Digital Commons Network^™

#Betterrules: The Appropriate Use Of Social Media In Rulemaking, Stephen M. Johnson

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In December 2015, the Government Accountability Office (GAO) concluded that the Environmental Protection Agency’s (EPA’s) use of various social media tools in a rulemaking under the Clean Water Act violated prohibitions in federal appropriations laws against publicity, propaganda, and lobbying. Although academics previously explored whether the use of technology in rulemaking might violate the Administrative Procedures Act (APA), the Paperwork Reduction Act, or the Federal Advisory Committee Act, none predicted that one of the first firestorms surrounding the use of social media in rulemaking would arise out of federal appropriations laws. ...

As the Administrative Conference of the United States …

An Investigation Into The Development And Progressive Adaptation Of Graduate Attributes In Tourism Programmes, Louise Bellew, Odette Gabaudan

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As higher education institutes are embracing the notion of graduate attributes, it has become highly desirable to embed these attributes within programmes. This study proposes to investigate students’ views of recently identified graduate attributes in the Dublin Institute of Technology (Ireland), and how they perceive their development and application in their tourism programme. The study supports the idea of the importance of placement in the progressive adaptation of learning and in translating the conception of attributes. While students strongly believe that graduate attributes are developed through the placement experience, it is equally important to embed and strengthen the visibility of …

Arts And Humanities Research, Redefining Public Benefit, And Research Prioritization In Ireland, Andrew Gibson, Ellen Hazelkorn

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This article looks at the effects of a national policy of research prioritization in the years following Ireland’s economic crisis. A national research prioritization exercise initiated by policymakers redefined the purpose of higher education research, and designed policies in line with this approach. Placing research for enterprise to the fore, it emphasized the economic value that subjects could return on state investments. This article examines the post-crisis policy of prioritization, its relationship with and effects on arts and humanities research, and how the notion of the benefit of research can be broadened while still addressing economic needs. It draws on …

Public Employee Speech: Answering The Unanswered And Related Questions In Lane V. Franks, John E. Rumel

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No abstract provided.

Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel

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No abstract provided.

Civil Asset Forfeiture Abuses: Can State Legislation Solve The Problem?, David Pimentel

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No abstract provided.

Circumcision: Immigration, Religion, History, And Constitutional Identity In Germany And The U.S., David Abraham

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A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that "Jewish and Muslim religious life be viable in Germany," and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years …

Hamiltonian Model For Coupled Surface And Internal Waves In The Presence Of Currents, Rossen Ivanov

Articles

We examine a two dimensional fluid system consisting of a lower medium bounded underneath by a flatbed and an upper medium with a free surface. The two media are separated by a free common interface. The gravity driven surface and internal water waves (at the common interface between the media) in the presence of a depth-dependent current are studied under certain physical assumptions. Both media are considered incompressible and with prescribed vorticities. Using the Hamiltonian approach the Hamiltonian of the system is constructed in terms of ’wave’ variables and the equations of motion are calculated. The resultant equations of motion …

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda D. Jellum, Moses M. Tincher

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Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC’s enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, litigants contended that the SEC realized a significant home-court advantage. For example, the Wall Street Journal …

Supreme Court Supremacy In A Time Of Turmoil, Richard Henry Seamon

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Last term's decision in James v. City of Boise encapsulates the current civil rights turmoil and the legal system's inadequate response to it. In James, the U.S. Supreme Court reversed a decision in which the Idaho Supreme Court (1) awarded attorney's fees against a civil rights plaintiff despite her credible claim of excessive police force and (2) denied that it was bound by U.S. Supreme Court decisions interpreting the federal statute authorizing the award. Although the Court in James reaffirmed the state courts' well-settled duty to obey the Court's decisions on federal law, this article shows that the duty rests …

Sharing Economy Meets The Sherman Act: Is Uber A Firm, A Cartel, Or Something In Between?, Mark Anderson

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The sharing economy is a new industrial structure that is made possible by instantaneous internet communication and changes in the life, work, and purchasing habits of individual entrepreneurs and consumers. Antitrust law is an economic regulatory scheme dating back to 1890 in the United States that is designed to address centrally controlled concentrations of economic power and the threats that those concentrations pose to consumer interests and economic efficiency. In order to accommodate a modern enterprise structure in which thousands or millions of independent contractors join forces to provide a service by agreement among themselves, antitrust law requires re-envisioning and …

Walking Code, Conor Mcgarrigle

Articles

This paper describes an early stage research project that seeks to apply Situationist concepts of psychogeography to urban walking as artistic and activist practice. The project seeks to ultimately create a syntax that can be used to describe and codify the subjective spatial practice of walking in the city. This process is a conceptual and discursive exercise to generate new knowledge about urban space as embodied data space that seeks to create a practical open framework that can be deployed to algorithmically generate walking experiences tailored toward specific desires and activities.

This will be achieved through the development of algorithmic …

Harmonizing Cultural Ip Across Borders: Fashionable Bags & Ghanaian Adinkra Symbols, J. Janewa Osei-Tutu

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Global copyright and trademark laws protect symbols, names, and literary and artistic works. However, when their primary significance is cultural, because they are neither individual original works nor symbols that are used as commercial identifiers, intellectual property laws do not protect these symbols or artistic works. This is true, even if these goods are protected under national laws as part of that nation's cultural heritage. Once these cultural goods cross borders, there is no international law that will enable the country from which these goods originate to assert its rights in other countries. This Article characterizes these cultural goods as …

An Analysis Of Academic Library 3d Printing Libguides, Jennifer J. Horton

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3D Printing is increasingly becoming a popular service provided by academic libraries throughout the United States. Many patrons have little or no awareness of this subject matter, so library staff have created LibGuides to promote resources. One hundred LibGuides from academic libraries were analyzed to find which types of resources and which specific titles are being promoted surrounding the subject of 3D printing. Three types of resources emerged in this study: 3D printing and 3D modeling software titles, 3D model repositories, and books related to 3D printing. This article lists and analyzes 3D printing resources.

Liberal Internationalism And The Populist Backlash, Eric A. Posner

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No abstract provided.

How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor

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No abstract provided.

When It Comes To Business, The Right And Left Sides Of The Court Agree, Lee Epstein, William M. Landes, Richard A. Posner

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No abstract provided.

Bayh-Dole Beyond Borders, Daniel Hemel, Lisa Larrimore Ouellette

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No abstract provided.

Retroactive Taxation, Unfunded Pensions, And Shadow Bankruptcies, Julie Roin

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No abstract provided.

Mending Broken Promises In Sustainable Design, Alex Lobos

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Sustainable Product Design is effectively combining solutions that address environmental issues while elevating user experience and achieving success in the marketplace. A closer look at the effectiveness of sustainability strategies in the design process reveals that some of the best efforts in this area do not yield the benefits promised. Examples of these shortcomings include product operation with unnecessary features that push performance beyond environmentally friendly levels, products made out of recyclable materials that still end up in landfills and consumers that do not connect sustainable lifestyles to the products they use.

An effective model for consistent benefits in sustainable …

Examining The Role Of Store Design On Consumers’ Cross-Sectional Perceptions Of Retail Brand Loyalty, John Murray Dr., Jonathan Elms, Christoph Teller

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This paper compares new and established store design prototypes of the same retailer to examine the role of consumers’ cross-sectional perceptions of retail brand loyalty. In-store surveys were administered to capture consumers’ store-level perceptions towards a new store prototype and an older established prototype of the same fast fashion retailer. The data was subjected to multi-group analyzes with structural equations modeling. The findings suggest that store novelty and complexity promote both store design pleasure and retail brand loyalty outcomes. The different store designs do not, however, account for differences in brand loyalty perceptions at the overall retailer level when multi-group …

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

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No abstract provided.

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

Articles

Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …

Democratic Surveillance, Mary Anne Franks

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No abstract provided.

Essay: Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

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When you hear the word "terrorist" who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that "terrorists are always (brown) Muslims." The second is that "white people are never terrorists.

Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin

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The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.

When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

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No abstract provided.

Heterosexuality As A Factor In The Long History Of Women's Sports, Mary Anne Case

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No abstract provided.

The Misconceived Modern Attack On Right To Work Laws, Richard A. Epstein

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No abstract provided.

The Shadow Of Executive Privilege, Heidi Kitrosser

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No abstract provided.