Digital Commons Network^™

Contaminated Relationships In The Opioid Crisis, Benjamin Mcmichael, Elissa Philip Gentry

Articles

Unlike past public health crises, the opioid crisis arose from within the healthcare system itself. Entities within that system, particularly opioid manufacturers, may bear some liability in sparking and perpetuating the current crisis. Unsurprisingly, the allegations underlying the thousands of claims filed in connection with the opioid crisis differ substantially. However, almost all of those claims rely, to some degree, on the strength of the relationship between opioid manufacturers and the healthcare providers who prescribed their products.

This Article argues that the underlying relationship is the heart of the crisis and that this problematic relationship is by no means a …

The Aggravating Duty Of Non-Aggravation, Steven R. Ratner

Articles

International law's duty of non-aggravation requires states to avoid actions that might inflame an international dispute, both to maintain international peace and to preserve the effectiveness of judicial or arbitral proceedings. Yet parties on the receiving end of calls for non-aggravation --whether from the Security Council or at tribunal -- have little idea of what conduct they are expected to avoid. This state of affairs is most unfortunate in light of the centrality of this norm to the peaceful resolution of disputes and, in particular, examples of seemingly provocative and aggravating acts in recent years. This article attempts to give …

Antitrust Antitextualism, Daniel A. Crane

Articles

Judges and scholars frequently describe antitrust as a common-law system predicated on open-textured statutes, but that description fails to capture a historically persistent phenomenon:judicial disregard of the plain meaning of the statutory texts and manifest purposes of Congress. This pattern of judicial nullification is not evenly distributed: when the courts have deviated from the plain meaning or congressional purpose, they have uniformly done so to limit the reach of antitrust liability or curtail the labor exemption to the benefit of industrial interests. This phenomenon cannot be explained solely or even primarily as a tug-of-war between a progressive Congress and conservative …

The Reincorporation Of Prisoners Into The Body Politic: Eliminating The Medicaid Inmate Exclusion Policy, Mira K. Edmonds

Articles

Incarcerated people are excluded from Medicaid coverage due to a provision in the Social Security Act Amendments of 1965 known as the Medicaid Inmate Exclusion Policy (“MIEP”). This Article argues for the elimination of the MIEP as an anachronistic remnant of an earlier era prior to the massive growth of the U.S. incarcerated population and the expansion of Medicaid eligibility under the Patient Protection and Affordable Care Act of 2010. It explores three reasons for eliminating the MIEP. First, the inclusion of incarcerated populations in Medicaid coverage would signify the final erasure from the Medicaid regime of the istinction between …

Automaticity Of Lexical Access In Deaf And Hearing Bilinguals: Cross-Linguistic Evidence From The Color Stroop Task Across Five Languages, Rain G. Bosworth, Sarah C. Tyler, Eli M. Binder, Jill P. Morford

Articles

The well-known Stroop interference effect has been instrumental in revealing the highly automated nature of lexical processing as well as providing new insights to the underlying lexical organization of first and second languages within proficient bilinguals. The present cross-linguistic study had two goals: 1) to examine Stroop interference for dynamic signs and printed words in deaf ASL-English bilinguals who report no reliance on speech or audiological aids; 2) to compare Stroop interference effects in several groups of bilinguals whose two languages range from very distinct to very similar in their shared orthographic patterns: ASL-English bilinguals (very distinct), Chinese-English bilinguals (low …

Impact Of Dynamic Sub-Populations Within Grafted Chains On The Protein Binding And Colloidal Stability Of Pegylated Nanoparticles, Delyan Hristov, Hender Lopez, Yannick Ortin, Kate O'Sullivan, Kenneth A. Dawson, Dermot F. Brougham

Articles

Polyethylene glycol grafting has played a central role in preparing the surfaces of nano-probes for biological interaction, to extend blood circulation times and to modulate protein recognition and cellular uptake. However, the role of PEG graft dynamics and conformation in determining surface recognition processes is poorly understood primarily due to the absence of a microscopic picture of the surface presentation of the polymer. Here a detailed NMR analysis reveals three types of dynamic ethylene glycol units on PEG-grafted SiO2 nanoparticles (NPs) of the type commonly evaluated as long-circulating theranostic nano-probes; a narrow fraction with fast dynamics associated with the chain …

Deportation Arrest Warrants, Lindsay Nash

Articles

The common conception of a constitutionally sufficient warrant is one reflecting a judicial determination of probable cause, the idea being that the warrant process serves to check law enforcement. But neither the Constitution nor the Supreme Court has fully defined who can issue arrest warrants within the meaning of the Fourth Amendment; the constitutional significance of arrest “warrants” that are not; or when (if ever) warrants of any type are constitutionally required for deportation-related arrests. In that void, the largest federal law enforcement agency—the Department of Homeland Security (DHS)—is on pace to issue over 150,000 administrative “warrants” annually, authorized by …

Jack Weinstein: Reimagining The Role Of The District Court Judge, Jessica A. Roth

Articles

This essay, for a symposium issue of the Federal Sentencing Reporter dedicated to the impact of Judge Jack Weinstein on the occasion of his retirement from the federal bench, highlights how Judge Weinstein has re-imagined the role of the district court judge. Through his judicial opinions, extrajudicial writings and speeches, and his innovative use of the court’s supervisory authority, Judge Weinstein has challenged, and in some cases altered, the status quo in the realm of criminal sentencing. In doing so, he has established a forceful example of how district court judges can use their position to advocate for and effect …

Synergies In Scholarship At The Research Teaching Nexus, Deirdre Mcquillan

Articles

Survey instrument for examining research synergies in scholarship at the research teaching nexus

Affective Sentience And Moral Protection, Russell Powell, Irina Mikhalevich

Articles

We have structured our response according to five questions arising from the commentaries: (i) What is sentience? (ii) Is sentience a necessary or sufficient condition for moral standing? (iii) What methods should guide comparative cognitive research in general, and specifically in studying invertebrates? (iv) How should we balance scientific uncertainty and moral risk? (v) What practical strategies can help reduce biases and morally dismissive attitudes toward invertebrates?

Collaborative Behavior, Performance And Engagement With Visual Analytics Tasks Using Mobile Devices, Lei Chen, Hai-Ning Liang, Feiyu Lu, Konstantinos Papangelis, Ka Lok Man, Yong Yue

Articles

Interactive visualizations are external tools that can support users’ exploratory activities. Collaboration can bring benefits to the exploration of visual representations or visu‐ alizations. This research investigates the use of co‐located collaborative visualizations in mobile devices, how users working with two different modes of interaction and view (Shared or Non‐Shared) and how being placed at various position arrangements (Corner‐to‐Corner, Face‐to‐Face, and Side‐by‐Side) affect their knowledge acquisition, engagement level, and learning efficiency. A user study is conducted with 60 partici‐ pants divided into 6 groups (2 modes×3 positions) using a tool that we developed to support the exploration of 3D visual …

Fear Of Missing Out: Performance Art Through The Lens Of Participatory Culture, Katherine Nolan

Articles

This research project set out to examine FOMO through the curation of a performance art event. Referring to the ‘fear of missing out’, FOMO is posited as symptomatic of the ways in which embodied subjectivities are performed through participatory cultures. With the insidious co-option of such cultures by powerful multinational companies, come new ways in which the body is commodified in late-capitalist economies. This paper examines modes of prosumption emergent from digital and social media and considers strategies of performance in this context. It could be argued that performance art practices might resist or intervene in such discourses through a …

Reflecting On Asynchronous Internet Mediated Focus Groups For Researching Culturally Sensitive Issues, Noirin Macnamara Dr, Danielle Mackle, Johanne Devlin Trew, Claire Pierson, Fiona Bloomer

Articles

Internet-mediated focus groups (FGs) have become a feature of qualitative research over the last decade; however, their use within social sciences has been adopted at a slower pace than other disciplines. This paper considers the advantages and disadvantages of internet-mediated FGs and reflects on their use for researching culturally sensitive issues. It reports on an innovative study, which utilised text-based asynchronous internet-mediated FGs to explore attitudes to abortion, and abortion as a workplace issue. The authors identify three key elements of text-based asynchronous online FGs as particularly helpful in researching culturally sensitive issues – safety, time and pace. The authors …

Rational And Emotional Tension Balances In The Organization Of Political Hunger Strikes, John Connolly, Paddy Dolan, Steven Vertigans

Articles

This paper is concerned with the relationship between the organization of political hunger strikes, rational calculations and actions and emotions. Drawing from the theoretical formulations of Norbert Elias, we examine how rational–emotional balances generated by different and intertwined tiers of social integration partly shaped the organization of political hunger strikes. Political hunger strikes are interesting because they tend to involve actions based on rational considerations and emotional charges. The empirical context includes a comparative analysis across space and time involving the organization of political hunger strikes in Ireland and (West) Germany during the 20th century. Our analysis suggests a difference …

An Investigation Into The Food Related Traditions Associated With The Christmas Period In Rural Ireland, Stephanie Byrne, Kathleen Farrell

Articles

The interdisciplinary nature of food studies lends itself to the study of food through many avenues, most notably in this research, through folklore and the oral history transcripts of the Schools’ Collection made by the Irish Folklore Commission in 1937–1938. Folklore can give us an insight into sometimes overlooked features of society and how people’s lives can be studied and highlighted through their relationship with food. The Christmas period was an extremely important time in Irish tradition, and food was a main aspect of that celebration. This paper, therefore, at first delves into the literature surrounding Christmas, folklore, and food; …

Affiliated Issue With 2020 College Art Association Annual Conference, ‘Flesh And Circuit: Rethinking Performance And Technology’ (Chicago, Il, Usa), Conor Mcgarrigle Dr., E.L. Putnam

Articles

The live, embodied, material, and interactive qualities of performance have made it a notable means of exploring the creative potential of technological engagement, acting as a critical vector for revealing and resisting the technological colonisation of everyday life. The innovative collaborations of Experiments in Art and Technology (EAT) during the 1960’s with artists such as Yvonne Rainer and Robert Rauschenberg, Stelarc’s extreme body modifications, Dumb Type’s intermedia performance, and Guillermo Gomez-Pena and La Pocha Nostra’s poetic and speculative imaginings, have mapped the advances in technology and opened new creative fields to explore embodiment. However, there are still some significant oversights …

Did The Pandemic Change Legal Education For Better Or Worse?, Linda Jellum

Articles

No abstract provided.

Two-Party Structural Countermandering, Benjamin Plener Cover

Articles

The popular narrative surrounding gerrymandering frames it as a performative phenomenon—achieved through the intentional manipulations of malevolent partisan actors. Efforts to curb partisan gerrymandering —which I call countermandering—have been performative, in turn, focusing on constraining these bad actors through judicial review or mapmaker neutrality. Yet performative countermandering has had limited success. Judicial and institutional constraints are only sometimes available and are often cumbersome and costly. More important, their utility is inherently limited, because gerrymandering is not only performative. It is also structural—an inevitable product of the American electoral schema itself. This paper makes the case for structural countermandering. It explains …

Analytics Capability In Marketing Education: A Practice-Informed Model, Justina Setkute, Simone Kurtzke Dr.

Articles

As marketing continues to be transformed by technology and the explosion of big data, academic research has identified a significant need for analytics skills in marketing education. However, it is unclear whether current curriculum approaches to marketing analytics equip students with the skills employers need and prepare them effectively for data-driven marketing roles. This study identifies the knowledge and skills marketing graduates require for analytics practice to bridge the theory-practice gap and increase students’ employability. Our research reveals that a blend of knowledge, soft and technical skills is needed, and that the ability to communicate insights from data to stakeholders …

Exploring Evidence Of Lost And Forgotten Irish Food Traditions In Irish Cookbooks 1980-2015, Diarmaid Murphy

Articles

A study by the Irish Food Board, Bord Bia, in 2008 outlined some lost and forgotten food traditions in Ireland based on the evidence from a pre-selected expert group. This paper explores the inclusion of traditional Irish foods within seventy-nine Irish cookbooks, published between 1980 to 2015. Extant academic and grey literature on food traditions and cookbooks, together with the content of the cookbooks, identified a gradual decline in the presence of certain traditional Irish foods, to the point where they could be deemed lost or forgotten. The study, however, also finds a re-emergence in the most recent period. A …

Reaching Across The Divide: The Role Of Cultural Events In Peacebuilding, Bernadette Quinn, Adrian Devine, Frances Devine

Articles

This article assesses whether or not a cultural event can play a peacebuilding role during the postviolence phase of conflict. Cultural expression has long been a contentious issue in Northern Ireland, no more so than in Derry/Londonderry, the city at the center of this study. Adopting a qualitative approach, the authors used the city’s Fleadh Cheoil (2013) event as a case study and found that it served three of the seven peacebuilding functions outlined by Paffenholz and Spurk: social cohesion, in-group socialization, and intermediation/facilitation. The findings suggest that the event enabled positive change by building “bridges” and developing intercommunal trust …

Symposium: The Roberts Court And Free Speech: Transcript, Michael Cahill, Joel Gora, Geoffrey Stone

Articles

No abstract provided.

The Comparative Constitutional Law Of Presidential Impeachment, Aziz Huq, Tom Ginsburg, David Landau

Articles

No abstract provided.

Limiting The Pardon Power, Albert W. Alschuler

Articles

Although our government is said to be one of checks and balances, the president’s power “to grant Reprieves and Pardons for Offenses against the United States” appears to be unlimited. In granting this power, the Framers deliberately cast structural safeguards aside. Nevertheless, the presidency of Donald Trump prompted a search for limits. This Article examines: (1) whether a president may pardon crimes that have not yet happened (or announce his intention to do so); (2) whether he may pardon himself; (3) whether he may use pardons to obstruct justice or commit other crimes; (4) whether criminal statutes should be construed …

An Ensemble Approach For Annotating Source Code Identifiers With Part-Of-Speech Tags, Christian D. Newman,, Michael J. Decker, Reem S. Alsuhaibani, Anthony Peruma, Mohamed Wiem Mkaouer, Satyajit Mohapatra, Tejal Vishnoi, Marcos Zampieri, Timothy Sheldon, Emily Hill

Articles

This paper presents an ensemble part-of-speech tagging approach for source code identifiers. Ensemble tagging is a technique that uses machine-learning and the output from multiple part-of-speech taggers to annotate natural language text at a higher quality than the part-of-speech taggers are able to obtain independently. Our ensemble uses three state-of-the-art part-of-speech taggers: SWUM, POSSE, and Stanford. We study the quality of the ensemble's annotations on five different types of identifier names: function, class, attribute, parameter, and declaration statement at the level of both individual words and full identifier names. We also study and discuss the weaknesses of our tagger to …

Latin American Film, Mirna Vohnsen

Articles

The scholarship on Latin American film in 2019 speaks of the rich and diverse critical studies that are being conducted in the field. This year the studies encompass a wide range of topics, like the role of Netflix in the production, distribution and consumption of Latin American films; the contention between national cinemas and transnationalism; and the re-examination of films made in the last century. Although publications showcasing the cinemas of Argentina, Mexico and Cuba continue to dominate the field, two special issues have been published shedding light on lesser-studied cinemas, Studies in Spanish and Latin American Cinemas has dedicated …

The Rules Of The Game: Discursive Norms And Limits In The Field Of Online Art Magazines, Tommie Soro, Tim Stott, Brendan K. O'Rourke

Articles

This article employs methods of discourse analysis and corpus linguistics within a Bourdieusian theoretical framework to examine the discursive norms and limits regulating the construction of reputation by online contemporary art magazines. Moving between quantitative and qualitative analysis of the websites of online contemporary art magazines, the article identifies salient patterns surrounding the use of modifiers and links these patterns to the normative principles of the artworld. Its findings suggest that positive evaluation is a norm but that the use of explicitly evaluative modifiers is prohibited, that artists are predominantly classified according to nationality and that these classifications can construct …

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Articles

Partially due to the widespread use of employee confidentiality and invention assignment agreements, employers routinely take ownership of employee creative outputs and use trade secrets law to enforce those rights post-employment. This Article proposes that, with respect to employee creative outputs, the current status of trade secrets law is inconsistent with the modern workplace, including as significantly altered, maybe permanently, by the COVID-19 pandemic. Accordingly, the goal of this Article is to establish a mode of recognizing employee rights in their own creative outputs through a modification to the existing general skills and knowledge exclusion to explicitly recognize an employee's …

Communion: Envisioning And Executing The Fourth National People Of Color Legal Scholarship Conference — The Largest Ever Gathering Of Minority Law Scholars, Anthony E. Varona

Articles

No abstract provided.

Imagining The Future In Irish Budgets 1970–2015: A Mixed-Methods Discourse Analysis, Ewan Macdonald, Brendan K. O'Rourke, John Hogan

Articles

Annual budgets are key to constituting and governing imagined futures. This paper examines how the signifier ‘future’ is constructed within the Irish budget speeches delivered by finance ministers to parliament between 1970 and 2015. To investigate the discourses of these budget speeches, we employ post-structural discourse theory operationalised through two methods: close reading and corpus-linguistic analysis. Close reading is used to identify the discourses employed and how meanings of signifiers were partially fixed at different moments. This was further examined using corpus-linguistics, specifically a collocate analysis of the word ‘future’, allowing further close examination of such collocates in context. Thus, …