Digital Commons Network^™

The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris

Articles

Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups-and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. …

Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri

Articles

In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of …

Armed Conflict At The Threshold, Deborah Pearlstein

Articles

Seventeen years into the United States’ engagement in what America has controversially understood as a global, non-international armed conflict against a shifting set of terrorist groups, a growing array of scholars has called for a reassessment of the significance of the “armed conflict” classification under international humanitarian law (IHL). The existence of an “armed conflict” has long been understood as a proxy on/off switch of inescapable importance. When an “armed conflict” exists, lethal targeting—without regard to particular self-defensive need or immediacy of threat—is permitted as a first resort. When an “armed conflict” does not exist, it is not. Challenging the …

Do Judges Cry? An Essay On Empathy And Fellow-Feeling, Richard Delgado, Jean Stefancic

Articles

No abstract provided.

Clown Eggs, Dave Fagundes, Aaron Perzanowski

Articles

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

Rodrigo's Rebuke: Originary Violence And U.S. Border Policy, Richard Delgado

Articles

Offers a new way to see immigration laws and policies namely as instances of originary violence Notes that recent official actions including travel bans family separation and cutbacks in asylum are examples of both originary violence and the ordinary kind Shows how the two are connected and proposes a number of means to attack them

Un(Der)Employed Youth: From Precariousness To Resilience, Alia Weston, Miguel Imas, Jennifer Manning, Paul Donnelly, Kudzayi Ngwerume

Articles

In this paper, we explore the experiences of Irish and Zimbabwean youth who live and work in precarious economic conditions. We study these youths’ experiences in a manner that traverses contexts under the question: How do un(der)employed youth in the Global South and Global North enact resilience and agency while navigating economic precarity? The paper builds on youth literature from both the Global North and Global South, emphasizing socio-economic precarity, youth agency, and resilience. We collected our data from interviews conducted in Ireland and Zimbabwe. Methodologically, the paper follows a postcolonial narrative approach to study these experiences. Our findings show …

Calculating Restaurant Failure Rates Using Longitudinal Census Data, J. J. Healy, Máirtín Mac Con Iomaire

Articles

Failure rates in the restaurant industry are popularly perceived to be far higher than they actually are. This paper calculates failure rates in the Irish Food and Drinks Sector (IFDS), for the first time, using longitudinal census data from the Central Statistics Office (CSO) in Ireland, which follows the European statistical classification of economic activity (NACE). The results are compared with previously published literature on restaurant failure rates in the United States of America. This study also compares IFDS failure rates with other industry sectors in Ireland (construction, manufacturing). Drawing on Stinchcombe’s ’liability of newness’ theory, the informal fallacies theory …

Treaties And Human Rights: The Role Of Long-Term Trends, Adam S. Chilton, Eric A. Posner

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No abstract provided.

On The Exactitude Of Big Data: La Bêtise And Artificial Intelligence, Noel Fitzpatrick, John D. Kelleher

Articles

This article revisits the question of ‘la bêtise’ or stupidity in the era of Artificial Intelligence driven by Big Data, it extends on the questions posed by Gille Deleuze and more recently by Bernard Stiegler. However, the framework for revisiting the question of la bêtise will be through the lens of contemporary computer science, in particular the development of data science as a mode of analysis, sometimes, misinterpreted as a mode of intelligence. In particular, this article will argue that with the advent of forms of hype (sometimes referred to as the hype cycle) in relation to big data and …

Law & Laundry: White Laundresses, Chinese Laundrymen, And The Origins Of Muller V. Oregon, Emily Prifogle

Articles

This article uses the historian’s method of micro-history to rethink the significance of the Supreme Court decision Muller v. Oregon (1908). Typically considered a labor law decision permitting the regulation of women’s work hours, the article argues that through particular attention to the specific context in which the labor dispute took place — the laundry industry in Portland, Oregon — the Muller decision and underlying conflict should be understood as not only about sex-based labor rights but also about how the labor of laundry specifically involved race-based discrimination. The article investigates the most important conflicts behind the Muller decision, namely …

Innovation In Rangeland Monitoring: Annual, 30 M, Plant Functional Type Percent Cover Maps For U.S. Rangelands, 1984-2017, Matthew O. Jones, Brady W. Allred, David E. Naugle, Jeremy D. Maestas, Patrick Donnelly, Loretta J. Metz, Jason Karl, Rob Smith, Brandon Bestelmeyer, Chad Boyd, Jay D. Kerby, James D. Mciver

Articles

Innovations in machine learning and cloud‐based computing were merged with historical remote sensing and field data to provide the first moderate resolution, annual, percent cover maps of plant functional types across rangeland ecosystems to effectively and efficiently respond to pressing challenges facing conservation of biodiversity and ecosystem services. We utilized the historical Landsat satellite record, gridded meteorology, abiotic land surface data, and over 30,000 field plots within a Random Forests model to predict per‐pixel percent cover of annual forbs and grasses, perennial forbs and grasses, shrubs, and bare ground over the western United States from 1984 to 2017. Results were …

Welcome From The Chair Of The Indian Law Section, Dylan R. Hedden-Nicely

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No abstract provided.

Investigating The Impact Of Internationally Acquired Qualifications On Labour Market Performance: The Case Of Brazil, Charles Alves De Castro

Articles

The aim of this study is to examine the labour market performance of Brazilian students who have acquired international qualifications in the areas of engineering and science. A comprehensive analysis of the literature review demonstrates the importance of international qualifications covering both their benefits and challenges. The gaps found in the literature review are also discussed, as well as the need for a more concrete theoretical framework about the subject. The data used in this research was gathered by semi-structured one-to-one interviews conducted in both person and through telephone. The participants consisted of Brazilian students who have acquired international qualifications …

Developing Polar Networks : Ideas & Possibilities For The Future, Stephen J. Rollins, Daria O. Carle

Articles

Alaska’s geographic location places it at the forefront of research activity and information gathering about the Arctic and the changing environment of the Polar Regions. To facilitate sharing such information with the residents of the state, the Alaska Discovery Portal uses an integrated approach to retrieve materials from for-profit publishers, vetted websites, Alaska’s Digital Archives, open access resources such as the University of Alaska’s Institutional Repository, online topical Research Guides, and more. By licensing resources for all Alaska residents, the Discovery Portal can do what Google and other search engines cannot—pass through pay walls put in place by commercial publishers. …

Art In The Age Of Financial Crisis, Conor Mcgarrigle, Marisa Lerer

Articles

This issue addresses the long financial crisis of 2008 and the nature and diversity of artistic responses to it. This financial crisis is understood as a globalized result of late capitalism that nonetheless is experienced differently at local, regional, and national levels. It is multi- faceted in nature, a phenomenon that has historical roots and precedents that inform contemporary responses. Artists are not restricted to engage with the economy through one specific vehicle of inquiry or one type of medium and message. Therefore, the central question that this issue poses is: what is the artist’s role in finance, crisis, and …

An Exploratory Study On The Northern Sea Route As An Alternative Shipping Passage, Helene Barenksten Solvang, Stavros Karamperidis, Nikolaos Valantasis Kanellos, Dong Wook Song

Articles

This qualitative inductive research explores the potential benefits for the Scandinavian economy and ports through the implementation of the Northern Sea Route (NSR) as an alternative for container shipping to the established Southern route through the Suez Canal. To extract expert’s opinions and address these objectives, we utilised in-depth face-to-face semi-structured interviews through purposive sampling in a single case study setting.

The analysis of the data demonstrates that the commercialisation of NSR can yield benefits for the Scandinavian economy (e.g. GDP increase, jobs creation) and reveals the benefits of Scandinavian ports (e.g. ECA’s, flexibility, hinterland, etc.) compared to other ports …

Events, Social Connections, Place Identities And Extended Families, Bernadette Quinn, Theresa Ryan

Articles

The study reported here investigates the role that planned social gatherings play in shaping social connections, forging group identity and re-affirming connections with significant ‘home’ places within families where relationships extend across space. Empirically, it draws on a study of the Gathering, a 2013 national tourism initiative that encouraged people in Ireland to organise ‘gatherings’ to attract ‘home’ family members scattered across the globe. It reports data generated using mixed methods administered in two Irish counties. The findings demonstrate the profound meanings that the gatherings had for participating family members. The events served to strengthen existing family ties and to …

Quantifying Partisan Gerrymandering: An Evaluation Of The Efficiency Gap Proposal, Benjamin Plener Cover

Articles

Electoral districting presents a risk of partisan gerrymandering: the manipulation of electoral boundaries to favor one political party over another. For three decades, the U.S. Supreme Court has failed to settle on a legal test for partisan gerrymandering, and such claims have uniformly failed. Until recently. Plaintiffs prevailed before a three-judge federal panel in Wisconsin by leveraging a new measure called the "efficiency gap," which quantifies partisan gerrymandering in terms of two parties' relative efficiency at translating votes for their party into seats in government. The case is now before the Court, which may embrace the efficiency gap approach and …

Towards A Digital Earth: Using Archetypes To Enable Knowledge Interoperability Within Geo-Observational Sensor Systems Design, Paul Stacey, Damon Berry

Articles

Earth System Science (ESS) observational data are often inadequately semantically enriched by geo-observational information systems in order to capture the true meaning of the associated data sets. Data models underpinning these information systems are often too rigid in their data representation to allow for the ever-changing and evolving nature of ESS domain concepts. This impoverished approach to observational data representation reduces the ability of multi-disciplinary practitioners to share information in a computable way.

Object oriented techniques typically employed to model data in a complex domain (with evolving domain concepts) can unnecessarily exclude domain specialists from the design process, invariably leading …

The Roles Of Social Entrepreneurs In Rural Destination Development, Ziene Mottiar, Karla Boluk, Carol Kline

Articles

This paper examines the relevance of social entrepreneurs in our consideration of rural destination development, which represents an important tool for rural revitalization. While many peripheral rural areas face significant challenges in terms of sustaining communities and attracting tourists, it is often social entrepreneurs, as much as traditional entrepreneurs, who are involved in developing new ideas, products and activities, as well as envisioning a future for the area. This study, which is based on cross-case analysis resulting from nine semi-structured interviews carried out in rural areas in Ireland, South Africa and USA, identifies key roles that social entrepreneurs play in …

Indigenous Water Justice, Barbara Cosens

Articles

Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples’ socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples’ right to self- determination is implicated. Growing out of a symposium hosted by the University of Colorado Law School and the Native American Rights Fund in June 2016, this Article expounds the concept of “indigenous water justice” and advocates for its realization in three major trans- boundary river basins: the Colorado (U.S./Mexico), Columbia (Canada/U.S.), and Murray-Darling (Australia). The Article begins …

The Causes And Consequences Of Gerrymandering, Nicholas Stephanopoulos

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No abstract provided.

The Measure Of A Metric: The Debate Over Quantifying Partisan Gerrymandering, Nicholas Stephanopoulos, Eric Mcghee

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No abstract provided.

The Summit For Civil Rights: Mission, Structure, And Initial Outcomes, Myron Orfield, William Stancil

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No abstract provided.

Accountability In The Deep State, Heidi Kitrosser

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No abstract provided.

Demography Is Destiny: Strategic Planning And Housing In Ireland, Brian Hughes

Articles

The approach to this demographic-based paper on housing comprises a demand-led perspective to spatial planning and housing provision. The principal arguments are that end-use demand is driven by demographic growth and that successful planning is predicated on sustainable market-led implementation. Accordingly, the thrust and direction of Ireland’s National Planning Framework (NPF) must be driven by rational responses to population projections, its growthdriver of job creation, and anticipating the primary locations of future employment and for city-led end-use demand. Since 2006 Ireland’s potential to invest in capital formation has been handicapped by state economic constraints. In the intervening decade its Fixed …

Dialog About A New Asylum System, James C. Hathaway

Articles

The mechanisms for implementing the obligations under the Refugee Convention are fiawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. A five-point plan could revitalize the Refugee Convention. A managed and collectivized approach to the implementation of refugee protection obligations would include planning for refugee movements, embracing common but differentiated State responsibility and international administration of refugee protection.

Climate Change Challenges For Land Conservation: Rethinking Conservation Easements, Strategies, And Tools, Jessica Owley, Federico Cheever, Adena R. Rissman, M. Rebecca Shaw, Barton H. Thompson Jr., W. William Weeks

Articles

No abstract provided.

Data Deficits In Municipal Rideshare Collaborations Symposium: Law, Technology, And The Organization Of Work, Deepa Das Acevedo

Articles

No abstract provided.