Digital Commons Network^™

Regulating Bank Reputation Risk, Julie Andersen Hill

Articles

In the aftermath of a school shooting in Florida the New York State bank regulator urged banks to manage the "reputation risk" posed by doing business with the National Rifle Association a gun rights advocacy group As part of Operation Choke Point a federal regulator told banks to end relationships with payday lenders because those activities posed "reputation risk" Another federal regulator warns banks their reputations might be damaged by lending to oil and gas companies that are perceived to cause environmental harm Reputation risk is the risk that bank stakeholders will negatively change their perception of the bank It …

Crisis-Driven Tax Law: The Case Of Section 382, Albert H. Choi, Quinn Curtis, Andrew T. Hayashi

Articles

At the peak of the 2008 financial crisis, the Internal Revenue Service (IRS) issued Notice 2008–83 (the Notice), administrative guidance that limited Internal Revenue Code (the Code) section 382, an important tax rule designed to discourage tax-motivated acquisitions. Although styled as a mere interpretation of existing law, the Notice has been widely viewed as an improper exercise of the IRS’s authority that undermined its legitimacy. But did the Notice work? There were many extraordinary interventions during the financial crisis that raised questions about eroding the rule of law and the long-term destabilizing effects of bail­outs. In a financial crisis, regulators …

The Role Of Previous Discourse In Identifying Public Textual Cyberbullying, Aurelia Power, Anthony Keane, Brian Nolan, Brian O'Neill

Articles

In this paper we investigate the contribution of previous discourse in identifying elements that are key to detecting public textual cyberbullying. Based on the analysis of our dataset, we first discuss the missing cyberbullying elements and the grammatical structures representative of discourse-dependent cyberbullying discourse. Then we identify four types of discourse dependent cyberbullying constructions: (1) fully inferable constructions, (2) personal marker and cyberbullying link inferable constructions, (3) dysphemistic element and cyberbullying link inferable constructions, and (4) dysphemistic element inferable constructions. Finally, we formalise a framework to resolve the missing cyberbullying elements that proposes several resolution algorithms. The resolution algorithms target …

Privacy In The Age Of Medical Big Data, W. Nicholson Price Ii, I. Glenn Cohen

Articles

Big data has become the ubiquitous watch word of medical innovation. The rapid development of machine-learning techniques and artificial intelligence in particular has promised to revolutionize medical practice from the allocation of resources to the diagnosis of complex diseases. But with big data comes big risks and challenges, among them significant questions about patient privacy. Here, we outline the legal and ethical challenges big data brings to patient privacy. We discuss, among other topics, how best to conceive of health privacy; the importance of equity, consent, and patient governance in data collection; discrimination in data uses; and how to handle …

From Governess To Governance: Advancing Gender Equity In Corporate Leadership, Kellye Y. Testy

Articles

Even as corporate influence on every aspect of life continues to grow, women (overall, and especially women of color) remain woefully underrepresented in corporate governance roles, particularly on boards of directors. This lack of gender diversity in the corporate boardroom is prevalent not only in more established companies but also persists—often at even higher levels— in new ventures as well. This Essay details the persistent lack of progress over more than a half century in diversifying leadership in corporate governance. This progress is especially concerning given that the benefits of diversity for sound decisionmaking and overall corporate welfare have been …

Employees As Regulators: The New Private Ordering In High Technology Companies, Jennifer S. Fan

Articles

There is mounting public concern over the influence that high technology companies have in our society. In the past, these companies were lauded for their innovations, but now as one scandal after another has plagued them, from being a conduit in influencing elections (think Cambridge Analytica) to the development of weaponized artificial intelligence, to their own moment of reckoning with the #MeToo movement, these same companies are under scrutiny. Leaders in high technology companies created their own sets of norms through private ordering. Their work was largely unfettered by regulators, with the exception of the Securities and Exchange Commission’s oversight …

Contracts Mattered As Much As Copyrights, Robert W. Gomulkiewicz

Articles

Scholars have begun to appreciate the fundamental role that contracts played in the development of copyrights. Contracts gave copyrights vitalilty. This article explores the network of book publishing contracts that formed the legal infrastructure for a pre-modern “internet” at the dawn of copyright law in Great Britain in the eighteenth century. Drawing on insights from archival research, the article shows how this network of copyright contracts advanced an important goal of copyright: the spread of ideas and information throughout all parts of society. Appreciating the historical significance of copyright contracts provides valuable context for modern debates about copyright policy. Indeed, …

Disrupting Adhesion Contracts With #Metoo Innovators, Xuan-Thao Nguyen

Articles

Adhesion contracts are everywhere. Take it or leave it, the dominant party holds the leverage while the weaker party adheres. Ninety percent of employment contracts contain mandatory arbitration clauses, and attempts to challenge arbitration requirements meet with judicial indifference or hostility. Ultimately, arbitration clauses eviscerate the employee's right to a jury trial and access to the court system in general. In recent years, employers in the tech sector have faced unexpected resistance from innovators. Just as innovators are known for disrupting old business models through technological innovations, #MeToo reformers are disrupting the seemingly insurmountable adhesion contract regime. They organize, protest, …

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

Privacy Law's Indeterminacy, Ryan Calo

Articles

American legal realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis—a key concept of American legal realism—and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself

Commuting To Mars: A Response To Professors Abraham And Rabin, Ryan Calo

Articles

The remarks that follow are less about the particular wisdom of manufacturer enterprise responsibility (MER) for driverless cars, and more about the limits of legal scholarship in grappling with unfolding technologic change. The contingency of technology and its social impacts caution against sweeping interventions. And the role of law and technology scholarship—as opposed to legal scholarship that touches upon technology—is arguably to recognize the unique challenges that arise at this intersection.

The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan

Articles

As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …

Professionally Responsible Artificial Intelligence, Michael Hatfield

Articles

As artificial intelligence (AI) developers produce more applications for professional use, how will we determine when the use is professionally responsible? One way to answer the question is to determine whether the AI augments the professional’s intelligence or whether it is used as a substitute for it. To augment the professional’s intelligence would be to make it greater, that is, to increase and improve the professional’s expertise. But a professional who substitutes artificial intelligence for his or her own puts both the professional role and the client at risk. The problem is developing guidance that encourages professionals to use AI …

Graphene Nanoflake Uptake Mediated By Scavenger Receptors, Fatima Alnasser, Valentina Castagnola, Luca Boselli, Margarita Esquivel-Gaon, Esen Efeoglu, Jennifer Mcintyre, Hugh Byrne, Kenneth A. Dawson

Articles

The biological interactions of graphene have been extensively investigated over the last 10 years. However, very little is known about graphene interactions with the cell surface and how the graphene internalization process is driven and mediated by specific recognition sites at the interface with the cell. In this work, we propose a methodology to investigate direct molecular correlations between the biomolecular corona of graphene and specific cell receptors, showing that key protein recognition motifs, presented on the nanomaterial surface, can engage selectively with specific cell receptors. We consider the case of apolipoprotein A-I, found to be very abundant in the …

Analysis Of Bodily Fluids Using Vibrational Spectroscopy: A Direct Comparison Of Raman Scattering And Infrared Absorption Techniques For The Case Of Glucose In Blood Serum, Drishya Prachalil, Clément Bruno, Franck Bonnier, Helen Blasco, Igor Chourpa, Matthew Baker, Jennifer Mcintyre, Hugh Byrne

Articles

Analysis of biomarkers present in the blood stream can potentially deliver crucial information on patient health and indicate the presence of numerous pathologies. The potential of vibrational spectroscopic analysis of human serum for diagnostic purposes has been widely investigated and, in recent times, infrared absorption spectroscopy, coupled with ultra-filtration and multivariate analysis techniques, has attracted increasing attention, both clinical and commercial. However, such methods commonly employ a drying step, which may hinder the clinical work flow and thus hamper their clinical deployment. As an alternative, this study explores the use of Raman spectroscopy, similarly coupled with ultra-filtration and multivariate analysis …

Regulating Bot Speech, Madeline Lamo, Ryan Calo

Articles

We live in a world of artificial speakers with real impact. So-called “bots” foment political strife, skew online discourse, and manipulate the marketplace. Concerns over bot speech have led prominent figures in the world of technology to call for regulations in response to the unique threats bots pose. Recently, legislators have begun to heed these calls, drafting laws that would require online bots to clearly indicate that they are not human.

This work is the first to consider how efforts to regulate bots might run afoul of the First Amendment. At first blush, requiring a bot to self-disclose raises little …

Woke Capital: The Role Of Corporations In Social Movements, Jennifer S. Fan

Articles

Iconic companies such as Apple, BlackRock, Delta, Google (now Alphabet), Lyft, Salesforce, and Starbucks, have recently taken very public stances on various social issues. In the past, corporations were largely silent in the face of them. Now the opposite is true—corporations play an increasingly visible role in social movements and there are times when corporations have led the discussion, particularly in areas where they have a self-interest or public opinion supports it. The enormous influence corporations wield on both the economic and social fabric of our society due to the legal framework and norms under which they operate make them …

Adaptive Heuristics That (Could) Fit: Information Search And Communication Patterns In An Online Forum Of Investors Under Market Uncertainty, Niccolo Casnici, Marco Castellani, Flaminio Squazzoni, Manuela Testa, Pierpaolo Dondio

Articles

This article examines information-search heuristics and communication patterns in an online forum of investors during a period of market uncertainty. Global connections, real-time communication, and technological sophistication have created an unpredictable market environment. As such, investors try to deal with semantic, strategic, and operational uncertainty by following heuristics that reduce information redundancy. In this study, we have tried to find traces of cognitive communication heuristics in a large-scale data set including 8 years of online posts (2004–2012) for a forum of Italian investors. We identified various market volatility conditions on a daily basis to understand the influence of market uncertainty …

Visceral Adipose Tissue Modulates Radiosensitivity In Oesophageal Adenocarcinoma, Ann Marie Mongan, Niamh Lynam-Lennon, Suzanne Doyle, Rory Casey, Eibhlin Carr, Aoife Cannon, Melissa J Conroy, Graham P Pidgeon, Lorraine Brennan, Joanne Lysaght, John V. Reynolds, Jacintha O’Sullivan

Articles

Oesophageal adenocarcinoma (OAC) is an exemplar model of obesity-associated cancer. Response to neoadjuvant chemoradiotherapy (NA CRT) is a clinical challenge. We examined if visceral adipose tissue and obesity status alter radiosensitivity in OAC. The radioresistant (OE33R) and radioresponsive (OE33P) OAC isogenic model was cultured with adipose tissue conditioned media from three patient cohorts: non-cancer patients, surgery only OAC patients and NA CRT OAC patients. Cell survival was characterised by clonogenic assay, metabolomic profiling by nuclear magnetic resonance spectroscopy and adipokine receptor gene expression by qPCR. A retrospective in vivo study compared tumour response to NA CRT in normal weight (n=53) …

Surface Modification Of Silver Nanoparticle (Agnp) By Liposomal Encapsulation Mitigates Agnp-Induced Inflammation, Azeez O. Yusef, Alan Casey

Articles

Silver nanoparticles (AgNP) are widely used in a variety of consumable products as antibacterial to prevent or treat infection. Unfortunately, evidence exits that AgNP induces inflammation which can worsen with repeated human exposure. However, there is little or no research on how to mitigate these adverse effects due to AgNP induced-toxicity. Here, we investigated if surface modification of AgNP by liposomal encapsulation suppresses AgNP-mediated inflammatory responses in THP1 monocytes and THP1 differentiated macrophages (TDM). AgNP was encapsulated in a dipalmitoyl phosphatidyl choline- (DPPC)/cholesterol-based liposome by extrusion through a 100-nm polycarbonate membrane to form Lipo-AgNP. It was found as expected that …

Synchrotron Macro Atr-Ftir Microspectroscopy For High Resolution Chemical Mapping Of Single Cells, Jitraporn Vongsvivut, David Perezguaita, Bayden Wood, Phil Heraud, Karina Khambatta, David Hartnell, Mark J. Hackett, Mark J. Tobin

Articles

Attenuated total reflection Fourier transform infrared (ATR-FTIR) spectroscopy has been used widely for probing the molecular properties of materials. Coupling a synchrotron infrared (IR) beam to an ATR element using a high numerical aperture (NA) microscope objective enhances the spatial resolution, relative to transmission or transflectance microspectroscopy, by a factor proportional to the refractive index (n) of the ATR element. This work presents the development of the synchrotron macro ATR-FTIR microspectroscopy at Australian Synchrotron Infrared Microspectroscopy (IRM) Beamline, and demonstrates that high quality FTIR chemical maps of single cells and tissues can be achieved at an enhanced spatial …

Risk Factors Associated With Myopia In Schoolchildren In Ireland, Síofra Harrington, Jim Stack, Veronica O'Dwyer

Articles

Aim To examine the demographic and social factors associated with myopia in schoolchildren in Ireland.

Methods Thirty-seven schools participated, representing a mix of urban and rural schools and schools in socioeconomically disadvantaged and non-disadvantaged areas in Ireland. Examination included cyclopleged autorefraction (1% cyclopentolate hydrochloride). Height and weight of participants were measured. Parents filled in a participant’s lifestyle questionnaire, including questions on daily screen time use and daylight exposure. Myopia was defined as spherical equivalent ≤−0.50 D.

Results Data from 1626 participants (881 boys, 745 girls) in two age groups, 6–7 years (728) and 12–13 years (898), were examined. Myopia prevalence …

Nitrogen-Vacancy Centers In Diamond For Nanoscale Magnetic Resonance Imaging Applications, Alberto Boretti, Lorenzo Rosa, Jonathan Blackledge, Stefania Castelletto

Articles

The nitrogen-vacancy (NV) center is a point defect in diamond with unique properties for use in ultra-sensitive, high-resolution magnetometry. One of the most interesting and challenging applications is nanoscale magnetic resonance imaging (nano-MRI). While many review papers have covered other NV centers in diamond applications, there is no survey targeting the specific development of nano-MRI devices based on NV centers in diamond. Several different nano-MRI methods based on NV centers have been proposed with the goal of improving the spatial and temporal resolution, but without any coordinated effort. After summarizing the main NV magnetic imaging methods, this review presents a …

Low Level Turbulence Detection For Airport, Derek Kearney, Anthony O'Connor

Articles

Low level wind shear and turbulence present a serious safety risk to aircraft during the approach, landing and take-off phases. Despite many advances in on-board and ground based warning systems. Wind shear remains a formidable force that coupled with a microburst can overpower any aircraft. Aviation reports have concluded that pilots need to have improved information in relation to tailwinds, wind shear and wind variations on approach and during the landing phases. Low level wind shear continues to cause disruption, delays and contribute to aircraft crashes. As recently as 2016, two Boeing aircraft crashed while attempting a Go-around manoeuver after …

Towards An Ontology For Soft Robots: What Is Soft?, Kevin Chubb, Damon Berry, Ted Burke

Articles

The advent of soft robotics represents a profound change in the forms robots will take in the future. However, this revolutionary change has already yielded such a diverse collection of robots that attempts at defining this group do not reflect many existing ‘soft’ robots. This paper aims to address this issue by scrutinising a number of descriptions of soft robots arising from a literature review with the intention of determining a coherent meaning for soft. We also present a classification of existing soft robots to initiate the development of a soft robotic ontology. Finally, discrepancies in prescribed ranges of Young’s …

Qoe Enhancement In Next Generation Wireless Ecosystems: A Machine Learning Approach, Eva Ibarrola, Mark Davis, Camille Voisin, Ciara Close, Leire Cristobo

Articles

Next-generation wireless ecosystems are expected to comprise heterogeneous technologies and diverse deployment scenarios. Ensuring quality of service (QoS) will be one of the major challenges on account of a variety of factors that are beyond the control of network and service providers in these environments. In this context, ITU-T is working on defining new Recommendations related to QoS and users' quality of experience (QoE) for the 5G era. Considering the new ITU-T QoS framework, we propose a methodology to develop a global QoS management model for next generation wireless ecosystems taking advantage of big data and machine learning (ML). The …

Influence Of The Local Field And Dipole-Dipole Interactions On The Spectral Characteristics Of Simple Metals And Their Nanoparticles, I. I. Shaganov, Kevin Berwick, T. S. Perova

Articles

The effect of dipole-dipole interactions of free electrons on the spectral characteristics of simple metals and their nanoparticles is analyzed using Drude theory and the model of the Lorentz local field. It is established that accounting for the dispersion of a local field under conditions of one-dimensional (1D) confinement based on the optical constants of the bulk metal allows the determination of its spectral micro-characteristics in the frequency region of the longitudinal collective motions of the free electrons. This corresponds to the spectra of the dielectric losses of bulk plasma oscillations. A similar procedure for three-dimensional (3D) confinement produces the …

A Web-Based Dietary Intervention In Early Pregnancy And Neonatal Outcomes: A Randomized Controlled Trial, Rachel Ak Kennedy, C.M.E. Reynolds, Shona Cawley, E. O'Malley, D.M. Mccartney, M.J. Turner

Articles

Background Maternal nutrition is a determinant of pregnancy outcomes. Few studies have evaluated the potential of online nutrition resources to modify behaviour. This randomized controlled trial aimed to determine whether access to a customized evidence-based nutrition website in pregnancy improved neonatal outcomes.

Methods Women < 18 weeks gestation were recruited at their convenience. The control group received standard care. In addition to standard care, the intervention group received access to an evidence-based nutrition website, customized to the preferences of pregnant women.

Results Of the 250 women, there were no differences in characteristics between the two groups. Of the women, 91.0% reported they make a conscious effort currently to eat a healthy diet. However, only 19.6% met dietary requirements for calcium, 13.2% for iron, 2.7% for folate and 2.3% for iodine. The most popular website section was pregnancy …

Comparing Alternative Breast Milk Feeding Questions To U.S. Breastfeeding Surveillance Questions, Elizabeth O'Sullivan, Sheela R. Geraghty, Patricia Cassano, Kathleen M. Rasmussen

Articles

Background: Most mothers in the United States express their milk, which is then bottle fed to their infants. The National Immunization Survey (NIS), used to report national breastfeeding prevalence, asks about infant breast milk consumption, regardless of whether it is consumed at the mother's breast or from a bottle. The NIS data are often erroneously interpreted, however, to mean prevalence of at-the-breast feeding. We hypothesized that over half of infants classified as breastfed at 3, 6, and 12 months by the NIS questions would also be consuming expressed breast milk.

Materials and Methods: A convenience sample of 456 …

Efficacy Of Cold Plasma For Direct Deposition Of Antibiotics As A Novel Approach For Localized Delivery And Retention Of Effect, Agatha Los, Dana Ziuzina, Daniela Boehm, Lu Han, Denis O'Sullivan, Liam O'Neill, Paula Bourke

Articles

Antimicrobial coating of medical devices has emerged as a potentially effective tool to prevent or ameliorate device-related infections. In this study the plasma deposition process for direct deposition of pharmaceutical drugs on to a range of surfaces and the retention of structure function relationship and antimicrobial efficacy against mono-species biofilms were investigated. Two selected sample antibiotics—ampicillin and gentamicin, were deposited onto two types of surfaces—polystyrene microtiter plates and stainless steel coupons. The antimicrobial efficacy of the antibiotic-coated surfaces was tested against challenge populations of both planktonic and sessile Escherichia coli and Pseudomonas aeruginosa, with responses monitored for up to …