Digital Commons Network^™

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

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No abstract provided.

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson

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No abstract provided.

Symposium: Consortium For The Study And Analysis Of International Law Scholarship (Sails): Foreword, Kathleen Claussen

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Legislating Courts, Michael C. Pollack

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It Ain't That Broke-Agency Heads' Approval Of Enforcement Actions, Michael E. Herz

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Taxing The Metaverse, Young Ran (Christine) Kim

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The buzz surrounding the Metaverse has been growing steadily for the past couple of years, but the tax implications of this novel ecosystem remain fuzzy to most tax scholars. Such uncertainty is concerning, given the potential and momentum of this emerging technology. Although the Metaverse evolved from online video games focused only on user consumption, it now allows users to produce income and accumulate wealth entirely within the Metaverse. Current law seems to defer taxation of such until a realization or cash-out event. This Article challenges this approach and offers novel arguments justifying Metaverse taxation. Because economic activity within the …

Collusive Foreclosure Sales: The Forgotten Legacy Of Northern Pacific V. Boyd, David G. Carlson

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In BFP v. Resolution Trust Corp. (1994), the Supreme Court ruled that mortgage foreclosures could not be fraudulent conveyances – unless the foreclosure was “collusive.” It gave no clue what made mortgage foreclosures collusive. But in 1913, the Supreme Court defined collusive mortgage foreclosures in a famous railroad receivership case – Northern Pacific R. Co. v. Boyd. Boyd is usually thought to be the origin of the absolute priority rule in bankruptcy reorganization. Actually, it was a mortgage foreclosure sale. What made the sale collusive is that some of the shareholders of the defaulting railroad were also the shareholders of …

The "Bounds" Of Moore: Pluralism And State Judicial Review, Leah M. Litman, Katherine Shaw

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In Moore v. Harper, the Supreme Court rejected a maximalist version of the “independent state legislature theory” (ISLT), invoking state judicial practices both before and after the Constitution was ratified. This piece uses Moore’s method to examine another variation on the ISLT, one pushed most recently by Justice Brett Kavanaugh and before him by Chief Justice William Rehnquist. The Rehnquist-Kavanaugh version of the ISLT would empower federal courts to review state officers’ interpretation of state laws regarding federal elections. But the logic of Moore is fatal to that potential version of the ISLT. The Rehnquist-Kavanaugh version of the ISLT contemplates …

Construction Of An Array Of Antibody–Gold Nanoparticle Conjugates For Their Comparative Assessment On Multiplex Lateral Flow Test To Detect Mycotoxins, Bilal Javed Nanolab Research Centre, Vinayak Sharma School Of Food Science And Environmental Health, Furong Tian Nanolab Research Centre

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Bio-functionalized gold nanoparticles with anti-toxin antibody conjugates have unique physical, biochemical, and optical properties that can greatly improve the performance of biochemical assays because they can enhance the signal intensity of analyte, improve signal transduction, have higher sensitivity of analyte detection, and provide simple colorimetric signal readouts. The surface properties of gold nanoparticles, along with various antibody conjugates, play a significant role in terms of functionalizing gold nanoparticles, and the strategy for surface modification is of great significance to the application of gold nanoparticle-mediated biochemical assays. Spherical gold nanoparticles are among the most used reporter molecules in lateral flow assays. …

Rejoinder To Rural Transformations And Rural Crime Book Review Published In Rural Society (Vol. 32, Iss. 3), Matt Bowden, Alistair Harkness

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In his review, John Scott makes two key but misleading charges: first is an intimation that rural criminology is dominated by a clique of scholars; and second that the book by and large lacks ‘critical’ analysis to his liking. The reviewer provides a glimpse of a broad analysis of the field and adopts an independently minded position. Indeed, some observations and claims are made that should rightly be part of a wider debate in criminology broadly, about its relevance, impact and contribution to the social sciences: legitimate and important questions that ought to be addressed. However, a few errors in …

Comparing Anova And Powershap Feature Selection Methods Via Shapley Additive Explanations Of Models Of Mental Workload Built With The Theta And Alpha Eeg Band Ratios, Bujar Raufi, Luca Longo

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Background: Creating models to differentiate self-reported mental workload perceptions is challenging and requires machine learning to identify features from EEG signals. EEG band ratios quantify human activity, but limited research on mental workload assessment exists. This study evaluates the use of theta-to-alpha and alpha-to-theta EEG band ratio features to distinguish human self-reported perceptions of mental workload. Methods: In this study, EEG data from 48 participants were analyzed while engaged in resting and task-intensive activities. Multiple mental workload indices were developed using different EEG channel clusters and band ratios. ANOVA’s F-score and PowerSHAP were used to extract the statistical features. At …

‘Is This Song A Rebel Song?’: Republican Legitimacy And The Contested Narratives Of The Irish Revolutionary Soundscape, Seán Ó Cadhla

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This article will demonstrate how the diverse body of musical narratives broadly collectivised as ‘Irish rebel songs’ exhibit multi-layered categorisation difficulties beyond those typically pertaining to the wider canon of traditional folksong. Due to the systemic, often febrile, contestation surrounding ideological legitimacy within the Irish national struggle, such texts must necessarily navigate multiple historico-political complexities, foremost of which is the dogmatically essentialised, yet organisationally splintered, tradition of physical-force Irish Republicanism. Such disputed ideological demarcations encourage a notable subjectivity in terms of how rebel songs are viewed from both musicological and political perspectives in Ireland to the present, a liminality reflected …

Bioaccumulation Of Сr, Zn, Pb And Cu In Ambrosia Artemisiifolia L. And Erigeron Canadensis L., Volodymyr Laptiev, Samuel Obeng Apori, Michelle Giltrap, Furong Tian, Nataliia Ryzhenko

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The city of Dnipro, a prominent industrial hub in Ukraine, is recognized for its particularly its significant industrial development. This study focused on two prevalent plant species, Ambrosia artemisiifolia L. and Erigeron canadensis L., within the vicinity. Sampling was conducted at points located 12.02 km away from the emission sources associated with battery production and recycling plants in Dnipro. Analysis of heavy metal concentrations such as, Cr, Cu, Pb, and Zn was conducted using atomic emission spectrometry from the soil and plants tissues of Ambrosia artemisiifolia L. and Erigeron canadensis L. The translocation coefficient (TF) was calculated for both plant …

The Insidious War Powers Status Quo, Rebecca Ingber

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This Essay highlights two features of modern war powers that hide from public view decisions that take the country to war: the executive branch’s exploitation of interpretive ambiguity to defend unilateral presidential authority, and its dispersal of the power to use force to the outer limbs of the bureaucracy.

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

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State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Feedback Loops: Going Negative, Patrick Barry

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Aelet Fishbach is a professor at the University of Chicago Booth School of Business who has studied how people seek out and process negative feedback. One of the ways she has done this is through a classroom exercise in which she divides the students into two groups: feedback givers and feedback receivers. The givers are told to pair up with a receiver and communicate the following feedback in a one-on-one setting: The person's performance s unsatisfactory; improvement is needed; and there are concrete ways they can get on the right track.

Reimagining First Amendment Remedies, Ronald J. Krotoszynski Jr., Caprice L. Roberts

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Since the Warren Court's landmark First Amendment decisions of the I 9 6os, the Supreme Court has aggressively deployed the Free Speech Clause to provide broad substantive protections for expressive freedoms. These rules, in theory, should effectively safeguard the marketplace of political ideas and facilitate both speaker and audience autonomy. No matter haw broadly fashioned, however, a constitutional rule is only as strong as the remedies available to enforce it–and far too often, First Amendment remedies are either woefully weak or effectively nonexistent. When a would-be First Amendment plaintiff cannot obtain a meaningful remedy for a proven constitutional violation, the …

Calculating The Harms Of Political Use Of Popular Music, Jake Linford, Aaron Perzanowski

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When Donald Trump descended the escalator of Trump Tower to announce his 2016 presidential bid, Neil Young’s “Rockin’ in the Free World” blared from the loudspeakers. Almost immediately, Young’s management made clear that the campaign’s use of the song was unauthorized. Neil Young was not alone. Trump drew similar objections from dozens of artists during his first two presidential bids. But as a matter of copyright law, it is unclear whether artists can prevent their songs from being played at campaign rallies.

Modelling Hoe Performance With An Extended Source; Experimental Investigation Using Misaligned Point Sources, Jorge Lasarte, Kevin Murphy, Izabela Naydenova, Maria Victoria Collados, Jesús Atencia, Suzanne Martin

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Holographic optical elements (HOEs) have the potential to enable more compact, versatile, and lightweight optical designs, but many challenges remain. Volume HOEs have the advantage of high diffraction efficiency, but they present both chromatic selectivity and chromatic dispersion, which impact their use with wide spectrum light sources. Single-color light emitting diode (LED) sources have a narrow spectrum that reduces these issues and this makes them better suited for use with volume HOEs. However, the LED source size must be taken into consideration for compact volume HOE-LED systems. To investigate the design limits for compact HOE-LED systems, a theoretical and experimental …

Sex-Dependent Effects Of Chronic Circadian Disruption In Aβpp/Ps1 Mice., Jesse Britz, Emmanuel Ojo, Nazmul Haque, Asmita Dhukhwa, Erin R Hascup, Kevin N Hascup, Shelley A Tischkau

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BACKGROUND: Chronic disruption of the circadian timing system, often reflected as a loss of restful sleep, also includes myriad other pathophysiological effects.

OBJECTIVE: The current study examined how chronic circadian disruption (CD) could contribute to pathology and rate of progression in the AβPP/PS1 mouse model of Alzheimer's disease (AD).

METHODS: A chronic CD was imposed until animals reached 6 or 12 months of age in AβPP/PS1 and C57BL/6J control mice. Home cage activity was monitored for a period of 3-4 weeks prior to the endpoint along with a single timepoint measure of glucose sensitivity. To assess long term effects of …

European Union/Oecd/International - Klaus Vogel Lecture 2023: The Past, Present And Future Of Destination-Based Income Taxation., Reuven S. Avi-Yonah

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A significant obstacle to the unilateral adoption of the OECD’s Pillar One are tax treaties since many countries cannot override tax treaties unilaterally. In his Klaus Vogel Lecture for 2023, Professor Reuven Avi-Yonah asks what are the chances for adopting a true multilateral convention for income taxation?

What Do Consumers Understand About Predispute Arbitration Agreements? An Empirical Investigation, Roseanna Sommers

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The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires disputes to be submitted to binding arbitration (e.g., Netflix, Hulu, Cash App, a phone or cable company), yet most are unaware that they have, in fact, agreed to mandatory arbitration (also known as “forced arbitration”). Indeed, over 99% of respondents who think they have never entered into an arbitration agreement likely have …

Ai And 6g Into The Metaverse: Fundamentals, Challenges And Future Research Trends, Muhammad Zawish, Fayaz Ali Dharejo, Sunder Ali Khowaja, Saleem Raza, Steven Davy, Kapal Dev, Paolo Bellavista

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Since Facebook was renamed Meta, a lot of attention, debate, and exploration have intensified about what the Metaverse is, how it works, and the possible ways to exploit it. It is anticipated that Metaverse will be a continuum of rapidly emerging technologies, usecases, capabilities, and experiences that will make it up for the next evolution of the Internet. Several researchers have already surveyed the literature on artificial intelligence (AI) and wireless communications in realizing the Metaverse. However, due to the rapid emergence and continuous evolution of technologies, there is a need for a comprehensive and in-depth survey of the role …

Hygrothermal Risk Assessment Of External Wall Insulation Retrofit To Non-Traditional Wall Types In An Irish Context, Using The Glaser Method And A Heat, Air And Moisture Transient Model, Gareth Mcdonnell, Joseph Little

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The Climate Action Plan 2019 targets the low-energy retrofit of 500,000 existing Irish homes before 2030.1 Up to 80 per cent of building failures can be attributed to moisture risks.2 The literature indicated that external wall insulation (EWI, ETICS) failures are mostly due to moisture ingress at junctions and interfaces. A hygrothermal risk assessment of EWI on three walls with rendered concrete/concrete blockwork/cavity walls in Dublin, Belfast and Belmullet was undertaken using transient numerical simulation and the Glaser method. The guidance, common practice indicates a preference for Glaser. The initial simulation results were compared to assess the appropriateness of Glaser. …

Navigating The Conundrum Of Mandatory Reporting Under The Pocso Act: Implications For Medical Professionals, Nanditta Batra

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To address the under reporting of sexual offences against children, the Protection of Children from Sexual Offences (POCSO) Act, 2012, makes reporting of such offences mandatory. The duty to report such offences has been extended to healthcare professionals. The inclusion of healthcare professionals within mandatory reporting, however, strikes at the very foundation of the doctor-patient relationship based on trust and confidentiality and conflicts with the patient confidentiality safeguards of the Mental Healthcare Act, 2017. It also has unintended public health consequences, such as denial of medical termination of pregnancy due to fear of prosecution under POCSO. An urgent reassessment of …

Biobased Construction From Agricultural Crops: Paper 1 - A State Of Play Of Commercial Solutions In Europe, Patrick Daly, Paula G. Barril

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In response to environmental concerns and the global warming issue in particular there is a growing drive to decarbonise the building sector and transition it to more circular practices.

Biobased construction materials, products and systems are an important low carbon and circular strategy as they can enable low to negative carbon construction and have strong circularity advantages notably being able to enter the bio cycle, using renewable, low to zero toxic resources and provide a range of other performance benefits, including moisture and vapour regulation.

This novel research presents a unique state of play on the commercial application of biobased …

Theorising Political Legitimisation: From Stasis To Processes, Paddy Dolan, Stephen Vertigans, John Connolly

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Legitimacy remains a key concept in political sociology, and perhaps even more so in lay understandings of political processes and structures, as evidenced by conflict over territories and regimes around the world. However, the concept suffers from a rather static representation, and even when addressed in processual form, in terms of specific moments in the process, such as conditions favouring legitimacy or its effects. Building from an Eliasian perspective, we argue for a more processual concept of legitimisation to encompass the dynamic social networks (figurations) that constitute the more unintentional context for deliberate legitimation claims. As networks expand and intensify, …

Explainable Ai For 6g Use Cases: Technical Aspects And Research Challenges, Shen Wang, M. Atif Qureshi, Luis Miralles-Pechu{\'A}N, Thien Huynh-The, Thippa Reddy Gadekallu, Madhusanka Liyanage

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Around 2020, 5G began its commercialization journey, and discussions about the next-generation networks (such as 6G) emerged. Researchers predict that 6G networks will have higher bandwidth, coverage, reliability, energy efficiency, and lower latency, and will be an integrated “human-centric” network system powered by artificial intelligence (AI). This 6G network will lead to many real-time automated decisions, ranging from network resource allocation to collision avoidance for self-driving cars. However, there is a risk of losing control over decision-making due to the high-speed, data-intensive AI decision-making that may go beyond designers’ and users’ comprehension. To mitigate this risk, explainable AI (XAI) methods …

Two-Dimensional Dual Jets—A Comprehensive Review Of Experimental And Numerical Analyses, Paula J. Murphy, Sajad Alimohammadi, Séamus M. O'Shaughnessy

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A dual jet system, comprising a wall jet flowing tangential to a solid wall and a parallel offset jet, possesses a unique flow field that has proven advantageous in many industrial applications. Despite this, investigations of dual jets are severely underrepresented in the published literature, meaning their flow and heat transfer characteristics are yet to be fully understood. Many published studies dedicated to the characterization of dual jet flows are entirely numerical in nature, and significant discrepancies exist among the reported findings. This can be attributed to the distinct lack of experimental data related to dual jet flows, which has …

Numeracy-Meets: Supporting The Teaching Of Numeracy To Vulnerable Adult Groups, Fiona Faulkner, Mark Prendergast, Niamh O'Meara, Kathy O'Sullivan, Annette Forster

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A key commitment of the Adult Literacy for Life Strategy (2021) is to reduce the number of adults in Ireland with unmet numeracy needs from 25% to 12%. One of the main challenges in achieving this is the varied provision of adult numeracy education. Many numeracy practitioners are either employed part time or are volunteers with few opportunities for professional development and networking with their peers. This paper details the design, implementation, and evaluation of a professional development model that aimed to support adult practitioners’ in developing their learners’ numeracy skills. This was done through the development of a new …