Digital Commons Network^™

The Illusory Promise Of Free Enterprise: A Primer To Promoting Racially Diverse Entrepreneurship Special Issue On Systemic Racism In The Law & Anti-Racist Solutions, Mirit Eyal-Cohen

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No abstract provided.

The Role Of Law And Policy In Achieving Healthy People’S Disability And Health Goals Around Access To Health Care, Activities Promoting Health And Wellness, Independent Living And Participation, And Collecting Data In The United States, Elizabeth Pendo, Lisa I. Iezzoni

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Ensuring that the almost 60 million Americans with disabilities live as healthy and independent lives as possible is an important goal for our nation. This evidence-based report highlights efforts to better use law and policy to support and protect people with disabilities. Specifically, it examines how existing federal laws and policies could be leveraged by states, communities, and other sectors to reduce barriers to primary and preventive care; reduce barriers to local health and wellness programs; increase access to leisure, social, or community activities (and indirectly, to religious activities) for individuals with disabilities; and generate better disability data needed to …

The Law Of Rescue, Shalini Bhargava Ray

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Diverse areas of law regulate acts of rescue, often inconsistently. For example, maritime law mandates rescue, immigrant harboring law prohibits it, and tort law generally permits it but does not require it. Modern legal scholarship has focused principally on mandatory and permissive forms of rescue. With humanitarian actors facing prosecution for saving migrants' lives in the Arizona desert and elsewhere, however, scholarly treatment of the phenomenon of prohibited rescue is increasingly urgent. By analyzing disparate regimes of rescue, and focusing on migrant rescue specifically, this Article makes three contributions. First, it argues that the law of rescue generally privileges property …

Performing The Digital Self: Understanding Location-Based Social Networking, Territory, Space, And Identity In The City, Konstantinos Papangelis, Alan Chamberlain, Ioanna Lykourentzou, Vassilis-Javed Khan, Michael Saker, Hai-Ning Liang, Irwyn Sadien, Ting Cao

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Expressions of territoriality have been positioned as one of the main reasons users alter their behaviors and perceptions of spatiality and sociality while engaging with location-based social networks (LBSN). Despite the potential for this interplay to further our understanding of LBSN usage in the context of identity, very little work has actually been done towards this. Addressing this gap in the literature is one the chief aims of the article. Drawing on an original six-week study with 42 participants utilizing a bespoke LBSN entitled ‘GeoMoments’, our research explores: (1) the way that territoriality is linked to self-identity; and (2) how …

Lending Innovations, Xuan-Thao Nguyen

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This article is the first to identify the disruption in tech lending by outlier commercial banks and to theorize the ways in which IP Venture Banking is fueling innovation both nationwide and globally. This disruptive model is a new beginning for both banks and startups on the path of borrowing and lending for innovation.

Part I identifies the four outlier banks-from among the six thousand total banks-that dare to venture into the innovation-intensive sectors for lending purposes and dominate the business model of lending for innovation. Based on extensive efforts to extract data from bank lending activities, Part I reveals …

Adultery, Infidelity, And Consensual Non-Monogamy, Edward D. Stein

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Thirty-eight states have laws in place that relate to adultery. Though criminal laws against adultery are not frequently enforced, the network of criminal laws, tort laws, and domestic relations laws related to adultery disincentivize extra-marital sex, an effect heightened by the stigma and other social attitudes associated with adultery. This Essay argues that the socio-legal state of affairs concerning adultery is bad for marriages (and similar relationships), bad for public health, and is simply bad public policy. This is in part because the law treats infidelity-having sex with someone other than your primary partner without his or her consent or …

The Magic And Metaphysics Of Shit :The Production Of Space And Digital Technology, David Capener

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Reading Henri Lefebvre alongside Bernard Stiegler, this paper explores the changes that have taken place to the production of space in our age of digital technology. Lefebvre sensed the radical changes taking place in society through the implementation of computational technologies. He asked a prescient question: How is this space being produced? Lefebvre was unable to foresee the significant changes to the actual mechanics of the production of space brought about by the third industrial revolution. A thinker who does do this is Bernard Stiegler who is interested in how new digital technologies change memory via tertiary mnemotechnical devices – …

A Comparison Of High-End Methods For Topographic Modelling Of A Coastal Dune Complex, Chen Suo, Eugene Mcgovern, Alan Gilmer, Conor Cahalane

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In recent years, increasing tourism and development in the coastal dune area of the South East of Ireland have resulted in greater pressure on the environment, resulting in issues including soil erosion, flooding and habitat loss. Topographic mapping across a dune field is important for the development of targeted land management actions that maintain biodiversity and ecological functions. Developments in surveying technology, including LiDAR, terrestrial laser scanners (TLS) and aerial surveying from Remotely Piloted Aircraft Systems (RPAS), have enabled high-resolution and high-accuracy spatial data to be gathered quickly and relatively easily for 3D topographic modelling of a coastal dune complex. …

(Re)Visions Of The Outre-Mer: Looking At The Male Gaze In Jacques Feyder’S Le Grand Jeu (1934), Barry Nevin

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Cinéma colonial is regarded by certain scholars as a highly conventionalised and commercialised film practice that grants spectators a sense of control over the potentially threatening colonial Other, and Belgian director Jacques Feyder has been subject to particularly harsh criticism in this regard. This article argues that Feyder’s Le Grand Jeu (1934), which depicts a young legionnaire’s relationship with a cabaret singer who bears an uncanny resemblance to a previous lover who jilted him in Paris, challenges dominant tendencies in portrayals of gender and colonialism in French cinema of the 1930s. Drawing on the relationship between Laura Mulvey’s theorisation of …

Managing The Growth Of Peer Review At The Royal Society Journals, 1865-1965, Aileen Fyfe, Flaminio Squazzoni, Didier Torny, Pierpaolo Dondio

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This article examines the evolution of peer review and the modern editorial processes of scholarly journals by analyzing a novel data set derived from the Royal Society’s archives and covering 1865-1965, that is, the historical period in which refereeing (not yet known as peer review) became firmly established. Our analysis reveals how the Royal Society’s editorial processes coped with both an increasing reliance on refereeing and a growth in submissions, while maintaining collective responsibility and minimizing research waste. By engaging more of its fellows in editorial activity, the society was able to establish an equilibrium of number of submissions per …

Food Preferences Survey In African Americans And West Africans: A Cultural Exploration Of Agreement And Divergence In Attitudes In Food Environments And Food Responses, Catrina Johnson, Robert Corrichini, Daniel Becque, Wanki Moon, Kola Ajuwon, David A. Lightfoot

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African Americans, currently over-represented among low SES groups, have been found to be among the most at risk groups for obesity and type 2 diabetes. Phenotypic expression, such as obesity, result from the combined effect of genetic inheritance and environmental influences. Environmental dynamics interact with individuals on micro, meso and ecto levels (Bronfrenbrenner, 1989), are diverse and cultural (Vygotsky, 1993) and are learned by individuals through modeling and observation (Bandura, 1989). Environmental factors such as parental influence and modeling, availability and accessibility of produce, sweetened drinks and fast foods, can contribute to or minimize the onset of obesity and type …

Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick

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In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression-particularly the entangled concepts …

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

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Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …

Influence Of Drone Altitude, Image Overlap, And Optical Sensor Resolution On Multi-View Reconstruction Of Forest Images, Erich Seifert, Stefan Seifert, Holger Vogt, David Drew, Jan Van Aardt, Thomas Seifert

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No abstract provided.

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

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The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

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The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Level Of Service And The Transit Neighbourhood: Observations From Dublin City And Surburbs, David O'Connor, Brian Caulfield

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Few studies have looked at the impact Level-of-Service (LOS) might have on the distances people walk to public transport. The relationship, if any, has implications for transit-oriented-development and the viability of different transit modes serving suburban areas. This paper examines pedestrian catchment areas and LOS across a light rail, a metro rail and two bus corridors in Dublin. Public transport users have been surveyed at 17 stops around the city and their trip origin identified. Catchment areas for bus services with high levels of service were found to be comparable and often greater than those for LRT or metro …

A Comment On: Arts Festivals, Urban Tourism And Cultural Policy, Bernadette Quinn

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When I wrote the 2010 article 'Arts Festivals, Urban Tourism and Cultural Policy' for the special issue of JPRTL&E in 2010, the focus on the ‘urban’ in the brief that I was given very much reflected the prominent attention being given to festivals and events in urban contexts at that time (Johansson & Kociatkiewicz, 2011; Stevens & Shin, 2012). I start this brief comment now by noting that this imbalance in the literature is being addressed by a recent rise of research interest in the arts, including festivals, in rural areas (including forthcoming special issues/sections in the Journal of Rural …

'Elle T'Aime Trop, Et Moi, Pas Assez': Jacques Feyder's Melodramatic Mise En Scène Of Female Desire In Pension Mimosas (1935), Barry Nevin

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Extract

Melodrama ‘à la française’: Feyder and French cinema of the 1930s

By the end of 1934, Jacques Feyder had led a distinguished career in French silent cinema, had directed a critically acclaimed adaptation of Émile Zola’s Thérèse Raquin (1928) in Berlin, had returned from a three-year contract in Hollywood, had brought Le Grand Jeu to the screen (the greatest box-office success of the 1933–34 season), and appeared to be virtually unstoppable as he proceeded to direct his next film, Pension Mimosas. The film was described by one critic as ‘sans aucun doute l’une des œuvres les plus attendues …

The Poverty Of Clinical Canonic Texts, Anthony V. Alfieri

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No abstract provided.

The Many Inequalities Of International Law, Neha Jain

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No abstract provided.

Discrimination By Design?, June Carbone, Naomi Cahn, Nancy Levit

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No abstract provided.

Public Utilities And Transportation Electrification, Alexandra Klass

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No abstract provided.

Human Rights Conditions: What We Know And Why It Matters, David Weissbrodt, Patrick Finnegan

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No abstract provided.

Energy And Eminent Domain, Alexandra Klass

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No abstract provided.

Between Reparations And Repair: Assessing The Work Of The Icc Trust Fund For Victims Under Its Assistance Mandate, Fionnuala Ní Aoláin, Anne Dutton

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No abstract provided.

Adapting The Surveying Curriculum To New Dimensions Of The Profession, Fahria Masum, Reinfried Mansberger, Audrey Martin, Gerhard Navratil, Anthony Mushinge

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Today the surveying profession is very different from what it was twenty years ago. Recent technological innovations, globalization, and global land-related challenges have allowed a wide range of advances in the surveying profession. The vision is to promote surveying practices that can enhance the quality of services in a variety of tracks in the land profession. According to the new adjacent professional areas and the needs of the labor market, academic courses for surveyors have to be adapted to meet the broader scope of the surveying profession and to supply highly qualified land professionals. This paper outlines the new challenges …

Pitfalls In The Use Of Foreign Direct Investment Statistics, Clare O'Mahony, Frank Barry

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Foreign direct investment (FDI) statistics are widely used to study the impact of international capital movements and multinational enterprise (MNE) activities. FDI-intensity is also an important indicator of globalisation and economic integration. Datasets spanning long time periods and with broad country coverage have been employed in numerous studies to analyse various aspects of the determinants and consequences of FDI. Focusing on a relatively homogeneous group of six Western European EU countries, the present study finds major inconsistencies in the construction and coverage of these data both through time and across countries, leading to large discrepancies. Asymmetries will be far greater …

An Exploratory Study Of Extremesport Athletes’ Nature Interactions:From Well-Being To Pro-Environmental Behavior, Tadhg Eoghan Macintyre, Andree M. Walkin, Juergen Beckmann, Giovanna Calogiuri, Susan Gritzka, Greig Oliver, Aoife Donnelly, Giles Warrington

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Traditionally, perceptions about extreme sport athletes being disconnected fromnature and a risk-taking population have permeated the research literature. Drawingupon theoretical perspectives from environmental, sport, organizational and positivepsychology, this qualitative study attempts to explore the lived experiences of fourmale and four female extreme sport athletes. The purpose of this study was togain insight and understanding into the individuals’ attitudes toward the benefits ofextreme sport activities for well-being, resilience and pro-environmental behavior. Eightparticipants (Mean age = 40.5 years;SD=±12.9) provided written informed consentto partake in semi-structured interviews. Each athlete provided written consented toallow the publication of their identifiable data and in order to …

Seasonal Variability Of Sediment Controls Of Carbon Cycling In An Agricultural Stream, Sophie Comer-Warner, Daren Gooddy, Sami Ullah, Luke Glover, Aishling Percival, Nicholas Kettridge, Stefan` Krause

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Streams and rivers are‘active pipelines’where high rates of carbon (C) turnover can lead to globally importantemissions of carbon dioxide (CO2) and methane (CH4) from surface waters to the atmosphere. Streambed sedi-ments are particularly important in affecting stream chemistry, with rates of biogeochemical activity, and CO2and CH4concentrations far exceeding those in surface waters. Despite an increase in research on CO2and CH4instreambed sediments there is a lack of knowledge and insight on seasonal dynamics. In this study the seasonallyvariable effect of sediment type (sand-dominated versus gravel-dominated) on porewater C cycling, includingCO2and CH4concentrations, was investigated. We found high concentrations of CO2and CH4in the …