Digital Commons Network^™

From Anonymity To Identification, A. Michael Froomkin

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This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …

Clean Energy Federalism, Felix Mormann

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Legal scholarship tends to approach the law and policy of clean energy from an environmental law perspective. As hydraulic fracturing, renewable energy integration, nuclear reactor (re)licensing, transport biofuel mandates, and other energy issues have pushed to the forefront of the environmental law debate, clean energy law has begun to emancipate itself. The emerging literature on clean energy federalism is a symptom of this emancipation. This Article adds to that literature by offering two case studies, a novel model for policy integration, and theoretical insights to elucidate the relationship between environmental federalism and clean energy federalism.

Renewable portfolio standards and feed-in …

The Case For Categorical Nonenforcement, Leigh Osofsky

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No abstract provided.

Representing Interdisciplinarity, Kunal Parker

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No abstract provided.

Buying Teams, Andres Sawicki

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No abstract provided.

A Response To The Ipcc Fifth Assessment, Jessica Owley, Sarah J. Adams-Schoen, Deepa Badrinarayana,, Cinnamon Carlarne, Robin Kundis Craig, John C. Dernbach, Keith H. Hirokawa, Alexandra B. Klass, Katrina Fischer Kuh, Stephen R. Miller, Shannon Roesler, Jonathan Rosenbloom, Inara Scott, David Takacs

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No abstract provided.

A "Faustian Pact"? Native Advertising And The Future Of The Press, Lili Levi

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As technology undermines the economic model supporting the traditional press, news organizations are succumbing to the siren call of "native advertising" – a new marketing technique for unobtrusively integrating paid advertising into editorial content. Brands are increasingly turning to native ads to preempt consumers' well-documented ad avoidance. Although the native advertising model debuted on digital-native news sites, it is now ubiquitous in elite legacy media as well. Everyone knew "native" had arrived for good when the venerable New York Times not only introduced its online "Paid Post," but incorporated sponsored content in its print editions, and even hired an in-house …

Taming The "Feral Beast": Cautionary Lessons From British Press Reform, Lili Levi

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No abstract provided.

Labor Activism In Bankruptcy, Andrew B. Dawson

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This article analyzes the role of labor unions in corporate reorganizations and argues that labor union participation can improve corporate governance in the bankruptcy context. Generally, when a unionized corporation seeks to reorganize in bankruptcy, it does so with an eye towards obtaining concessions from its labor unions. The Bankruptcy Code permits corporate debtors to reject their collective bargaining agreements and to impose reduced wages and benefits, thus placing labor unions in a position of bargaining over concessions in bankruptcy. Such concession bargaining is vitally important to the labor union and to the debtor's reorganization efforts; however, the focus on …

Investment Arbitration In East Asia And The Pacific A Statistical Analysis Of Bilateral Investment Treaties, Other International Investment Agreements And Investment Arbitrations In The Region, Sandra Friedrich, Claudia T. Salomon

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Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to foreign investors, but also reflects a shift of several developing EAP countries from having been predominantly recipients of foreign investment in the past, toward becoming important sources of foreign investment abroad. Reflecting trade and investment patterns, as of December 2014, EAP countries concluded a total of at least 712 BITs and 69 other IlAs. On the heels of this development, the …

Disclosing Disclosure's Defects: Addressing Corporate Irresponsibility For Human Rights Impacts, Marcia Narine

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Although many people believe that the role of business is to maximize shareholder value, corporate executives and board members can no longer ignore their companies' human rights impacts on other stakeholders. Over the past four years, the role and responsibility of non-state actors such as multinationals has come under increased scrutiny. In 2011, the United Nations Human Rights Council unanimously endorsed the "UN Guiding Principles on Business and Human Rights," which outline the State duty to protect human rights, the corporate responsibility to respect human rights, and both the State and corporations' duties to provide remedies to parties. The Guiding …

Antitrust In Zero-Price Markets: Foundations, John M. Newman

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"Zero-price markets," wherein firms set the price of their goods or services at so, have exploded in quantity and variety. Creative content, software, search functions, social media platforms, mobile applications, travel booking, navigation and mapping systems, and myriad other goods and services are now widely distributed at zero prices. But despite the exponential increase in the volume of zero-price products being consumed, antitrust institutions and analysts have failed to provide an adequate response to markets without prices.

Modern antitrust law is firmly grounded in neoclassical economics, which is in turn centered on price theory. Steeped in price theory, preeminent antitrust …

Inverse Relationship Between Physical Activity, Adiposity And Arterial Stiffness In Healthy Middle-Aged Subjects, Oscar Mac Ananey, B Mc Loughlin, A Leonard, L Maher, P Gaffney, G Boran, V Maher

Articles

BACKGROUND:

Several obesity related factors are reported to exacerbate premature arterial stiffening, including inactivity and metabolic disarray. The aim of the present study was to investigate the relationship between physical activity, arterial stiffness and adiposity using objective methods. To further explore the role of adiposity in this complex process, obesity associated anthropometric and humoral biomarkers were measured.

METHODS:

Seventy-nine healthy, lifelong non-smoking, subjects were recruited. Habitual physical activity was measured using accelerometry. Arterial stiffness (augmentation index; AIx & pulse wave velocity; PWV), was measured using tonometry. Body composition was estimated using bioimpedence. Adipose associated biomarkers, leptin and adiponectin, were also …

Breast-Feeding And Postpartum Maternal Weight Trajectories, Laura Mullaney, Amy O'Higgins, Shona Cawley, Rachel Kennedy, Daniel Mccartney, Michael J. Turner

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We examined whether breast-feeding, and in particular exclusive breast-feeding, was associated with maternal weight and body composition changes at 4 months postpartum independently of other maternal variables.

Developing A New Urban Quarter At Grangegorman, Dublin: The Role Of Planning In Its Successful Delivery, Terry Prendergast

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This paper discussed the role of urban planning in achieving successful urban regeneration. It focuses on a specific regeneration project in Dublin’s inner city, the Grangegorman development, which relocates, on a phased basis, the Technological University Dublin’s c.40 buildings on dispersed sites within Dublin City to a single 29 hectare site. The development also provides health facilities for the Health Service Executive, in addition to community and recreational uses and commercial development. Urban planning has played a critical role in the delivery of the project and in securing Government support and funding. This paper describes the importance of project vision, …

Diffractive Optical Elements With A Large Angle Of Operation Recorded In Acrylamide Based Photopolymer On Flexible Substrates, Hoda Akbari, Izabela Naydenova, Lina Persechini, Sean Garner, Pat Cimo, Suzanne Martin

Articles

A holographic device characterised by a large angular range of operation is under development. The aim of this study is to increase the angular working range of the diffractive lens by stacking three layers of high efficiency optical elements on top of each other so that light is collected (and focussed) from a broader range of angles. The angular range of each individual lens element is important, and work has already been done in an acrylamide-based photosensitive polymer to broaden the angular range of individual elements using holographic recording at a low spatial frequency.This paper reports new results on the …

The Limits Of Enumeration, Richard A. Primus

Articles

According to a well-known principle of constitutional interpretation here identified as the “internal-limits canon,” the powers of Congress must always be construed as authorizing less legislation than a general police power would. This Article argues that the internallimits canon is unsound. Whether the powers of Congress would in practice authorize any legislation that a police power would authorize is a matter of contingency: it depends on the relationship between the powers and the social world at a given time. There is no reason why, at a given time, the powers cannot turn out to authorize any legislation that a police …

Market Power Without Market Definition, Daniel A. Crane

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Antitrust law has traditionally required proof of market power in most cases and has analyzed market power through a market definition/market share lens. In recent years, this indirect or structural approach to proving market power has come under attack as misguided in practice and intellectually incoherent. If market definition collapses in the courts and antitrust agencies, as it seems poised to do, this will rupture antitrust analysis and create urgent pressures for an alternative approach to proving market power through direct evidence. None of the leading theoretic approaches—such as the Lerner Index or a search for supracompetitive profits—provides a robust …

Competitive Evaluation Of Data Mining Algorithms For Use In Cassification Of Leukocyte Subtypes With Raman Microspectroscopy, Adrian Maguire, I. Vega-Carrascal, Jane Bryant, Lisa White, Orla Howe, Fiona Lyng, Aidan Meade

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Raman microspectroscopy has been investigated for some time for use in label-free cell sorting devices. These approaches require coupling of the Raman spectrometer to complex data mining algorithms for identification of cellular subtypes such as the leukocyte subpopulations of lymphocytes and monocytes. In this study, three distinct multivariate classification approaches, (PCA-LDA, SVMs and Random Forests) are developed and tested on their ability to classify the cellular subtype in extracted peripheral blood mononuclear cells (T-cell lymphocytes from myeloid cells), and are evaluated in terms of their respective classification performance. A strategy for optimisation of each of the classification algorithm is presented …

Guarding The Subjective Premium: Condemnation Risk Discounts In The Housing Market, Sebastien Gay, Nadia Nasser-Ghodsi

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No abstract provided.

Reputation And The Responsibility Of International Organizations, Kristina Daugirdas

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The International Law Commission’s Draft Articles on the Responsibility of International Organizations have met a sceptical response from many states, international organizations (IOs), and academics. This article explains why those Articles can nevertheless have significant practical effect. In the course of doing so, this article fills a crucial gap in the IO literature, and provides a theoretical account of why IOs comply with international law. The IO Responsibility Articles may spur IOs and their member states to prevent violations and to address violations promptly if they do occur. The key mechanism for realizing these effects is transnational discourse among both …

Can The Use Of Online Learning And Reflective Journals Improve Students’ Performance And Engage Them In Independent Learning For A Practically Taught “Timber Jointing Module, Jennifer Byrne

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The Technological University Dublin is one of the largest multi-level higher education providers in Ireland. The Institute’s traditional mission has always been focused on teaching and learning in the field of advanced technical vocational education and training (TVET), and one of its agendas is to foster and encourage changes in teaching practice and methodology in order to enhance the student learning experience.

This research concerned the performance levels of first year students of the Timber Product Technology (TPT) programme. I wanted to investigate whether the use of independent online learning and reflective journals would encourage these students to continue their …

Case Study Two: Jewish Time Jump: New York, Owen Gottlieb

Articles

Gottlieb presents an early case study of his mobile augmented reality game Jewish Time Jump: New York design on the ARIS platform for the iPhone and iPad (iOS). The game is set on-location in Washington Square Park in New York city. Players in 5th-7th grade take on the role of time-traveling reporters, landing on site on the eve of the Uprising of 20,000, the largest women-led strike in U.S. History. Based on their GPS location they receive media from over 100 years in the past, interactive with digital characters as they work to gather a story for the fictional Jewish …

Coeur D'Alene Tribe's Claims In The Coeur D'Alene-Spokane River Basin Adjudication, Dylan R. Hedden-Nicely

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No abstract provided.

The Nudging Ballot? A Response To Professor Foley, Lisa Marshall Manheim

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In a response to Professor Edward Foley's The Speaking Ballot: A New Way to Foster Equality of Campaign Discourse [89 N.Y.U. L. Rev. Online 52 (2014)], Professor Manheim notes that "the speaking ballot may, in fact, affect elections, that influence may be due less to a flourishing of informed and reasoned debate and more to the exploitation of subtle forms of voter manipulation." She raises questions about the decisions faced by election officials on candidate photographs and videos and timing of updated videos. She concludes: "In short, Professor Foley, through his call for the facilitation, rather than the limitation, of …

Peer Teaching In The Food Chemistry Laboratory: Student-Produced Experiments, Peer And Audio Feedback And Integration Of Employability, Julie Dunne

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This paper describes the author’s experience over the last several years of implementing an alternative Food Chemistry laboratory practical for a group of third-year BSc Nutraceuticals students. The initial main objectives were to prepare students for the more independent final-year research project; to incorporate innovative approaches to feedback; and to integrate key employability skills into the curriculum. These were achieved through building the skills required to ultimately allow students working in groups to research, design and run a laboratory for their class. The first year of the project involved innovative approaches to feedback, including weekly feedback sessions, report checklists and …

Offices Of Goodness: Influence Without Authority In Federal Agencies, Margo Schlanger

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Inducing governmental organizations to do the right thing is the central problem of public administration. Especially sharp challenges arise when “the right thing” means executing not only a primary mission but also constraints on that mission (what Philip Selznick aptly labeled “precarious values”). In a classic example, we want police to prevent and respond to crime and maintain public order, but to do so without infringing anyone’s civil rights. In the federal government, if Congress or another principal wants an executive agency to pay attention not only to its mission, but also to some other constraining or even conflicting value—I …

Reverse Cross-Listings - The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya Khanna

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Studies have found that when a U.S. issuer lists abroad on a foreign exchange, its shares exhibit negative abnormal returns. This negative movement may be because the market expects that the foreign listing will facilitate undetectable insider trading on the foreign exchange or other conduct impermissible in the United States.

Nurturing Play-Makers & Active Investigative Agents: Schwartz Tag, Good Video Games And Futures Of Jewish Learning, Owen Gottlieb

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How can an experiential approach to education, in combination with a games-based orientation, help us reach often-elusive educational goals? In many ways the study of games and game design bring us back to tenets of education that we have long known, including the benefits of self-directed learning and project-based work. Games-based design and learning may provide a way to shift the discussion from “What should an educated Jew know?” to “How does a learner develop a taste for Jewish learning and living?”

The Trials Of Clinical Education, Jonathan H. Oberman, Ekow N. Yankah

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The article discusses the role of clinical education in law schools, emphasizing its value in bridging the gap between theoretical learning and practical experience. It highlights the challenges faced by students in clinical settings, such as the disparity between the meticulous preparation in classrooms and the often abrupt realities of courtroom decisions. The authors argue that while clinical education provides invaluable practical skills, it also risks disillusioning students when real-world outcomes contradict academic expectations. They advocate for a balanced approach that integrates both theoretical and practical training to prepare effective lawyers.