Digital Commons Network^™

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

Articles

No abstract provided.

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

Articles

No abstract provided.

Future-Proofing Energy Transport Law, Alexandra Klass

Articles

No abstract provided.

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

Articles

No abstract provided.

Valuing Identity, Osamudia R. James

Articles

No abstract provided.

Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri

Articles

This article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law school clinics in contemporary anti-poverty, civil rights, and social justice movements, in part by chronicling the emergence of a faith-based municipal equity movement in Miami, Florida. The Article proceeds in four parts. Part I introduces the notion of community triage as a means of addressing the impoverished and segregated aftermath …

Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz

Articles

No abstract provided.

Addressing Cultural Bias In The Legal Profession, Debra Chopp

Articles

Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Cities, Inclusion And Exactions, Audrey Mcfarlane, Randall K. Johnson

Articles

Cities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

Sovereignty And Social Change In The Wake Of India's Recent Sodomy Cases, Deepa Das Acevedo

Articles

American constitutional law scholars have long questioned whether courts can really drive social reform and this position remains largely unchallenged even in the wake of recent landmark decisions affecting the LGBT community In contrast court watchers in India "” spurred by developments in a special type of legal action developed in the late 1970s known as "public interest litigation" or "PIL" "” have only recently begun questioning the judiciary's ability to promote progressive social change Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India's most disadvantaged and optimism that …

Taking The First Bite: Who Should Tax Apple's $187 Billion In Ireland, Reuven S. Avi-Yonah, University Of Michigan Law School

Articles

On December 19, 2016, the European Commission (hereinafter “Commission”) published its final decision in the Apple State aid case. The Commission concluded that two tax rulings granted in 1991 and 2007 on the allocation of profits to the Irish branches of Apple Sales International (“ASI”) and Apple Operations Europe (“AOE”) amounted to illegal state aid, and ordered Ireland to immediately recover this aid from Apple. The key issue in the Apple decision is where Apple’s foreign income ($187 billion, as of 2016) should be regarded as being generated. In the authors’ opinion, there is almost no basis for any argument …

Broad-Scale Redistribution Of Mrna Abundance And Transcriptional Machinery In Response To Growth Rate In Salmonella Enterica Serovar Typhimurium, Andrew D. S. Cameron, Shane Dillon, Carsten Kröger, Laurens Beran, Charles Dorman

Articles

We have investigated the connection between the four-dimensional architecture of the bacterial nucleoid and the organism's global gene expression programme. By localizing the transcription machinery and the transcriptional outputs across the genome of the model bacterium Salmonella enterica serovar Typhimurium at different stages of the growth cycle, a surprising disconnection between gene dosage and transcriptional output was revealed. During exponential growth, gene output occurred chiefly in the Ori (origin), Ter (terminus) and NSL (non-structured left) domains, whereas the Left macrodomain remained transcriptionally quiescent at all stages of growth. The apparently high transcriptional output in Ter was correlated with an enhanced …

Backdating Marriage, Peter Nicolas

Articles

Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple's civil marriage date.

This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to …

Heat Wave And Mortality: A Multicountry, Multicommunitystudy, Y. Guo, A. Gasparrini, B.G. Armstrong, B Tawatsupa, A. Tobias, E. Lavinge, M. De Sousa Zanotti Stagliorio Coelho, X. Pan, H. Kim, M. Hashizume, Y. Honda, Y. Leon Guo, C. Wu, A. Zanobetti, J. D. Schwartz, M. L. Bell, M. Scortichini, P. Michelozzi, K. Punnasiri, S. Li, L. Tian, S. D. Osorio Garcia, X. Seposo, A. Overcenco, A. Zeka, P. J. Goodman, T. N. Dang, D. V. Dung, F. Mayvaneh, P. H. Nascimento Saldiva, G. Williams, S. Tong

Articles

Heat waves of all definitions had significant cumulative associations with mortality in all countries, but varied by community. The higher the temperature threshold used to define heat waves, the higher heat wave associations on mortality. However, heat wave duration did not modify the impacts. The association between heat waves and mortality appeared acutely and lasted for 3 and 4 d. Heat waves had higher associations with mortality in moderate cold and moderate hot areas than cold and hot areas. There were no added effects of heat waves on mortality in all countries/regions, except for Brazil, Moldova, and Taiwan. Heat waves …

Exploring Smoking, Mental Health And Smoking-Related Disease In A Nationally Representative Sample Of Older Adults In Ireland: A Retrospective Secondary Analysis, Annette Burns, Judith Strawbridge, Luke Clancy, Frank Doyle

Articles

Objective

Smoking is the leading preventable cause of death among individuals with mental health difficulties (MHD). The aim of the current study was to determine the impact of smoking on the physical health of older adults with MHD in Ireland and to explore the extent to which smoking mediated or moderated associations between MHD and smoking-related diseases.

Methods

Cross-sectional analysis of a nationally representative sample of 8175 community-dwelling adults aged 50 and over from The Irish Longitudinal Study on Ageing (TILDA) was undertaken. Multivariate adjusted logistic regression models were used to assess the association between MHD, smoking (current/past/never) and smoking-related …

Market Dimensions Of Industrial Juice Production, Anushree Priyadarshini

Articles

The juice sector is currently demonstrating positive and dynamic growth mainly due to a change in lifestyle, the tendency of consumers to prefer healthy products, and an increase in purchasing power. Fruit juices form part of what are termed the “new age beverages.” In sync with growing consumer inclination toward healthier choices, manufacturers are moving over to healthier ingredients in their juices. Numerous new and innovative products are being launched globally by manufacturers to stimulate sales through innovations in flavor blends, calorie and sweetness levels, and functional benefits, very much shaped by the major lifestyle trends. This chapter aims to …

Polyphenolic Content And Antioxidant Capacity Of White, Green, Black, And Herbal Teas: A Kinetic Study, Emer Shannon, Amit Kumar Jaiswal, Nissreen Abu-Ghannam

Articles

Camellia sinensis teas, and tisanes derived from herbs or fruit, are rich in polyphenolic, antioxidant compounds. This study compared the total phenolic content (TPC), total flavonoid content (TFC), ferric reducing antioxidant power (FRAP), DPPH radical scavenging capacity, and caffeine content of teas (black, green, white, chamomile, and mixed berry/hibiscus) over a range of infusion times (0.5–10 mins) at 90°C. Green, followed by black tea, respectively, had the greatest TPC (557.58 and 499.19µg GAE/g), TFC (367.84 and 325.18µg QE/g), FRAP (887.38 and 209.38µg TE/g), and DPPH radical scavenging capacity (1233.03 and 866.39µg AAE/g). Caffeine content per cup (200mL) in black, green, …

The National Planning Framework 2040: Aspects On What It Takes To Sustain A Viable Rural Community, Brian Hughes

Articles

No abstract provided.

How To Use Analogies For Creative Business Modelling, Ryan Rumble, Niall Minto

Articles

Purpose

This paper aims to present a method for interpreting and reinterpreting business models as analogies to support the creation of new business model ideas.

Design/methodology/approach

The authors use the literature on cognitive frames and attention to demonstrate the often-overlooked potential of analogies. From this, the authors derive practical recommendations for the use of analogies in creative business model design.

Findings

Managers can design creative business models by seeking multiple interpretations of the way other businesses create and capture value.

Originality/value

Business model frameworks are commonplace, but there is little discussion on how to use them effectively. Furthermore, while analogies …

Fee Simple Obsolete, Lee Anne Fennell

Articles

No abstract provided.

The Political Ideologies Of American Lawyers, Adam S. Chilton, Adam Bonica, Maya Sen

Articles

No abstract provided.

The Economic Boom, Bust And Transport Inequity In Suburban Dublin, Ireland, Sarah Rock, Aoife Ahern, Brian Caulfield

Articles

This paper examines the existence and extent of transport inequity and disadvantage in new suburbs in Dublin, built during the Celtic Tiger period and as experienced during the recession. Findings are presented from a household postal survey from three case study areas built between 2001 and 2008. The case study areas are typical 'middle class' suburbs, and were constructed at a time when Ireland was experiencing unprecedented economic growth. The subsequent recession left many of these areas in significant negative equity, and householders with very limited housing mobility. Results from the survey point to considerable problems that are impacting on …

The Contours Of Constitutional Approval, Nicholas Stephanopoulos, Mila Versteeg

Articles

No abstract provided.

The Importance Of Local Area As A Motivation For Cooperation Among Rural Tourism Entrepreneurs, Ziene Mottiar

Articles

This paper explores the issue of entrepreneurial motivations among rural tourism entrepreneurs in choosing to engage in cooperation. It analyzes literature which deals with the role of entrepreneurs and the development of rural destinations and highlights the fact that the role of entrepreneurs has been understated. Using mixed research methods and studying two rural areas in Ireland it addresses research questions such as why do rural tourism entrepreneurs engage in cooperation? How did this cooperation emerge? And how do they choose who to co-operate with?

The key finding is that while these entrepreneurs are motivated to co-operate as they think …

Proceedings 26th Polar Libraries Colloquy Mapping Change: Chitduug Gha Nen' Ch'etnetl'edz, Daria O. Carle, Marvin Falk, Bev Ager, Stéfano Biondo, Joë Bouchard, Marcel Brannemann, Sandy Campbell, Andrew Gray, Gloria Hicks, Laura J. Kissel, Ulyana Koratkova, Peter Lund, Shannon C. Vossepoel, Ali Shiri, Dinesh Rathi, Cathy Cockney, Sharon Farnel, Elaine Maloney, Robyn Stobbs, Susanna Parikka, Shelly Sommer, Sharon Tahirkheli, Maribeth S. Murray, Steve Liang, James P. Badger, Bindu Panikkar, Byron Chu, Sandy Campell, Heidi Mccann

Articles

Published July 2023 by the University of Alaska Anchorage, UAA/APU Consortium Library, and edited by Daria O. Carle. Copyright in individual papers is held by the contributors. A digital copy of this publication can be found at https://polarlibraries.org/colloquy-proceedings/ and in ScholarWorks, the University of Alaska’s Institutional Repository, https://scholarworks.alaska.edu/. A copy of the 2016 Colloquy program is also available at https://polarlibraries.org/colloquy-proceedings/. Further information on the Polar Libraries Colloquy, including details of membership and upcoming conferences, is available at https://polarlibraries.org

Linking Social Capital, Cultural Capital And Heterotopia At The Folk Festival, Linda Wilks, Bernadette Quinn

Articles

This paper investigates the role of folk festivals in transforming interconnections between people, space and culture. It interlinks three sets of theoretical ideas: social capital, cultural capital and heterotopia to suggest a new conceptual framework that will help to frame a deeper understanding of the nature of celebration. Qualitative data were collected at two long-established folk festivals, Sidmouth Folk Festival in southern England and the Feakle Traditional Music Festival in western Ireland, in order to investigate these potential links. Although Foucault did not fully develop the concept of heterotopia, his explanation that heterotopias are counter-sites, which, unlike utopias, are located …

Sources Of Information On The Trans-Pacific Partnership, Barbara H. Garavaglia

Articles

The Trans-Pacific Partnership Agreement (TPP) is a free trade agreement between 12 countries in the Asia Pacific region: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. The agreement, signed by the U.S. and other participating countries in Auckland, New Zealand on February 4, 2016, “promotes economic integration to liberalise trade and investment” and “bring economic growth” to the region and participating countries. One reason for the sense of uncertainty, unease, and concern surrounding free trade agreements in general and the TPP in particular is that the negotiations are not public and …

Profit-Shifting Structures And Unexpected Partnership Status, Jeffrey M. Kadet, David Koontz

Articles

Many U.S.- and foreign-based MNCs that have implemented carefully researched tax strategies to reduce their income taxes are coming under increased scrutiny. Most MNC tax strategies involve businesses they conduct worldwide, but which are managed from the U.S. These strategies have several factors in common:

(i) Companies established in tax havens or otherwise structured to attract little if any tax;

(ii) Intercompany agreements placing commercial risk and intangibles in such companies, thereby shifting profits to such companies;

(iii) Conduct of centralized activities and functions in the U.S. (in addition to group senior management), which are integral to and which critically …

Searching For Fair Housing, Lee Anne Fennell

Articles

No abstract provided.

Plural Marriage, Group Marriage And Immutability In Obergefell V. Hodges And Beyond, Edward D. Stein

Articles

For decades, opponents of marriage for same-sex couples have appealed to polygamy. The Chief Justice's dissent in Obergefell is no exception insofar as he says that the logic of the majority opinion with respect to same-sex marriage also applies to plural marriage. This Essay explores the resources for distinguishing polygamy from same-sex marriage, focusing on the mutability or immutability of the desire to engage in plural/group marriage as compared to the desires to marry someone of the same sex. It shows the appeal to immutability does not succeed in distinguishing plural/group marriages from same-sex marriages.