Digital Commons Network^™

U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle

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Free Speech, Higher Education, And The Pc Narrative, Heidi Kitrosser

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Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

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Free Speech And National Security Bootstraps, Heidi Kitrosser

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Future-Proofing Energy Transport Law, Alexandra Klass

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The Human Rights Of Non-Citizens: Constitutionalized Treaty Law In Ecuador, Steve Meili

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Life Cycle Analysis And Transportation Energy, Alexandra Klass, Andrew Heiring

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My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

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Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass

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Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire Hill

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Deferring To The Rule Of Law: A Comparative Look At United States Deference Doctrines, Nicholas Bednar, Barbara Marchevsky

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Artificial Intelligence Policy: A Primer And Roadmap, Ryan Calo

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Talk of artificial intelligence is everywhere. People marvel at the capacity of machines to translate any language and master any game. Others condemn the use of secret algorithms to sentence criminal defendants or recoil at the prospect of machines gunning for blue, pink, and white-collar jobs. Some worry aloud that artificial intelligence will be humankind’s “final invention.” This essay, prepared in connection with UC Davis Law Review's 50th anniversary symposium, explains why AI is suddenly on everyone's mind and provides a roadmap to the major policy questions AI raises. The essay is designed to help policymakers, investors, technologists, scholars, and …

Is There A Right To Be Free From Corruption?, Anita Ramasastry

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Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …

Beyond A Zero-Sum Federal Trust Responsibility: Lessons From Federal Indian Energy Policy, Monte Mills

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The federal government’s trust relationship with federally recognized Indian tribes is a product of the last two centuries of Federal Indian Law and federal-tribal relations. For approximately the last 50 years, the federal government has sought to promote tribal self-determination as a means to carry out its trust responsibilities to Indian tribes; but the shadows of prior federal policies, based largely on notions of tribal incompetence and federal paternalism, remain. Perhaps no other policy arena better demonstrates the history, evolution, and promise for reform of the federal trust relationship than Federal Indian energy policy, or the range of federal statutes …

Postpartum Taxation And The Squeezed Out Mom, Shannon Weeks Mccormack

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Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the “opt-out” mom, many more mothers are squeezed out of the external workplace. But mothers that try to return to work may discover that it is difficult to do so, as employers have been shown to be less likely to hire mothers than others. A mother that does reenter may find that even short periods out of work cost (sometimes far) …

The Worst System Of Citation Except For All The Others, David J.S. Ziff

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Now in its twentieth edition, The Bluebook continues to cast its shadow over the legal profession just as it has for almost 100 years, helping legal writers format their references to authorities in briefs, memoranda, opinions, and law review articles. Previous critiques have offered various theories for why, despite its problems, The Bluebook remains the standard for legal citation. Ivy League elitism, the first-mover advantage, and lawyers’ conservative preference for the status quo have all been offered to explain the seemingly inexplicable: If this system is so terrible, then why are we still stuck with it?

One potential answer to …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

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Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

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To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

Frontiers Of Sex Discrimination Law, Jessica Clarke

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A short time ago, the argument that sex discrimination includes discrimination on the basis of sexual orientation was considered a risky litigation tactic with little hope of success. One reason was the fear that extending sex discrimination law so far would upset all sex classifications, even those on restroom doors. But the landscape has shifted. The EEOC now takes the position that sex discrimination includes all forms of discrimination based on sexual orientation and gender identity. Administrative agencies interpret federal law to require that workers and students be allowed to use restrooms consistent with their gender identities. Some federal courts …

The Death Of The Firm, June Carbone, Nancy Levit

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This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell

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This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful …

Coverage Information In Insurance Law, Daniel Schwarcz

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The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial …

A Content Analysis Of 3d Printing Policies At Academic Libraries, Jennifer J. Horton

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Many academic libraries are adopting 3D printing programs and researching, writing, and implementing policies for these programs. This article analyzes the content of 50 academic library 3D printing policies looking for commonalities. Five major themes emerged from the analysis: the policy's purpose, potential users of the 3D printers, 3D printing procedures, the acceptable uses of the 3D printers, and user privacy considerations. This article provides a breakdown of these five major themes.

Where Policy And Practice Collide: Comparing Us,South African And European Union Approaches Toprotecting Children Online, Monica Bulger, Patrick Burton, Brian O'Neill, Elisabeth Staksrud

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That children have a right to protection when they go online is an internationally well-established principle, upheld in laws that seek to safeguard children from online abuse and exploitation. However, children’s own transgressive behaviour can test the boundaries of this protection regime, creating new dilemmas for lawmakers the world over. This article examines the policy response from both the Global North and South to young people’s online behaviour that may challenge adult conceptions of what is acceptable, within existing legal and policy frameworks. It asks whether the ‘childhood innocence’ implied in much protection discourse is a helpful basis for promoting …

Dialectric Materials With Memory 1: Minimum And General Free Energies., Scott Glascow, John Murrough Golden

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A general tensor isothermal theory of free energies and free enthalpies for dielectrics is presented, corresponding to linear constitutive relations with memory. Starting from the general equations of continuum thermodynamics, various properties of and constraints on free energy/enthalpy functionals in dielectric media are noted. It is well-known that free enthalpies are particularly convenient in that their properties are closely analogous with those of free energies in mechanics, though different in crucial ways. General constitutive equations with memory are determined from a given free enthalpy. The form of the relaxation function, which occurs in these constitutive equations, is discussed from a …

Conference Review ‘’The Astronomy In Skyscapes - Archaeoastronomy Beyond Alignments’’. Full Day Session At The National Astronomy Meeting, University Of Nottingham (United Kingdom), 27th June–1st July, 2016, Frank Prendergast

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The National Astronomy Meeting (NAM) of the Royal Astronomical Society (RAS) was held at the University of Nottingham Jubilee Campus on 27th June–1st July, 2016. This event is the primary annual scientific conference for astronomers and space scientists drawn mainly from the UK and Ireland. It is sponsored and coordinated by RAS. NAM 2016 had eight plenary talks spanning topics from planets to cosmology. Additionally, there were 60 parallel sessions broadly split into five themes, one of which was archaeoastronomy. This was the third successive NAM conference to feature a parallel session on archaeoastronomy, and was organised and chaired by …

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu

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This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

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I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

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This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia S. Abril, Nicholas Greene

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Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet's ability to broadcast widely and permanently, has put everyone's off-duty speech, conduct, and reputation under the microscope. Media reports detailing people's digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates-and are increasingly binding them to morality …