Digital Commons Network^™

Defining Relevant Markets In Digital Ecosystems, Daniel A. Crane

Articles

Traditional market definition focuses on the substitutability of two products or geographies. In digital ecosystems, competition often occurs in important ways that elide definition in conventional substitutability terms. This Article considers three kinds of economic rivalry that do not fit the conventional market definition mold: (1) Single-side competition: In two sided markets, firms may compete on just one side of the market. For example, Google and Facebook compete for the same advertisers, but their users on the other side of the market do not necessarily think of the offerings (social media and universal search) as substitutes; (2) Ecosystem competition: Technology …

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

Articles

In many countries today, slavery and the slave trade continue with impunity. International human rights law prohibits both abuses, but states are rarely held accountable and people who are enslaved or slave traded rarely receive redress. This Article offers a novel account of why international human rights law advocacy neglects slavery and the slave trade. Specifically, this Article demonstrates that the abolition of the Transatlantic and East African slave trades was achieved through a legal framework that marginalized the human rights of enslaved persons while consolidating empire. In the wake of World War II, prohibitions on slavery and the slave …

Immigration - Lifeboat Earth - Is The Boat Full, Thomas Power

Articles

The Lifeboat Earth metaphor requires western liberals to consider answers to those normative questions posed by Hardin. But the answer to them possibly depends on the economic effects of immigration and this can come from both economic theory and research.

Ai And 6g Into The Metaverse: Fundamentals, Challenges And Future Research Trends, Muhammad Zawish, Fayaz Ali Dharejo, Sunder Ali Khowaja, Saleem Raza, Steven Davy, Kapal Dev, Paolo Bellavista

Articles

Since Facebook was renamed Meta, a lot of attention, debate, and exploration have intensified about what the Metaverse is, how it works, and the possible ways to exploit it. It is anticipated that Metaverse will be a continuum of rapidly emerging technologies, usecases, capabilities, and experiences that will make it up for the next evolution of the Internet. Several researchers have already surveyed the literature on artificial intelligence (AI) and wireless communications in realizing the Metaverse. However, due to the rapid emergence and continuous evolution of technologies, there is a need for a comprehensive and in-depth survey of the role …

Administrative Enslavement, Adam Davidson

Articles

No abstract provided.

Falsely Shouting Fire, Genevieve Lakier, Evelyn Douek

Articles

Research on legal diffusion typically focuses on laws’ initial adoption and ignores their later evolution. We develop a typology of three subsequent diffusion patterns: convergence, when countries revise laws to move closer to leading regulators; customization, when countries revise laws to move away from leading regulators; and stagnation, when countries cease legislating, leaving initially adopted laws in place. We then propose a general theory suggesting that economic size and geographic distance from leading regulators predict which of the three patterns countries follow. We explore this theory with case studies on the dynamic diffusion of antitrust laws in Russia, Colombia, and …

Labor Mobility And The Problems Of Modern Policing, John Rappaport, Jonathan Masur, Aurelie Ouss

Articles

We document and discuss the implications of a striking feature of modern American policing: the stasis of police labor forces. Using an original employment dataset assembled through public records requests, we show that, after the first few years on a job, officers rarely change employers, and intermediate officer ranks are filled almost exclusively through promotion rather than lateral hiring. Policing is like a sports league, if you removed trades and free agency and left only the draft in place.

We identify both nonlegal and legal causes of this phenomenon—ranging from geographic monopolies to statutory and collectively bargained rules about pensions, …

Dynamic Diffusion, Adam Chilton, Anu Bradford, Katerina Linos

Articles

Research on legal diffusion typically focuses on laws’ initial adoption and ignores their later evolution. We develop a typology of three subsequent diffusion patterns: convergence, when countries revise laws to move closer to leading regulators; customization, when countries revise laws to move away from leading regulators; and stagnation, when countries cease legislating, leaving initially adopted laws in place. We then propose a general theory suggesting that economic size and geographic distance from leading regulators predict which of the three patterns countries follow. We explore this theory with case studies on the dynamic diffusion of antitrust laws in Russia, Colombia, and …

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 …

Conducting Research With Highly Portable Mri In Community Settings: A Practical Guide To Navigating Ethical Issues And Elsi Checklist, Francis X. Shen, Susan Wolf, Frances Lawrenz, Donnella S. Comeau, Barbara J. Evans, Damien Fair, Martha J. Farah, Michael Garwood, S. Duke Han, July Illes, Jonathan D. Jackson, Eran Klein, Matthew S. Rosen, Efraín Torres, Paul Tuite, J. Thomas Vaughan

Articles

Highly portable and accessible MRI technology will allow researchers to conduct field-based MRI research in community settings. Previous guidance for researchers working with fixed MRI does not address the novel ethical, legal, and societal issues (ELSI) of portable MRI (pMRI). Our interdisciplinary Working Group (WG) previously identified 15 core ELSI challenges associated with pMRI research and recommended solutions. In this article, we distill those detailed recommendations into a Portable MRI Research ELSI Checklist that offers practical operational guidance for researchers contemplating using this technology.

The Rise Of Counter-Terrorism And The Demise Of Human Rights, Fionnuala Niaolain

Articles

This lecture addressed the consolidation and expansion of counter-terrorism norms and institutions since 9/11. The rise of counterterrorism has enabled the consolidation of autocracy, sustained democratic backsliding and undermined the capacity of civil society to function across the globe. The impact on human rights has been extensive and highly detrimental to the most vulnerable individuals and groups across the world. Drawing on my work as United Nations Special Rapporteur on Counter-Terrorism and Human Rights since my 2017 appointment, the lecture shows the hard choices that must be made nationally and globally to reverse these trends.

The Seven Essential Law School Simulation Courses, Mitch Zamoff

Articles

As we mark the ten-year anniversary of the American Bar Association’s six-credit experiential learning requirement and the launch of the NextGen bar exam, it is critical for U.S. law schools to conduct rigorous assessments of their experiential education curricula. While most law schools now offer students meaningful opportunities to develop lawyering skills in clinics and field placements, there is much less consistency in their simulation course offerings. Simulation courses are a critical component of experiential legal education. While students in clinics and field placements gain valuable, realistic experience addressing the issues presented by their actual clients, those issues may sometimes …

Assemblages And Actor Networks In The Borderlands - The Apposition Of Reproductive Rights Along The Mexican-American Border, Madeleine M. Plasencia

Articles

In 1971, Sarah Weddington argued Roe v. Wade as a class action on behalf of pregnant women living in Texas, many of whom, including herself had to flee the State to obtain an abortion in Mexico. In 2021, Texas enacted S. B. 8, otherwise known as the Texas Heartbeat Act, which created a private cause of action for injunctive relief and statutory damages awards against any person assisting in and any physician accused of performing an abortion, thus reigniting the cross-border flows that historically have made Mexico a haven for runaway enslaved people and pregnant persons heading south to freedom. …

Enhancing Inclusive Entrepreneurial Activity Through Community Engagement Led By Higher Education Institutions, Emma O'Brien, Thomas M. Cooney

Articles

While supporting entrepreneurship through government intervention has become a global phenomenon, the OECD (2021) has identified that several communities (including women, youth, seniors, unemployed and immigrants) remain under-represented in terms of entrepreneurial activity. Inclusive entrepreneurship policies seek to enhance economic and social inclusion and emphasise the significant contribution that people from within these communities could make to local and regional development if appropriate support was offered. The purpose of this study is to examine how higher education institutions (HEIs) can co-create inclusive entrepreneurial training initiatives with local communities that support economic and social inclusion.

Impact Of Population Aging On Future Temperature-Related Mortality At Different Global Warming Levels, Multi-Country Multi-City (Mcc) Collaborative Network, Patrick Goodman

Articles

Older adults are generally amongst the most vulnerable to heat and cold. While temperature-related health impacts are projected to increase with global warming, the influence of population aging on these trends remains unclear. Here we show that at 1.5 °C, 2 °C, and 3 °C of global warming, heat-related mortality in 800 locations across 50 countries/areas will increase by 0.5%, 1.0%, and 2.5%, respectively; among which 1 in 5 to 1 in 4 heat-related deaths can be attributed to population aging. Despite a projected decrease in cold-related mortality due to progressive warming alone, population aging will mostly counteract this trend, …

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 …

Children's Autonomy Rights Online, Clare Ryan

Articles

No abstract provided.

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 …

The Next Generation, Jeremiah Chin

Articles

What would the law look like if we let children remake it? Laws govern, classify, and circumscribe children who inherit the law and its consequences. Discourses of power invoke children as rhetorical strategies to gain political favor or obviate a position—yet children are uncritically excluded from participating in the systems that control them. Children are subjected to the laws and objects of legislation, but denied the rights, autonomy, or authority to participate in the making of law and policy. Even the conceptualization of the constitutional rights of children is treated as an assumption, ill-defined and under theorized by traditional legal …

What’S Going On? Diversity, Equity, And Inclusion Dispute Resolution Initiatives In The U.S., Robyn Weinstein

Articles

Over the course of my career, I have worked for and managed community dispute resolution centers, overseen a court-annexed dispute resolution program, and run a law school mediation clinic (my current position). In each post, I have been in a position of power over a different "gateway" or entry point into the field of dispute resolution. In these roles, and especially in my work overseeing a court-annexed ADR program, I became increasingly aware of who applied (and did not apply); who was appointed (and was not appointed); and who was selected (and not selected) for work as a mediator and …

What Makes A City ‘Breastfeeding-Friendly'?: A Scoping Review Of Indicators Of A Breastfeeding-Friendly City, May Loong Tan, Izz Amirah Mohd Shukri, Jacqueline J. Ho, Elizabeth J. O'Sullivan, Amal Omer-Salim, Fionnuala M Mcauliffe

Articles

A breastfeeding-friendly city is one where there is an enabling environment to support breastfeeding throughout the first 2 years or more of a child's life. Indicators of a breastfeeding-friendly city have yet to be identified. What are the indicators or criteria used to define breastfeeding friendliness in a geographic area such as a city and the settings within, which we have classified as community, healthcare and workplace? Three major databases and grey literature were searched. Records were screened to identify publications describing criteria such as indicators or descriptions of a breastfeeding-friendly setting, defined as ‘criteria-sets'. These criteria-sets were then categorized …

Regional Variation In The Role Of Humidity On City-Level Heat-Related Mortality, Multi-Country Multi-City (Mcc) Collaborative Network, Patrick Goodman

Articles

The rising humid heat is regarded as a severe threat to human survivability, but the proper integration of humid heat into heat-health alerts is still being explored. Using state-of-the-art epidemiological and climatological datasets, we examined the association between multiple heat stress indicators (HSIs) and daily human mortality in 739 cities worldwide. Notable differences were observed in the long-term trends and timing of heat events detected by HSIs. Air temperature (Tair) predicts heat-related mortality well in cities with a robust negative Tair-relative humidity correlation (CT-RH). However, in cities with near-zero or weak positive CT-RH, HSIs considering humidity provide enhanced predictive power …

Towards An Iot-Enabled Digital Earth For Sdgs: The Data Quality Challenge, M. S. B. Syed, Paula Kelly, Paul Stacey, Damon Berry

Articles

No abstract provided.

Addressing The Complexity Of Spatial Teaching: A Narrative Review Of Barriers And Enablers, Ergi Bufasi, Ting Jun Lin, Ursa Benedicic, Marten Westerhof, Rohit Mishra, Dace Namsone, Inese Dudareva, Sheryl Sorby, Lena Gumaelius, Remke M. Klapwijk, Jeroen Spandaw, Brian Bowe, Colm O'Kane, Gavin Duffy, Marianna Pagkratidou, Jeffrey Buckley

Articles

Extensive research has established that spatial ability is a crucial factor for achieving success in Science, Technology, Engineering, and Mathematics (STEM). However, challenges that educators encounter while teaching spatial skills remain uncertain. The purpose of this study is to develop a research framework that examines the interrelationships, barriers, and enablers amongst various educational components, including schools, teachers, students, classrooms, and training programs, that are encountered when teaching for spatial ability development. A thorough examination of international research, in combination with a detailed review of the primary Science and Mathematics curricula in Ireland, Latvia, Sweden, and the Netherlands, is undertaken to …

Ireland, Intellectual Property And The Political Economy Of Information Monopolies, Kenneth W. Murphy

Articles

Ireland’s policies towards US-owned global digital intermediaries (Big Tech) have emerged as an international political issue and received global media attention. So far, political and media focus has been on the impact of Ireland’s tax policies on the revenue-raising ability of other European states and perceptions of light touch regulation of those corporations based in the Republic. The current paper will focus on how Ireland’s switch to a focus on capital allowances for the sizeable American tech corporations has enabled the latter to sustain their dominance in the digital transition through incentivizing and subsidizing their switch to assetization as a …

Enhancing Inclusive Entrepreneurial Activity Through Community Engagement Led By Higher Education Institutions, Emma O'Brien, Thomas M. Cooney

Articles

Purpose: While supporting entrepreneurship through government intervention has become a global phenomenon, the OECD (2021) has identified that several communities (including women, youth, seniors, unemployed and immigrants) remain under-represented in terms of entrepreneurial activity. Inclusive entrepreneurship policies seek to enhance economic and social inclusion and emphasise the significant contribution that people from within these communities could make to local and regional development if appropriate support was offered. The purpose of this study is to examine how higher education institutions (HEIs) can co-create inclusive entrepreneurial training initiatives with local communities that support economic and social inclusion. Design/methodology/approach: This in-depth qualitative study …

Investigating The Potential For Students To Contribute To Climate Data Rescue: Introducing The Climate Data Rescue Africa Project (Clidar‐Africa), Simon Noone, C. D'Arcy, S. Donegan, W. Durkan, B. Essel, K. Healion, H. Hersbach, S. Madden, Jack Marshall, L. Mcconnell, I. Mensah, N. Scroxton, S. Thiesen, Peter Thorne

Articles

The majority of available climate data in global digital archives consist of data only from the 1940s or 1950s onwards, and many of these series have gaps and/or are available for only a subset of the variables which were actually observed. However, there exist billions of historical weather observations from the 1700s, 1800s, and early 1900s that are still in hard‐copy form and are at risk of being lost forever due to deterioration. An assessment of changes in climate extremes in several IPCC regions was not possible in IPCC AR6 WGI owing, in many cases, to the lack of available …

The Weakness Of Neighborhood Revitalization Planning In The Low-Income Housing Tax Credit Program: Warnings From Connecticut, Noah Kazis, Katherine M. O'Regan

Articles

The Low-Income Housing Tax Credit (LIHTC) is the nation's largest program to produce and preserve subsidized housing. To ensure that LIHTC avoids harmfully concentrating poverty, entrenching segregation, or inefficiently deploying resources, federal law requires that states prioritize allocating credits to projects located in high-poverty locations that contribute to a "concerted community revitalization plan" (CCRP). In high-poverty neighborhoods, tax credit developments are meant to facilitate broader neighborhood revitalization, not only to benefit the residents of the housing itself. This paper provides new, empirical support for long-standing concerns that the CCRP process is ineffectively enforced.

Looking at each application for competitive tax …

Partnering For Climate Resilience: Exploring The Maturity Of Private-Sector Efforts In The Great Lakes Region, Lisa Greenwood, Yewande Abraham, Jennifer Schneider, Vicki Lin

Articles

Communities and businesses continue to experience the effects of climate change as global temperatures rise and extreme weather events become more frequent. In the United States (US), the public sector has traditionally been responsible for mitigating these risks; however, engaging the private sector is crucial, given industrial impacts on and vulnerability to climate change. Private-sector mitigation and adaptation efforts are critical in the Great Lakes Region due to aging infrastructure as well as its economic, environmental, and political importance in the US and Canada. This study explores private-sector resilience efforts in three Great Lakes cities to identify opportunities and trends …

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …