Digital Commons Network^™

Drivers Of Effective Laws For Automated Vehicles, William Hubbard

Articles

Hundreds of thousands of automated vehicles (AVs) are currently driving on America’s roads. The defining feature of AVs is that sophisticated technological systems control some or even all aspects of vehicle movement. Like any motor vehicle, AVs provide many benefits but also raise significant safety concerns. Indeed, people are already dying in collisions with AVs. Effective AV regulation is therefore critical.

This Article addresses an important—perhaps the most important— issue of AV regulation today. Recent empirical research has uncovered a shocking legal crisis: more than 40,000 conventional state laws are unclear or ineffective when applied to AVs. Fortunately, the vast …

Saving Agency Adjudication, Aaron L. Nielson, Christopher J. Walker, Melissa F. Wasserman

Articles

When discussing the federal judiciary, commentators typically fixate on the 800 or so “Article III” judges who are nominated by the President, confirmed by the Senate, and enjoy life tenure and salary protection. Yet most federal adjudication does not take place in federal courthouses at all. Instead, it occurs in nondescript hearing rooms in administrative agencies—if not telephonically. Indeed, the more than 12,000 agency adjudicators scattered across the federal government collectively issue millions of decisions per year on subjects ranging from Social Security and veterans benefits to immigration and patent rights. In recent years, however, scholars and agency adjudicators have …

Worldwide Trends In The Quality And Breadth Of Clinical Investigations Of Medical Devices Over The Past Decade: A Scoping Review And Evidence Map, Elaine Harris, David F. Keane, Mathew Cherian, Ryan Longley, Rosie Dunne, Thomas Matthew, Paddy Gillespie, Abhay Pandit, Matthew D. Griffin

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682 studies from 2012 and 1682 studies from 2022 were included. Around a quarter of studies were interventional and the remainder being observational and primary outcomes of effectiveness were more common than efficacy. Key study design aspects were frequently unreported, including sample size justification, registration, randomisation technique and funders. Our evidence map demonstrated that predominantly, investigations were of implants and were in a cardiovascular setting. Clinical investigations were broadly similar between 2012 and 2022, though there was a reduction in the proportion of cardiovascular studies, a move in the share of studies coming out of Europe and North America towards …

Lifespan Of Male And Female App/Ps1 And Appnl-F/Nl-F Mouse Models Of Alzheimer's Disease, Hannah Roberts, Yimin Fang, Kathleen Quinn, Tiarra Hill, Mackenzie R Peck, Andrzej Bartke, Kevin N Hascup, Erin R Hascup

Articles

Alzheimer's disease (AD) disproportionately affects women, yet most preclinical research studies are male-centric. We performed lifespan analyses of male and female AD mouse models (APP/PS1 and APP^NL-F/NL-F) and their shared genetic background control (C57BL/6). Survival curves support significant sex differences between genotypes. Minimal longevity revealed increased age in male APP/PS1, and decreased age in male APP^NL-F/NL-F mice. Maximal longevity revealed an increased average age in males. Furthermore, median lifespan differed between sex and genotype. This study supports dimorphic survival in two mouse models of AD, emphasizing the need to examine mechanisms and treatments in both sexes.

Use And Benefits Of A Therapeutic Hypnosis Interactive Media Program For Chronic Pain Management: A Pilot Study, Mark P. Jensen, Joy F. Chan, Owen Gottlieb, Laurence I. Sugarman, Emily Stensland

Articles

Chronic pain is a common condition that has significant negative effects on individuals and society. Opioids continue to be the primary treatment provided to the billions of individuals with chronic pain, despite their general lack of efficacy and significant negative side effects. A growing body of research supports the potential of therapeutic hypnosis for helping individuals better manage their chronic pain. However, access to this treatment is limited. The availability of a hypnosis digital therapeutic has the potential to address this access problem. The current study was designed to evaluate the feasibility of a digital therapeutic hypnosis prototype (not yet …

Defining Demand - The Suitability Of Sensor-Based Demand-Controlled Ventilation Within Deep Energy Retrofit Dwellings, Seamus Harrington, Mark Mulville

Articles

This paper reviews a Sensor-Based Demand-Controlled Ventilation (SBDCV) system which seeks to provide fresh air for breathing and to dilute and exhaust pollutants and odours. Previous studies have demonstrated that the constant pressure system increases ventilation extract and inflow based on relative humidity levels and/or presence detection and works on the assumption that the level of ventilation provided is sufficient to control the concentration of all indoor air pollutants, including those that are not occupant generated. This paper presents the results obtained from monitoring the indoor air quality of eight dwellings that had undergone a fabric-first deep energy retrofit and …

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

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No abstract provided.

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

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In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Deputization And Privileged White Violence, Ekow N. Yankah

Articles

A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

Shadow Banking And Securities Law, Gabriel V. Rauterberg, Jeffery Yufeng Zhang

Articles

Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation—aptly termed “shadow banks”—were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route—securities law. Our first contribution …

Waste, Property, And Useless Things, Meredith Render

Articles

How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?

Approximately sixty million tons of electronic waste, or "e-waste" -for example, discarded iPhones, refrigerators, desktop computers -is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars' worth of tangible raw materials (such as gold and other scarce metals) that has been rendered useless. In addition to wasting raw materials, e-waste clogs our landfills, poisons the groundwater, and taxes our capacity to store it. Worst of all, much of this waste is intentionally created …

Fee-Shifting Shortcuts, Maureen Carroll

Articles

Federal fee-shifting statutes, which allow certain prevailing plaintiffs to recover a reasonable attorney’s fee from the defendant, are critically important to civil rights enforcement. When it comes to the interpretation of these statutes, however, a wide gap separates the doctrine articulated by the Supreme Court and the decisions issued by lower courts. According to the Supreme Court, the calculation of a feeshifting award requires a highly contextualized inquiry, specific to the plaintiff’s attorneys and claims; in the lower courts, by contrast, judges take a set of welltrodden shortcuts that flatten many of the differences the case law makes relevant.

This …

Quantifying The Role Of Active Listening And Reassurance In Virtual Health Coach Interactions, Ghulam Hussain, Brian Keegan, Robert Ross

Articles

Conversational Agents have the potential to support healthcare through coaching exercise routines, but are still lacking in demonstrating authentic social behaviours to support engagement. To this end, we present a series of experiments that we conducted in order to investigate how automated health care coaches can be more effective when their interaction style is tailored to demonstrate qualities associated with a good bedside manner, namely active listening and reassurance. To test this, we first developed a dataset of 135 dialogue excerpts from three distinct sources, i.e., original, handcrafted and LLMs, the latter two of which were tuned to demonstrate specific …

Effect Of Multispecies Swards On The Fat Composition And Oxidative Stability Of Milk From Dairy Cows In Mid-Late Lactation, Samuel Rapisarda, Kate M. Mccarthy, Tommy M. Boland, Helen Sheridan, Frank J. Monahan, Finbar J. Mulligan, Graham O'Neill, Nissreen Abu-Ghannam

Articles

Multispecies swards have been recognized as more sustainable than traditional ryegrass systems, in addition to providing a range of phytochemicals to the ruminant diet. In this regard, polyphenols may be linked to higher levels of bioactive fatty acids in milk and enhanced nutraceutical properties in dairy products. This study compares the fat composition and oxidative stability of milk produced by cows fed on multispecies swards (MULTI) with milk from two conventional swards [a perennial ryegrass monoculture (PRG) and a mixture of perennial ryegrass and white clover (PRG + WC)] during the Irish summer. Milk from cows fed on MULTI had …

A Comparison Study Of Senior And Junior Deck Officers’ Interpretations Of The International Regulations For The Prevention Of Collisions At Sea, Ian Heffernan, Tom O'Mahony

Articles

The International Regulations for the Prevention of Collisions at Sea (IRPCS) provide a comprehensive set of instructions for watchkeeping officers to follow and prevent collisions at sea. This study compares how six newly qualified deck officers and six Master Mariners, who were all trained at the same college, applied the IRPCS. Individual, semi-structured interviews were used to uncover how the 12 participants applied and interpreted the rules for three authentic scenarios. Phenomenography was used to capture the qualitatively different means by which participants interpreted the IRPCS. For basic collision avoidance situations, the results indicated little difference between the cohorts' ability …

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

Articles

The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

Integration Of Data Sets For Modelling Gender Violence And Perception Of Insecurity, Sandra Lucia Hernandez Zetina, Ana Belen Anquela Julian, Angel Esteban Martin Furones, Carlos Martinez Montes, Santos Fernandez Noguerol

Articles

The dataset offers a comprehensive information to analyse cities and neighbourhood that are potentially unsafe for women, this information has been collected for four cities: Toluca (Mexico), Valencia (Spain), Dublin (Ireland) and San Francisco (USA). The collection includes quantitative and qualitative variables obtained and processed from open data, georeferenced publications from a social media platform, and points located through participatory mapping sessions.

The data is structured in raw format, organized by country and city, and categorized according to the data source used while processing, which allows unrestricted access with most data analysis software and it does not depend on specific …

Development Of The Navigation Guide Evidence-To-Decision Framework For Environmental Health: Version 1.0, Nicholas Chartres, Max T. Aung, Sustan L. Norris, Courtney Cooper, Lia A. Bero, Roger Chou, Devon C. Payne-Sturges, Wendy E. Wagner, Jessica W. Reyes, Lisa M. Askie, Daniel A. Axelrad, Deysi Flores Vigo, Jill E. Johnston, Juleen Lam, Keeve E. Nachman, Eva Rehfuess, Rachel Rothschild, Patrice Sutton, Lauren Zeise, Tracey J. Woodruff

Articles

Environmental exposures, including widespread industrial pollution, impact human health and are amplified in more highly exposed communities. Policy and regulatory frameworks for making decisions and recommendations on interventions to mitigate or prevent exposures tend to narrowly focus on exposure and some health-related data related to risks. Typically, such frameworks do not consider other factors, including essentiality, health equity, and distribution of benefits and costs. Further, decisions and recommendations lack transparency regarding how they were developed. We developed the Navigation Guide Evidence-to-Decision Framework for Environmental Health (E2DFEH) to provide a structured and transparent framework incorporating a range of scientific information and …

Institutionalized Ostracism, Danieli Evans

Articles

Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Abortion Ally Or Abettor: Accomplice And Conspiracy Liability After Dobbs, Mary Fan

Articles

The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. Abortion funds, grassroots organizations, pilots, and other humanitarian volunteers are vital for people in need of abortions, who often are trapped by a lack of resources in abortion criminalization jurisdictions. Threats of prosecution are chilling and even shutting down assistance by abortion funds for travel to pursue reproductive freedoms. The liability questions after Dobbs arise against a backdrop of increasing prosecutions in Europe and the United States for crimes …

Tax In Law Schools, Michael Hatfield

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At the 2023 Association of American Law Schools Tax Section meeting, professors discussed their impressions of a decline in the number of JD students studying tax. Their impressions were consistent with declines that have been documented in similar fields. Between 2011 and 2021, U.S. accounting programs saw an 18% drop in students, while new CPA candidates declined 39% from 2010 to 2022. In the United Kingdom, the number of law schools that teach tax has diminished by 43% since 2002. This Article examines tax education in 40 U.S. law schools, focusing on course offerings and enrollment trends from 2012 to …

Three Implications Of Moore., Reuven S. Avi-Yonah

Articles

In his majority opinion in Moore, Justice Brett Kavanaugh listed several provisions of the code that could be subject to a constitutional challenge if realization were a constitutional requirement, as suggested by Justices Amy Coney Barrett, Samuel A. Alito Jr., Clarence Thomas, and Neil M. Gorsuch. Kavanaugh wrote: In short, the Moores cannot meaningfully distinguish the [mandatory repatriation tax] from similar taxes such as taxes on partnerships, on S corporations, and on subpart F income. The upshot is that the Moores’ argument, taken to its logical conclusion, could render vast swaths of the Internal Revenue Code unconstitutional. See, e.g., 26 …

From Land Reform To Landfare: Land Claims And The Welfare State In Kerala, India, Sudheesh R.C

Articles

While large-scale land reform may still be underway in many countries, other contexts have states responding to land claims through scattered land provision measures. This article puts forward “landfare” as a lens to capture such measures and unpacks its features in one location. The article first explains this term, outlining its location in and departure from the land reform scholarship. It next shows how Kerala, India, widely cited in the scholarship for its 20th century land reform, addresses the land claims of its Adivasi citizens in the 21st century through landfare. Through an exploration of Adivasi land claims and an …

Gender Equality Plans In Research Organisations And Higher Education Institutions As A Catalyst For Transformative And Sustainable Change, Yvonne Galligan

Articles

Gender Equality Plans (GEPs) play a pivotal role in shaping the European Union’s commitment to fostering sustainable structural change in Research organisations regarding gender equality. This article considers the dynamic evolution of the EU policy on GEPs, assesses the state of play with regards to GEPs following the requirements at EU level, and poses the question: What further can be done to deliver the transformative potential of GEPs, embed their sustainability and advance towards inclusiveness at greater speed? Drawing on the insights of feminist institutionalism, which highlights the relevance of informal practices as well as formal rules in shaping an …

Enhancing Professional Development For Third Space Roles: Reflections On The Added Value Of Learning Circles, Linde Moriau, Réka Matolay, Emma Mckenna, Andrea Toarniczky, Judit Gáspár, Márta Frigyik, Catherine Bates

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This paper explores how Learning Circles can support higher education staff in navigating the complexities of contemporary educational landscapes with greater confidence, creativity, and efficacy. It presents qualitative research rooted in the three-year Erasmus+ project CIRCLET, involving five European universities. Learning Circles were implemented as a core component of professional development programmes, aiming to foster quality integration of Community Engaged Research and Learning (CERL) in academic practice. Drawing on a collaborative autoethnographic research design, we reflected on our experiences as Learning Circle designers, facilitators, and participants to identify manifestations of professional growth emanating from our project activities. We build on …

Driving Impactful Change: Entrepreneurial Insights For Social Responsibility In The Irish Context, Anna Zherdeva, Deirdre Mcquillan, Lucia Morales

Articles

Today’s volatile situation at the global level, provoked by a significant rise in Economic and Political Uncertainty, emerged as an answer on countries attempts to manage the climate change crisis, armed conflicts, the rising cost of living, a growing divide between the more prosperous Global North and the poorest Global South that are reflected on the emergence of multifaceted, multiple and long-lasting crises. During periods of heightened instability and economic uncertainty, businesses struggle to build trusting relationships with stakeholders as they seek to reduce costs. Additionally, companies seek deep engagement as they confront the costs associated with sustainability challenges and …

Reflections And Gratitude: The Journal Of Food Law & Policy From A Twenty-Year Perspective, Margie Alsbrook

Articles

Twenty years after the Journal of Food Law & Policy published its first issue, I find myself looking back with deep gratitude for the people who helped create it, for the students who sustained it, and for the community that continues to make it thrive. What began as an untested idea has grown into a respected publication and a cornerstone of a still-growing field. This essay is both a reflection on that journey and a heartfelt thank-you to everyone who made it possible.

Rahimi And The Future Of (The Rest Of) The Protection Order Prohibition, Bonnie Carlson

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In the summer of 2024, the Supreme Court considered United States v. Rahimi. Scholars and lawyers watched with bated breath to see how the court would interpret and apply the foundation-shifting Second Amendment test it established in New York State Rifle & Pistol Ass’n v. Bruen two years earlier. Ultimately, the Court upheld the federal law which temporarily bans some protection order respondents from possessing firearms. But the Court provided little in the way of additional guidance that lower courts desperately needed as evidenced by the disparate outcomes on gun cases nationwide following Bruen. Rather, the Court opted for a …

Human Masters/Robot Servants: Highly Automated Vehicle Design, Intoxicated Drivers & Vicarious Liability, William H. Widen, Marilyn C. Wolf

Articles

A traditional engineering role is to design a safe product. Safety engineering is an exercise in harm avoidance ex ante. In contrast, liability attribution is an exercise to compensate for loss post hoc — traditionally viewed as a legal matter. We observe that, when a natural person incurs liability for a loss that exceeds insurance coverage, economic ruin can follow. Neither engineering nor law focus on the loss suffered by defendants considering law as a "safety risk." The highly automated vehicle (HAV) design space, however, provides an opportunity to prevent this kind of economic harm from occurring ex ante just …

The Legacy Of Ferguson: Building Worker, Community, And Student Power To Respond To The Carceral State, Donna Coker, Melody Sinckler, Kira Mikes

Articles

The 2014 killing of Michael Brown in Ferguson, Missouri sparked national outrage regarding police violence in Black communities. But as time passed, Ferguson came to symbolize more than another episode of law enforcement violence. A Department of Justice (DOJ) report revealed that Ferguson's city coffers relied on an intentionally extractive criminal legal system that aggressively levied fines and fees in a racially discriminatory manner. As the DOJ findings illustrate, advocates seeking to transform or abolish the criminal legal system must rigorously analyze the political economy of the carceral system in their locale.

We describe a law school course aimed at …