Digital Commons Network^™

The Least Of These: The Case For Nationwide Injunctions In Immigration Cases As A Critical Democratic Institution, Allen Slater, Richard Delgado

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No abstract provided.

(Im)Mutable Race?, Deepa Das Acevedo

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No abstract provided.

Third Parties With Benefits, Casey E. Faucon

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No abstract provided.

Socially Distant Health Care, Allyson E. Gold, Benjamin J. Mcmichael, Alicia Gilbert

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The COVID-19 pandemic has elucidated many problems within the American health care system, chief among them the continuing access-to-care issue. Though the Affordable Care Act increased access to health insurance, the current pandemic has demonstrated that health insurance alone is not enough. Communities need access to health care providers. Indeed, many fully insured Americans across the country are experiencing what many have faced on a daily basis: the inability to access a health care provider Rural areas and communities of color regularly battle an inability to obtain care from health care professionals and have done so for many years. Much …

The Folklore Of Unfairness, Luke Herrine

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The Federal Trade Commission Act's ban on "unfair ... acts and practices" would, on its face, seem to give the FTC an awesome power to define proper treatment of consumers in changing conditions. But even in a world of widespread corporate surveillance, ongoing racial discrimination, impenetrably complex financial products, pyramid schemes, and more, the unfairness authority is used rarely, mostly in egregious cases of wrongdoing. Why? The standard explanation is that the more expansive notion of unfairness was tried in the 1970s, and it failed spectacularly. The FTC of this era was staffed by bureaucrats convinced of their own moral …

The Law Of Emerging Adults, Clare Ryan

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Law tends to divide people into two groups based on age: children and adults. The age of majority provides a bright line between two quite different legal regimes. Minority is characterized by dependency, parental control, incapacity, and diminished responsibility. Adulthood is characterized by autonomy, capacity, and financial and legal responsibility. Over the course of the twentieth century, evolving understandings of adolescence in law and culture produced a staged process of increasing liberty and responsibility up to the age of majority. After eighteen, however, the presumption of adulthood remains strong. Today, a combination of psychological and social factors has extended the …

The Access-To-Care Epidemic, Benjamin Mcmichael

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Among the many challenges it has created, the COVID19 pandemic has exacerbated the United States' access-to-care problem. While millions of individuals have confronted this problem for years in the context of chronic disease management, mental illness, and other diseases and injuries, many Americans are facing serious access-to-care issues for the first time during the pandemic. Recognizing the acuity of this problem, states adopted temporary policies to combat it. One of the most important policy solutions has been the relaxation of state scope-of-practice laws that inhibit the ability of many healthcare providers, such as nurse practitioners, to deliver healthcare. These temporary …

Circuit Criminal Trial And Evidence Practice Pointers, William H. Filmore, Tobie J. Smith, J. Patrick Lamb

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No abstract provided.

The New Public/Private Equilibrium And The Regulation Of Public Companies, Elisabeth De Fontenay, Gabriel Rauterberg

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This Symposium Article examines how the public/private divide works today and maps out some of the potential implications for major issues in securities law. Classic debates in securities law were often predicated on the idea that public companies are a coherent class of firms that differ markedly from private companies. For more than fifty years after the adoption of the federal securities laws, this view was justified. During that period, the vast majority of successful and growing private firms eventually accepted the regulatory obligations of being public in order to access a wider and deeper pool of capital, among other …

Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai

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Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.

Thoughts On The Retirement Of Jim Stewart, Leonard M. Niehoff

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At the end of April 2021, Jim Stewart - my friend and colleague of almost 40 years - retired from the practice of law. He will now be spending his time trying to win rounds of golf instead of cases and trying to win arguments with his three daughters instead of opposing counsel. I know Jim will enjoy retirement, but I'm skeptical that his win-loss record is about to improve.

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

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This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

An Extracellular Lipase From Amycolatopsis Mediterannei Is A Cutinase With Plastic Degrading Activity, Yeqi Tan, Gary T. Henehan, Gemma K. Kinsella, Barry J. Ryan

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An extracellular lipase from Amycolatopsis mediteranei (AML) with potential applications in process biotechnology was recently cloned and examined in this laboratory. In the present study, the 3D structure of AML was elucidated by comparative modelling. AML lacked the ‘lid’ structure observed in most true lipases and shared similarities with plastic degrading enzymes. Modelling and substrate specificity studies showed that AML was a cutinase with a relatively exposed active site and specificity for medium chain fatty acyl moieties.

AML rapidly hydrolysed the aliphatic plastics poly(ε-caprolactone) and poly(1,4-butylene succinate) extended with 1,6-diisocyanatohexane under mild conditions. These plastics are known to be slow …

Biomolecules As Model Indicators Of In Vitro And In Vivo Cold Plasma Safety, Caitlin Heslin, Daniela Boehm, Brendan F. Gilmore, Julianne Megaw, Theresa A. Freeman, Noreen Hickok, Patrick J. Cullen, Paula Bourke

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The potential applications for cold plasma in medicine are extensive, from microbial inactivation and induction of apoptosis in cancer cells to stimulating wound healing and enhancing the blood coagulation cascade. The safe bio-medical application of cold plasma and subsequent effect on complex biological pathways requires precision and a distinct understanding of how physiological redox chemistry is manipulated. Chemical modification of biomolecules such as carbohydrates, proteins, and lipids treated with cold plasma have been characterized, however, the context of how alterations of these molecules affect cell behavior or in vivo functionality has not been determined. Thus, this study examines the cytotoxic …

An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith

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The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …

Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara

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It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …

#Metoo Innovators: Disrupting The Race And Gender Code By Asian Americans In The Tech Industry, Xuan-Thao Nguyen

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This Article focuses on how Asian American women innovators of the #MeToo generation are disrupting the code of conduct in the tech industry. The code is hard-wired into the tech bro culture of mirrortocracy, resulting in hiring practices that perpetuate existing company demographics and statistics that show that Asian American women face 2.91 times the disadvantage compared to white women. In addition, of all gender and racial groups, Asian American female innovators are the least likely to become executives. This Article identifies and explains how these innovators are the disruptors on several fronts. Utilizing everything from judicial means to traditional …

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron

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The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions. In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

Awakening The American Jury: Did The Killing Of George Floyd Alter Juror Deliberations Forever?, Tamara F. Lawson

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In the summer of 2020, the witnessing of George Floyd's death triggered an outpouring of public expression far beyond other cases in modern times. While the experience led some to advocate for reform and participate in antiracism rallies, marches, and campaigns, it also forced many others into internal reflection, awareness, and awakening to the knowledge of a lived experience with police different from their own. The gruesome realities of the video were irreconcilable with those prior beliefs and did not comport with any moral or legal standards of dignity. Prior to witnessing George Floyd's death on video at the hands …

Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said

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No abstract provided.

Towards The Point Of Care And Noninvasive Classification Of Bladder Cancer From Urine Sediment Infrared Spectroscopy. Spectral Differentiation Of Normal, Abnormal And Cancer Patients, Monika Kujdowicz, David Perezguaita, Piotr Chłosta, Krzysztof Okon, Kamilla Malek

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Bladder cancer (BC) is the 9th cancer cause of death and one of most cost-intensive in the world. The diagnostic tools are still not at all satisfactory. Herein we evaluated the potential of infrared spectroscopy to detect molecular changes that precede and accompany the carcinogenesis in voided urine sediment. We collected 165 samples from patients being diagnosed for BC and measured them with attenuated total reflectance Fourier transformed infrared spectroscopy (ATR FTIR). Samples were primarily divided into three groups according to cytology that indicated the presence of normal, abnormal and cancer cells. ATR FTIR spectra of sediments were analyzed with …

Perspectives On Cyber Security For Offshore Oil And Gas Assets, Iosif Progoulakis, Nikitas Nikitakos, Paul Rohmeyer, Barry Bunin, Dimitrios Dalaklis, Stavros Karamperidis

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In an ever-evolving technological industry, the oil and gas sector is already moving forward through the adaptation of Industry 4.0 and the adaptation of advanced cyber technologies through Oil and Gas 4.0. As IT/OT (information technology/operational technology) systems are evolving technologically, so are the cyber security threats faced by the offshore oil and gas assets. This paper aims to raise the awareness of cyber security threats and the organizational and technical measures that need to be adopted by the oil and gas industry for remote and complex assets in the upstream sector. A comprehensive literature review covering the areas of …

Perspectives On Cyber Security For Offshore Oil And Gas Assets, Iosif Progoulakis, Nikitas Nikitakos, Paul Rohmeyer, Barry Bunin, Dimitrios Dalaklis, Stavros Karamperidis

Articles

In an ever-evolving technological industry, the oil and gas sector is already moving forward through the adaptation of Industry 4.0 and the adaptation of advanced cyber technologies through Oil and Gas 4.0. As IT/OT (information technology/operational technology) systems are evolving technologically, so are the cyber security threats faced by the offshore oil and gas assets. This paper aims to raise the awareness of cyber security threats and the organizational and technical measures that need to be adopted by the oil and gas industry for remote and complex assets in the upstream sector. A comprehensive literature review covering the areas of …

The Northwest Passage In The Arctic : A Brief Assessment Of The Relevant Marine Transportation System And Current Availability Of Search And Rescue Services, Rebecca Sheehan, Dimitrios Dalaklis, Anastasia Christodoulou, Megan Drewniak, Peter Raneri, Angelos Dalaklis

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No abstract provided.

Cr Cybermar As A Solution Path Towards Cybersecurity Soundness In Maritime Logistics Domain, Monica Canepa, Fabio Ballini, Dimitrios Dalaklis, Seyedvahid Vakili, Luis Miguel Colmenares Hernandez

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Cybersecurity is now considered as one of the main challenges for the maritime sector. At the same time, the maritime transport industry remains one of the most relevant and driving sectors for the global economy in terms of both the number and operations of active companies, and infrastructure and investments, thanks to the policies pushed to attract the latter. Maritime information systems, whether on board ships or in ports, are numerous, built with standard components available on the market and in many cases designed without factoring in well the ever-growing cyber risk. Digital infrastructure has become essential in operating and …

Repercussions Of A Weak Ocean Governance And A Non-Existent Maritime Security Policy : The Resurgence Of Piracy And Armed Robbery In The Gulf Of Mexico, Adriana Avila-Zúñiga Nordfjeld, Dimitrios Dalaklis

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Piracy and armed robbery attacks against vessels at anchoring areas of ports in the Southern Gulf of Mexico and oil platforms located in the region have increased significantly during the last three years. Only during the first seven months of 2020, research efforts have documented 14 piratical attacks, but only 3 of them were officially reported to the International Maritime Organization (IMO) by the attacked vessel’s flag jurisdiction and not by Mexico, the State where these incidents occurred.

Maritime Robotics And Autonomous Systems Operations : Exploring Pathways For Overcoming International Techno-Regulatory Data Barriers, Tafsir Martin Johansson, Dimitrios Dalaklis, Aspasia Pastra

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The current regulatory landscape that applies to maritime service robotics, aptly termed as robotics and autonomous systems (RAS), is quite complex. When it comes to patents, there are multifarious considerations in relation to vessel survey, inspection, and maintenance processes under national and international law. Adherence is challenging, given that the traditional delivery methods are viewed as unsafe, strenuous, and laborious. Service robotics, namely micro aerial vehicles (MAVs) or drones, magnetic-wheeled crawlers (crawlers), and remotely operated vehicles (ROVs), function by relying on the architecture of the Internet of Robotic Things. The aforementioned are being introduced as time-saving apparatuses, accompanied by the …

How To Promote Exclusive Breastfeeding In Ireland: A Qualitative Study On Views Of Chinese Immigrant Mothers, Haoyue Chen, Qianling Zhou, Tanya M. Cassidy, Katherine Younger, Siao Shen, John M. Kearney

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Background The exclusive breastfeeding rate in Ireland is very low with extremely slow annual growth.The population of immigrants in Ireland is increasing. Improving exclusive breastfeeding practice amongimmigrants may contribute to the overall improvement of exclusive breastfeeding rates in Ireland. Thisstudy was conducted to elicit recommendations on improving exclusive breastfeeding rate for six monthsamong Chinese immigrants in Ireland. Methods Fourteen semi-structured in-depth individual interviewswere conducted with Chinese immigrant mothers resident in Ireland, who breastfed exclusively for four to six months.

The Right To Benefit From Big Data As A Public Resource, Mary D. Fan

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The information that we reveal from interactions online and with electronic devices has massive value—for both private profit and public benefit, such as improving health, safety, and even commute times. Who owns the lucrative big data that we generate through the everyday necessity of interacting with technology? Calls for legal regulation regarding how companies use our data have spurred laws and proposals framed by the predominant lens of individual privacy and the right to control and delete data about oneself. By focusing on individual control over droplets of personal data, the major consumer privacy regimes overlook the important question of …

Public (Ai)Ccomodations, Jevan Hutson, Deepak George, Aj Kidd, Sulaf Al-Saif, Mandy (Meiyun) Ku, Devin Glaser, Devin Glaser

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This Note discusses the use of Al surveillance in places of public accommodations and its implications for civil rights and antidiscrimination law. Part I documents the extensive Al surveillance employed in areas of public accommodation, where American antidiscrimination laws explicitly provide for elevated protection. Part II uses critical race theory to explore how contemporary antidiscrimination law marries two approaches to antidiscrimination in a way that undercuts its own ability to remedy injustice. Part III reveals how antidiscrimination law fails to address issues implicated by Al surveillance in areas of public accommodations, and Part IV proposes a simple solution: abolish it.