Digital Commons Network^™

Mobilizable Labor Law, Scott L. Cummings, Andrew Elmore

Articles

In the history of new labor localism, city-level living wage ordinances emerging in the 1990s with Los Angeles leading the way have generally been understood as a second-best, limited antipoverty device designed to raise wage floors, with only indirect effects on organized labor. Drawing upon original archival materials, this Article offers an alternative reading of the history of the living wage in Los Angeles, showing how it was designed and operationalized as a proactive tool to rebuild union density and reshape city politics. Doing so makes four key contributions. First, the Article theorizes and empirically examines the living wage as …

Chatgpt, Esq.: Recasting Unauthorized Practice Of Law In The Era Of Generative Ai, Joseph J. Avery, Patricia S. Abril, Alissa Del Riego

Articles

In March of 2023, OpenAI released GPT-4, an autoregressive language model that uses deep learning to produce text. GPT-4 has unprecedented ability to practice law: drafting briefs and memos, plotting litigation strategy, and providing general legal advice. However, scholars and practitioners have yet to unpack the implications of large language models, such as GPT-4, for long-standing bar association rules on the unauthorized practice of law ("UPL"). The intersection of large language models with UPL raises manifold issues, including those pertaining to important and developing jurisprudence on free speech, antitrust, occupational licensing, and the inherent-powers doctrine. How the intersection is navigated, …

Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte

Articles

In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …

Commercially Reasonable Sales In The 21st Century, David G. Carlson

Articles

It has been over 20 years since the 2000 amendments profoundly amended the foreclosure procedures in Article 9 of the UCC. This article reviews how the amendments have fared in the case law since then.

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …

The Public Voice Of The Defender, Russell M. Gold, Kay L. Levine

Articles

For decades police and prosecutors have controlled the public narrative about criminal law. The news landscape features salacious stories of violent crimes while ignoring the more mundane but far more prevalent minor cases that clog the court dockets. Defenders, faced with overwhelming caseloads and fear that speaking out may harm their clients, have largely ceded the opportunity to offer a counternarrative based on what they see every day. Defenders tell each other about the overuse of pretrial detention, intensive pressure to plead guilty, overzealous prosecutors, cycles of violence, and rampant constitutional violations-all of which inflict severe harm on defendants and …

The Failed Federalism Of Affordable Housing: Why States Don't Use Housing Vouchers, Noah Kazis

Articles

This Article uncovers a critical disjuncture in our system of providing affordable rental housing. At the federal level, the oldest, fiercest debate in low-income housing policy is between project-based and tenant-based subsidies: should the government help build new affordable housing projects or help renters afford homes on the private market? But at the state and local levels, it is as if this debate never took place. The federal government (following most experts) employs both strategies, embracing tenant-based assistance as more cost-effective and offering tenants greater choice and mobility. But this Article shows that state and local housing voucher programs are …

Cryptic Patent Reform Through The Inflation Reduction Act., Arti K. Rai, Rachel E. Sachs, Price W. Nicholson

Articles

If a statute substantially changes the way patents work in an industry where patents are central, but says almost nothing about patents, is it patent reform? We argue the answer is yes — and it’s not a hypothetical question. The Inflation Reduction Act (“IRA”) does not address patents, but its drug pricing provisions are likely to prompt major changes in how patents work in the pharmaceutical industry. For many years scholars have decried industry’s ever-evolving strategies that use combinations of patents to block competition for as long as possible, widely known as “evergreening,” but legislators have not been receptive to …

Restoring Indian Reservation Status: An Empirical Analysis, Michael K. Velchik, Jeffery Zhang

Articles

In McGirt v. Oklahoma, the Supreme Court held that the eastern half of Oklahoma was Indian country. This bombshell decision was contrary to settled expectations and government practices spanning 111 years. It also was representative of an increasing trend of federal courts recognizing Indian sovereignty over large and economically significant areas of the country, even where Indians have not asserted these claims in many years and where Indians form a small minority of the inhabitants.

Although McGirt and similar cases fundamentally turn on questions of statutory and treaty interpretation, they are often couched in consequence-based arguments about the good …

Back To Basics: The Benefits Of Paradigmatic International Organizations, Kristina Daugirdas, Katerina Linos

Articles

In the early 2000s, small “coalitions of the willing,” flexible networks, and nimble private-public partnerships were promoted as alternatives to bureaucratic, consensus-seeking, and slow-moving international organizations. The Global Fund to Fight AIDS, Tuberculosis and Malaria was established as an efficient alternative to the lumbering World Health Organization. The Basel Committee, the Financial Stability Forum, and the Financial Action Task Force were lauded as global market regulators. The Pompidou Group, the Dublin Group, and Interpol were touted as effective police networks in the battle against transnational crime.

We systematically reviewed the evolution of these celebrated networks in the ensuing decades by …

A Mathematical Model Of Juvenile Delinquency In The New York State, Oluwasegun Micheal Ibrahim

Articles

This report presents a mathematical model of juvenile delinquency in the New York State. In particular, we develop a juvenile delinquency system of non-linear differential equations using the mathematical epidemiology framework. In constructing this model, we assume that juvenile delinquency can be studied as a socially infectious disease. The stability of the juvenile delinquency-free equilibrium of the model is examined using the standard non-linear dynamical systems theory technique. We carried out a data fitting based on real-life data from the New York State Criminal Justice Services. The research result reveals that the formulated model conforms with the available data and …

Analysis Of Strain Correction Procedures For Single Fiber Tensile Testing, Amy Engelbrecht-Wiggans, Amanda L. Forster

Articles

Accurate strain measurement for single fibers is critical for many engineering applications. Typically, the crosshead displacement is used to calculate strain when performing mechanical testing, however there are complicating factors: slack in the specimen or slipping/seating in the grips, other grip effects, and load frame compliance. These are addressed in various testing standards for single fibers, such as ASTM Standards D3822, “Standard Test Method for Tensile Properties of Single Textile Fibers” and C1557, “Standard Test Method for Tensile Strength and Young's Modulus of Fibers”. In this work, an analysis of single fiber test data has been performed to examine both …

Capacity Building For Organizational Resilience: Integrating Standards On Risk, Disruption And Continuity In The Curriculum, Lisa Greenwood, Dawn Hess, Yewande S. Abraham, Jennifer Schneider

Articles

Disruption is an inevitable factor in business and society, while inability to mitigate and manage risk can cause irreparable damage to business, the economy, and our ways of life. The COVID-19 pandemic has heightened interest in standards-based strategies for risk management and crisis preparedness to enhance organizational and societal resilience. University curricula that integrate national and international standards offer students a rich skill-set for effective performance in their careers. Moving forward, we must cultivate capable professionals who understand the challenges and risks facing society, and who grasp standards and systems for strategic planning, response, and recovery to promote organizational resilience …

Unprecedented Precedent And Original Originalism: How The Supreme Court’S Decision In Dobbs Threatens Privacy And Free Speech Rights, Leonard Niehoff

Articles

The U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has drawn considerable attention because of its reversal of Roe v. Wade and its rejection of a woman’s constitutional right to terminate her pregnancy. The Dobbs majority, and some of the concurring opinions, emphasized that the ruling was a narrow one. Nevertheless, there are reasons to think the influence of Dobbs may extend far beyond the specific constitutional issue the case addresses.

This article explains why Dobbs could have significant and unanticipated implications for the law of privacy and the law of free expression. I argue that two …

Feedback Loops: E-D-I-T (Continued), Patrick Barry

Articles

In the "Feedback Loops" column back in March, we introduced the "E-D-I-T" framework:

• Find something to Eliminate
• Find something to Decrease
• Find something to Increase
• Find something to Try

This new column will discuss each category more in depth.

What Would Surrey Say? The Long Reach Of Stanley S. Surrey, Reuven Avi-Yonah, Nir Fishbien

Articles

Stanley S. Surrey died in 1984, two years before the enactment of the Tax Reform Act of 1986, which gave us the Internal Revenue Code of 1986 as amended. Historians have recently discovered Surrey’s work through his memoirs, published in 2022, and several articles based on the memoir and on the unpublished Surrey papers at Harvard Law School. There is no doubt that Surrey was a towering historical figure during his “Half-Century with the Internal Revenue Code.” As his protégé Donald Lubick, who served as Assistant Secretary for Tax Policy in both the Carter and the Clinton Administrations, stated, Surrey …

Pillar 2 And The Credits., Reuven S. Avi-Yonah

Articles

The international tax provisions of the Build Back Better Act (BBB) passed by the House of Representatives represent a reasonable compromise. They are consistent with the OECD’s Pillar Two statement, and they represent a significant move toward the implementation of the single tax principle (STP). In what follows, we will discuss the proposed changes and how they fit in with the new international tax regime (ITR). We will also address the possible interactions with the ITR if BBB is not enacted.

Constitutional Losses And (Some) Statutory Wins For Criminal Defendants: Select Criminal Law And Procedure Cases From The Supreme Court's 2022-2023 Term., Eve Brensike Primus, Mark Rucci

Articles

The Supreme Court’s 2022–23 Term included a number of important statutory interpretation rulings, as well as significant cases concerning the scope of the Confrontation Clause; the Venue, Vicinage, and Double Jeopardy Clauses; the federal courts’ ability to entertain claims of legal innocence; and the contours of the adequate and independent state ground doctrine. It also was the first term for Justice Ketanji Brown Jackson—the first former public defender and first Black woman to join the centuries-old institution. Although Justice Jackson joined a Court ruptured along ideological lines and confronting serious challenges to its legitimacy and ethical standards, she quickly proved …

The Great Regulatory Dodge, Helen Nissenbaum, Katherine Strandburg, Salome Viljoen

Articles

U.S. privacy law is in a renewed moment of regulatory possibility, with both Congress and the states considering sweeping consumer privacy laws. These new proposals to enact “omnibus” privacy protections could be couched as an antidote to the current U.S. privacy regime: a patchwork of sectoral privacy laws stitched atop the background of FTC consumer contract enforcement. However, this Essay maintains that a one-size-fits-all approach cannot successfully capture both privacy’s value and its variability. Yet, it is clearly the case that the present- day sectoral regime in the United States suffers from significant shortcomings. These shortcomings allow behaviors that seem …

Editing, Vehicles In The Park, And The Virtue Of Clarity, Patrick Barry

Articles

What is the optimal amount of advocacy?

My law students and I face that question all the time. We face it when we’re drafting motions. We face it when we’re proposing changes to contracts. We even face it when putting together key emails, text messages, and social-media posts.

In all these situations and many more, we don’t want to oversell our arguments and ideas — but we don’t want to undersell them either. Instead, we hope to hit that perfect sweet spot known as “persuasion.”

We don’t always succeed, but one thing that has significantly increased our effectiveness is the …

Reforming The Exit Tax, Reuven S. Avi-Yonah

Articles

Code Sec. 877A was enacted in 2008 to impose a significant price on U.S. cit-izens who expatriate. But the price is not right. The quarterly data on expatri-ations (published in the Federal Register since 1998) show an increasing trendsince 2008. For example, 3,422 Americans expatriated in 2022, and the averagesince 2013 was 3,239. By comparison, between 1998 and 2012, fewer than1,000 Americans expatriated each year. This paper will discuss why the increasehappened and what Congress can do about it.

Relative Corporate Social Performance And Cost Of Equity Capital: International Evidence, Benjamin Lynch, Martha O'Hagan-Luff

Articles

This research examines the relationship between firms' corporate social performance (CSP) and the implied cost of equity capital using a sample of 25,938 firm-year observation from 49 countries during the period from 2002 to 2021. Using estimates of the firms' ex ante cost of equity capital, we examine its relationship with industry-relative measures of the firms' CSP, its environmental and social pillars and sub-pillars. We find that increased overall CSP reduces a firm's cost of equity capital up until a point, beyond which the marginal benefits of further CSP investment decrease. We find that the social pillar is the main …

Factor Substitution Possibilities, Labor Share Dynamics, And Inequality In An Age Of Intangibles, Adnan Velic

Articles

We examine the economy-wide degree of substitutability between intangible capital and other factor inputs in production using a large sample of advanced countries. In this context, we turn to studying the implications of intangible and tangible capital growth for labor income share dynamics. Compared to tangible capital, we find that intangible capital more strongly complements skilled labor. The analysis further indicates relative fungibility between tangible capital and a composite of intangible capital and skilled labor, in line with the rising prominence of knowledge-intensive tasks and AI-driven online platforms. The intrinsic nature of intangibles and their asymmetric effects across skilled and …

Understanding And Predicting Cognitive Improvement Of Young Adults In Ischemic Stroke Rehabilitation Therapy, Helard Becerra Martinez, Katryna Cisek, Alejandro Garcia-Rudolph, John Kelleher, Andrew Hines

Articles

Accurate early predictions of a patient's likely cognitive improvement as a result of a stroke rehabilitation programme can assist clinicians in assembling more effective therapeutic programs. In addition, sufficient levels of explainability, which can justify these predictions, are a crucial requirement, as reported by clinicians. This article presents a machine learning (ML) prediction model targeting cognitive improvement after therapy for stroke surviving patients. The prediction model relies on electronic health records from 201 ischemic stroke surviving patients containing demographic information, cognitive assessments at admission from 24 different standardized neuropsychology tests (e.g., TMT, WAIS-III, Stroop, RAVLT, etc.), and therapy information collected …

Discovering Child Sexual Abuse Material Creators’ Behaviors And Preferences On The Dark Web, Vuong Ngo, Rahul Gajula, Christina Thorpe, Susan Mckeever

Articles

Background: Producing, distributing or discussing child sexual abuse materials (CSAM) is often committed through the dark web in order to remain hidden from search engines and regular users. Additionally, on the dark web, the CSAM creators employ various techniques to avoid detection and conceal their activities. The large volume of CSAM on the dark web presents a global social problem and poses a significant challenge for helplines, hotlines and law enforcement agencies.

Objective: Identifying CSAM discussions on the dark web and uncovering associated metadata insights into characteristics, behaviours and motivation of CSAM creators.

Participants and Setting: We have conducted an …

Biogeography Based Optimization With Salp Swarm Optimizer Inspired Operator For Solving Non-Linear Continuous Optimization Problems, Vanita Garg, Kusum Deep, Khalid Abdulaziz Alnowibet, Hossam Zawbaa, Ali Wagdy Mohamed

Articles

In this paper, a novel attempt is made to incorporate the two effective algorithm strategies, where BBO has a strong exploration and Salp Swarm Algorithm (SSA) is used for exploitation of the search space. The proposed algorithm is tested on IEEE CEC 2014 and statistical, convergence graphs are given. The proposed algorithm is also applied to 10 real life problems and compared with its counterpart algorithm. Results obtained by above experiments have demonstrated the outperformance of the hybrid version of BBO over other algorithms.

New Fxlmat-Based Algorithms For Active Control Of Impulsive Noise, Alina Mirza, Farkhanda Afzal, Ayesha Zeb, Abdul Wakeel, Waqar Shahid Qureshi, Ali Akgul

Articles

In the presence of non-Gaussian impulsive noise (IN) with a heavy tail, active noise control (ANC) algorithms often encounter stability problems. While adaptive filters based on the higher-order error power principle have shown improved filtering capability compared to the least mean square family algorithms for IN, however, the performance of the filtered-x least mean absolute third (FxLMAT) algorithm tends to degrade under high impulses. To address this issue, this paper proposes three modifications to enhance the performance of the FxLMAT algorithm for IN. To improve stability, the first alteration i.e. variable step size FxLMAT (VSSFxLMAT)algorithm is suggested that incorporates the …

Argframe: A Multi-Layer, Web, Argument-Based Framework For Quantitative Reasoning, Lucas Rizzo

Articles

Multiple systems have been proposed to perform computational argumentation activities, but there is a lack of options for dealing with quantitative inferences. This multi-layer, web, argument-based framework has been proposed as a tool to perform automated reasoning with numerical data. It is able to use boolean logic for the creation of if-then rules and attacking rules. In turn, these rules/arguments can be activated or not by some input data, have their attacks solved (following some Dung or rank-based semantics), and finally aggregated in different fashions in order to produce a prediction (a number). The framework is implemented in PHP for …

Nonlinear Two-Dimensional Water Waves With Arbitrary Vorticity, Delia Ionescu-Kruse, Rossen Ivanov

Articles

We consider the two-dimensional water-wave problem with a general non-zero vorticity field in a fluid volume with a flat bed and a free surface. The nonlinear equations of motion for the chosen surface and volume variables are expressed with the aid of the Dirichlet-Neumann operator and the Green function of the Laplace operator in the fluid domain. Moreover, we provide new explicit expressions for both objects. The field of a point vortex and its interaction with the free surface is studied as an example. In the small-amplitude long-wave Boussinesq and KdV regimes, we obtain appropriate systems of coupled equations for …

Watchdogs Of The Economy: The Development Of Irish Economics Profession’S Independent Voice, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Histories of the development of professions show a profession’s relationship with the state as key to its authority. Yet professions, to gain technocratic authority, also strive to depoliticise their discourses to gain technocratic authority. This dilemmatic tension is particularly true for the economics profession. The historical development of the Irish economics provides an interesting case, where a complicated relationship with the state ultimately strengthened the profession within a society. An initial formalisation trajectory of Irish economics was thrown off course by the formation of an independent Irish state in the 1920s. This marked a period of isolation for the profession …