outlawry: the removal of …

The Natural Law Origins Of Private And Public Law, Richard Epstein

Articles

This article attempts to counter the widespread skepticism that surrounds any appeal to natural law principles, starting with Roman law at one end and the appeal to general law under Swift v. Tyson on the other. It steers a systematic middle course between moral absolutism, which treats all relationships as fixed and immutable, and modern realist positions that insist the infinite variety of legal approaches to most legal problems proves that there is no solid core to either natural law or general law. The natural law positions set out the basic relationships for marriage and family, for alluvion and avulsion …

The General-Law Right To Bear Arms, William Baude, Robert Leider

Articles

No abstract provided.

Layered Constitutionalism, Payvand Ahdout, Bridget Fahey

Articles

No abstract provided.

Asking Gpt For The Ordinary Meaning Of Statutory Terms, Richard Mcadams, Christoph Engel

Articles

No abstract provided.

‘Les Noirs Ne Sont Pas Des Cuisiniers, C'Est Des Plongeurs!': Exploring The Lived Experience Of Migrant Cooks In Paris, Siobhán Gough, Máirtín Mac Con Iomaire

Articles

A global shortage of chefs and cooks currently exists within the hospitality industry, exacerbated by the Covid-19 pandemic. Migrant cooks are essential to the culinary industry, yet remain relatively anonymous within the academic literature, a research gap which this original paper seeks to address. Using a phenomenological epistemology, combined with the theoretical framework of hospitality and practice theory, this qualitative research focused on investigating the lived experience of the professional lives and identities of immigrant cooks working in Paris, France, the birthplace of the restaurant. Extant literature was reviewed, and a focus group with migrant cooks explored themes within and …

The Government Speech Doctrine Ate My Class: First Amendment Capture And Curriculum Bans, Caroline Mala Corbin

Articles

Because of the government speech doctrine, public school curriculum restrictions like “Don’t Say Gay” mandates and bans on teaching critical race theory may escape free speech review. This exemplifies “First Amendment capture.” The term “capture” comes from “agency capture,” which occurs when regulated entities effectively gain control over the agency meant to oversee them. First Amendment capture occurs when speech becomes controlled by the government when the Free Speech Clause should be regulating the government.

Generally, laws that censor content trigger strict scrutiny under the Free Speech Clause. Curriculum bans, however, may trigger no scrutiny at all. Under the government …

The American Antimonopoly Tradition: Origins, Contradictions, Transformations, Daniel A. Crane

Articles

Proponents of antitrust reform argue for the rediscovery of an American antimonopoly tradition that predated the Sherman Act by centuries and suggests the reimagination of a more robust contemporary policy against concentrated economic power. But historically there have been a number of distinct and often contradictory strands of American antimonopoly. The American colanists inherited a weak, recent, and largely invented antimonopoly common law tradition focused on exclusive grants of privilege from the crown. In the nineteenth century, antimonopoly became a generative and ubiquitous concept in state legislatures and courts, but one with multiple, inconsistent meanings that evolved in the decades …

Circular Material Usage Strategies And Principles In Buildings: A Review, Paulo Santos, Génesis Camila Cervantes, Alicia Zaragoza-Benzal, Aimee Byrne, Ferhat Karaca, Daniel Ferrández, Adriana Salles, Luís Bragança

Articles

Building construction accounts for a significant proportion of global greenhouse gas emissions, raw material extraction, and waste production. Applying circular economy (CE) principles in the building construction industry would considerably reduce these values. However, uptake by the industry is relatively slow, which is largely attributed to sectoral barriers, including limitations in knowledge and experience. This review paper aims to assess and contribute to diminishing these obstacles by offering a comprehensive review of circular material usage principles and strategies within the construction sector. Opportunities and facilitators of change are also presented, including innovations and emerging technologies in recycling, digitization, robotic systems, …

The Origins Of The Legal Imagination, James Boyd White

Articles

I want to say at the outset that I feel honored beyond imagining at this celebration of the fiftieth anniversary of my book, and all the more because it is you who have set this up—so many beloved friends over the years and others who will surely become friends. I thank you deeply.

As I wondered about what I might say this morning, I thought perhaps you would be interested in where this truly odd book, with its 986 pages of readings and questions, came from.

Neural Correlates Of Audiovisual Narrative Speech Perception In Children And Adults On The Autism Spectrum: A Functional Magnetic Resonance Imaging Study, Lars A. Ross, Sophie Molholm, John S. Butler, Victor A. Del Bene, Tufikameni Brima, John J. Foxe

Articles

Autistic individuals show substantially reduced benefit from observing visual articulations during audiovisual speech perception, a multisensory integration deficit that is particularly relevant to social communication. This has mostly been studied using simple syllabic or word-level stimuli and it remains unclear how altered lower-level multisensory integration translates to the processing of more complex natural multisensory stimulus environments in autism. Here, functional neuroimaging was used to examine neural correlates of audiovisual gain (AV-gain) in 41 autistic individuals to those of 41 age-matched non-autistic controls when presented with a complex audiovisual narrative. Participants were presented with continuous narration of a story in auditory-alone, …

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok

Articles

Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …

Situating The Modern Public Trust Doctrine In Trust Law: The Duty Of Loyalty And The Case For Bifurcated, De Novo Judicial Review, Edward A. Zelinsky

Articles

This article situates the modern public trust doctrine (PTD) in contemporary trust law. Grounding the PTD in trust law leads to two important corollaries. First, the PTD planted in trust law imposes upon government actors and agencies trust law’s fiduciary duty of loyalty. In the context of the PTD, that duty of loyalty runs to the public as the beneficiary of the PTD. Second, faced with plausible claims that this fiduciary duty of loyalty to the public has been violated, courts should apply trust law’s de novo standard of review to those administrative and legislative decisions alleged to impair public …

Exoneration Finance, Kay L. Levine, Russell M. Gold

Articles

The path to financial compensation for the wrongfully convicted can be complex and time-consuming. Exonerees often struggle to make ends meet and function in free society, let alone navigate serpentine processes while waiting years for the recovery they deserve. Securing the assistance of an attorney is often a critical step, but too few lawyers are willing to risk accepting these complicated cases on a contingency-fee basis the only way that exoneree-clients can likely pay their lawyers without outside help.

Litigation finance an important tool for increasing access to justice in tort cases could help close this access to justice gap …

Inequitable Organ Allocation, Benjamin Mcmichael

Articles

Seventeen people die every day in the United States waiting for an organ transplant, and over 100,000 people are currently on waitlists to receive a donated organ. Given these stark numbers, the allocation policies governing who receives donated organs are both critically important and hotly debated. Congress passed the National Organ Transplant Act in 1984 with the goal of eliminating markets for organs and the promise of equitable access to transplants without regard to geography or socioeconomic status. Despite these laudable goals, recent developments in organ allocation policy have led to multiple lawsuits, congressional inquiries, and an expose in the …

Protecting The Sovereign's Money Monopoly, Gary B. Gorton, Jeffery Zhang

Articles

Sovereign states have held a monopoly over the production of circulating money for well over a century. Governments, not private entities, issue circulating money. The advent of stablecoins—privately issued digital money that can circulate—raises the question of the sovereign’s money monopoly from the grave. Should private money circulate alongside sovereign money in the twenty-first century? We argue against coexistence to preserve financial stability and monetary sovereignty.

Through the lens of economic theory, we explore the coexistence question by revisiting the original debates that led to the sovereign’s money monopoly in England, the United States, Canada, and Sweden. In each case, …

The Macroprudential Myth, Jeremy C. Kress, Jeffery Yufeng Zhang

Articles

According to conventional wisdom, the 2008 fnancial crisis fundamen- tally changed how policymakers approach fnancial regulation. Before the crisis, regulators sought to prevent individual fnancial institutions from collapsing, but this “microprudential” strategy proved inadequate to stop the market-wide meltdown. In response, policymakers purportedly turned to a new “macroprudential” approach that prioritizes the stability of the fnancial system as a whole instead of individual institutions in isolation. Regulators in the United States and abroad enthusiastically embraced macroprudential policy, implementing stress tests, capital buffers, liquidity requirements, and other supposed macroprudential tools. As the United States’ top bank regulator declared in 2015, “[W]e …