Digital Commons Network^™

Secrecy By Stipulation, Nora Freeman, David Freeman, Jonah Gelbach, Austin Peters, Aaron Schaffer-Neitz

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GM Ignition Switch. Dalkon Shield. Oxycontin. For decades, protective orders—court orders that require parties to maintain the confidentiality of information unearthed during discovery—have hid deadly defects and pervasive abuse from the public, perpetuating unnecessary harm.

But how worrisome are these protective orders, really? Under Rule 26(c)’s plain language, protective orders are to be granted only upon a showing of “good cause.” Doesn’t that adequately cabin the orders’ entry? Prominent judges and scholars have long insisted it does, and that, under Rule 26(c), the day-to-day grant of protective orders is careful, not cavalier. Critics disagree. They charge that parties frequently agree …

Imputing Unreported Hate Crimes Using Google Search Data, Aziz Huq, Dhammika Dharmapala

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U.S. law requires the Attorney General to collect data on hate crime victimization from states and municipalities, but states and localities are under no obligation to cooperate by gathering or sharing information. Data production hence varies considerably across jurisdictions. This paper addresses the ensuing “missing data” problem by imputing unreported hate crimes using Google search rates for a racial epithet. It uses two alternative benchmarks for which jurisdictions more effectively collect hate crime data: all states that were not part of the erstwhile Confederacy, and those states with statutory provisions relating to hate crime reporting. We regress rates of racially-motivated …

Foreword To Jels Special Issue, Adam Chilton, Dhammika Dharmapala, William Hubbard

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No abstract provided.

Brown V. Board Of Education Why Do We Need Constitutional Rights?, Geoffrey Stone

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No abstract provided.

Moves & Rules: Addressing The Puzzle Of Social Rule-Following, Alma Diamond

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I explore a puzzle at the heart of the so-called ‘practice theory of rules’: how can rules, operating as normative standards, be determined by the very actions they govern? I demonstrate how this puzzle has shaped criticism of the practice theory and limited its ability to account for mistake and disagreement within social practices. I identify the reason for these difficulties: an exclusive focus on individual deliberative attitudes which ignores the dynamic interaction between plural and individual deliberation within social practices. Drawing on recent work in social ontology, I construct a framework to capture this dynamism. I distinguish between two …

Free Speech On The Internet: The Crisis Of Epistemic Authority, Brian Leiter

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No abstract provided.

Asking Gpt For The Ordinary Meaning Of Statutory Terms, Richard Mcadams, Christoph Engel

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No abstract provided.

Machine-Learning Human Rights, Han-Wei Ho, Patrick Chung-Chia, Nuno Garoupa, Martin Wells, Yun-Chien Chang, Tom Ginsburg

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Utilizing a comprehensive panel dataset spanning from 1900 to 2020, this study introduces an innovative methodology for the analysis and categorization of legal documents, specifically national constitutions. Contrary to the predominant reliance on unsupervised methods within the field, this research incorporates a supervised machine-learning approach, notably the SEMMS method, alongside traditional unsupervised algorithms. This dual approach facilitates a nuanced analysis of the human rights provisions contained within national constitutions, resulting in the identification of both traditional and novel constitutional groupings. Broadly speaking, the more traditional common law-civil law divide does not seem particularly relevant in this context. Furthermore, our methodology …

Bankruptcy Minimalism, Douglas Baird

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No abstract provided.

The Right To Remove In Agency Adjudication, Christopher J. Walker, David Zaring

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In SEC v. Jarkesy, the Supreme Court will decide the constitutional future of agency adjudication, especially in the context of agency enforcement actions and the imposition of civil penalties. If the Court agrees with the Fifth Circuit on any of its three independent reasons for unconstitutionality, agency enforcement and adjudication schemes across the federal regulatory state will be severely disrupted, in ways that are detrimental to both the regulator and the regulated. In this Essay, we propose a path forward: In certain circumstances, the regulated party should have a right to remove an enforcement action from an in-house agency adjudication …

Research Access To Social Media Data: Lessons From Clinical Trial Data Sharing, Christopher J. Morten, Gabriel Nicholas, Salomé Vilgoen

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For years, social media companies have sparred with lawmakers over how much independent access to platform data they should provide researchers. Sharing data with researchers allows the public to better understand the risks and harms associated with social media, including areas such as misinformation, child safety, and political polarization. Yet researcher access is controversial. Privacy advocates and companies raise the potential privacy threats of researchers using such data irresponsibly. In addition, social media companies raise concerns over trade secrecy: the data these companies hold and the algorithms powered by that data are secretive sources of competitive advantage. This Article shows …

Rethinking Innovation At Fda, Rachel E. Sachs, Nicholson Price, Patricia J. Zeitler

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In several controversial drug approval decisions in recent years, the Food & Drug Administration (“FDA”) has publicly justified its decision partly on the ground that approving the drugs in question would support innovation in those fields going forward. To some observers, these arguments were surprising, as the Agency’s determination whether a drug is “safe” and “effective” does not seem to depend on whether its approval also supports innovation. But FDA’s use of these innovation arguments in drug approval decisions is just one example of the ways in which the Agency has come to make many innovation-related judgments as part of …

The Radical Challenge To The Antitrust Order, Daniel A. Crane

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The U.S. antitrust order is undergoing a radical challenge along three key dimensions. First, the challengers seek to denaturalize markets and replace a commitment to competition with an anti-domination norm. Second, the challengers seek to dramatically alter institutional arrangements, with Congressional legislation and agency rulemaking replacing antitrust's longstanding commitment to judicial common law incrementalism. Finally, the challengers would replace the antitrust order's preferred juridical approach-open-ended rule of reason analysiswith a return to bright-line prohibitory rules and a related demotion of economists as decision-makers. Each of these challenges entails significant consequences, many of them unintended, counter-productive, or perverse. Contrary to the …

The Macroprudential Myth, Jeremy C. Kress, Jeffery Yufeng Zhang

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According to conventional wisdom, the 2008 fnancial crisis fundamen- tally changed how policymakers approach fnancial regulation. Before the crisis, regulators sought to prevent individual fnancial institutions from collapsing, but this “microprudential” strategy proved inadequate to stop the market-wide meltdown. In response, policymakers purportedly turned to a new “macroprudential” approach that prioritizes the stability of the fnancial system as a whole instead of individual institutions in isolation. Regulators in the United States and abroad enthusiastically embraced macroprudential policy, implementing stress tests, capital buffers, liquidity requirements, and other supposed macroprudential tools. As the United States’ top bank regulator declared in 2015, “[W]e …

Sins And Omissions: Slavery And The Bill Of Rights, Richard Primus

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According to the conventional story, the Constitutional Convention declined to include a bill of rights in the Constitution because it trusted the enumeration of congressional powers to do the necessary work of limiting the federal government. That conventional story is historically unfounded. It is not supported by contemporary evidence, and it was roundly disbelieved at the time. Although it is not possible to know for certain why (really, for what mix of reasons) the Framers omitted a bill of rights, it seems likely that one major reason was that formulating a bill of rights would have provoked a bitter fight …

Feedback Loops: Fortifying Feedback, Patrick Barry

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Feedback has an Important role to play in the fight against impostor syndrome and its many toxic by-products, including isolation, dread, depression, drops in motivation, and negative self-talk. In 2013, for example, one of the American Psychological Association’s oicial publications, gradPSYCH magazine, ran a cover story called “Feel like a Fraud?” that highlighted the stabilizing power that the right kind of feedback can provide. “he thing that made so much diference was supportive, encouraging supervision,” explained a graduate student interviewed for the story.

The Origins Of The Legal Imagination, James Boyd White

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I want to say at the outset that I feel honored beyond imagining at this celebration of the fiftieth anniversary of my book, and all the more because it is you who have set this up—so many beloved friends over the years and others who will surely become friends. I thank you deeply.

As I wondered about what I might say this morning, I thought perhaps you would be interested in where this truly odd book, with its 986 pages of readings and questions, came from.

The Dividend Puzzle Redux, Reuven S. Avi-Yonah

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The news that Meta will for the first time pay a dividend to its shareholders has prompted discussion of whether dividends will make a comeback as a major component of investor returns for high-flying corporations. Before this latest development, the largest U.S. companies (that is, the digital giants) tended to engage in stock buybacks and did not usually pay dividends.

Untangling Unreliable Citations, Margie Alsbrook

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Citations are the vernacular that the legal profession uses to communicate the precedents that underline our arguments and analysis. They are the building blocks of legal communications and legal arguments, and lawyers and judges need to be able to rely upon the accuracy of each other’s citations to work in a stabilized democracy. Democratic stability is in jeopardy due to an erosion of norms from a variety of well-documented sources, most of which are well beyond the control of the average lawyer. But lawyers and judges can control the reliability of the authority we use in our own work product, …

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia's Indigent Defense System, Meagan R. Hurley

Articles

The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …

Family Talk Versus Usual Services In Improving Child And Family Psychosocial Functioning In Families With Parental Mental Illness: A Randomised Controlled Trial And Cost Analysis, Mairead Furlong, Colm Mcguinness, Christine Marie Mulligan, Sharon Lisa Mcgarr, Sinead Mcgilloway

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Background: Parental mental illness (PMI) is common and places children at high risk of developing psychological disorders. Family Talk (FT) is a well-known, whole-family, 7-session intervention designed to reduce the risk of transgenerational psychopathology. However, very few larger-scale evaluations of FT (across only a limited number of settings) have been conducted to date while there have been no cost analyses. This study aimed to assess the effectiveness and costs of delivering FT in improving child and family psychosocial functioning in families with PMI within routine mental health settings. Methods: A total of 83 families with PMI, with children aged 5-18 …

‘Les Noirs Ne Sont Pas Des Cuisiniers, C'Est Des Plongeurs!': Exploring The Lived Experience Of Migrant Cooks In Paris, Siobhán Gough, Máirtín Mac Con Iomaire

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A global shortage of chefs and cooks currently exists within the hospitality industry, exacerbated by the Covid-19 pandemic. Migrant cooks are essential to the culinary industry, yet remain relatively anonymous within the academic literature, a research gap which this original paper seeks to address. Using a phenomenological epistemology, combined with the theoretical framework of hospitality and practice theory, this qualitative research focused on investigating the lived experience of the professional lives and identities of immigrant cooks working in Paris, France, the birthplace of the restaurant. Extant literature was reviewed, and a focus group with migrant cooks explored themes within and …

Antibiotics Misuse And Antimicrobial Resistance Development In Agriculture: A Global Challenge, Baljit Singh, Abhijnan Bhat, Kamna Ravi

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No abstract provided.

Arsenic Contamination Needs Serious Attention: An Opinion And Global Scenario, Abhijnan Bhat, Kamna Ravi, Furong Tian, Singh Baljit

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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 is …

Eskape: Navigating The Global Battlefield For Antimicrobial Resistance And Defense In Hospitals, Kamna Ravi, Baljit Singh

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The current healthcare environment is at risk due to the facilitated transmission and empowerment of the ESKAPE pathogens, comprising of Enterococcus faecium, Staphylococcus aureus, Klebsiella pneumoniae, Acinetobacter baumannii, Pseudomonas aeruginosa, and Enterobacter species. These pathogens have posed significant challenges to global public health and the threat has only amplified over time. These multidrug-resistant bacteria have become adept at escaping the effects of conventional antibiotics utilized, leading to severe healthcare-associated infections and compromising immunocompromised patient outcomes to a greater extent. The impact of ESKAPE pathogens is evident in the rapidly rising rates of treatment failures, increased mortality, and elevated healthcare costs. …

Heteroleptic Coumarin-Based Silver(I) Complexes: Possible New Antimicrobial Agents, Erika Mooney, Brendan Twamley, Gordon Cooke, Emma Caraher, Matthias Tacke, Fintan Kelleher, Bernadette S. Creaven

Articles

Heteroleptic coumarin-based silver(I) complexes with improved solubility profiles were synthesised using either triphenylphosphine or an N-heterocyclic carbene as adduct ligands, and were fully characterised using IR and NMR spectroscopy, elemental analysis, and, where possible, X-ray crystallography. The triphenylphosphine adducts formed well-resolved structures, where the oxyacetate ligands asymmetrically chelated the silver(I) ion in a bidentate chelating mode, and the silver(I) ion was also bound to two triphenylphosphine ligands. The solubility profile and photostability of the adducts were considerably improved compared to those of previously isolated simple coumarin silver(I) complexes. Analysis of the coumarin N-heterocyclic carbene(NHC) silver(I) adduct indicated that it likely …

Enhancing Control Room Operator Decision Making, Joseph Mietkiewicz, Ammar N. Abbas, Chidera W. Amazu, Gabriele Baldissone, Anders L. Madsen, Micaela Demichela, Maria Chiara Leva

Articles

In the dynamic and complex environment of industrial control rooms, operators are often inundated with numerous tasks and alerts, leading to a state known as task overload. This condition can result in decision fatigue and increased reliance on cognitive biases, which may compromise the decision-making process. To mitigate these risks, the implementation of decision support systems (DSSs) is essential. These systems are designed to aid operators in making swift, well-informed decisions, especially when their judgment may be faltering. Our research presents an artificial intelligence (AI)-based framework utilizing dynamic influence diagrams and reinforcement learning to develop a powerful decision support system. …

Exploring The Influence Of Human System Interfaces: Introducing Support Tools And An Experimental Study, Chidera W. Amazu, Joseph Mietkiewicz, Ammar N. Abbas, Houda Briwa, Andres Alonso-Perez, Gabriele Baldissone, Davide Fissore, Micaela Demichela, Maria Chiara Leva

Articles

Situational awareness and decision support tools such as procedures and alarm systems are vital for effective interaction among control room operators, especially in safety-critical situations. In safety-critical environments such as process plants, there remains a gap in evaluating specific tools during actual operations, or ”work-as-done.” Additionally, the underlying factors that might impact operators' cognitive states and performance concerning safety have not been thoroughly explored. The need for such an evaluation is further bolstered by current interaction configurations where operators are more passive than active, thus reducing their cognitive performance. Therefore, this experimental study addresses the highlighted evaluation gap by introducing …

Mental Workload Classification And Tasks Detection In Multitasking: Deep Learning Insights From Eeg Study, Miloš Pušica, Aneta Kartali, Luka Bojović, Ivan Gligorijević, Jelena Jovanović, Maria Chiara Leva, Bogdan Mijović

Articles

While the term task load (TL) refers to external task demands, the amount of work, or the number of tasks to be performed, mental workload (MWL) refers to the individual's effort, mental capacity, or cognitive resources utilized while performing a task. MWL in multitasking scenarios is often closely linked with the quantity of tasks a person is handling within a given timeframe. In this study, we challenge this hypothesis from the perspective of electroencephalography (EEG) using a deep learning approach. We conducted an EEG experiment with 50 participants performing NASA Multi-Attribute Task Battery II (MATB-II) under 4 different task load …

Collaborative Intelligence For Safety-Critical Industries: A Literature Review, Inês F. Ramos, Gabriele Gianini, Maria Chiara Leva, Ernesto Damiani

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While AI-driven automation can increase the performance and safety of systems, humans should not be replaced in safety-critical systems but should be integrated to collaborate and mitigate each other's limitations. The current trend in Industry 5.0 is towards human-centric collaborative paradigms, with an emphasis on collaborative intelligence (CI) or Hybrid Intelligent Systems. In this survey, we search and review recent work that employs AI methods for collaborative intelligence applications, specifically those that focus on safety and safety-critical industries. We aim to contribute to the research landscape and industry by compiling and analyzing a range of scenarios where AI can be …