Digital Commons Network^™

Review: Mary Kenny, The Way We Were: Catholic Ireland Since 1922, Eamon Maher

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Book review: Mary Kenny, The Way We Were: Catholic Ireland Since 1922 (Dublin: Columba Books, 2022), 450 pages.

International Digital Nomads: Immigration Law Options In The United States And Abroad, Scott Titshaw

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Remote work has become common, allowing many people to choose to work anywhere with an adequate internet connection. Some are adopting a “digital nomad” lifestyle, moving with the seasons or years from place to place, including foreign locations. Yet, such international movement raises immigration and other legal issues. Many countries have adopted specific digital nomad visas and other immigration policies to encourage and regulate this trend. The United States is not one of them. Arguing that the United States should consciously plan for digital nomads, this article compares the current U.S. approach with the innovations of other countries, identifying the …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

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The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Ar/Vr Teaching-Learning Experiences In Higher Education Institutions (Hei): A Systematic Literature Review, Belen Bermejo, Carlos Juiz, David Cortes, Jeroen Oskam, Teemu Moilanen, Jouko Loijas, Praneschen Govender, Jenniifer Hussey, Alexander Lennart Schmidt, Ralf Burbach, Daniel King, Colin O'Connor, David Dunlea

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During the last few years, learning techniques have changed, both in basic education and in higher education. This change has been accompanied by new technologies such as Augmented Reality (AR) and Virtual Reality (AR). The combination of these technologies in education has allowed a greater immersion, positively affecting the learning and teaching processes. In addition, since the COVID-19 pandemic, this trend has been growing due to the diversity of the different fields of application of these technologies, such as heterogeneity in their combination and their different experiences. It is necessary to review the state of the art to determine the …

Virtual Industry Visits, Cian Farrell

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Cian Farrell of Technological University Dublin describes a virtual educational approach trialled during the Covid-19 pandemic to engage students during a period of remote learning and educate them on industry processes and practices. Virtual industry visits saw students receive online briefings and tours of manufacturing plants and construction sites from industry representatives to complement their taught modules. The virtual visits have continued since Covid restrictions eased as part of a hybrid approach to learning that increases student exposure to real-life projects. The initiative won the Institution of Structural Engineers Excellence in Structural Engineering Education Award in 2022.

An “Essential” Solution: Reworking The Essential Facilities Doctrine To Address Big Tech’S Harm To The Marketplace Of Ideas, Kaleb Byars

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Google’s mission statement is undoubtedly altruistic. The Internet overflows with information, and users could not navigate the Internet if an entity did not logically organize that information. On the other hand, should democratic societies accept the convenience that Google and the other Big Tech firms provide if that convenience impairs the marketplace of ideas? Big Tech censorship is at the forefront of current news and congressional consideration. At both ends of the political spectrum, parties agree

Big Tech censorship harms the marketplace of ideas. Republican congresspersons argue Big Tech supports liberal ideas and censors conservative voices, websites, and advertisements. Democratic …

Maintaining Connections During The Pandemic: Rural Arts Festivals And Digital Practices, Enya Moore, Bernadette Quinn

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During the COVID lockdowns of 2020/21, the transmission of live or recorded concerts grew exponentially as festival makers embraced digital technologies to a greater degree. Investigating how this digital pivot interrupted festival-making practices is now important given that online and hybrid modes will potentially be used in conjunction with in-person events in the future. This task has relevance for rural areas where digital infrastructures can be under-developed. Yet, place-based, community-organised festivals can play a significant role in sustaining local communities. In this context, we explore the recent digital programming practices of music festivals in West Cork, Ireland. Methodologically, the study …

Imi 2023 Digest, Padmaja Sankaridurg, David A. Berntsen, Mark A. Bullimore, Pauline Cho, Daniel Ian Flitcroft, Timothy J. Gawne, Kate Gifford, Monica Jong, Lisa A. Ostrin Lisa A. Ostrin, Jacinto Santodomingo-Rubido, Christine Wildsoet, James S. Wolffsohn

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Myopia is a dynamic and rapidly moving field, with ongoing research providing a better understanding of the etiology leading to novel myopia control strategies. In 2019, the International Myopia Institute (IMI) assembled and published a series of white papers across relevant topics and updated the evidence with a digest in 2021. Here, we summarize findings across key topics from the previous 2 years. Studies in animal models have continued to explore how wavelength and intensity of light influence eye growth and have examined new pharmacologic agents and scleral cross-linking as potential strategies for slowing myopia. In children, the term premyopia …

Review Of The International Play Policies And Their Contribution To Supporting A Child's Right To Play, Fiona Armstrong, David Gaul

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Play is recognised as a fundamental children's right protected by the United Nations Convention on the Rights of the Child. Despite legal and constitutional requirements for ensuring children's right to play, there are few international policies dedicated to play. This paper seeks to use a critical discourse analysis lens to compare the current international policies dedicated to play and identify examples of good practice and perceived barriers to the successful development and implementation of play policies.

Memorizing Trade Secrets, Timothy Murphy

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The earliest trade secret cases recognized that remembered information raised unique issues in trade secret misappropriation claims. However, courts struggled with exactly how to address remembered information, as opposed to information taken in tangible form. The modern trend, according to one case from the Washington Supreme Court, is to ignore the distinction and treat remembered information the same as information taken in tangible form for purposes of trade secret misappropriation claims. However, this case may have prematurely signaled the demise of remembered information's relevance to a trade secret claim. Particularly during the pandemic era, where increased employee mobility is placing …

Common Good Gun Rights, Darrell Miller

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No abstract provided.

The Comparative Constitutional Of Democratic Backsliding: A Report On The State Of The Field, Aziz Huq, Tom Ginsburg

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No abstract provided.

Our Federalism And Our Democracy: Complements Or Foes?, Aziz Huq

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This Essay reflects on the relationship between “federalism” and “national democracy.” More specifically, it considers the way in which the operation of formal state institutions can change the quality of national bodies necessary to democratic politics. State-level action can reduce the quality of national democracy even if it is motivated by national partisan forces. For example, state-level instruments can influence the possibility that national institutions either do or do not experience capture by minority factions, and are instead capable of roughly tracking the ebb and flow of majoritarian preferences over time. Without state institutions, national actors would lack instruments to …

The January 6 Insurrection And The Problem Of Constitutional Guardianship, Aziz Huq

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No abstract provided.

Maintaining Connections During The Pandemic: Rural Arts Festivals And Digital Practices, Enya Moore, Bernadette Quinn

Articles

During the COVID lockdowns of 2020/21, the transmission of live or recorded concerts grew exponentially as festival makers embraced digital technologies to a greater degree. Investigating how this digital pivot interrupted festival-making practices is now important given that online and hybrid modes will potentially be used in conjunction with in-person events in the future. This task has relevance for rural areas where digital infrastructures can be under-developed. Yet, place-based, community-organised festivals can play a significant role in sustaining local communities. In this context, we explore the recent digital programming practices of music festivals in West Cork, Ireland. Methodologically, the study …

Capacity Building For Organizational Resilience: Integrating Standards On Risk, Disruption And Continuity In The Curriculum, Lisa Greenwood, Dawn Hess, Yewande S. Abraham, Jennifer Schneider

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Disruption is an inevitable factor in business and society, while inability to mitigate and manage risk can cause irreparable damage to business, the economy, and our ways of life. The COVID-19 pandemic has heightened interest in standards-based strategies for risk management and crisis preparedness to enhance organizational and societal resilience. University curricula that integrate national and international standards offer students a rich skill-set for effective performance in their careers. Moving forward, we must cultivate capable professionals who understand the challenges and risks facing society, and who grasp standards and systems for strategic planning, response, and recovery to promote organizational resilience …

Juan Sebastián Ospina León, Struggles For Recognition: Melodrama And Visibility In Latin American Silent Film. Berkeley: University Of California Press, 2021., Mirna Vohnsen

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No abstract provided.

Finally, It Seems To Be Working – The Evolving Valuation Effect Of The European Union’S Emissions Trading System, Benjamin Lynch, Martha O'Hagan-Luff

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This research examines the market reaction to the publication of firm-specific environmental news for participating firms in the European Union’s Emissions Trading System (EU ETS) during its third phase. Our sample of 123 publicly listed participating firms, located in 21 European countries, accounted for 45.43% of emissions in the EU ETS in 2020. Using an event study methodology during the period 2014–2021, we find that positive news was rewarded with increased returns for publication events related to the latter years of the phase (2017–2020) while it had an insignificant impact for earlier year (2013–2016). This indicates that the EU ETS …

Rulemaking 3.0: Incorporating Ai And Chatgpt Into Notice And Comment Rulemaking, Stephen M. Johnson

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Technological innovations since the turn of the century have created opportunities to increase public participation in notice and comment rulemaking, increase the efficiency of the process, and increase the quality of the rules adopted by agencies. For some rules, online rulemaking and social media have facilitated increased public participation, but have not necessarily facilitated improvements in the quality of public comments. In addition, in some cases, the transformation of the process has created new challenges for government agencies by making it easier for supporters or opponents of rules to flood agencies with duplicative and potentially false comments to which the …

The Long Hand Of Anti-Corruption: Israeli Judicial Reform In Comparative Perspective, Tom Ginsburg

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There are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition’s efforts to assert more control over the Supreme Court. The dynamics of anti-corruption in Israel are somewhat distinct from those of other countries in ways that may bode well for the Court in its confrontation with the government.

The Promise & Perils Of Open Finance, Dan Awrey, Joshua Macey

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We are at the dawn of a new age of Open Finance. Open Finance seeks to harness the potential of new platform technology to enhance customer data access, sharing, portability, and interoperability—thereby leveling the informational playing field and fostering greater competition between incumbent financial institutions and a new breed of financial technology (fintech) disruptors. According to its proponents, this competition will yield a radical restructuring of the financial services industry, offering more and better choices for consumers looking to make fast payments, borrow money, invest their savings, manage household budgets, and compare financial products and services. The promise of Open …

Strategic Subdelegation, Brian D. Feinstein, Jennifer Nou

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Appointed leaders of administrative agencies routinely record subdelegations of governmental authority to civil servants. That appointees willingly cede authority in this way presents a puzzle, at least at first glance: Why do these appointees assign their power to civil servants insulated by merit protection laws, that is, to employees over whom they have limited control? This article develops and tests a theory to explain this behavior. Using original data on appointee-to-civil servant delegations and a measure of the ideological distance between these two groups of actors, we show that appointees are more willing to vest power in civil servants when …

Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, June Carbone

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The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital investment and the ability to marshal the emotional and material resources needed to address children needs. Yet, the ability to meet the middle-class threshold for family investment is under assault as the class-based COVID-19 pandemic vulnerabilities and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization illustrate. While the American Rescue Plan demonstrates the federal government's considerable ability to address children's needs, Dobbs represents the judicial assault on federal power and the ongoing devolution in responsibility for …

Moderating The Fediverse: Content Moderation On Distributed Social Media, Alan Rozenshtein

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No abstract provided.

The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase

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Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story …

Enforcement-Proofing Work Law, Charlotte Garden

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No abstract provided.

Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan

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Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …

How Privilege Undermines Cybersecurity, Daniel Schwarcz

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In recent years, cyberattacks have cost firms countless billions of dollars, undermined consumer privacy, distorted world geopolitics, and even resulted in death and bodily harm. Rapidly accelerating cyberattacks have not, however, been bad news for many lawyers. On the contrary, lawyers that specialize in coordinating all elements of victims’ incident-response efforts are increasingly in demand. Lawyers’ dominant role in cyber-incident response is driven in part by their purported capacity to ensure that information produced during the breach response process remains confidential, particularly in any subsequent lawsuit. By interposing themselves between their clients and any third party consultants involved in incident …

Labor Relations At The Woke Corporation, Matthew Bodie

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This symposium contribution will consider the role of labor relations within the so-called “woke” corporation. Part I will explore the turn in corporate behavior and corporate law theory towards an attention to stakeholders and a larger corporate purpose. Part II examines how this shift in corporate sentiment has not changed the traditional hostility towards the choice of a company’s own workers to unionize. Part III considers how to address this disjunction, both through pressure from the workers themselves and through changes in corporate law, corporate theory, and labor and employment law.

Ai Tools For Lawyers: A Practical Guide, Daniel Schwarcz

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This Article provides practical and specific guidance on how to effectively use AI large language models (LLMs), like GPT-4, Bing Chat, and Bard, in legal research and writing. Focusing on GPT-4—the most advanced LLM that is widely available at the time of this writing—it emphasizes that lawyers can use traditional legal skills to refine and verify LLM legal analysis. In the process, lawyers and law students can effectively turn freely available LLMs into highly productive personal legal assistants.