Digital Commons Network^™

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

From The Editors In Chief, Kathleen Claussen, Sergio Puig, Michael Waibel

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No abstract provided.

Digital Tax Arithmetic., James R. Hines Jr.

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More than 20 countries recently adopted digital services taxes, with many others threatening to do so. The Organisation for Economic Co-operation and Development (OECD) is attempting to convince countries to withdraw their digital taxes in return for an international agreement to implement its Pillar One proposal that would let countries tax prorated shares of the profits of foreign firms with local sales. This paper identifies incentives that countries have to impose inefficiently high rates of digital taxes and calls attention to shortcomings of the OECD’s formulary apportionment alternative. Diverging interests and the inflexible nature of the multilateral bargaining process make …

Harmonizing Music Theory And Music Law, Peter Nicolas

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Those litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. As a result, legal opinions purporting to incorporate musical concepts sometimes fail to do so accurately, resulting in decisions that are inconsistent with copyright law and policy.

This Article seeks to harmonize U.S. copyright law with relevant principles of music theory. It begins with an accessible primer on basic …

Fables Of Scarcity In Ip, Zahr K. Said

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In this chapter, I use methods drawn from literary analysis to bear on artificial scarcity and explore how literary and legal storytelling engages in scarcity mongering. I find three particular narrative strategies calculated to compel a conclusion in favor of propertization: the spectacle of need, the diversionary tactic, and the rallying cry. First, I unpack the spectacle of need and its diversionary aspects through several literary accounts of scarcity and starvation. I juxtapose Franz Kafka's “A Hunger Artist,” a story explicitly centered on a wasting body, with J.M. Coetzee's The Life and Times of Michael K. Second, to explore how …

Analog Holographic Wavefront Sensor For Defocus And Spherical Aberration Measurement Recorded In A Photopolymer, Emma Branigan, Suzanne Martin, Matthew Sheehan, Kevin Murphy

Articles

An analog holographic wavefront sensor (AHWFS), for measurement of low and high order (defocus and spherical aberration) aberration modes has been developed as volume phase holograms in a photopolymer recording medium. This is the first time that high order aberrations such as spherical aberration can be sensed using a volume hologram in a photosensitive medium. Both defocus and spherical aberration were recorded in a multi-mode version of this AHWFS. Refractive elements were used to generate a maximum and minimum phase delay of each aberration which were multiplexed as a set of volume phase holograms in an acrylamide based-photopolymer layer. The …

The Association Between Time Spent On Screens And Reading With Myopia, Premyopia And Ocular Biometric And Anthropometric Measures In 6- To 7-Year-Old Schoolchildren In Ireland, Síofra Harrington, Veronica O'Dwyer

Articles

Purpose More time spent on near tasks has consistently been associated with the promotion of myopia. The World Health Organization advises limiting daily screentime to less than 2 h for children aged five and over. This study explored the relationship between time spent on screens and reading/writing with refractive status, ocular biometric and anthropometric factors in 6-to 7-year- olds in Ireland.

Methods Participants were 723 schoolchildren (377 boys [51.8%]), mean age 7.08 (0.45) years. The examination included cycloplegic autorefraction (1% cyclopentolate hydrochloride), ocular biometry (Zeiss IOLMaster), height (cm) and weight (kg). Screentime and reading/writing time were reported by parents/legal guardians …

Engaging Bhakti As/In Translation: An Outline Of A Methodological Approach To Analyse Ranade's Views About The "Saints And Prophets Of Maharashtra", Rinku Lamba

Articles

The analysis in this article suggests that M G Ranade’s reflections in his essay about the ‘Saints and Prophets of Maharashtra’ are significant because they offer a site to unravel shifts from a premodern to a modern conception of moral order on the Indian subcontinent, in the context of the encounter with colonialism. For its role in allowing such unravelling, and for the way it permits attention to hitherto neglected dimensions of Ranade’s comparison between bhakti and the Protestant Reformation, this article argues for the value of investigating Ranade’s reflections through the framework of translation. While doing the above, the …

Cognitive Software Defined Networking And Network Function Virtualization And Applications, Sachin Sharma, Avishek Nag

Articles

The emergence of Software-Defined Networking (SDN) and Network Function Virtualization (NFV) has revolutionized the Internet. Using SDN, network devices can be controlled from a centralized, programmable control plane that is decoupled from their data plane, whereas with NFV, network functions (such as network address translation, firewall, and intrusion detection) can be virtualized instead of being implemented on proprietary hardware. In addition, Artificial Intelligence (AI) and Machine Learning (ML) techniques will be key to automating network operations and enhancing customer service. Many of the challenges behind SDN and NFV are currently being investigated in several projects all over the world using …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Implant Failure In Orthopaedics: Law Does Not Hold The Surgeon Accountable, J. Terrence Jose Jerome, Arpitha Hc, Ov Nandimath

Articles

Excerpt: "It has been the practice of most patients to hold surgeons responsible for any manufacturing defect in an implant that was carried out and accountable for deficiency of services and sue them for medical negligence."

Comparison Of Cycloplegia At 20- And 30-Minutes Following Proxymetacaine And Cyclopentolate Instillation In White 12-13-Year-Olds, Megan Doyle, Veronica O'Dwyer, Siofra Harrington

Articles

Clinical Relevance

Reducing the time between drop instillation and refraction reduces the time paediatric patients and young adults spend in practice, facilitating more eye examinations daily.

Background

The current procedure for paediatric cycloplegic refraction is to wait for at least 30-minutes post-instillation of a cycloplegic before measuring spherical equivalent refraction. This study compared cycloplegia at 20- and 30-minutes following 0.5% proxymetacaine and 1.0% cyclopentolate in 12-13-year-olds.

Methods

Participants were 99 white 12-13-year-olds. One drop of proxymetacaine hydrochloride (Minims, 0.5% w/v, Bausch & Lomb, UK) followed by one drop of cyclopentolate hydrochloride (Minims, 1.0% w/v, Bausch & Lomb, UK) was instilled …

Nanoclays‑Containing Bio‑Based Packaging Materials: Properties, Applications, Safety, And Regulatory Issues, Kalpani Y. Perera, Maille Hopkins, Amit K. Jaiswal Dr, Swarna Jaiswal

Articles

Food packaging is an important concept for consumer satisfaction and the increased shelf life of food products. The introduction of novel food packaging materials has become an emerging trend in recent years, which could be mainly due to environmental pollution caused by plastic packaging and to reduce food waste. Recently, numerous studies have been carried out on nanoclays or nanolayered silicate to be used in packaging material development as reinforcing filler composites. Different types of nanoclays have been used as food packaging materials, while montmorillonite (MMT), halloysite, bentonite (BT), Cloisite, and organically modified nanoclays have become of great interest. The …

Fair4pghd: A Framework For Fair Implementation Over Pghd, Abdullahi Abubakar Kawu, Dympna O'Sullivan, Lucy Hederman, Mirjam Van Reisen

Articles

Patient Generated Health Data (PGHD) are being considered for integration with health facilities, however little is known about how such data can be made machine-actionable in a way that meets FAIR guidelines. This article proposes a 5-stage framework that can be used to achieve this.

Mitigating Catastrophe Risk For Landowners, Stewart E. Sterk

Articles

Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in overinvestment in risk-prone properties. Government intervention, however, has largely been a response to the historical failure of the private insurance industry to provide adequate protection against correlated risks, a failure with the potential to generate underinvestment in land and devastate existing owners.

When data is available about the incidence and severity of potential disasters, improvements in technology have made it more feasible for insurers to calibrate premiums and discounts with greater accuracy, and sophisticated …

Just Kidding? The Problem Of Unenforceable Waivers Of Liability, Anthony J. Sebok

Articles

No abstract provided.

Probability Distributions Arising In Connection With The Inspection Paradox For The Poisson Process, James E. Marengo, Anne Marino Himes, David L. Farnsworth, W. Cade Reinberger

Articles

The Inspection Paradox refers to the fact that in a Renewal Process, the length of the interarrival period which contains a fixed time is stochastically larger than the length of a typical interarrival period. To provide a more complete understanding of this phenomenon, conditioning arguments are used to obtain the distributions and moments of the lengths of the interarrival periods other than the one containing this fixed time for the case of the time-homogeneous Poisson Process. Distributions of the waiting times for events that occur both before and after this fixed time are derived. This provides a fairly complete probabilistic …

Modeling And Fitting Two-Way Tables Containing Outliers, David L. Farnsworth

Articles

A model is proposed for two-way tables of measurement data containing outliers. The two independent variables are categorical and error free. Neither missing values nor replication are present. The model consists of the sum of a customary additive part that can be fit using least squares and a part that is composed of outliers. Recommendations are made for methods for identifying cells containing outliers and for fitting the model. A graph of the observations is used to determine the outliers’ locations. For all cells containing an outlier, replacement values are determined simultaneously using a classical missing-data tool. The result is …

Editorial: Green Chemistry Biocatalysis, Barry J. Ryan, Gary T. Henehan, Bekir E. Eser, Ning Li, Zheng Guo, Gemma K. Kinsella

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Editorial on the Research Topic: Green chemistry biocatalysis

Visual Literacy Of Molecular Biology Revealed Through A Card-Sorting Task, Dina L. Newman, Hannah Spector, Anna Neuenschwander, Anna J. Miller, Lauren Trumpore, Leslie Kate Wright

Articles

Visual literacy, which is the ability to effectively identify, interpret, evaluate, use, and create images and visual media, is an important aspect of science literacy. As molecular processes are not directly observable, researchers and educators rely on visual representations (e.g., drawings) to communicate ideas in biology. How learners interpret and organize those numerous diagrams is related to their underlying knowledge about biology and their skills in visual literacy. Furthermore, it is not always obvious how and why learners interpret diagrams in the way they do (especially if their interpretations are unexpected), as it is not possible to “see” inside the …

Forecasting Table Beet Root Yield Using Spectral And Textural Features From Hyperspectral Uas Imagery, Mohammad Saif, Robert Chancia, Sarah Pethybridge, Sean Murphy, Amir Hassanzadeh, Jan Van Aardt

Articles

New York state is among the largest producers of table beets in the United States, which, by extension, has placed a new focus on precision crop management. For example, an operational unmanned aerial system (UAS)-based yield forecasting tool could prove helpful for the efficient management and harvest scheduling of crops for factory feedstock. The objective of this study was to evaluate the feasibility of predicting the weight of table beet roots from spectral and textural features, obtained from hyperspectral images collected via UAS. We identified specific wavelengths with significant predictive ability, e.g., we down-select >200 wavelengths to those spectral indices …

Review: Events Special Interest Group Track At The Atlas Annual Conference 2022, Enya Moore Dr.

Articles

The 2022 Association for Tourism and Leisure Education and Research (ATLAS) Annual Conference took place on the Munster Technological University campus in Cork, Ireland, 6^th – 9^th September 2022. The theme of the conference ‘What matters now to the global tourist?’ raised pertinent questions about the challenges facing the tourism and leisure industries and education since the onset of the global pandemic. This review focuses on a series of papers from the Events Special Interest Group which covered themes such as solidarity, community, festivals, placemaking and digitisation.

The research activities conducted for this publication were funded by the …

Effective Communication With Deaf, Hard Of Hearing, Blind, And Low Vision Incarcerated People, Civil Rights Litigation, Tessa Bialek, Margo Schlanger

Articles

Tens of thousands of people incarcerated in jails and prisons throughout the United States have one or more communication disabilities, a term that describes persons who are deaf, hard of hearing, blind, low vision, deafblind, speech disabled, or otherwise disabled in ways that affect communication. Incarceration is not easy for anyone, but the isolation and inflexibility of incarceration can be especially challenging, dangerous, and further disabling for persons with disabilities. Correctional entities must confront these challenges; the number of incarcerated persons with communication disabilities—already overrepresented in jails and prisons—continues to grow as a proportion. Federal antidiscrimination law obligates jails and …

Determining The Proportionality Of Ischemic Stroke Risk Factors To Age, Elizabeth Hunter, John D. Kelleher

Articles

While age is an important risk factor, there are some disadvantages to including it in a stroke risk model: age can dominate the risk score and lead to over-or under-predictions in some age groups. There is evidence to suggest that some of these disadvantages are due to the non-proportionality of other risk factors with age, eg, risk factors contribute differently to stroke risk based on an individual’s age. In this paper, we present a framework to test if risk factors are proportional with age. We then apply the framework to a set of risk factors using Framingham heart study data …

Prescribing Patterns Of Myopia Control Contact Lenses Among Optometrists In Ireland, Michael Moore, Daniel Ian Flitcroft, James Loughman

Articles

Purpose

This retrospective analysis of electronic medical record (EMR) data investigated the prescribing patterns of soft myopia control contact lens (MCCL) treatments since their introduction in Ireland in 2017.

Methods

Anonymised EMR data were sourced from 33 optometry practices in Ireland from 2017 to 2021 to determine the number of practices prescribing MCCLs to myopic children 5–18 years old. In MCCL-prescribing practices, the proportion of contact lens wearing children fitted with MCCLs and the proportion of progressive (≤−0.25 D/year) myopic children fitted with MCCLs were determined. Logistic regression was used to determine which factors influenced the likelihood of being prescribed …

An Alternative To Hapke’S Macroscopic Roughness Correction, Dylan J. Shiltz, Charles M. Bachmann

Articles

In this paper, we present an alternative to Hapke’s correction for the photometric effect of macroscopic roughness of planetary surfaces (Hapke, 1984). Our model includes the effects of both single-facet scattering and multi-facet scattering. The single-facet scattering model is derived directly from the definition of bidirectional reflectance of a rough surface. We model projected shadowing by adopting an approximation published elsewhere in the literature. Monte Carlo simulations of single-facet scattering demonstrate very good agreement with the single-facet scattering component of our model. Using 3D printed molds with known roughness statistics, we prepared rough mineral surfaces consisting of quartz and olivine …

Medical Training Of Seafarers: International Maritime Health Foundation (Imhf) Expert Panel Consensus Statement, Nebojša Nikolić, Jon Magnus Haga, Jens Tülsner, Per Otto Årland, Alf Magne Horneland, Bill Kavanagh, Klaus Seidenstucker, Spike Briggs, Inger Lund-Kordahl, Cecilia Simolin Pernilla

Articles

Background: Medical emergencies and on-going medical conditions on board may seriously impair seafarers’ health and safety, and also negatively impact on future work prospects for seafarers. When a seafarer gets ill or injured on a ship, medical treatment often relies on the competences on his colleagues on board. The aim of this project was to establish a consensus-based minimum standard for medical education for seafarers, in order to ensure competency for adequate management of ill-health on board.

Materials and methods: International Maritime Health Foundation (IMHF) conducted a workshop on medical training of seafarers. A research-based approach to gain consensus on …