Digital Commons Network^™

15th Anniversary Edition: Dear Readers, Peter A. Carfagna

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Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr

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This Article studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)-including mediation, conciliation, facilitation, factfinding, minitrials, arbitration, and the use of ombuds-in the programs Congress has entrusted them to administer. The use of ADR by the executive branch of the federal government to resolve disputes with or among private actors has deep historical roots. ADR related to managerial agency matters such as employment or procurement is well-established across the government and performed under a uniform set of laws. Much less has been known, however, about the scope and reach of ADR in the …

Systemic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

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Today's artificial intelligence ("AI") systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI's broader risks and law's role in addressing them. These risks are wide ranging -they span harms to vulnerable …

Microglial Piezo1 Mechanosensitive Channel As A Therapeutic Target In Alzheimer's Disease, Erol D Ikiz, Erin R Hascup, Chilman Bae, Kevin N Hascup

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Microglia are the resident macrophages of the central nervous system (CNS) that control brain development, maintain neural environments, respond to injuries, and regulate neuroinflammation. Despite their significant impact on various physiological and pathological processes across mammalian biology, there remains a notable gap in our understanding of how microglia perceive and transmit mechanical signals in both normal and diseased states. Recent studies have revealed that microglia possess the ability to detect changes in the mechanical properties of their environment, such as alterations in stiffness or pressure. These changes may occur during development, aging, or in pathological conditions such as trauma or …

Investigation Of The Uv-Resistance Of Photopolymerisable Glass For Space Applications, Luca Sorridente, Tatsiana Mikulchyk, Izabela Naydenova, Kevin Murphy

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The progress of space based scientific research leads to an increasing demand for more efficient and less bulky instruments. Conventional refractive elements make up a critical part of many optical instruments launched into space; however, they can be bulky and heavy. Holographic optical elements are an efficient alternative to replace the conventional optical elements as they are lightweight and can be miniaturized. Current materials typically used for volume holographic optical elements are not robust enough for use in space environment. Recently a promising photopolymerisable glass has been developed using a sol-gel technique, which can provide dry layers suitable for holographic …

Photopolymer Material Durability And Safety In Holographic Diffusers For Visual Applications, Matthew Hellis, Alan Casey, Edoardo Splendi, Suzanne Martin, Matthew Sheehan, Kevin Murphy

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This study introduces novel holographic diffuser applications employing acrylamide- or diacetone acrylamide-based photopolymers, patterned within the volume on a micron scale by a single-beam holographic recording process. These diffusers have previously been presented as potential treatments for amblyopia and diplopia. This work has now been extended to spectrometric analysis to determine their properties under broadband light. Diffusive elements with higher diffusion efficiencies exhibited a marginal reduction (< 5%) in diffusion efficiency across most of the visible spectrum. Given the intended application of these holographic diffusers, cytotoxicity assessments were also performed. This is significant as there is a difference in toxicity between the crystalline acrylamide (classified as a category 3 material) and diacetone acrylamide (classified as a category 4 material). The findings indicated substantially lower toxicity in holograms produced with diacetone acrylamide-based photopolymer. The accelerated ageing of both formulations of holographic diffusers indicated that the acrylamide-based holographic diffusers did not reduce efficacy in the 292 days of ageing. The diacetone acrylamide-based holographic diffusers exhibited reduced efficacy by day 182. Despite this, both formulations have been shown to perform for prolonged periods as the treatment modality would require. These results emphasise that holographic diffusers exhibit minimal spectral impact, and longevity on the scale of treatment regimes which are crucial considerations for their prospective use case as treatments for amblyopia and diplopia.

Digital Barter Taxes Are Good Tax Policy, Young Ran (Christine) Kim, Darien Shanske

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This short essay, aimed at state legislators, argues that digital barter taxes are good tax policy.

Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon

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Set to debut in July 2026, the NextGen Bar Exam will test a broad range of foundational lawyering skills needed in today’s practice of law, including contract interpretation, drafting, and revising. According to the National Conference of Bar Examiners (“NCBE”), this exam is designed “to balance the skills and knowledge needed in litigation and transactional legal practice.” More specifically, the foundational skills that will be tested include drafting and revising contract provisions consistent with the facts, the law, and the client’s objectives, interests, and constraints. The NCBE has indicated that the examinees’ knowledge of the doctrinal subject matter topics, like …

Subjective Beliefs About Contract Enforceability, J. J. Prescott, Evan Starr

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This article assesses the content, role, and adaptability of subjective beliefs about contract enforceability in the context of postemployment covenants not to compete (noncompetes). We demonstrate that employees tend to believe that even clearly unenforceable noncompetes are enforceable, including their own. We provide evidence for both supply- and demand-side stories that explain employees’ persistently inaccurate beliefs. Moreover, we show that believing that unenforceable noncompetes are enforceable likely causes employees to forgo better job opportunities and to perceive that their employer is more likely to sue them if they choose to compete. Finally, we use an information experiment to inform employees …

Trade Law Policing On The Factory Floor: Next Generation Agreements And Their Corporate Accountability Tools, Kathleen Claussen

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Trade policymakers' increased attention to sustainability has prompted the development of trade tools focused on corporate accountability within international trade agreements. As evidenced by the creation and use of the United States-Mexico-Canada Agreement's Rapid Response Labor Mechanism, this institutional shift has potent implications for labour rights and environmental protections. This article, which transcribes a lecture delivered at the Lauterpacht Centre in October 2023, scrutinises the turn toward supply-chain policing within international trade law and its institutional, legal, sociological, rhetorical and disciplinary effects.

The Myth Of Slavery Abolition, Jocelyn Getgen Kestenbaum

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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 …

All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

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The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …

Redistributing Justice, Benjamin Levin, Kate Levine

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This Essay surfaces an obstacle to decarceration hiding in plain sight: progressives’ continued support for the carceral system. Despite progressives’ increasingly prevalent critiques of criminal law, there is hardly a consensus on the left in opposition to the carceral state. Many left-leaning academics and activists who may critique the criminal system writ large remain enthusiastic about criminal law in certain areas— often areas in which defendants are imagined as powerful and victims as particularly vulnerable.

In this Essay, we offer a novel theory for what animates the seemingly conflicted attitude among progressives toward criminal punishment—the hope that the criminal system …

Modeling Redistribution Of Nanozeolites In Holographic Recording, Dana Mackey, Jack Lyons Dr, Izabela Naydenova

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Zeolite doped photopolymers have been studied experimentally due to their potential application in the develop- ment of optical sensors. It has been shown that dopant redistribution can be achieved by holographic recording and has a direct influence on the sensitivity of the recorded grating. To achieve better theoretical understanding of these processes, this paper proposes an extended photopolymerization-diffusion mathematical model for describing the dynamics of nanozeolite redistribution during recording in an acrylamide-based photopolymer. Using numerical simulations of this model, we investigate how recording conditions, dopant transport parameters, and initial load affect the refractive index modulation of the resulting photonic structure.

Water Management And Conservation In India Fostering Water Justice: Arguing For Adopting Just Sustainability In Water Governance, Gayathri D Naik Dr, Sanjay Shenoi P

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The water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving …

Feedback Loops: Upward Appreciation., Patrick Barry

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When was the last time you tried to make your boss feel welcome? Last week? Last month? Never?

How about the last time you tried to make one of your mentors feel welcome? Your mom? Your dad? A particularly helpful pastor, rabbi, imam, or other religious leader?

Back To The Future? Rishi Sunak's Industrial Strategy Save Related Papers Chat With Paper, Richard Woodward, James Silverwood

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Since becoming Prime Minister, Rishi Sunak has been variously described as pursuing a ‘furtive’, ‘surreptitious’ and ‘apologetic’ industrial strategy. Terms such as industrial policy and industrial strategy have been expunged from official speeches and policy documents, yet industrial intervention remains widespread. In adopting this approach, the article argues that Sunak has returned the UK to an industrial policy consensus established under Thatcherism. This consensus places in the foreground pro-market rhetoric and policies suggesting that industrial strategy should be limited to the correction of market failure, while in the background the state actively intervenes to shape the structure of the economy …

Holographic Multiplexing In A Photopolymerisable Hybrid Sol-Gel, Pamela Stoeva, Tatsiana Mikulchyk, Izabela Naydenova, Kevin Murphy

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Holographic multiplexing techniques enhance functionality and information storage by leveraging the inherent selectivity of holograms. This is crucial for advancing holographic sensors, which excel in simultaneously detecting multiple parameters from a single input signal. This study explores the potential of the recent photopolymerisable hybrid sol-gel (PHSG) material for application in Space sensing systems through the investigation of its holographic angular multiplexing capabilities. For the first time, to the best of our knowledge, we report the successful recording of up to five angularly multiplexed gratings with diffraction efficiencies (DE) ≥ 15% in 187 ± 18 µm PHSG layers. A 3 mW/cm2 …

Beyond The Human: Crossovers For An Onto-Epistemological Bifurcation, Ester Toribio-Roura

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Building upon recent studies in new materialisms and feminist critical posthumanism with a focus on human and more-than-human relationships, this paper examines how the posthuman paradigm, by postulating the queering of identit(ies) via entanglement with the more-than-human (including technology), and by offering a critical examination of diverse modes of existence within a broader ecological context, can foster more inclusive and ethically sound ways of being in the world. Although posthumanism encompasses a wide range of perspectives and theories, including transhumanism, at its core, it challenges traditional notions of humanism, blurring the boundaries between what is human and what is more-than-human, …

Early Age Assessment Of A New Course Of Irish Fly Ash As A Cement Replacement, Niall Holmes Dr., Nikki Shaji, Mark Tyrer

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This paper explores the potential of a new source of fly ash, deposited on the site of a coalfired power plant in Ireland dating from 1985 to 1995, as a cement replacement material. A series of X-ray diffraction (XRD) analyses on binder samples with cement replacement levels of 0, 10, 25 and 35% was undertaken to determine the fly ash’s mineralogical composition and to determine its suitability as a supplemental cementitious material (SCM). The XRD results reveal a unique mineral composition with promising characteristics for enhancing the strength and durability of concrete. The experimental results were used to calibrate a …

Medical-Legal Partnerships Reinvigorate Systems Lawyering Using An Upstream Approach, Kate L. Mitchell, Debra Chopp

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The upstream framework presented in public health and medicine considers health problems from a preventive perspective, seeking to understand and address the root causes of poor health. Medical-legal partnerships (MLPs) have demonstrated the value of this upstream framework in the practice of law and engage in upstream lawyering by utilizing systemic advocacy to address root causes of injustices and health inequities. This article explores upstreaming and its use by MLPs in reframing legal practice.

Gpt Assisted Annotation Of Rhetorical And Linguistic Features For Interpretable Propaganda Technique Detection In News Text., Kyle Hamilton, Bojan Bozic, Luca Longo

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While the use of machine learning for the detection of propaganda techniques in text has garnered considerable attention, most approaches focus on "black-box'' solutions with opaque inner workings. Interpretable approaches provide a solution, however, they depend on careful feature engineering and costly expert annotated data. Additionally, language features specific to propagandistic text are generally the focus of rhetoricians or linguists, and there is no data set labeled with such features suitable for machine learning. This study codifies 22 rhetorical and linguistic features identified in literature related to the language of persuasion for the purpose of annotating an existing data set …

The Case For Targeted Location Incentives, Reuven S. Avi-Yonah

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Both the global intangible low-taxed income provisions of the Tax Cuts and Jobs Act and the substance-based income exclusion of pillar 2 provide incentives to shift real investment to lowtax locations. Under GILTI, a 10 percent return on tangible assets of the subsidiaries of U.S. multinationals (qualified business asset investment) is exempt from tax. Under pillar 2, the top-up tax calculation excludes 10 percent of payroll costs and 8 percent of the carrying value of tangible assets in a jurisdiction.

Administrative Reliance, Haiyun Damon-Feng

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Presidential regime change and the federal policy shifts that accompany it raise significant questions concerning continuity, stability, and governance in the administrative state. Presidential policymaking through the administrative state may generate serious reliance interests recognized under administrative law (what this Article calls “administrative reliance”), which agencies must consider prior to enacting policy change. Administrative reliance has developed into a robust form of judicial review over agency action. Administrative reliance has been invoked in highly politicized contexts, such as immigration law, to challenge a sitting administration’s termination of a prior administration’s policies. Despite its powerful and consequential effects, the doctrine of …

Biosensor-Enhanced Organ-On-A-Chip Models For Investigating Glioblastoma Tumor Microenvironment Dynamics, Gayathree Thenuwara, Bilal Javed, Baljit Singh, Furong Tian

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Glioblastoma, an aggressive primary brain tumor, poses a significant challenge owing to its dynamic and intricate tumor microenvironment. This review investigates the innovative integration of biosensor-enhanced organ-on-a-chip (OOC) models as a novel strategy for an in-depth exploration of glioblastoma tumor microenvironment dynamics. In recent years, the transformative approach of incorporating biosensors into OOC platforms has enabled real-time monitoring and analysis of cellular behaviors within a controlled microenvironment. Conventional in vitro and in vivo models exhibit inherent limitations in accurately replicating the complex nature of glioblastoma progression. This review addresses the existing research gap by pioneering the integration of biosensor-enhanced OOC …

Enhancing Public Access To Agency Law, Bernard Bell, Cary Coglianese, Michael Herz, Margaret Kwoka, Orly Lobel

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A just, democratic society governed by the rule of law requires that the law be available, not hidden. This principle extends to legal materials produced by administrative agencies, all of which should be made widely accessible to the public. Federal agencies in the United States do disclose online many legal documents—sometimes voluntarily, sometimes in compliance with statutory requirements. But the scope and consistency of these disclosures leaves considerable room for improvement. After conducting a year-long study for the Administrative Conference of the United States, we identified seventeen possible statutory amendments that would improve proactive online disclosure of agency legal materials. …

Rethinking Taxing Excess Profits, Reuven S. Avi-Yonah, Tamir Shanan

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This article discusses the application of excess profit taxes (EPTs, also referred to as windfall taxes) that have gained renewed interest and popularity over the past several years. The revival of these windfall taxes gained renewed interest following the COVID-19 outbreak, which led to a sharp price increase in corporate revenues of medical equipment and within pharmaceutical industries. However, the revival of such taxes was also used following the recent rise in energy prices mainly in Europe, leading to a sharp increase in corporate revenues of energy corporations and the recent surge in borrowing interest rates that was not accompanied …

Bridging The Gap: Determinants Of Consumers’ Willingness To Pay For Environmentally Friendly Packages Of Leafy Greens, Carissa Dieli, Anushree Priyadarshini, Robert Ludgate, Lorraine Foley

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Government and corporate policies have mandated a reduction in plastic packaging to combat issues of waste and climate change. This move towards sustainable packaging alternatives in the fresh food sector will increase costs for consumers. Much of the present research finds consumers are willing to pay more for sustainability, but their willingness to pay (WTP) does not align with real-world purchases, representing an attitude–behaviour gap. To combat this gap, it is posited that consumers’ current purchasing- and sustainability-related behaviours will meaningfully correlate with their WTP and bridge the attitude–behaviour gap. This research used an online survey (n = 476) to …

Arsenic Contamination Needs Serious Attention: An Opinion And Global Scenario, Abhijnan Bhat School Of Food Science And Environmental Health, Kamna Ravi Health, Engineering & Materials Sciences (Hems) Hub, Furong Tian Nanolab Research Centre, Baljit Singh Micra Biodiagnostics Technology Gateway

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Arsenic (As) contamination is a serious global concern, polluting our natural resources, including water and soil, and posing a danger to the environment and public health. Arsenic is present in the groundwater of several countries and this contaminated water is used for irrigation, drinking, and food preparation, which poses the greatest threat to public health. Nearly 106 countries are affected by groundwater arsenic contamination and an estimated 230 million individuals worldwide are exposed to its adverse health effects, including increased cancer risks, associated cardiovascular disease and diabetes, skin lesions, neurological effects, kidney damage, and foetal or cognitive development-related complications. Arsenic …

We Don't Talk About Insurance (No, No, No!), Anthony J. Sebok

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Kenneth S. Abraham and Catherine M. Sharkey's The Glaring Gap in Tort Theory has a dramatic title. The article, which is about the unheralded and unappreciated role that liability insurance plays in tort, promises to make good on two claims-first, that the major (or a major) "missing piece" in modern tort scholarship is liability insurance, and second, once this missing piece is identified, it is impossible to ever see tort law the same way again.