Digital Commons Network^™

The Pure Theory Of Law Is A Hole In The Ozone Layer, Peter Goodrich

Articles

The article critiques the Pure Theory of Law, arguing that it is inadequate and detached from the dynamic and creative aspects of legal practice. The author advocates for a reimagined legal theory that integrates critical perspectives, embodiment, and a connection to the natural world, emphasizing the need for adaptability and responsiveness over static dogma.

Doctors Can’T Be Doctors All Of The Time’: A Qualitative Study Of How General Practitioners And Medical Students Negotiate Public-Professional And Private-Personal Realms Using Social Media, Megan Marshal

Articles

Objective The objective of this study is to explore the experiences and perspectives of general practitioners’ and medical students’ use of, and behaviour on, social media and to understand how they negotiate threats to professional and personal life on social media. Design A two-phase qualitative design was used, consisting of semistructured interviews and follow-up vignettes, where participants were asked to respond to vignettes that involved varying degrees of unprofessional behaviour. Data were analysed using template analysis. Setting and participants Participants were general practitioner tutors and third year medical students who had just completed placement on the University of Limerick longitudinal …

Above And Beyond: Ethics And Responsibility In Civil Engineering, Shannon Chance, Rob Lawlor, Inês Direito Direito, John Mitchell

Articles

This exploratory study investigates how nine London-based civil engineers have enacted ‘global responsibility’ and how their efforts involve ethics and professionalism. The study assesses moral philosophies related to ethics, as well as professional engineering bodies’ visions, accreditation standards, and requirements for continuing professional development. Regarding ethics, the study questions where the line falls between what an engineer ‘must do’ and what ‘would be good to do’. Although the term ethics did not spring to mind when participants were asked about making decisions related to global responsibility, participants’ concern for protecting the environment and making life better for people did, nonetheless, …

Electrodeposition From A Graphene Bath: A Sustainable Copper Composite Alloy In A Graphene Matrix, Hayley Richardson, Charles Bopp, Bao Ha, Reeba Thomas, Kalathur S.V. Santhanam

Articles

The leaching effect of metals has led to the introduction of government regulations for the safety of the environment and humans. This has led to the search for new alloys with long-lasting sustainability. Herein, we wish to report a new brass alloy containing carbon with a remarkable sustainability produced by electrodeposition from a graphene quantum dots bath. The electrochemical measurements were carried out using cyclic voltammetry, potentiodynamic analysis, and Tafel measurements, and the deposits were characterized by X-ray fluorescence spectroscopy (XRF), Raman imaging, X-ray diffraction (XRD), atomic force microscopy (AFM), and scanning electron microscopy (SEM) to understand the surface morphology …

Data: The Good, The Bad And The Ethical, John D. Kelleher, Filipe Cabral Pinto, Luis M. Cortesao

Articles

It is often the case with new technologies that it is very hard to predict their long-term impacts and as a result, although new technology may be beneficial in the short term, it can still cause problems in the longer term. This is what happened with oil by-products in different areas: the use of plastic as a disposable material did not take into account the hundreds of years necessary for its decomposition and its related long-term environmental damage. Data is said to be the new oil. The message to be conveyed is associated with its intrinsic value. But as in …

A Review Of Bleeding Risk With Impella-Supported High-Risk Percutaneous Coronary Intervention, George W. Vetrovec, Amir Kaki, Thom G. Dahle

Articles

Complex, high-risk percutaneous coronary intervention (HR-PCI) is increasingly being performed, often with mechanical circulatory support (MCS), though to date, there are limited randomised data on the efficacy of MCS for HR-PCI. The majority of MCS is provided by intra-aortic balloon pumps, but increasingly Impella® (Abiomed, Danvers, MA, USA) heart pumps are being used. While the Impella pumps provide greater increases in cardiac output, these devices require large bore access, which has been associated with an increased risk of bleeding and vascular complications. Decisions regarding the use of Impella are often based on risk–benefit considerations, with Impella-related bleeding risk being a …

Covid-19 Reflections On Resilience And Reform In The Child Welfare System, Robert Latham, Kele Stewart

Articles

No abstract provided.

Feigned Consensus: Usurping The Law In Shaken Baby Syndrome/Abusive Head Trauma Prosecutions, Keith A. Findley, D. Michael Risinger, Patrick D. Barnes, Julie A. Mack, David A. Moran, Barry C. Scheck, Thomas L. Bohan

Articles

Few medico-legal matters have generated as much controversy--both in the medical literature and in the courtroom--as Shaken Baby Syndrome (SBS), now known more broadly as Abusive Head Trauma (AHT). The controversies are of enormous significance in the law because child abuse pediatricians claim, on the basis of a few non-specific medical findings supported by a weak and methodologically flawed research base, to be able to “diagnose” child abuse, and thereby to provide all of the evidence necessary to satisfy all of the legal elements for criminal prosecution (or removal of children from their parents). It is a matter, therefore, in …

The Life And Death Of Confederate Monuments, Jessica Owley, Jess Phelps

Articles

Confederate monuments have again received increased attention in the aftermath of George Floyd's tragic death in Minneapolis, Minnesota, on May 25, 2020. Momentum and shifting public opinion are working toward the removal of these problematic monuments across the country. This Article seeks to provide insight for monument-removal advocates: specifically focusing on the legal issues associated with the "death" or removal of these monuments, how property law shapes and defines these efforts, and briefly examining what happens to these statues after removal. Our exploration of Confederate monuments reveals that some removal efforts occur outside of legally created processes. Both public and …

All-Caps, Yonathan A. Arbel, Andrew Toler

Articles

A hallmark of consumer contracts is their use of long blocks of capitalized text. These "all-caps" clauses are meant to alert consumers to nonstandard, risky, or important aspects of the transaction that would otherwise be hidden in the fine print. Based on a belief in the power of all-caps, courts will often deny enforcement of many key terms-such as war­ranty disclaimers, liability releases, arbitration clauses, and automatic billing-unless they are presented in all-caps. This article is the first to empirically examine the effectiveness of all-caps. Using an experimental methodology, the article finds that all-caps fail to apprecia­bly improve consent. Moreover, …

Incorporating Social Science Into Criminal Defense Practice, Eve Brensike Primus

Articles

In recent decades, social scientists have created a treasure trove of empirical and sociological data that defenders can and should use to help their clients. Evidence rules, criminal law, and criminal procedure are filled with concepts informed by social science. When is evidence likely to unfairly prejudice a defendant in the eyes of a jury? Do police interact differently with members of minority populations and how should that inform concepts of reasonableness? How easy or difficult is it for people to identify individuals they see during high-stress criminal episodes? How effective are police interrogation tactics at getting at the truth …

The Executive Branch Anticanon, Deborah Pearlstein

Articles

Donald Trump’s presidency has given rise to a raft of concerns not just about the wisdom of particular policy decisions but also about the prospect that executive actions might have troubling longer term “precedential” effects. While critics tend to leave undefined what “precedent” in this context means, existing constitutional structures provide multiple mechanisms by which presidential practice can influence future executive branch conduct: judicial actors rely on practice as gloss on constitutional meaning, executive branch officials rely on past practice in guiding institutional norms of behavior, and elected officials outside the executive branch and the people themselves draw on past …

Required Reading: The Role Of The Literary Scholar In Mapping Difference And Prompting Interest In Distant Destinations, Sue Norton

Articles

Taking account of research into the relationship between the reading of narrative fiction and niche tourism, this article speculates on the role of the university lecturer of literature in shaping the touristic desires of students. It is especially interested in the influence of European based lecturers of American fiction as they stimulate the geographic imaginations of their learners. Since cultural capital accrues through the reading of serious works of literature, the influence of lecturers is likely to have some bearing on the eventual travel destinations of university graduates prompted to seek out the material locations that they have read about …

Stop, Think, Check: Ireland's Be Media Smart Campaign, Philip Russell

Articles

‘Be Media Smart’ is an Irish public awareness campaign calling on people of all ages to ‘Be Media Smart’ and ‘Stop, Think, and Check’ that information they see, read or hear across any media platform is accurate and reliable. This national media literacy campaign was aimed at enhancing people’s understanding of, and engagement with, media, while also empowering them with the skills to evaluate content across all platforms.

There Will Be Floods: Armoring The People Of Florida To Make Informed Decisions On Flood Risk, Natalie N. Barefoot, Daniela Tagtachian, Abigail L. Fleming, Gabriela Falla, Bethany Blakeman, Natalie Cavellier

Articles

In Florida, a peninsula surrounded by water with the second-lowest mean elevation in the country, there will be floods.[1] A global study ranking cities most vulnerable to losses from flooding lists Miami first in the United States and sixth globally; Tampa-St. Petersburg is listed as 16th globally.[2] Yet there are no state statutes or regulations in Florida that require a seller or landlord to make flood-related disclosures to homebuyers and renters. In contrast, while varying in scope, 29 states require flood-risk disclosures in real estate transactions.[3] Though Florida should be leading in this arena, in an evaluation of nationwide flood …

Aesthetics, Culture, Power Critical Deaf Pedagogy And Asl Video-Publications As Resistance-To-Audism In Deaf Education And Research, Michael E. Skyer, Laura Cochell

Articles

From a critical pedagogy standpoint, we examined a bilingual (American Sign Language [ASL] and English) video-publication titled “Seizing Academic Power.” The video-publication explores interactions of power and knowledge in deaf education and research and proposes tools to subvert ableism and deficit ideologies within them. By centralizing multiple visuospatial modalities, the video-publication’s medium is also its message. Qualitative data were produced and analyzed via structured coding cycles then interpreted through two theoretical frameworks focused on culture and aesthetics in critical pedagogy. Our analysis highlights conflicts at the nexus of ontology, epistemology, axiology, and methodology of deaf education and research. Findings reveal …

Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave

Articles

No abstract provided.

Against Fascism: Toward A Latcritical Legal Genealogy, Elizabeth M. Iglesias

Articles

No abstract provided.

How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman

Articles

No abstract provided.

Back To The Future: Creating A Bipartisan Environmental Movement For The 21st Century, David M. Uhlmann

Articles

With a contentious presidential election looming amidst a pandemic, economic worries, and historic protests against systemic racism, climate action may seem less pressing than other challenges. Nothing could be further from the truth. To prevent greater public health threats and economic dislocation from climate disruption, which will disproportionately harm Black Americans, people of color, and indigenous people, this Comment argues that we need to restore the bipartisanship that fueled the environmental movement and that the fate of the planet—and our children and grandchildren—depends upon our collective action.

On Sexual Harassment In The Judiciary, Leah Litman, Deeva Shah

Articles

This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment.

Minecrafting Bar Mitzvah: Two Rabbis Negotiating And Cultivating Learner-Driven Inclusion Through New Media., Owen Gottlieb

Articles

In 2013, a boy with special needs used the video game Minecraft to deliver the sermon at his bar mitzvah at a Reform synagogue, an apparently unique ritual phenomenon to this day. Using a narrative inquiry approach, this article examines two rabbis’ negotiations with new media, leading up to, during, and upon reflection after the event. The article explores acceptance, innovation, and validation of new media in religious practice, drawing on Campbell’s (2010) framework for negotiation of new media in religious communities. Clergy biography, philosophy, and institutional context all impact the negotiations with new media. By providing context of a …

The Support-Or-Advocacy Clauses, Richard Primus, Cameron O. Kistler

Articles

Two little known clauses of a Reconstruction-era civil rights statute are potentially powerful weapons for litigators seeking to protect the integrity of federal elections. For the clauses to achieve their potential, however, the courts will need to settle correctly a contested question of statutory interpretation: do the clauses create substantive rights, or do they merely create remedies for substantive rights specified elsewhere? The correct answer is that the clauses create substantive rights.

Isolation And Characterization Of A Novel Thermo-Solvent-Stable Lipase From Pseudomonas Brenneri And Its Application In Biodiesel Synthesis, Priyanka Priyanka, Gemma K. Kinsella, Gary T. Henehan, Barry J. Ryan

Articles

Pseudomonads are one of the most studied species of bacteria as they display remarkable metabolic and physiological versatility. This enables them to colonize a wide variety of terrestrial and aquatic habitats, generating biotechnologically interesting enzymes. Here, the partial purification and characterization of a novel, extracellularly-produced, lipase from Pseudomonas brenneri is described. The partially purified lipase was active over a broad pH range (5.0–9.0) and was stable at 70 °C for 45 min. The lipase displayed significant stability, and in some cases activation, in the presence of organic solvents with log P≥2.0. Such stability characteristics indicated that this lipase could potentially …

Exploration Of The Neisseria Resistome Reveals Resistance Mechanisms In Commensals That May Be Acquired By N. Gonorrhoeae Through Horizontal Gene Transfer, Michael A. Fiore, Jordan C. Raisman, Narayan H. Wong, André O. Hudson, Crista B. Wadsworth

Articles

Nonpathogenic Neisseria transfer mutations encoding antibiotic resistance to their pathogenic relative Neisseria gonorrhoeae. However, the resistance genotypes and subsequent phenotypes of nonpathogens within the genus have been described infrequently. Here, we characterize the minimum inhibitory concentrations (MICs) of a panel of Neisseria (n = 26)—including several commensal species—to a suite of diverse antibiotics. We furthermore use whole genome sequencing and the Comprehensive Antibiotic Resistance Database Resistance Gene Identifier (RGI) platform to predict putative resistance-encoding mutations. Resistant isolates to all tested antimicrobials including penicillin (n = 5/26), ceftriaxone (n = 2/26), cefixime (n = 3/26), tetracycline (n = 10/26), azithromycin (n …

Practical Model For Improved Classification Of Trace Chemical Residues On Surfaces In Active Spectroscopic Measurements, Cara P. Murphy, John P. Kerekes, Derek A. Wood, Anish K. Goyal

Articles

No abstract provided.

Practical Model For Improved Classification Of Trace Chemical Residues On Surfaces In Active Spectroscopic Measurements, Cara P. Murphy, John Kerekes, Derek Wood, Anish Goyal

Articles

Trace chemical detection and classification in stand-off reflection-based spectro- scopic data is challenging due to the variability of measured data and the lack of physics-based models that can accurately predict spectra. Most available models assume that the chemical takes the form of spherical particles or uniform thin films. A more realistic chemical presentation that could be encountered is that of a nonuniform chemical film that is deposited after evaporation of the solvent that contained the chemical. We present an improved signature model for this type of solid film. The proposed model, called sparse transfer matrix, includes a log-normal distribution of …

Densitometry, Robert Y. Chung

Articles

This chapter covers how a densitometer works. It also covers density-de-rived values and densitometry applications, including pressrun analysis. After reading this chapter, one should know that a densitometer measures light absorption due to the presence of colorants, such as ink and toner. Being sensitive to differences in dark shades, a densitometer is good at measuring colorant amounts, which makes it an ideal tool for printing-process control.

From "Printing-Process Control and Standardization"

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that …

Lawyers Democratic Dysfunction, Leah Litman

Articles

As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe—elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral to a well-functioning democracy. These network effects eliminate the possibility of “soft” sanctions on norm violators such as withholding future professional advancement. Thus, rather than enforcing norms and deterring norm violations, the networks serve to insulate norm violators from any meaningful accountability.