Digital Commons Network^™

Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell

Articles

No abstract provided.

The Expanding Universe Of Bilateral Labor Agreements, Adam Chilton, Bartosz Woda

Articles

In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that …

Ideation And Innovation In Constitutional Rights, Tom Ginsburg

Articles

This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area of human rights and argues that innovations tend to be found in situations in which there is strong aversion …

English Common Law And The Ius Commune: The Contributions Of An English Civilian, R. H. Helmholz

Articles

Any student of legal history who believes that the European ius commune played a meaningful part in the origins and development of English law will profit from reading Reinhard Zimmermann’s masterpiece, The Law of Obligations. Indeed, that student will read it with joy. I am one of that number, and I remember my own reaction well when his book first appeared—equal parts of admiration and encouragement. Not only was the book a sparkling and learned treatment of many important aspects of the civil law, subjects about which I needed to learn more, it also proved to be the source of …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

Articles

Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

Fifty Years Of Patent Remedies Case Law: Two Steps Forward, One Step Back, Thomas F. Cotter

Articles

Over the past fifty years, courts have developed a body of case law on patent remedies that is, in many respects, solidly grounded in economic reasoning. Among the high points are the courts’ embrace, in various contexts, of the simple principle that patent damages should restore patent owners to the position they would have occupied, but for the infringement—and of an important corollary to that principle, namely the importance to damages calculations of the “noninfringing alternatives” concept. By contrast, certain other developments—including the confusing standards for determining when it is appropriate to use the “entire market value” of a product …

The Many Faces Of Modern Legal Realism, Brian Bix

Articles

This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …

January 6, Ambiguously Inciting Speech, And The Overt-Acts Rule, Alan Rozenshtein, Jed Handelsman Shugerman

Articles

A prosecution of Donald Trump for his role in the January 6 attack on the Capitol would have to address whether the First Amendment protects the inflammatory remarks he made at the “Stop the Steal” rally. A prosecution based solely on the content of Trump’s speech—whether for incitement, insurrection, or obstruction—would face serious constitutional difficulties under Brandenburg v. Ohio’s dual requirements of intent and likely imminence. But a prosecution need not rely solely on the content of Trump’s speech. It can also look to Trump’s actions: his order to remove the magnetometers from the entrances to the rally and his …

Promoting Patent Practitioner Diversity: Expanding Non-Jd Pathways And Removing Barriers, Christopher M. Turoski

Articles

No abstract provided.

Preparing Engineering Students For The Challenges Of The Sdgs: What Competences Are Required?, Una Beagon, Klara Kövesi, Brad Tabas, Bente Nørgaard, Riitta Lehtinen, Brian Bowe, Christiane Gillet, Claus Monrad Spliid

Articles

Despite the emerging discussions about the growing role of engineers in achieving the Sustainable Development Goals (SDGs), there is a lack of agreement on which competences should be prioritised to prepare engineering students to resolve future sustainability challenges. This study examined and compared the views of key stakeholders of engineering education (Academics, Employers and Students) using twelve focus groups in Denmark, Finland, France and Ireland. The findings were mapped against competences identified in previous studies to highlight gaps and opportunities for development. The results confirm the strong emphasis on normative, strategic and systems thinking competences in engineering. However, the outcomes …

Passion Projects In Law Librarianship: A Belated Tribute To Igor Kavass And His Personal Mission To Acquire And Organize U.S. International Agreements, Loren Turner

Articles

In December 2020, Oona Hathaway, Curtis Bradley, and Jack Goldsmith, law professors at Yale, Chicago, and Harvard, respectively, published their article, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, in the Harvard Law Review. The article reveals that the U.S. executive branch consistently fails to comply with federal requirements to report and publish the international agreements it makes with foreign countries. As a result, Congress and the American public regularly lack access to legal information to which they are entitled under federal law. Additionally, Hathaway, Bradley, and Goldsmith identify a particular time when our already-inadequate access …

Epistolary Mcgahern, Eamon Maher

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No abstract provided.

Residential Demand Side Management Model, Optimization And Future Perspective: A Review, Subhasis Panda, Sarthak Mohanty, Pravat Kumar Rout, Binod Kumar Sahu, Mohit Bajaj, Dr Hossam Zawbaa, Salah Kamel

Articles

The residential load sector plays a vital role in terms of its impact on overall power balance, stability, and efficient power management. However, the load dynamics of the energy demand of residential users are always nonlinear, uncontrollable, and inelastic concerning power grid regulation and management. The integration of distributed generations (DGs) and advancement of information and communication technology (ICT) even though handles the related issues and challenges up to some extent, till the flexibility, energy management and scheduling with better planning are necessary for the residential sector to achieve better grid stability and efficiency. To address these issues, it is …

Neuromatch Academy: A 3-Week, Online Summer School In Computational Neuroscience, Bernard Marius 'T Hart, Titipat Achakulvisut, Ayoade Adeyemi, Athena Akrami, Bradly Alicea, Alicia Alonso-Andres, Diego Alzate-Correa, Arash Ash, Jesus J. Ballesteros, Aishwarya Balwani, Eleanor Batty, Ulrik Beierholm, Ari S. Benjamin, Upinder Bhalla, Gunnar Blohm, Joachim C. H. Blohm, Kathryn Bonnen, Marco Brigham, Bingni W. Brunton, John Butler, Brandon Caie, N Alex Cayco Gajic, Sharbatanu Chatterjee, Spyridon Chavlis, Ruidong Chen, You Cheng, H. M. Chow, Raymond Chua, Yunwei Dai, Isaac David, Eric E. J. Dewitt, Julien Denis, Alish Dipani, Arianna Dorschel, Jan Drugowitsch, Kshitij Dwivedi, Sean Escola, Haoxue Fan, Roozbeh Farhoodi, Yicheng Fei, Pierre-Étienne Fiquet, Lorenzo Fontolan, Jeremy Forest, Yuki Fujishima, Byron V. Galbraith, Mario Galdamez, Richard Gao, Julijana Gjorgjieva, Alexander Gonzalez, Qinglong Gu, Yueqi Guo, Ziyi Guo, Pankaj K. Gupta, Busra Tugce Gurbuz, Caroline Haimerl, Jordan B. Harrod, Alexandre Hyafil, Martin Irani, Daniel Jacobson, Michelle Johnson, Ilenna Simone Jones, Gili Karni, Robert E. Kass, Hyosub Edward Kim, Andreas M. Kist, Randal Koene, Konrad Kording, Matthew R. Krause, Arvind Kumar, Norma K. Kühn, Ray Lc, Matthew L. Laporte, Junseok Lee, Songting Li, Sikun Lin, Yang Lin, Shuze Liu, Tony Liu, Jesse A. Livezey, Linlin Lu, Jakob H. Macke, Kelly Mahaffy, A. Lucas Martins, Nicolás Martorell, Manolo Martínez, Marcelo G. Mattar, Jorge Aurelio Menendez, Kenneth D. Miller, Patrick J. Mineault, Nosratullah Mohammadi, Yalda Mohsenzadeh, Elenor Morgenroth, Taha Morshedzadeh, Alice Claudia Mosberger, Madhuvanthi Muliya, Marieke Mur, John D. Murray, Yashas Nd, Richard Naud, Prakriti Nayak, Anushka Oak, Itzel Olivos Castillo, Seyedmehdi Orouji, Jorge Otero-Millan, Marius Pachitariu, Biraj Pandey, Renato Paredes, Jesse Parent, Il Memming Park, Megan A. K. Peters, Xaq Pitkow, Panayiota Poirazi, Haroon Popal, Sandhya Prabhakaran, Tian Qiu, Srinidhi Ragunathan, Raul Rodriguez-Cruces, David Rolnick, Ashish Kumar Sahoo, Saeed Salehinajafabadi, Cristina Savin, Shreya Saxena, Paul Schrater, Karen Schroeder, Alice C. Schwarze, Madineh Sedigh-Sarvestani, K. Yuvaraj Sekhar, Reza Shadmehr, Maryam M. Shanechi, Siddhant Sharma, Eric Shea-Brown, Krishna V. Shenoy, Carolina L. Shimabukuro, Sergey Shuvaev, Man Ching Alison Sin, Maurice Smith, Nicholas A. Steinmetz, Karolina Stosio, Elizabeth Straley, Gabrielle Strandquist, Carsen Stringer, Rimjhim Tomar, Ngoc Tran, Sofia Triantafillou, Lawrence Udeigwe, Davide Valeriani, Vincent Valton, Maryam Vaziri-Pashkam, Peter Vincent, Gal Vishne, Pascal Wallisch, Peiyuan Wang, Claire Ward, Michael Waskom, Kunlin Wei, Anqi Wu, Zhengwei Wu, Brad Wyble, Lei Zhang, Daniel Zysman, Federico D’Oleire Uquillas, Tara Van Viegen

Articles

No abstract provided.

Gait Characteristics And Cognitive Function In Middle-Aged Adults With And Without Type 2 Diabetes Mellitus: Data From Enbind, Pieter M.R. Herings, Adam H. Dyer, Sean P. Kennelly, Sean Reid, Isabelle Killane, Louise Mckenna, Nollaig M. Bourke, Conor P. Woods, Desmond O'Neill, James Gibney, Richard B. Reilly

Articles

Type 2 Diabetes Mellitus (T2DM) in midlife is associated with a greater risk of dementia in later life. Both gait speed and spatiotemporal gait characteristics have been associated with later cognitive decline in community-dwelling older adults. Thus, the assessment of gait characteristics in uncomplicated midlife T2DM may be important in selecting-out those with T2DM at greatest risk of later cognitive decline. We assessed the relationship between Inertial Motion Unit (IMUs)- derived gait characteristics and cognitive function assessed via Montreal Cognitive Assessment (MOCA)/detailed neuropsychological assessment battery (CANTAB) in middle-aged adults with and without uncomplicated T2DM using both multivariate linear regression and …

#Fintok And Financial Regulation, Nikita Aggarwal, Kaye D. Bondy Valdovinos, Christopher Odinet

Articles

Social media platforms are becoming an increasingly important site for consumer finance. This phenomenon is referred to as "FinTok, " a reference to the "#fintok" hashtag that often identifies financial content on TikTok, a popular social media platform. This Essay examines the new methodological possibilities for consumer financial regulation due to FinTok. It argues that FinTok content offers a novel and valuable source of data for identifying emerging fintech trends and associated consumer risks. As such, financial regulators should use FinTok content analysis and social media content analysis more broadly as an additional method for the supervision and regulation of …

Preemption, Commandeering, And The Indian Child Welfare Act, Matthew L.M. Fletcher, Randall F. Khalil

Articles

This year (2022), the Supreme Court agreed to review wide-ranging constitutional challenges to the Indian Child Welfare Act (ICWA) brought by the State of Texas and three non-Indian foster families in the October 2022 Term. The Fifth Circuit, sitting en banc, held that certain provisions of ICWA violated the anti-commandeering principle implied in the Tenth Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state …

The Elastic Corporate Form In International Law, Julian Arato

Articles

The corporate form is being distorted by international law. Surprisingly, this is occurring in the law of foreign investment, where one would expect the stability and efficiency of corporate formalities to matter most. The main driver is a highly enforceable mode of treaty-based arbitration known as investor-state dispute settlement (ISDS), which affords foreign investors a private right of action to sue sovereign states. Questions of corporate law come up regularly in ISDS. But when addressing them, tribunals have varied widely in their respect for core formalities. This is undermining the basic relationships among all corporate stakeholders—including shareholders, management, creditors, governments, …

Legal Writing Mechanics: A Bibliography, Margaret Hannon

Articles

Great legal writing is about more than mechanics. But careful attention to legal writing mechanics is nevertheless critical for effective, clear, and persuasive writing. Proper grammar, usage, and correct punctuation makes analysis clearer and therefore more effective. It also shows the reader that the writer has paid close attention to detail, which makes the reader more likely to find the writer credible. Relatedly, communicating in plain language is critical to making sure that “readers can easily find what they need, understand what they find, and use that information.” And proper citation—or even better, stylish citation—helps the reader easily understand what …

Automated Extraction Of Genes Associated With Antibiotic Resistance From The Biomedical Literature, Andre Brincat, Markus Hofmann

Articles

The detection of bacterial antibiotic resistance phenotypes is important when carrying out clinical decisions for patient treatment. Conventional phenotypic testing involves culturing bacteria which requires a significant amount of time and work. Whole-genome sequencing is emerging as a fast alternative to resistance prediction, by considering the presence/absence of certain genes. A lot of research has focused on determining which bacterial genes cause antibiotic resistance and efforts are being made to consolidate these facts in knowledge bases (KBs). KBs are usually manually curated by domain experts to be of the highest quality. However, this limits the pace at which new facts …

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
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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, …

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Becher, Shmuel I.

Articles

No abstract provided.

Law's Gaze, John Felipe Acevedo

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No abstract provided.

A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran

Articles

This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".

Regulating For Energy Justice, Alexandra B. Klass, Gabriel Chan

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In this Article, we explore and critique the foundational norms that shape federal and state energy regulation and suggest pathways for reform that can incorporate principles of “energy justice.” These energy justice principles—developed in academic scholarship and social movements—include the equitable distribution of costs and benefits of the energy system, equitable participation and representation in energy decision making, and restorative justice for structurally marginalized groups.

While new legislation, particularly at the state level, is critical to the effort to advance energy justice, our focus here is on regulators’ ability to implement reforms now using their existing authority to advance the …

Elephant In The Room, Patrick Barry

Articles

Over the past several decades, the student population at law schools across the country has become more and more racially diverse. In 1987, for example, only about 1 in every 10 law students identified as a person of color; by 2019, that percentage shot up to almost 1 out of 3.

Yet take a look at virtually any collection of recommended manuals on writing. You are unlikely to find even one that is authored by a person of color. The composition of law schools may be dramatically changing, but the materials that students are given to help them figure out …

Professionalism In Tribal Jurisdictions, Matthew L.M. Fletcher

Articles

American Indian law is an important area of law. There are 12 federally recognized Indian tribes in the state of Michigan.1 Indian tribes throughout the United States do business in Michigan. Indian tribal governments and corporations employ hundreds of thousands of non-Indians and received billions in federal pandemic relief. Indian gaming generated nearly $40 billion in revenues nationally last year. Still, many lawyers ignore the field or claim ignorance about the basic precepts of federal Indian law.

This article will canvass several themes of professionalism in tribal practice, drawing from this author’s tribal law experience over the last few decades. …

Self-Control Of Personal Data And The Constitution In East Asia, Dongsheng Zang

Articles

No abstract provided.