Digital Commons Network^™

My Life In Crime: An Intellectual History Of The Juvenile Court, Barry Feld

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No abstract provided.

Between Sin And Redemption: Duty, Purpose, And Regulation In Religious Corporations, Brett Mcdonnell

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No abstract provided.

Interpretive Divergence, Neha Jain

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No abstract provided.

Jane The Virgin And Other Stories Of Unintentional Parenthood, June Carbone, Naomi Cahn

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No abstract provided.

Eye Movements Of Deaf And Hard Of Hearing Viewers Of Automatic Captions, Kevin Rathbun, Larwan Berke, Christopher Caulfield, Michael Stinson, Matt Huenerfauth

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To compare methods of displaying speech-recognition confidence of automatic captions, we analyzed eye-tracking and response data from deaf or hard of hearing participants viewing videos.

The Death Of The Firm, June Carbone, Nancy Levit

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This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …

Coverage Information In Insurance Law, Daniel Schwarcz

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The central goal of insurance law is to clarify, produce, and disseminate information about the scope of insurers’ coverage obligations to policyholders. This Article examines how insurance law and regulation seek to achieve these objectives, and to what ends. To do so, it distinguishes among three different types of coverage information: (i) purchaser information, or coverage information that is communicated to policyholders at any time during the purchasing process; (ii) policy information, or coverage information that is contained within the four corners of the insurance policy; and (iii) judicial information, or coverage information that is ascertainable only after researching judicial …

Tales From A Form Book: Stock Stories And Transactional Documents, Karen J. Sneddon

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Legal transactions are stories. They are the stories of marriages, business partnerships, acquisitions, births, and deaths. These stories are built around the hopes, fears, wishes, and concerns of the particular parties to the transaction. But at their core, these stories are not just about the individual circumstances of those parties. At the core of each of these individual stories is a stock story. Virtually every transactional document starts with a form. And stock stories are embedded within each form document. The forms feature ing´enues, tricksters, misers, and sages who undertake journeys, confront mutinies, and at times achieve glory.

This article …

Analysing Supply Chain Resilience: Integrating The Constructs In A Concept Mapping Framework Via A Systematic Literature Review, Abubakar Ali, Amr Mahfouz, Amr Arisha

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Purpose: The purpose of this paper is to analyse the concept of supply chain resilience (SCRES) using a concept mapping framework to seek conceptual clarity, with an emphasis on SCRES definitions, essential capabilities, elements and managerial practices.

Design/methodology/approach: A systematic literature review was conducted of 103 peer-reviewed journal articles covering the period from 2000 to 2015, with the aim to identify supply chain resilience concept.

Findings: Through analysis and synthesis of the literature, the study revealed three major constructs used to define resilience in supply chain: SCRES phases, strategies, and capabilities. The study has addressed five core …

Reneb - Running The European Network Of Biological Dosimetry And Physical Retrospective Dosimetry, Ulrike Kulka, Michael Abend, Liz Ainsbury, Christophe Badie, Joan-Francesc Barquinero, Leonardo Barrios, Christina Beinke, Emanuela Bortolin, Alexandra Cucu, Fiona Lyng

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Purpose: A European network was initiated in 2012 by 23 partners from 16 European countries with the aim to significantly increase individualized dose reconstruction in case of large-scale radiological emergency scenarios.

Bayesian Exponential Random Graph Modelling Of Interhospital Patient Referral Networks, Alberto Caimo, Francesca Pallotti, Alessandro Lomi

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Using original data that we have collected on referral relations between 110 hospitals serving a large regional community, we show how recently derived Bayesian exponential random graph models may be adopted to illuminate core empirical issues in research on relational coordination among healthcare organisations. We show how a rigorous Bayesian computation approach supports a fully probabilistic analytical framework that alleviates well-known problems in the estimation of model parameters of exponential random graph models. We also show how the main structural features of interhospital patient referral networks that prior studies have described can be reproduced with accuracy by specifying the system …

Valuing Identity, Osamudia R. James

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No abstract provided.

Inner-City Anti-Poverty Campaigns, Anthony V. Alfieri

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This article offers a defense of outsider, legal-political intervention and community triage in inner-city anti-poverty campaigns under circumstances of widespread urban social disorganization, public and private sector neglect, and nonprofit resource scarcity. In mounting this defense, the Article revisits the roles of lawyers, nonprofit legal services organizations, and university-housed law school clinics in contemporary anti-poverty, civil rights, and social justice movements, in part by chronicling the emergence of a faith-based municipal equity movement in Miami, Florida. The Article proceeds in four parts. Part I introduces the notion of community triage as a means of addressing the impoverished and segregated aftermath …

The Impact Of L1 Writing System On Esl Knowledge Of Vowel And Consonant Spellings, Katherine I. Martin

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Orthographic knowledge, the general ability to learn, store, and use information about the orthographic form of words (Stanovich & West, 1989), is a crucial skill for supporting literacy. Although the development of first language (L1) orthographic awareness is impacted by the characteristics of a learner’s L1 writing system, relatively little is known about what impact the L1 may have on second language (L2) orthographic awareness. In this study, English language learners from three L1s (French, Hebrew, Mandarin Chinese), plus L1 English speakers, were tested on their English spelling knowledge using a word-pseudohomophone discrimination task. In addition to allowing for the …

Addressing Cultural Bias In The Legal Profession, Debra Chopp

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Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …

Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Leonard M. Niehoff

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I would like to use as the launching pad for my remarks today the 1989 federal district court decision in Doe v. University of Michigan. Doe is the seminal case on campus speech codes and it just recently passed its twenty-fifth anniversary. I thought this symposium would be a good occasion to look back, see where we were, assess where we are, and ask whether we have made any progress. Spoiler alert: the news is not good.

Time To Refocus Assessment Of Vision In Older Adults? Contrast Sensitivity But Not Visual Acuity Is Associated With Gait In Older Adults, James Loughman, Eoin Duggan, Orna Donoghue,, Rose Anne Kenny, Hilary Cronin, Ciarán Finucane

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Background:

The relationship between measures of visual function and gait related risk factors for falls is unclear. In this study, we examine the relationship between visual function (visual acuity [VA] and contrast sensitivity [CS] at multiple spatial frequencies) and quantitative spatiotemporal gait, using a large, nationally representative sample of community dwelling older adults.

Methods: Participants aged 50 and over were recruited as part of The Irish Longitudinal Study on Ageing (TILDA). VA was measured with the LogMAR chart according to the Early Treatment of Diabetic Retinopathy Study protocol. CS was measured at five spatial frequencies ranging 1.5 to 18 cycles …

Cities, Inclusion And Exactions, Audrey Mcfarlane, Randall K. Johnson

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Cities across the country are adopting mandatory inclusionary zoning. Yet, consensus about the appropriate constitutional standard to measure the propriety of mandatory inclusionary zoning has not been fully reached. Under one doctrinal lens, inclusionary zoning is a valid land use regulation adopted to ensure a proper balance of housing within the jurisdiction. Under another doctrinal lens, challengers seek to characterize inclusionary zoning as an exaction, a discretionary condition subject to a heightened standard of review addressing the specific negative impact caused by an individual project on the supply of affordable housing in a jurisdiction. Drawing from the experience of Baltimore, …

Child Rights Trending: Accommodating Children With Disabilities In The Global Human Rights Framework And Us Foreign Policy, Janet E. Lord

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This Article proceeds in three parts. Following the introduction, Part I analyzes the concept of child rights as applied to children with disabilities in instruments antecedent to the CRPD. It goes on to examine the treatment of children with disabilities in the CRC and in the text of the CRPD. In so doing, it exposes the significant conceptual shift in how children with disabilities are characterized as agents and holders of rights in the CRPD, in contrast to prior articulations. Part II explains how this new framework is used to expose and address major human rights issues that face children …

Contracting Correctness: A Rubric For Analyzing Morality Clauses, Patricia S. Abril, Nicholas Greene

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Morality clauses give a contracting party the right to terminate if the other party behaves badly or embarrassingly. A curious product of twentieth-century Hollywood, these contract clauses have traditionally been used to control the antics of entertainers and athletes. The current politically-sensitive historical moment, combined with the internet's ability to broadcast widely and permanently, has put everyone's off-duty speech, conduct, and reputation under the microscope. Media reports detailing people's digital falls from grace abound. For fear of negative association, businesses are more attuned than ever to the extracurricular acts of their agents and associates-and are increasingly binding them to morality …

The Cost Of Inexperience, Mirit Eyal-Cohen

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Free market entry is vital in preventing concentration of market power and eliminating large deadweight losses Yet in recent years studies show that newcomers are less successful than existing firms that have diversifies their products in the market What might explain this phenomenonThis Article unveils a regulatory catch 22 It reveals that although a regulation may be efficient in correcting a certain market failure its distributional effects may create another It exposes the degree to which "economies of experience" in regulation create significant disadvantages to newcomers and provide substantial advantages to oldtimers Being wellversed in their marketplace oldtimers possess knowledge …

Design-Based Research Mobile Gaming For Learning Jewish History, Tikkun Olam, And Civics, Owen Gottlieb

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How can Design-Based Research (DBR) be used in the study of video games, religious literacy, and learning? DBR uses a variety of pragmatically selected mixed methods approaches to design learning interventions. Researchers, working with educators and learners, design and co-design learning artifacts and environments. They analyze those artifacts and environments as they are used by educators and learners, and then iterate based on mixed methods data analysis. DBR is suited for any "rich contextualized setting in which people have agency." (Hoadley 2013) such as formal or informal learning environments.

The case covered in this chapter is a mobile Augmented Reality …

Career Development And Personal Success Profile Of Students - Followers And Students - Potential Future Leaders: The Case Of Rit Croatia, Jasminka Samardzija, Joseph Kevin Walker, Vanda Bazdan

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This study examines the differences among students in terms of self-reported leadership characteristics. It was conducted among all three programs and four generations of undergraduates at RIT Croatia. The goal of this study is to determine the differences among students who report being more and less leadership prone (Potential Future Leaders and Followers, respectively) with regard to demographic characteristics, reported self reliance socialization pattern, college level and program choice, career focus attainment and development, and reported attitudes regarding the importance of specific personality traits in leadership, the importance of specific career development factors and success indicators. Research showed that generation …

Privacy, Vulnerability, And Affordance, Ryan Calo

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This essay begins to unpack the complex, sometimes contradictory relationship between privacy and vulnerability. I begin by exploring how the law conceives of vulnerability — essentially, as a binary status meriting special consideration where present. Recent literature recognizes vulnerability not as a status but as a state — a dynamic and manipulable condition that everyone experiences to different degrees and at different times. I then discuss various ways in which vulnerability and privacy intersect. I introduce an analytic distinction between vulnerability rendering, i.e., making a person more vulnerable, and the exploitation of vulnerability whether manufactured or native. I also describe …

Astroturf Activism, Melissa J. Durkee

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Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law.

This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …

A Transactional Theory Of The Reader In Copyright Law, Zahr K. Said

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Copyright doctrine requires judges and juries to engage in some form of experiencing or “reading” artistic works to determine whether these works have been infringed. Despite the central role that this reading—or viewing, or listening—plays in copyright disputes, copyright law lacks a robust theory of reading, and of the proper role for the “reader.” Reading matters in copyright cases, first, because many courts rely on the “ordinary observer” standard to determine infringement, which requires figuring out or assuming how an ordinary observer would read the works at issue. Second, most courts characterize a key part of infringement analysis as a …

The Taking Economy: Uber, Information, And Power, Ryan Calo, Alex Rosenblat

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Sharing economy firms such as Uber and Airbnb facilitate trusted transactions between strangers on digital platforms. This creates economic and other value but raises concerns around racial bias, safety, and fairness to competitors and workers that legal scholarship has begun to address. Missing from the literature, however, is a fundamental critique of the sharing economy grounded in asymmetries of information and power.

This Essay, coauthored by a law professor and a technology ethnographer who studies work, labor, and technology, furnishes such a critique and proposes a meaningful response through updates to consumer protection law. Commercial firms have long used what …

Hacking Qualified Immunity: Camera Power And Civil Rights Settlements, Mary D. Fan

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Excessive force cases are intensely fact-specific. Did the suspect resist, necessitating the use offorce? What threat did the suspect pose, if any? Was the use of force excessive in light of the situation? These are judgment calls based on myriad facts that differ from case to case. Establishing what really happened forces courts and juries to wade into a fact-bound morass filled with fiercely conflicting defendant-said, police-said battles.

Now an evidentiary transformation is underway. We are in an era where the probability of a police encounter being recorded has never been higher. With the rise of recording—by the public as …

Justice Visualized: Courts And The Body Camera Revolution, Mary D. Fan

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What really happened? For centuries, courts have been magisterially blind, cloistered far away from the contested events that they adjudicate, relying primarily on testimony to get the story—or competing stories. Whether oral or written, this testimony is profoundly human, with all the passions, partisanship and imperfections of human perception.

Now a revolution is coming. Across the nation, police departments are deploying body cameras. Analyzing body camera policies from police departments across the nation, the article reveals an unfolding future where much of the main staple events of criminal procedure law will be recorded. Much of the current focus is on …

Assessment Of Mental Workload: A Comparison Of Machine Learning Methods And Subjective Assessment Techniques, Karim Moustafa, Saturnino Luz, Luca Longo

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Mental workload (MWL) measurement is a complex multidisciplinary research field. In the last 50 years of research endeavour, MWL measurement has mainly produced theory-driven models. Some of the reasons for justifying this trend includes the omnipresent uncertainty about how to define the construct of MWL and the limited use of datadriven research methodologies. This work presents novel research focused on the investigation of the capability of a selection of supervised Machine Learning (ML) classification techniques to produce data-driven computational models of MWL for the prediction of objective performance. These are then compared to two state-of-the-art subjective techniques for the assessment …