Digital Commons Network^™

Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner

Articles

No abstract provided.

Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein

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No abstract provided.

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

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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 …

Toward A “Tender Offer” Market For Labor Representation, Aneil Kovval, Jonathan R. Macey

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American workers are not sharing in the robust growth of the economy. Traditionally, large numbers of workers sought to improve their lot by bargaining collectively through unions. But this strategy does not seem to be working for enough workers. Despite some recent renewed activity, private-sector unionization rates remain below ten percent and the unions that are in place have struggled to perform well, either in avoiding scandals or in delivering significant returns to workers in the form of job security or wage growth. This Article pro-poses a radical fix to the problem of declining unions. Drawing inspiration from corporate governance …

Constitutional Challenges To Public Health Orders In Federal Courts During The Covid-19 Pandemic, Kenny Mok, Eric A. Posner

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We examine federal judicial cases involving nonreligious civil-liberties challenges to COVID-19-related public health orders from the start of the pandemic in early 2020 to January 27, 2022. Consistent with the tradition of judicial deference toward states during emergencies, we find a high level of success for governments. However, governments did lose in 14.2% of the cases, and in those losses, there is evidence of partisan or ideological influence. Republican-appointed judges were more likely to rule in favor of challengers who brought claims based on gun rights and property rights, while Democratic- appointed judges were more likely to rule in favor …

In Tribute: Justice Stephen G. Breyer, Jennifer Nou

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No abstract provided.

Ideation And Innovation In Constitutional Rights, Tom Ginsburg

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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 …

Reflections Of A Supreme Court Commissioner, William Baude

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In 2021, President Joseph Biden convened a presidential commission to consider proposals to reform the Supreme Court. Dozens of witnesses dressed up to provide live testimony to the commission, thousands of people wrote in with additional testimony, and the commission ultimately sent the President a 294-page report.1 I served on that commission and agreed to submit our report to the President. But much is lost in committee. What follows are my own views on the subjects we considered.

In keeping with the structure of the commission’s report, Part I addresses background, Part II addresses court packing, Part III addresses term …

Grid Reliability Through Clean Energy, Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Wiseman

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In the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far beyond the electricity sector.

This Article shows that much of the perceived tension between clean energy and reliability is a failure of law and governance resulting from the United States’ siloed approach to regulating the electric grid. …

Regulatory Diffusion, Jennifer Nou, Julian Nyarko

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Regulatory diffusion occurs when an agency adopts a substantially similar rule to that of another agency. Indeed, regulatory texts proliferate just like other forms of law do. While this insight has been explored across countries, this dynamic also occurs closer to home: American administrative agencies regularly borrow language from one another. Our research shows that, in recent years, agencies reused one out of every ten paragraphs of the Code of Federal Regulations. These findings are timely given the Supreme Court’s call for judges to be less deferential to agency regulatory interpretation. There is thus newfound significance to understanding how legislative …

Checks, Not Balances, Joshua C. Macey, Brian M. Richardson

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Critics of the administrative state who would revive the nondelegation doctrine and embrace the unitary theory of executive power often assume that each branch’s powers are capable of precise definition, functionally distinct from the others, and that the formal boundaries between each branch are sacrosanct. This Article situates these critiques in Founding Era and nineteenth century debates about the structure of the Constitution. In the 1780s, the AntiFederalists objected to the Constitution for failing to enumerate a precise taxonomy of each branch’s powers, for failing to specify that each branch’s powers were exclusive, and for failing to make government officials …

Symposium Introduction: This Violent City? Urban Violence In Chicago And Beyond, Aziz Z. Huq, John Rappaport

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To many, the city of Chicago conjures up a specter of unremitting urban violence. In 2014, the city was labeled the “murder capital” of the United States.¹ The following year, a video of the police shooting Laquan McDonald became a cynosure of public concern.² Commentators as disparate as Spike Lee and President Donald Trump agree: Chicago is uniquely bloody.³ Predictably, the empirical data about Chicago’s crime and policing trends belie the most dramatic of these claims.⁴ Yet if Chicago is not as violent as either Lee or Trump makes it out to be, the city’s experience …

Nonparty Interests In Contract Law, Omri Ben-Shahar, David A. Hoffman, Cathy Hwang

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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and parties embrace this party primacy norm, recognizing only a few exceptions, such as mandatory rules that bar enforcement of agreements that harm others. This Article describes a distinct species of previously unnoticed contract law rules that advance nonparty interests, which it calls “nonparty defaults.”

In doing so, this Article makes three contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts deviate from the party primary norm with surprising …

Procedural Losses And The Pyrrhic Victory Of Abolishing Qualified Immunity, Adam A. Davidson

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Who decides? Failing to consider this simple question could turn attempts to abolish qualified immunity into a Pyrrhic victory. That is because removing qualified immunity does not change the answer to this question; the federal courts will always decide. For an outcome-neutral critic of qualified immunity who cares only about its doctrinal failures, this does not matter. But for the vast majority of critics who are outcome- sensitive, meaning they care about qualified immunity because of its role in police accountability, this is a troubling realization. Building on earlier work on the equilibration thesis, as well as on qualitative and …

Open Access, Interoperability, And Dtcc’S Unexpected Path To Monopoly, Dan Awrey, Joshua C. Macey

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For markets characterized by significant economies of scale, scholars and policy- makers o�en advance open-access and interoperability requirements as superior to both regulated monopoly and the breakup of dominant firms. In theory, by compelling firms to coordinate in the development of common infrastructure, these requirements can replicate the advantages of scale without leaving markets vulnerable to monopoly power. Examples of successful coordination include the provision of electricity, intermodal transportation, and credit-card networks.

This Article offers a qualification to this received wisdom. By tracing the Depository Trust and Clearing Corporation’s path to monopoly in the U.S. securities clearing and depository markets, …

Will Competition Reduce Attention Costs In Social Media?, Francesco Parisi

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Unlike other monopolies, social media networks almost uniformly give access to their services for free to everybody. Economists refer to these markets as “zero-price markets.” The main, and often sole, source of revenue for the network owners comes from fees that are paid by advertisers. Network owners offer access to users in exchange for users’ attention to advertisements. Economists refer to these implicit market exchanges under the heading of “attention economy.” Regulatory solutions and antitrust remedies have been considered to foster cost reduction in the market economy. This paper investigates the conditions under which an increase in competition in the …

Chatgpt Goes To Law School, Jonathan Choi, Kristin E. Hickman, Amy B. Monahan, Daniel Benjamin Schwarcz

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How well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers to the final exams for four classes at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over ninety-five multiple-choice questions and twelve essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also …

From Mandates To Governance: Restructuring The Employment Relationship, Brett Mcdonnell, Matthew Bodie

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No abstract provided.

The Influence Of Weekly Sprint Volume And Maximal Velocity Exposures On Eccentric Hamstring Strength In Professional Football Players, Sunnan Shah, Kieran Collins, Lewis J. Macgregor

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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

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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 …

Revolt Against The U.S. Hegemony: Judicial Divergence In Cyberspace, Dongsheng Zang

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This Article contributes to our understanding of the current state of cyber law. The global perspective demonstrates an almost uniform response to the U.S. law in cyberspace from all of America's major trading partners. In the past, comparative studies tended to focus on a single jurisdiction-typically, the European Union-and compared it with the United States. This approach, informative as it was, significantly understated the gravity of the differences between that jurisdiction and the United States. Fundamentally, it was based on an American-centric outlook with primary interests in building convergence models. In cyberspace, however, this is simply not helpful. In recent …

Bostock: An Inevitable Guarantee Of Heightened Scrutiny For Sexual Orientation And Transgender Classifications, Kaleb Byars

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n June 2020, the Supreme Court decided Bostock v. Clayton County. In Bostock, the Court held that discrimination on the basis of sexual orientation and transgender status per se constitutes discrimination "because of sex" for purposes of Title VIL But Bostock inspires the question of whether its holding and reasoning apply in other contexts, including the Equal Protection Clause context. While the Supreme Court has held intermediate scrutiny applies to sex classifications analyzed under the Equal Protection Clause, the Court has yet to elucidate the level of scrutiny that applies to LGBTQ classifications. Meanwhile, state and federal courts …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Trade Transparency: A Call For Surfacing Unseen Deals, Kathleen Claussen

Articles

For many years, the executive branch has concluded foreign commercial agreements with trading partners pursuant to delegated authority from Congress. The deals govern the contours of a wide range of U.S. inbound and outbound trade: from food safety rules for imported products to procedures and specifications of exported goods, to name two. The problem is that often no one-apart from the executive branch negotiators- knows what these deals contain. A lack of transparency rules has inhibited the publication of and reporting to Congress of these unseen deals. Dozens if not hundreds of foreign commercial deals are unseen in two ways: …

Assessing Sex-Specific Circadian, Metabolic, And Cognitive Phenotypes In The Aβpp/Ps1 And Appnl-F/Nl-F Models Of Alzheimer's Disease., Jesse Britz, Emmanuel Ojo, Asmita Dhukhwa, Takashi Saito, Takaomi C Saido, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

Articles

BACKGROUND: Circadian disruption has long been recognized as a symptom of Alzheimer's disease (AD); however, emerging data suggests that circadian dysfunction occurs early on in disease development, potentially preceding any noticeable cognitive deficits.

OBJECTIVE: This study compares the onset of AD in male and female wild type (C57BL6/J), transgenic (AβPP/PS1), and knock-in (APPNL-F/NL-F) AD mouse models from the period of plaque initiation (6 months) through 12 months.

METHODS: Rhythmic daily activity patterns, glucose sensitivity, cognitive function (Morris water maze, MWM), and AD pathology (plaques formation) were assessed. A comparison was made across sexes.

RESULTS: Sex-dependent hyperactivity in AβPP/PS1 mice was …

Match-Play Running Demands And Technical Performance Among Elite Gaelic Footballers: Does Divisional Status Count?, Jason Mcgahan, Shane Mangan, Kieran Collins, Con Byrnes

Articles

Match-play running demands and technical performance among elite Gaelic footballers: Does divisional status count? J Strength Cond Res 35(1): 169–175, 2021—The aim of the current study was to compare positional differences in running demands and technical performance variables among elite Gaelic football teams from separate divisions. Data were obtained from a division 1 (26.7 ± 2.9 years, 179.2 ± 21.3 cm, 89.9 ± 21.2 kg) and a division 3 (25.7 ± 3.5 years, 183.0 ± 4.7 cm, 84.4 ± 6.5 kg) team. Match-play running variables were collected using 4-Hz global positioning system (GPS) units (VX Sport; Visuallex Sport, Lower Hutt, …

Gender Differences In Physical Activity Status And Knowledge Of Irish University Staff And Students, Claire Mccarthy, Joe Warne

Articles

Objectives

The aim of this study is to examine gender differences in physical activity status and knowledge of physical activity guidelines in University staff and students.

Methods

820 survey respondents, 419 males and 401 females (Age: mean 30 ± 12, median 24 years; Weight: mean 73.4 ± 15.8 kg; Stature: mean 172.1 ± 10.2 cm) were recruited via internal email. All participants completed a self-administered online format of the Global Physical activity Questionnaire.

Results

Less females were regularly active than males in students (p ≤ 0.001; Cramer’s V = 0.232 [small]), and staff (p = 0.003; Cramer’s V …

Agility Demands Of Gaelic Football Match-Play: A Time-Motion Analysis, Paul F. Talty, Kevin Mcguigan, Mark Quinn, Paul A. Jones

Articles

Research into the physical demands of Gaelic football is limited with no research into the agility or change of direction (CoD) demands of the sport. This study examined the CoD demands of Gaelic football via a time-motion analysis of senior inter-county match play. The Bloomfield movement classification (BMC) was adapted for application to Gaelic football. A new “descriptor” was used in an effort to account for the decision-making component of agility by isolating actions that occurred during active engagement with play. Of 1,899 changes of direction (CoDs) identified, 1,035 occurred during active engagement in play. The left/right split for CoDs …

An Analysis Of Repeated High Intensity Efforts (Rhie) Across Different Competition Levels In Elite Rugby Union, Adam Sheehan, Shane Malone, Anthony Weldon, Aled Waters, Kieran Collins

Articles

The current investigation aimed to understand the differing positional demands across two elite rugby union competitions, with special reference to high-intensity effort (HIE) and repeated high-intensity effort (RHIE) activity. Four hundred and forty-one (n = 441) individual game files from thirty-five competitive games from the European Rugby Champions Cup (tier 1; n = 8) and PRO12 League (tier 2; n = 24) were analysed. Players’ locomotor profiles were recorded using wearable global positioning system microtechnology (10 Hz Catapult S5, Catapult Innovations, Australia). Locomotor activities were classified as running (4.4 ms1), high-speed running (5.5 ms1), accelerations (2 ms2) and decelerations (2 …

Protein With Negative Surface Charge Distribution, Bnr1, Shows Characteristics Of Adna‐Mimic Protein Andmay Be Involved In The Adaptation Of Burkholderia Cenocepacia, Ruth Dennehy, Niamh Duggan, Simon Dignam, Sarah Mccormack, Eugene Dillon, Jessica Molony, Maria Romano, Yueran Hou, Laura Ardill, Matthew Whelan, Zuzanna Drulis‐Kawa, Tadhg Ó'Cróinín, Miguel Valvano, Rita Berisio, Siobhán Mcclean

Articles

Adaptation of opportunistic pathogens to their host environment requires reprogramming of a vast array of genes to facilitate survival in the host. Burkholderia cenocepacia, a Gram-negative bacterium with a large genome of ∼8 Mb that colonizes environmental niches, is exquisitely adaptable to the hypoxic environment of the cystic fibrosis lung and survives in macrophages. We previously identified an immunoreactive acidic protein encoded on replicon 3, BCAS0292. Deletion of the BCAS0292 gene significantly altered the abundance of 979 proteins by 1.5-fold or more; 19 proteins became undetectable while 545 proteins showed ≥1.5-fold reduced abundance, suggesting the BCAS0292 protein is a …