Digital Commons Network^™

Dismantling Monuments, Richard Henry Seamon

Articles

The Antiquities Act of 1906 authorizes the President to "declare" certain objects "to be national monuments," and to "reserve parcels of land" to protect those national monuments. The Act does not expressly authorize the President to reduce or rescind a monument established by a prior President under the Act, and recent actions by President Donald Trump raise the question whether the Act impliedly authorizes such reductions or rescissions. The majority of legal scholars who have studied this question have said no, the Act does not grant such implied authority. This Article takes the contrary position. The President's authority under the …

Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens

Articles

In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …

“After Hollywood And Its Ever-Blue Skies, How Beautiful Paris Looks!”: Jacques Feyder Between France And America, 1928-1934, Barry Nevin

Articles

Although generally relegated by present-day historians to the footnotes of film history, Belgian director Jacques Feyder (1885–1948) strove to elevate the artistic standards of French film production throughout the 1920s and 1930s. His departure for Metro-Goldwyn-Mayer studios on the cusp of the transition to sound in France was viewed as a crisis, and his return was hailed as an event. Drawing on contemporary periodicals, this article answers two fundamental questions: Why did France's leading am bassador leave his adoptive homeland? And what factors motivated his return to France despite the country's notoriously anarchic mode of production? Core concerns include Feyder's …

Severe Brain Injury, Disability, And The Law: Achieving Justice For A Marginalized Population, Megan S. Wright, Nina Varsava, Joel Ramirez, Kyle Edwards, Nathan Gueveremont, Tamar Ezer, Joseph J. Fins

Articles

Thousands of persons with severe brain injury who are minimally conscious or "locked in" are wrongly treated as if they are unconscious. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. This Article comprehensively explores …

Fearless Speech, Mary Anne Franks

Articles

The American conception of free speech is primarily defined as the freedom to say whatever one wants, with little regard for the quality, context, or impact of the speech. Thus, American free speech doctrine is often characterized as neutral with regard to the speaker and the content of speech; in practice, however, it consistently privileges powerful over vulnerable speakers and harmful over critical speech.

From Philadelphia to Skokie to Charlottesville, the First Amendment has been interpreted to protect speech by white men that silences and endangers women and minorities. As free speech doctrine and practice become increasingly concerned with private …

Things Fall Apart, Anthony V. Alfieri

Articles

No abstract provided.

Big Data: Destroyer Of Informed Consent, A. Michael Froomkin

Articles

The 'Revised Common Rule' took effect on January 21, 2019, marking the first change since 2005 to the federal regulation that governs human subjects research conducted with federal support or in federally supported institutions. The Common Rule had required informed consent before researchers could collect and use identifiable personal health information. While informed consent is far from perfect, it is and was the gold standard for data collection and use policies; the standard in the old Common Rule served an important function as the exemplar for data collection in other contexts. Unfortunately, true informed consent seems incompatible with modern analytics …

Introductory Essay: Things Fall Apart: Hard Choices In Public Interest Law, Anthony V. Alfieri

Articles

No abstract provided.

Discovery Disclosure And Deterrence, Sergio J. Campos, Cheng Li

Articles

Courts, practitioners, and scholars have recently expressed concern over the ex post costs of discovery in civil litigation. In this Article, we develop a game theoretic model of litigant behavior to study an overlooked phenomenon-the ex ante effects of discovery on a defendant's incentive to engage in unlawful conduct. We focus on motions to seal, which limit the disclosure of discovered information to the public, but permit disclosure to the court and parties. Specifically, we examine the effect different rules regarding such motions have in deterring defendants from engaging in unlawful behavior. We show that as a rule becomes more …

Development Of A Photopolymer Holographic Lens For Collimation Of Light From A Green Light-Emitting Diode, Sanjay Keshri, Kevin Murphy, Vincent Toal, Izabela Naydenova, Suzanne Martin

Articles

A holographic optical element (HOE) was developed to collimate a monochromatic light-emitting diode (LED). The fabrication was achieved by the interference of collimated and diverging beams from a 532 nm laser to produce the required photonic structure in a self-developing photopolymer material. The experimental values of diffraction efficiency and spatial period across the HOE were compared with their expected theoretical values. Good agreement was found for the spatial period; however, the diffraction efficiency varied significantly across the lens. In this paper, two approaches have been taken to address this variation: (1) modification of recording geometry and (2) optimization of recording …

Developing A Unified Approach To Sustainable Consumption Behaviour: Opportunities For A New Environmental Paradigm, Vivienne Byers, Alan Gilmer

Articles

Politicians and national policy makers seek to encourage individuals to engage in a wide range of pro-environmental practices to address both discrete environmental problems and major global challenges such as climate change. Theoretically, the field of behavioural management in environmental consumption which seeks to change holarchic open human systems, is much contested. This paper proposes to develop a synthesized conceptual framework embracing a unified approach that addresses the systematic, structural, and institutional perspectives on how consumption, through public policy initiatives, can be developed and changed to reflect a deeper ecological foundation. This approach considers the debate regarding policy and behavioural …

A Review Of Type 1 Diabetes (T1d): To Assist Patients’ And Carers’ Understanding Of This Condition, Eileen O'Donnell, Liam O'Donnell

Articles

The diagnosis of Type 1 Diabetes (T1D) will come as an unwelcome surprise to most people. Within a short period of time, the person will have to come to understand and manage this chronic illness. The terminology associated with the T1D condition will also be totally new to the person: diabetes mellitus, pancreas, hyperglycaemia (hyper), hypoglycaemia (hypo), bolus (fast acting insulin), basal (slow acting insulin), ketones and blood glucose levels. The purpose of this article is to assist newly diagnosed patients’ understanding of T1D, people who are already living with T1D, carers of people with T1D, partners and family members …

Academic Twitter And Professional Learning: Myths And Realities, Muireann Okeeffe

Articles

Social networking sites provide opportunities for informal and social learning of academic practices in higher education, yet not all academics engage in these spaces. This qualitative study suggests that while Twitter offers informal opportunities for academi development, inhibiting factors prevent staff from establishing their social presence and participating in conversations on academic Twitter.

Highly Sensitive Displacement Sensor Based On Composite Interference Established Within A Balloon-Shaped Bent Multimode Fiber Structure, Ke Tian, Gerald Farrell, Xianfan Wang, Elfed Lewis, Pengfei Wang

Articles

A novel optical fiber displacement sensor based on composite interference established within a balloon-shaped bent multimode (BSBM) fiber structure is described and experimentally demonstrated. The BSBM fiber structure is realized by bending a straight single-mode–multimode–single-mode (SMS) fiber structure into a balloon shape using a length of capillary tube to fix the shape of the structure. Owing to the bend in the multimode waveguide, the original undistorted multimode interference pattern is changed, and an extra Mach–Zehnder interferometer is effectively introduced within the multimode fiber (MMF) section at a suitable bending radius. This established composite interference greatly improves the displacement sensing performance …

A Common Law For The First Amendment, Richard A. Epstein

Articles

No abstract provided.

Federalism As A Safeguard Of Progressive Taxation, Daniel Hemel

Articles

No abstract provided.

Making A Market For Corporate Disclosure, Kevin S. Haeberle, M. Todd Henderson

Articles

No abstract provided.

Panel On Rules Versus Standards In Constitutional And Statutory Interpretation, Akhil Reed Amar, Frank H. Easterbrook, John C. Harrison, William Francis Kuntz Ii

Articles

No abstract provided.

Cost-Benefit Analysis And The Judicial Role, Jonathan Masur, Eric A. Posner

Articles

No abstract provided.

Terrorism And Democratic Recession, Aziz Huq

Articles

No abstract provided.

The Case Against Passive Shareholder Voting, Dorothy Shapiro Lund

Articles

No abstract provided.

The Role Of Exit Rights: What The Theory Of The Firm Says About The Conduct Of Brexit Negotiations, Richard A. Epstein

Articles

No abstract provided.

The Wrong Rights, Or: The Inescapable Weaknesses Of Modern Liberal Constitutionalism, Richard A. Epstein

Articles

No abstract provided.

Police Violence In The Wire, Jonathan Masur, Richard H. Mcadams

Articles

No abstract provided.

The Origins Of The Espionage Act Of 1917: Was Judge Learned Hand's Understanding Of The Act Defensible?, Geoffrey R. Stone

Articles

No abstract provided.

On Unknown Opportunities And Perils: Reflections On Carrier And Minniti’S “Biologics: The New Antitrust Frontier.”, Tom Cotter

Articles

No abstract provided.

Panel Effects In Administrative Law: A Study Of Rules, Standards, And Judicial Whistleblowing, Kristin Hickman, Emerson H. Tiller, Morgan Hazelton

Articles

No abstract provided.

Sopra? So What?: Chevron Reform Misses The Target Entirely, Kristin Hickman

Articles

No abstract provided.

Surrogacy Professionalism, June Carbone, Christina O. Miller

Articles

No abstract provided.

The Constitutional Right To Asylum: The Wave Of The Future In International Refugee Law?, Steve Meili

Articles

No abstract provided.