Digital Commons Network^™

The Weakness Of Neighborhood Revitalization Planning In The Low-Income Housing Tax Credit Program: Warnings From Connecticut, Noah Kazis, Katherine M. O'Regan

Articles

The Low-Income Housing Tax Credit (LIHTC) is the nation's largest program to produce and preserve subsidized housing. To ensure that LIHTC avoids harmfully concentrating poverty, entrenching segregation, or inefficiently deploying resources, federal law requires that states prioritize allocating credits to projects located in high-poverty locations that contribute to a "concerted community revitalization plan" (CCRP). In high-poverty neighborhoods, tax credit developments are meant to facilitate broader neighborhood revitalization, not only to benefit the residents of the housing itself. This paper provides new, empirical support for long-standing concerns that the CCRP process is ineffectively enforced.

Looking at each application for competitive tax …

Exit Engineering, Rachel Landy

Articles

How do business lawyers create value? For nearly forty years, scholars have conceptualized the business lawyer as a “transaction cost engineer” who helps contracting parties efficiently break negotiation stalemates to create more valuable deals. This theory provides meaningful insights about sophisticated corporate law practice, where outside lawyers parachute in to make one-off deals happen. However, it fails to explain the behavior of startup lawyers, who develop long-term relationships with their clients and counsel them on seemingly routine matters, well before a major transaction materializes. These lawyers are not just transaction cost engineers, they are exit engineers. This Article offers a …

The Right To Access Information On Land Recovery, Compensation, Assistance, And Resettlement: Case Study, City Of Can Tho, Vietnam, Hien Trung Phan, Hugh D. Spitzer

Articles

Land recovery in Vietnam is the process of compulsory transfer of land use rights from the hands of land users to the hands of the State by way of local government agencies. Land recovery frequently raises issues of compensation, assistance, and resettlement. It is vital for affected land users and the general public to have access to reports on land recovery, compensation, and resettlement. The article describes a limited survey of Vietnamese people whose land was subject to government recovery and evaluates their access to and understanding of information at each stage of the land recovery process. The study revealed …

Silencing Litigation Through Bankruptcy, Pamela Foohey, Christopher K. Odinet

Articles

Bankruptcy is being used as a tool for silencing survivors and their families. When faced with claims from multiple plaintiffs related to the same wrongful conduct that can financially or operationally crush the defendant over the long term—a phenomenon we identify as onslaught litigation—defendants harness bankruptcy’s reorganization process to draw together those who allege harm and pressure them into a swift, universal settlement. In doing so, they use the bankruptcy system to deprive survivors of their voice and the public of the truth. This Article identifies this phenomenon and argues that it is time to rein in this destructive use …

Perspectives On Practice: Building A Better Environment For All – An Interview With Jane Daly And Siobhán Bourke, Tanya Dean

Articles

In this Perspectives on Practice interview, Tanya Dean speaks to SiobhánBourke and Jane Daly about their work with Irish Theatre Institute in supporting Irish theatre and fostering positive change in the industry. The discussion explores how the purpose of Irish Theatre Institute has evolved, and how it has adapted to and reflected the changes and challenges facing Irish theatre over the decades

Analysing Child Sexual Abuse Activities In The Dark Web Based On An Efficient Csam Detection Algorithm, Vuong Ngo, Christina Thorpe, Susan Mckeever

Articles

Abstract: Child sexual abuse material (CSAM) activities are prevalent on the Dark Web to evade detection, posing a global challenge for law enforcement. Our objective is to analyze CSAM discussions in this concealed space using a Support Vector Machine model, achieving an accuracy of 87.6%. Across eight forums, approximately 28.4% of posts contained CSAM, with victim ages most commonly reported as 12, 14, 13, and 11 years old for YouTube, Skype, Instagram, and Facebook, respectively. Additionally, in forums discussing boys, the most frequently mentioned nationalities in CSAM posts were English, German, and American, accounting for 12%, 7.8%, and 6% of …

Viability Of The ‘Democratic Liberalism’ Project, Prerna Dhoop

Articles

Book Review: From Free to Fair Markets: Liberalism after COVID -19 by Rosalind Dixon and Richard Holden (Oxford University Press, 2022); pp 240, 24 GBP.

(Un)Orthodox Jewish Women In Latin American Visual Representation, Mirna Vohnsen, Daniela Goldfine

Articles

The 2000s was a breaking point for female Jewish representation in Latin American cinema. Previously represented in stereotypical roles, Jewish women morphed into more rounded characters in the first decade of the 21st century, showing that they had become part and parcel of the social fabric in Latin America. Films such as the Brazilian Olga (Jaime Monjardim, 2004), the Chilean-Mexican El brindis (Shai Agosin, 2007) and the Argentine La cámara oscura/Camera Obscura (María Victoria Menis, 2008), which explore Jewish Latin American culture and identity, testify to the normalization of female Jewish characters. In these films, Jewish Latin American women would …

Safeguarding Taxpayer Data, Michael Hatfield

Articles

The Internal Revenue Service (IRS) collects more information on more individuals than any other government agency. The information is not only financial but personal, potentially including information about health care needs and decisions; the caregivers, disabilities, and foreign birth of children; the educational progress and felony convictions of students; and one’s religious and charitable associations. In acknowledging the vast quantity of information held by the IRS, and the necessity of taxpayers trusting tax administrators with their information, Congress provided greater protection for taxpayer information under the Internal Revenue Code (IRC) than it was provided under the Privacy Act. Congress obligated …

Comparison Of Culturable Microbial Groups Present In Selected Peatlands In Midlands Of The Republic Of Ireland: Effect Of ‘Peatland Use’ Type On Microbial Consortia; A Pilot Study, Gouri Atapattu, Samuel Apori, Tara Battersby, Michelle Giltrap, Furong Tian

Articles

Soil microbial ecology in the Irish wetlands is still poorly understood, although it is crucial in introducing effective rewetting schemes to restore and conserve the Irish peatlands. As an initiative, peatlands with distinct land-use types (cutaway, raised semi-degraded, unimproved grassland and grassland) were collected from farms in the midlands to analyse various microbial populations. Peat was homogenized and serially diluted to culture on a range of specific and non-specific culture media. Culture isolation and microbial enumeration were performed. Gram staining and other microscopic observations of morphologically distinct microorganisms were performed, followed by isolation procedures. The numbers of total viable bacteria …

Covid-19 Pandemic’S Impact On Online Sex Advertising And Sex Trafficking, Coxen O. Julia, Vanessa Castro, Bridgette Carr, Glen Redin

Articles

Disruptive social events such as the COVID-19 pandemic can have a significant impact on sex trafficking and the working conditions of victims, yet these effects have been little understood. This paper examines the effect of the COVID-19 pandemic on sex trafficking in the United States, based on analysis of over one million sexual service advertisements from the online platform Rubratings.com, using indicators of third-party management as potential proxies for trafficking. Our results show that there have been measurable changes in online commercial sexual service advertising, both with and without third-party management indicators, in the United States, with a significant decrease …

Inéire: An Interpretable Nlp Pipeline Summarizing Inclusive Policy Making Concerning Migrants In Ireland, Arefeh Kazem, Arjumand Younus, Mingyeong Jeon, Muhammad Atif Qureshi, Simon Caton

Articles

Reaching marginal and other migrant communities to elicit their political views and opinions is a well-known challenge. Social media has enabled a certain amount of online activism and participation, especially in societies with abundant multicultural identities. However, it can be quite challenging to isolate the voice of the migrant in English-speaking countries, especially with an abundance of content in English on social media. In this paper, we pursue a case study of Ireland’s Twitter landscape, specifically migrant and native activists. We present a methodology that can accurately ( >80% ) isolate the Irish migrant voice with as little as 25 …

Ireland’S Response To Domestic, Sexual And Gender-Based Violence: An Interview With Orla O’Connor, Deirdre Kelly

Articles

Orla O’Connor is the Director of the “National Women’s Council of Ireland” (NWCI), the leading national women’s membership organisation with over
190 member groups. She has held senior management roles in several non-governmental organisations for over 25 years. Time magazine recognised her as one of the 100 Most Influential People in 2019 for her role as Co-director of “Together for Yes”, the successful national civil society campaign that was influential in Ireland voting overwhelmingly in favour of removing the Eighth Amendment from the Constitution, a landmark referendum, which led to the legalisation of abortion in 2018. In addition to campaigning …

Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri

Articles

The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …

Stopping Runs In The Digital Era, Luís C. Calderón Gómez

Articles

Bank runs, and the financial crises they catalyze and amplify, are incredibly costly-to individuals, families, society, and the economy writ large. Banking regulation has, for the most part, protected us from traditional bank runs for the last ninety years. However, as we saw in the devastating 2008 financial crisis, bank runs can still occur in lightly regulated or opaque segments of the financial sector.

The recent crypto market downturn dramatically forewarned regulators of the potential and significant risks that novel assets could pose to our financial system's stability. In particular, a novel, systemically important asset (stablecoins) revealed its vulnerability to …

An Analysis Of The Impact And Efficacy Of An Online Mindfulness-Based Intervention As A Support For First-Year University Students, Wyndham Chalmers, Aiden Carthy, Maria Kenneally, Niamh Bruce, Colm Mcguinness, Philip Owende

Articles

As a result of the COVID-19 pandemic, many university courses transitioned to online delivery, therefore, educators and students faced new challenges associated with the delivery of modules and the provision of necessary student supports. Given the scale of this transition, it is likely that many universities will continue to teach remotely far beyond the reach of any pandemic specific restrictions. This study sought to explore the impact and efficacy of a five-week online mindfulness course to a cohort of first year university students (n = 25) at Technological University Dublin (TU Dublin), Ireland. Results demonstrated that participation in the course …

Addressing Low Heat Pump Heating System Sales In The Uk, Ben Costelloe

Articles

The replacement of existing fossil fuel boilers with heat pumps is seen as a key measure in the decarbonisation of heating systems and addressing climate change. This policy however, is currently failing in many Western European states, particularly in the UK. The many reasons for this situation are examined. However, the age of UK housing stock and particularly the high number of dwellings built prior to the introduction of building insulation regulations in 1980, are key. To maintain the running cost of air source heat pumps competitive with those of the gas boilers they generally replace the heat pump lift …

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

Articles

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …

Defamation With Bayesian Audiences, Yonathan Arbel, Murat C. Mungan

Articles

How strictly should the law regulate false defamatory statements? We first show that the presence of judicial errors often puts defamation law on a Laffer curve: regulation that is too lax or too strict is inferior to moderate regulation. While moderate regulation is ideal, it is not always attainable because of practical and legal constraints. With these constraints, we consider a Bayesian audience that takes the strictness of defamation law into account when evaluating statements. The optimal standard is then taxer than is prescribed by standard models with naive audiences. These findings underscore the importance of accounting for audience effects …

(Some) Land Back...Sort Of: The Transfer Of Federal Public Lands To Indian Tribes Since 1970, Audrey Glendenning, Martin Nie, Monte Mills

Articles

Federal public lands in the United States were carved from the territories of Native Nations and, in nearly every instance, required that the United States extinguish pre-existing aboriginal title. Following acquisition of these lands, the federal government pursued various strategies for them, including disposal to states and private parties, managing lands to allow for multiple uses, and conservation or protection. After over a century of such varied approaches, the modern public landscape is a complex milieu of public and private interests, laws and policies, and patchwork ownership patterns. This complexity depends on—and begins with—the history of Indigenous dispossession but subsequent …

Considering A Right To Repair Software, Robert W. Gomulkiewicz

Articles

The right to repair movement aims to extend the usability of products by allowing a consumer (or a repair professional acting on the consumer’s behalf) to fix broken products. Implicitly, the movement’s focus has been on hardware—on the right to repair cars, tractors, and phones. But as more and more of the functionality of goods comes from software, it is important to consider whether we need a right to repair software. There are practical challenges to software repair. For example, fixing software is more difficult and treacherous than fixing hardware. Complicating matters further, more and more software is embedded in …

Book Review: Taxation In The Digital Economy: New Models In Asia And The Pacific, Edited By Nella Hendriyetty, Chris Evans, Chul Ju Kim, And Farhad Taghizadeh-Hesary, Sanyukta Chowdhury

Articles

Book Review: Taxation in the Digital Economy: New Models in Asia and the Pacific, edited by Nella Hendriyetty, Chris Evans, Chul Ju Kim, and Farhad Taghizadeh-Hesary

Creating An Emulsion From Onions, Roisin Burke

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No abstract provided.

Definition And Characteristic Features Of A ‘Cultural Flashpoint’: A Case Study Of Exploring Masculinities, A Controversial Gender And Education Programme In Ireland, Joan Hanafin, Paul Conway, Cormac O Beaglaoich, Jack Hanafin

Articles

The concept ‘cultural flashpoint’ (CF) has not been fully defined or described. The authors test this concept through the prism of a controversial gender-focused Irish school programme, Exploring Masculinities (EM). Adopting an instrumental case study methodology, they use media content analysis to develop a temporal trajectory of the CF, describe its shape, explicit and implied contentious themes, and its process. They identify characteristic features of a cultural flashpoint: (i) a focal issue, event and/or object; (ii) conflict; (iii) bounded time period; (iv) the involvement of exo- and multi-sectoral individuals and groups; (v) randomness, opaqueness and conflation among its expressions; and …

The State Of Accessibility In Blackboard: Survey And User Reviews Case Study, Mohamed Wiem Mkaouer, Wajdi Aljedaani, Stephanie Ludi, Mohammed Alkahtani, Marcelo M. Eler, Marouane Kessentini, Ali Ouni

Articles

Context: Nowadays, mobile applications (or apps) have become vital in our daily life, particularly within education. Many institutions increasingly rely on mobile apps to provide access to all their students. However, many education mobile apps remain inaccessible to users with disabilities who need to utilize accessibility features like talkback or screen reader features. Accessibility features have to be considered in mobile apps to foster equity and inclusion in the educational environment allowing to use of such apps without limitations. Gaps in the accessibility to educational systems persist.

Objective: In this paper, we focus on the accessibility of the Blackboard mobile …

The Replication Crisis And Ip Law: A Novel Policy Tool For Open Science, Or Cohen Sasson, Ofer Tur‐Sinai

Articles

In recent years, the scientific community has faced a considerable problem the replication crisis. Replication is the process of verifying scientific findings by repeating a published study. It is considered a cornerstone of the scientific enterprise, contributing to the credibility of research findings. Over the past two decades, however, replication has become increasingly difficult; in fact, in some disciplines the non-replicability rate is over 50%. A major factor accounting for this is diminished access to research materials required for replication (replication materials). This problem is particularly acute in computational studies, where the code, software documentation, datasets, and other information are …

"Communities That Care": Incorporating Socially Engaged Artistic Practices Into Clinical Legal Education, Bernard P. Perlmutter, Xavier Cortada

Articles

This Article, co-authored by a law school clinician and an artist and lawyer, explores collaborations between the artist, a child advocacy clinic, and its clients (children in state foster care) in building a community that empowers clients by giving them voice through both traditional legal advocacy and non-traditional forms of socially engaged artistic expression. The Article aims to address some of the challenges and benefits of clinics creating alliances with artists and community-based arts organizations as part of their teaching and advocacy missions. We describe and provide examples of the practice of law as a creative exercise and argue that …

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Articles

No abstract provided.

The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church

Articles

This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …

The Afterlife Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

As communities increasingly remove Confederate monuments from public spaces, they must decide what to do with these troubled statues. Given the recent wave of monument removal, we consider how property law and other restrictions impact community decisions on the disposition of monuments removed from public spaces on two levels by location and future owner. In considering the fate of removed monuments, we profile potential destinations including museums, battlefields, cemeteries, and even storage. Alongside these examples, we discuss how laws constrain (or fail to constrain) the options for new owners and the restrictions on where monuments can be relocated. Even where …