Digital Commons Network^™

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

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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 …

Systematic Review Of Clinical Practice Guidelines For Uveitis, Nima Ghadiri, Ian R. Reekie, Iris Gordon, Sare Safi, Gareth Lingham, Jennifer R. Evans, Stuart Keel

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To facilitate the integration of eye care into universal health coverage, the WHO is developing a Package of Eye Care Interventions (PECI). Development of the PECI involves the identification of evidence-based interventions from relevant clinical practice guidelines (CPGs) for uveitis.

A systematic review of CPGs published on uveitis between 2010 and March 2020 was conducted. CPGs passing title and abstract and full-text screening were evaluated using the Appraisal of Guidelines for Research and Evaluation II (AGREE II) tool and data on recommended interventions extracted using a standard data extraction sheet.

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

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What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …

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.

From Cannabis To Crypto: Federal Reserve Discretion In Payments, Julie Andersen Hill

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From its inception, the Federal Reserve has operated payment systems that let banks move money for their customers. Checks, wire transfers, and electronic consumer payments all happen thanks to the Federal Reserve. Congress by statute specified which banks get access to the Fed's payment services. For more than a century, the Federal Reserve provided services to all legally eligible banks. But when the Federal Reserve received requests for payments access from a cannabis-focused credit union and a cryptocurrency custody bank (both of whom are legally eligible), it denied them. The Fed also issued sweeping guidelines claiming discretion to conduct risk …

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 …

Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen

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During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …

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 …

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 …

Due Process Deportations, Angelica Chazaro

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Should pro-immigrant advocates pursue federally funded counsel for all immigrants facing deportation? For most pro-immigrant advocates and scholars, the answer is self-evident: More lawyers for immigrants would mean more justice for immigrants, and thus, the federal government should fund such lawyers. Moreover, the argument goes, federally funded counsel for immigrants would improve due process and fairness, as well as make immigration enforcement more efficient. This Article argues the opposite: Federally funded counsel is the wrong goal. The majority of expulsions of immigrants now happen outside immigration courts— and thus are impervious to immigration lawyering. Even for those who make it …

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.

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 …

Unintended Consequences Of Covid-19 Non-Pharmaceutical Interventions (Npis) For Population Health And Health Inequalities, Coilin Ohaiseadha, Gerry A. Quinn, Ronan Connolly, Awwad Wilson, Michael Connolly, Willie Soon, Paul Hynds

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Since the start of the COVID-19 pandemic in early 2020, governments around the world have adopted an array of measures intended to control the transmission of the SARS-CoV-2 virus, using both pharmaceutical and non-pharmaceutical interventions (NPIs). NPIs are public health interventions that do not rely on vaccines or medicines and include policies such as lockdowns, stay-at-home orders, school closures, and travel restrictions. Although the intention was to slow viral transmission, emerging research indicates that these NPIs have also had unintended consequences for other aspects of public health. Hence, we conducted a narrative review of studies investigating these unintended consequences of …

Multistage Sustainability Education For University Engineering Students: A Case Study From Mechanical Engineering In Technological University Dublin, Kevin Delaney

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Sustainability will be a key challenge that future engineering graduates must consider when solving problems. This paper sets out the approach taken in the mechanical engineering discipline of Technological University Dublin (TU Dublin) to help students acquire and develop the requisite skills to integrate aspects of sustainability when tackling engineering problems. The approach, which has already been implemented across a number of different design and innovation modules, consists of two distinct phases. In the first, students are educated about sustainability and related issues. In the second phase, students are educated for sustainability and are taught to identify, define and solve …

An Exploration Of Practitioners’ Experiences Of Delivering Digital Social Care Interventions To Children And Families During The Covid-19 Pandemic: Mixed Methods Study, Grainne Hickey, Claire Dunne, Lauren Maguire, Niamh Mccarthy

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Digital technology is an increasingly prominent feature of health care delivery; however, social care has remained less digitized than other systems [1]. As an allied health profession, child and family social care practice is aimed at supporting the welfare and safety of vulnerable children and families. Similar to many other health professionals, social care practitioners develop an understanding of clients’ needs and provide support through the development of interpersonal relationships [2]. Traditionally, this involves physical proximity and face-to-face interaction, often in the context of the home environment [3]. Digital technologies, however, have crept into the delivery of social care interventions …

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 …

Prevalence Of Refractive Errors In Nepalese Children And Adults: A Systematic Review With Meta-Analysis, Jeewanand Bist, Himal Kandel, Nabin Paudel, Dinesh Kaphled, Rajendra Gyawali, Sanjay Marasini, Rabindra Adhikaryg, Prakash Paudel

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Clinical relevance: Country-specific estimates of the prevalence of refractive errors are important to formulate national eye health policies for refractive care services. Background: The purpose of this study was to systematically synthesise available literature and estimate the prevalence of refractive errors in the Nepalese population. Methods: PubMed, Scopus, and Web of Science databases were systematically searched for articles on refractive errors and presbyopia published in English language until 27 September 2022. Population and school-based quantitative, cross-sectional prevalence studies and Rapid Assessment of Avoidable Blindness survey repository data were included. The quality of the included studies was assessed using the Newcastle …

The Effectiveness Of Allen Carr's Method For Smoking Cessation: A Systematic Review, Irene Possenti, Marco Scala, Alessandra Lugo, Luke Clancy, Sheila Keogan, Silvano Gallus

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Introduction: Allen Carr's (AC) method is a pharmacotherapy-free approach to quit smoking that is delivered through seminars, online courses, or in the form of a book. It has gained popularity, but its effectiveness remains controversial due to a lack of scientific evidence. This systematic review aims to provide an updated overview of the current evidence on the effectiveness of the AC method.

Methods: We conducted a systematic literature review of all epidemiological studies evaluating the effectiveness of the AC method for smoking cessation, published in PubMed/MEDLINE and Embase up to March 2023.

Results: Among 34 original studies identified through the …

Quantifying Farm-To-Fork Greenhouse Gas Emissions For Five Dietary Patterns Across Europe And North America: A Pooled Analysis From 2009 To 2020, Daniel Burke, Paul Hynds, Anushree Priyadarshini

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Dietary patterns are inherently related to greenhouse (GHG) emissions via agricultural practices and food production systems. As the global population is predicted to increase from 8 billion (current) to 9.6 billion by 2050 added pressure will be placed on existing agricultural systems, resulting in increased GHG emissions thus exacerbating climate change. Therefore, there is an urgent need to understand present-day dietary patterns to shift to sustainable and healthy diets to mitigate GHG emissions and meet future climate targets. However, no review or pooled analyses of dietary pattern emissions from a farm-to-fork perspective has been undertaken to date. The current study …

Pro-Environmental Diversification Of Pasture-Based Dairy And Beef Production In Ireland, The United Kingdom And New Zealand: A Scoping Review Of Impacts And Challenges, Maria Markiewicz-Keszycka, Aileen Carter, Donal O'Brien, Maeve Henchion, Simon Mooney, Paul Hynds

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Grass-fed dairy and beef products are valued by consumers for their unique nutrient profile, enhanced animal welfare and lower environmental footprint compared to conventional produce derived from animals reared indoors on higher volumes of concentrate feeds (O'Callaghan et al., Reference O'Callaghan, Vázquez-Fresno, Serra-Cayuela, Dong, Mandal, Hennessy, McAuliffe, Dillon, Wishart, Stanton and Ross2018; Moscovici Joubran et al., Reference Moscovici Joubran, Pierce, Garvey, Shalloo and O'Callaghan2021). For the current study, pasture-based production of dairy and beef is defined as a system within which cattle graze freely outdoors on green pasture for ≥6 months per year, using grazed grass as the primary feed …

Exploring Zero-Shot And Joint Training Cross-Lingual Strategies For Aspect-Based Sentiment Analysis Based On Contextualized Multilingual Language Models, Dang Van Thin, Hung Quoc Ngo, Duong Ngoc Hao, Ngan Luu-Thuy-Nguyen

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Aspect-based sentiment analysis (ABSA) has attracted many researchers’ attention in recent years. However, the lack of benchmark datasets for specific languages is a common challenge because of the prohibitive cost of manual annotation. The zero-shot cross-lingual strategy can be applied to solve this gap in research. Moreover, previous works mainly focus on improving the performance of supervised ABSA with pre-trained languages. Therefore, there are few to no systematic comparisons of the benefits of multilingual models in zero-shot and joint training cross-lingual for the ABSA task. In this paper, we focus on the zero-shot and joint training cross-lingual transfer task for …

The Knottiest Of Gordian Knots: Article 17 Of The Copyright Directive, Mark Hyland, Thomas Perry

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This article analyses the much debated Article 17 of the EU Copyright Directive (Directive 2019/790) in the light of last year’s comprehensive European Commission guidance. The aim of the guidance is to support a correct and coherent transposition of Article 17 across the EU27. Following the recent landmark judgment in Case C-401/19, Poland v European Parliament and Council of the EU, some commentators have now suggested that it might be timely for the European Commission to issue further guidance on Article 17.

Smoking Cessation Through Optimisation Of Clinical Care In Pregnancy: The Stop Randomised Controlled Trial, Brendan P. Mcdonnell, Patrick Dicker, Sheila Keogan, Luke Clancy, Carmen Regan

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This is a pragmatic randomised controlled trial of a dedicated smoking cessation clinic versus routine antenatal care as an intervention to reduce cigarette smoking behaviour. Smoking mothers randomised to the Smoking cessation Through Optimisation of clinical care in Pregnancy (STOP) clinic will have all antenatal care provided by a team comprising an obstetrician, a midwife, and a smoking cessation practitioner. This intervention includes ultrasound screening for fetal growth restriction. The control arm comprises two groups: one receiving standard care with ultrasound screening for fetal growth restriction, and one receiving standard care with ultrasound screening for growth restriction only if clinically …

Women Microbusiness Owners’ Entrepreneurial Marketing Decision-Making During A Crisis, Helen L. Bruce, Tara Rooney, Ewa Krolikowska

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Understanding effective marketing decision-making is key to driving business performance. However, knowledge of marketing decision-making by microbusiness owners is limited. Moreover, little is known about how microbusiness owners make marketing decisions under crisis conditions. This article explores entrepreneurial marketing decision-making by women microbusiness owners during the COVID-19 pandemic, through qualitative interviews with providers of children’s activities, who migrated their services online during lockdown. Findings shed light on their marketing decision-making by highlighting transitions between causation and effectuation approaches and identifying key resources leveraged in effectuation decision-making. We also observe how distinct principles of effectuation may be combined to make effective …

How Online Discourse Networks Fields Of Practice: The Discursive Negotiation Of Autonomy On Art Organisation About Pages, Tommie Soro

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This article examines how the online discourse of art organisations forges relationships between the artworld and the fields of politics and economy. Combining elements of Pierre Bourdieu’s field analysis and Norman Fairclough’s critical discourse analysis, the article analyses an elite art magazine, e-flux, and an elite art museum, IMMA, and the activities of discourses, genres, and utterances on their about pages. Its results suggest that the about pages of these organisations forge links between the artworld and the fields of politics and economy by mobilising discourse in these fields and by incorporating discourse practices from these fields. The ideological tension …

Internationalization As A Strategy To Enhance Higher Education Quality In Vietnam – Reflections From University Leaders, Nguyen Trong Hoai, Luong Vinh Quoc Duy, Damien Cassells

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Internationalization is viewed as an important strategy in the context of a country in transition from central planning to market orientation. Efforts to internationalize universities are being carried out at both national and institutional levels. However, to the best of the authors’ knowledge, there has been no study to investigate how individual institutions approach internationalization and what they gain from that process. This paper aims to investigate the enhancement of teachers’ and students’ knowledge and skills using internationalization in Vietnam universities as a strategy.

Judging Better Together: Understanding The Psychology Of Group Decision-Making On Panel Courts And Tribunals, Brian M. Barry Dr

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While the psychological phenomena that affect group decisionmaking have been thoroughly investigated for decades, how these phenomena apply to decision-making by judges on panel courts is under-examined. This article examines the main psychological phenomena of group decision-making, both positive and negative, and considers their implications for panel courts and other groups of professional legal decision-makers such as adjudicators serving on tribunals. This article argues that experimental studies on judges and adjudicators testing the effects of these phenomena would improve understanding of legal decision-making by these groups and could help to devise ways to improve their decision-making processes to reach higher …