Digital Commons Network^™

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

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All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. Although many scholars have applied the tools of economic analysis to consider whether IP law is successful in encouraging cumulative innovation, that work has rested on a set of untested assumptions about creators’ behavior. This Article reports four novel creativity experiments that begin to test those assumptions. In particular, …

Corporate Intent And Corporate Crime: A Matter Of Inference, Caroline Bradley

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No abstract provided.

"Immigrants Are Not Criminals": Respectability, Immigration Reform, And Hyperincarceration, Rebecca Sharpless

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Mainstream pro-immigrant law reformers advocate for better treatment of immigrants by invoking a contrast with people convicted of a crime. This Article details the harms and limitations of a conceptual framework for immigration reform that draws its narrative force from a contrast with people-citizens and noncitizens-who have been convicted of a criminal offense and proposes an alternate approach that better aligns with racial and class critiques of the U.S. criminal justice system. Noncitizens with a criminal record are overwhelmingly low-income people of color. While some have been in the United States for a short period of time, many have resided …

Post-Crisis Legal Education: Some Premature Thoughts, David Yellen

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No abstract provided.

Mind The Analytical Gap! Tracing A Fault Line In Daubert, Susan Haack

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No abstract provided.

Collaboration Between Schools And Child Welfare Agencies In Florida To Address The Educational Needs Of Children In Foster Care, Kele Stewart, Vanessa Thorrington

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No abstract provided.

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

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No abstract provided.

Antitrust In Zero-Price Markets: Applications, John M. Newman

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"Free" products have exploded in popularity along with widespread Internet adoption-but many of them are not truly free. Customers often trade their attention or personal information to access zero-price products. This exchange dynamic brings zero-price markets within the scope of antitrust law. But despite the critical role that such markets now play in modern economies, the antitrust enterprise has largely failed to account for their unique attributes.

In response, this Article undertakes two primary tasks. The first is to address particular areas of current antitrust doctrine that require revision or reinterpretation in the face of zero prices. Topics addressed include …

Rebellious Pedagogy And Practice, Anthony V. Alfieri

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Gerald Lopez's ground breaking book, Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice, introduced new critical pathways and perspectives for clinical educators to better understand and enhance their advocacy, teaching, and scholarship. Indeed, Lopez's interdisciplinary investigation of the local, sociocultural context of the lawyering process produced a marked shift in both the pedagogy and the practice of public interest law, particularly civil rights and poverty law. A quarter century after its publication, Rebellious Lawyering stands out not only for its contextual critique of lawyering theory and practice, but also for its multifaceted integration of law, cultural studies, race …

Men, Women, And Optimal Violence, Mary Anne Franks

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While both men and women can, and do, use violence against each other, men's violence against women is far more common, less justified, and more destructive than women's violence against men. One of the reasons for this asymmetry is that men do not fear retaliation for violence against women, whereas women do fear retaliation for their use of violence against men. The distribution of violence between the genders, then, is suboptimal. Society would be better off as a whole if more women were willing to engage in justified violence against men, and fewer men were willing to engage in unjustified …

Ready, Fire, Aim: How Universities Are Failing The Constitution In Sexual Assault Cases, Tamara Rice Lave

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This Article looks critically at the procedural protections American universities give students accused of sexual assault. It begins by situating these policies historically, providing background to Title IX and the different guidelines promulgated by the Department of Education. Next, it presents original research on the procedural protections provided by the fifty flagship state universities. In October 2014, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof right to an adjudicatory hearing, right to confront and cross examine witnesses, right to counsel, right to silence, and right to appeal. …

Risky Ip, Andres Sawicki

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No abstract provided.

Crime Logic, Campus Sexual Assault, And Restorative Justice, Donna Coker

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No abstract provided.

The Challenges Of Leading Change In Health-Care Delivery From The Frontline, Vivienne Byers

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Aim: The public sector is facing turbulent times and this challenges nurses, who are expected to serve both patient interests and the efficiency drives of their organisations. In the context of implementing person-centred health policy, this paper explores the evolving role of front-line nurses as leaders and champions of change.

Background: Nurses can be seen to have some autonomy in health-care delivery. However, they are subject to systems of social control. In implementing person- centred policy, nurses can be seen to be doing the best they can within a constrained environment.

Method: A survey of nursing practice in person-centred health-policy …

Catholic Guilt : Longing And Belonging In The Fiction Of François Mauriac And John Mcgahern, Eamon Maher

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No abstract provided.

On Hearsay, Richard A. Posner

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No abstract provided.

The Difficulties Of Democratic Mercy, Aziz Huq

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No abstract provided.

Measuring The Impact Of Plausibility Pleading, Alexander A. Reinert

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Ashcroft v. Iqbal and its predecessor, Bell Atlantic Corp. v. Twombly, introduced a change to federal pleading standards that had remained essentially static for five decades. Both decisions have occupied the attention of academics, jurists, and practitioners since their announcement. Iqbal alone has, as of this writing, been cited by more than 95,000 judicial opinions, more than 1,400 law review articles, and innumerable briefs and motions. Many scholars have criticized Iqbal and Twombly for altering the meaning of the Federal Rules of Civil Procedure outside the traditional procedures contemplated by the Rules Enabling Act. Almost all commentators agree that …

Fatigue Modeling Via Mammalian Auditory System For Prediction Of Noise Induced Hearing Loss, Pengfei Sun, Jun Qin, Kathleen Campbell

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Noise induced hearing loss (NIHL) remains as a severe health problem worldwide. Existing noise metrics and modeling for evaluation of NIHL are limited on prediction of gradually developing NIHL (GDHL) caused by high-level occupational noise. In this study, we proposed two auditory fatigue based models, including equal velocity level (EVL) and complex velocity level (CVL), which combine the high-cycle fatigue theory with the mammalian auditory model, to predict GDHL. The mammalian auditory model is introduced by combining the transfer function of the external-middle ear and the triple-path nonlinear (TRNL) filter to obtain velocities of basilar membrane (BM) in cochlea. The …

Using Sequential Mixed Methods In Enterprise Policy Evaluation: A Pragmatic Design Choice?, Anthony Paul Buckley

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How might policy instruments contribute to indigenous firm growth and how can the effects of these instruments be evaluated at both firm and policy level? This paper illustrates how a mixed methods research design and data analysis strategy can pragmatically address the research questions outlined above. The advantages and challenges of employing quantitative research methods (what happened?) followed by confirmatory qualitative research methods (how and why did it happen?) in a multiphase sequential explanatory design is explored. The data analysis strategy is firstly to analyse the data generated from a ‘before and after’ quasi-experiment (with statistical controls), then data from …

Chevron Is Dead; Long Live Chevron, Michael Herz

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The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. continues to obsess academics and courts alike. Despite all the attention, however; the "Chevron revolution" never quite happens. This decision, though seen as transformatively important, is honored in the breach, in constant danger of being abandoned, and the subject of perpetual confusion and uncertainty. This Essay seeks both to bury and to praise Chevron.

Chevron is not a revolutionary shift of authority from the judiciary to the executive. That Chevron is dead. The Chevron that survives is an appropriate allocation of decisionmaking responsibility among the three …

With Marriage On The Decline And Cohabitation On The Rise, What About Marital Rights For Unmarried Partners?, Lawrence W. Waggoner

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This article draws attention to a cultural shift in the formation of families that has been and is taking place in this country and in the developed world. Part I uses recent government data to trace the decline of marriage and the rise of cohabitation in the United States. Between 2000 and 2010, the population grew by 9.71 %, but the husband and wife households only grew by 3.7%, while the unmarried couple households grew by 41.4%. A counter-intuitive finding is that the early 21st century data show little correlation between the marriage rate and economic conditions. Because of the …

Contract Remedies In Action: Specific Performance, Yonathan A. Arbel

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How is a right to specific performance of a contract used by parties? Despite longstanding scholarly interest in the topic, this question has been largely left unexplored. This Article presents a qualitative study of parties and attorneys involved in specific performance litigation. It investigates how parties choose between remedies, whether they negotiate after judgment for specific performance, whether specific performance is implemented, and the difficulties involved in its implementation.

The findings reveal important theoretical oversights and challenges to prevailing law. In practice, many plaintiffs opt out of specific performance. This is puzzling as expectation damages are notoriously under compensatory relative …

Improving Operator Situational Awareness With Wide Area Geographic Data View Displays Of The Electric Power Grid, Esa M. Rantanen, Limor Hochberg, Diego Klabjan, Mingyang Di

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To reduce clutter on wide-area geographic data view displays of electric power systems, substations in geographically compact areas should be spread out and line overlaps and intersections minimized. Such pat- terns optimized with respect to given constraints can be modeled as a multicommodity flow problem. Due to the size of the developed model, we developed two clustering-based iterative algorithms to decompose the global network into smaller regions and then iteratively solve the subproblem in each region by readjusting some values. Three solutions were selected for experimental evaluation. The experimental results were somewhat inconclusive, due to naïve participants, simple task, and …

Don't Ask, Must Tell—And Other Combinations, Adam M. Samaha, Lior Strahilevitz

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No abstract provided.

Perceived Adequacy Of Illumination, Spatial Brightness, Horizontal Illuminance And Mean Room Surface Exitance In A Small Office, James Duff, Kevin Kelly, Christopher Cuttle

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This paper presents a pilot study that investigated the suitability of mean room surface exitance as a predictor of spatial brightness and perceived adequacy of illumination, and then compared these results with how horizontal illuminance predicted both items under the same conditions. The experiment included 26 participants. A small office was used for the study. It exposed participants to three levels of mean room surface exitance, each delivered with three different light distributions and across three different surface reflectances, resulting in a total of 27 light scenes. A clear relationship existed between mean room surface exitance and both perceived adequacy …

‘Ireland On A Plate’: Curating The 2011 State Banquet For Queen Elizabeth Ii, Elaine Mahon

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State dining has been shown to define the social, cultural and political position of a nation’s leaders (Albala, 2011; Baughman, 1959; Strong, 2003) and has been used by rulers for centuries to display wealth, cement alliances and impress foreign visitors (Albala, 2007; De Vooght and Scholliers, 2011; Young, 2002). This paper will show how the state banquet for Queen Elizabeth II was carefully curated to represent Ireland’s diplomatic, cultural and culinary identity. As the first visit by a reigning British monarch since Ireland had gained independence from Britain in 1922, the state visit of Queen Elizabeth II to Ireland in …

Peer Victimization And Drd4 Genotype Influence Problem Behaviors In Young Children, Lisabeth Fisher Dilalla, Kyle Bersted, Sufna Gheyara John

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Decades of research supports the presence of significant genetic influences on children’s internalizing (emotional), externalizing (acting out), and social difficulties, including victimization. Additionally, being victimized has been shown to relate to further behavioral problems. The current study assessed the nature of the gene-environment relationships between the DRD4 gene, peer victimization, and externalizing and internalizing difficulties in 6- to 10-year- old children. 174 children (56% girls; 88.6% Caucasian, 3.4% African American, 8% mixed race or Mayan) and their parents were administered victimization and problem behavior questionnaires, and DRD4 was genotyped for the children. An interaction between genes (DRD4) and environment (victimization) …

Co-Location, Co-Location, Co-Location: Land Use And Housing Priorities Reimagined, Lee Anne Fennell

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No abstract provided.

Genetic Influences On Peer And Family Relationships Across Adolescent Development: Introduction To The Special Issue, Lisabeth Fisher Dilalla, Paula Y. Mullineaux

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Nearly all aspects of human development are influenced by genetic and environmental factors, which conjointly shape development through several gene-environment interplay mechanisms. More recently, researchers have begun to examine the influence of genetic factors on peer and family relationships across the pre-adolescent and adolescent time periods. This article introduces the special issue by providing a critical overview of behavior genetic methodology and existing research demonstrating gene-environment processes operating on the link between peer and family relationships and adolescent adjustment. The overview is followed by a summary of new research studies, which use genetically informed samples to examine how peer and …