Digital Commons Network^™

Dynamic Energy Federalism, Hari M. Osofsky, Hannah J. Wiseman

Articles

U.S. energy law and the scholarship analyzing it are deeply fragmented. Each source of energy has a distinct legal regime, and limited federal regulation in some areas has resulted in divergent state and local approaches to regulation. Much of the existing energy law literature reflects these substantive and structural divisions, and focuses on particular aspects of the energy system and associated federalism disputes. However, in order to meet modern energy challenges — such as reducing risks from deepwater drilling and hydraulic fracturing, maintaining the reliability of the electricity grid in this period of rapid technological change, and producing cleaner energy …

Risks And Safety On The Internet: Comparing Brazilian And European Children, Alexander Barbosa, Brian O'Neill, Cristina Ponte, Simões Simões, Tatiana Jereissati

Articles

A child’s home and school are the most frequently reported locations of internet use in Brazil: 60% of Brazilian children aged 9 to 16 who used the internet claimed to access it from home, and 42% from school, whereas in Europe this proportion is 87% for home access and 63% for schools.

However, when it comes to accessing the network from publicly sponsored internet access centres such as Local Area Network (LAN) Houses or cybercafés, the value in Brazil is considerably higher when compared to Europe, 35% against 12% respectively. Access from public libraries is far more popular in Europe …

Learning From Learning Groups, Mike Murphy, S. M. Chance, Gavin Duffy, Brian Bowe

Articles

Collaborative learning is a key, and complementary, component of student-centred enquiry-based pedagogy. Today, many educators understand that students learn effectively when working together with their peers to construct new knowledge. Many teachers are working to help their students develop such ability. Teachers do this to help students better understand the relevance of new content, connect new ideas into existing frameworks of understanding, and construct new neurological pathways and connect synapses in their brains. In addition, group learning has been shown to increase students’ critical thinking skills, creativity, collaborative behaviours, understanding of ethics, and the like. In the literature, attention has …

Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri

Articles

No abstract provided.

Barriers And Solutions To Recruitment Strategies Of Students Into Post-Secondary Agricultural Education Programs: A Focus Group Approach, Jennifer Calvin, Seburn L. Pense

Articles

This qualitative study utilized focus group interviews of secondary Illinois agricultural education teachers to investigate the continuing problem of student recruitment into teacher preparation pro-grams of agricultural education. Using signal theory, image theory and person-organization fit theory, the researchers identified five themes relating to recruitment issues: time, the economy, family, technology and image. Each theme is described through the words of the participants and solutions are suggested for improving recruitment.

A Taxonomy Of Massive Data For Optimal Predictive Machine Learning And Data Mining, Ernest Fokoue

Articles

No abstract provided.

On The Predictive Analytics Of The Probit And Logit Link Functions, Necla Gunduz, Ernest Fokoue

Articles

Researchers and practitioners have long held that the probit and logit link functions generally yield the same performance in binary classification. Despite this widespread recognition of the strong similarities between these two link functions, very few (if any) researchers have dedicated time to carry out a formal study aimed at establishing and characterizing firmly all the aspects of the similarities and differences. This paper proposes a definition of both structural and predictive equivalence link functions-based binary regression models, and provides both a theoretical and computational justification of the long held claim that probit and logit are indeed very similar. From …

On The Role Of Cost-Benefit Analysis In Criminal Justice Policy: A Response To The Imprisoner's Dilemma, Sonja B. Starr

Articles

With one in 100 adult Americans behind bars, and prison budgets consuming an increasing share of state budgets, few social policy issues compare in significance to the debate over which criminal offenders should be incarcerated and for how long. David Abrams' article, The Impriasoner's Dilemma: A Cost-Benefit Approach to Incarceration,' makes an important contribution to that debate, offering an economic approach to assessing the net benefits of holding or freeing prisoners on the incarceration margin. In this short Response, I first highlight several strengths of Abrams' piece and discuss the possible case that could be made for incorporating formal cost-benefit …

Bedside Bureaucrats: Why Medicare Reform Hasn't Worked, Nicholas Bagley

Articles

Notwithstanding its obvious importance, Medicare is almost invisible in the legal literature. Part of the reason is that administrative law scholars typically train their attention on the sources of external control over agencies’ exercise of the vast discretion that Congress so often delegates to them. Medicare’s administrators, however, wield considerably less policy discretion than the agencies that feature prominently in the legal commentary. Traditional administrative law thus yields slim insight into Medicare’s operation. But questions about external control do not—or at least they should not—exhaust the field. An old and often disregarded tradition in administrative law focuses not on external …

Law School As Liberal Education, Sherman J. Clark

Articles

The president of a liberal arts college, if asked why college is worthwhile, would be able to respond on several levels. He or she would certainly say something about the value of the degree as a credential to help students get a job or get into graduate school. In addition, he or she would likely emphasize the professional value of the skills and capacities developed through a liberal education, which can help students succeed at work or in graduate school. More deeply, however, we would expect that he or she would have something to say about the intrinsic value of …

Gender And New Wars, Christine M. Chinkin, Mary Kaldor

Articles

War plays an important role in the construction of gender, or the social roles of men and women. This article analyzes the gendered experience of what Kaldor calls "new wars." It shows that new wars are largely fought by men in the name of a political identity that usually has a significant gender dimension. They use tactics that involve deliberate attacks on civilians, including systematic rape as a weapon of war, and are financed by predatory economic activities that tend to affect women more than men. The article describes the ways in which laws relating to gendered violence have been …

Engaging Students In The Classroom: How Can I Know What I Think Until I See What I Draw?, Paul Donnelly, John Hogan

Articles

Recognising that the world into which students emerge upon graduation is characterised by constant change, we embrace a critical pedagogy that can be implemented in the classroom through the use of freehand drawing. Freehand drawing is a technique that can stimulate a critical stance, as visual representations allow us to comprehend the world differently, while permitting us see how others understand the world. First year students, in their first lecture, were asked to draw their interpretations of Irish politics and to explain in writing what they had drawn. The students were then placed in groups and asked to note what …

Appraisal Theory: Old And New Questions, Phoebe C. Ellsworth

Articles

I describe my current thinking on two old questions—the causal role of appraisals and the relationship of appraisal theories to basic emotions theories and constructivist theories, and three (sort of) new questions—the completeness of appraisals, the role of language, and the development of automaticity in emotional responses.

Interpersonal Power In The Criminal System, Kimberly A. Thomas

Articles

This Article identifies the workings of interpersonal power in the criminal system and considers the effect of these cases on criminal theory and practice. By uncovering this phenomenon, this Article hopes to spark a legal academic dialogue and inquiry that has, until now, been unspoken. This Article has roots in my former work as a Philadelphia public defender and in my current work as a clinical professor with students who appear in criminal and juvenile court. As an advocate for the poor in a busy courthouse, one of a lawyer's tasks is to discover the multiple "real" stories behind the …

Online Reading Informs Classroom Instruction And Promotes Collaborative Learning, Leslie Kate Wright, Sacha Zyto, David R. Karger, Dina L. Newman

Articles

Web-based collaborative annotation tools can facilitate communication among students and their instructors through online reading and communication. Collaborative reading fosters peer interaction and is an innovative way to facilitate discussion and participation in larger enrollment courses. It can be especially powerful as it creates an environment where all students are able to ask questions and contribute to a discussion about science. An online annotation tool, Nota Bene (NB), was tested in two biology courses: intermediate-level Molecular Biology (89 students) and upper level Cancer Biology (26 students). Student participation in these graded reading assignments ranged from 79% to 93%. A typical …

Imagining A Same-Sex Marriage Decision Based On Dignity: Considering Human Experience In Constitutional Law, Danieli Evans

Articles

California’s Proposition 8 allows same sex couples to join through civil unions, which grant the legal benefits afforded to married couples but denies them the official label of “marriage.” The lower court eschewed the question of whether Proposition 8 burdens any fundamental right by concluding there is not even a rational basis (the minimum standard for the constitutionality of any law) for this law, as its sole effect is to deny same sex couples the designation of marriage.

We appreciate the lower court’s caution not to extend our fundamentalrights jurisprudence beyond precedent. However, we are positioned to elaborate fundamental constitutional …

Tort Liability In The Age Of The Helicopter Parent, Elizabeth G. Porter

Articles

Discussions of parental liability by courts and legal scholars are often tinged with fear: fear that government interference will chill parental autonomy; fear that parents will be held liable for their children’s every misdeed; and, recently, fear that a new generation of so-called “helicopter parents” who hover over their children’s every move will establish unrealistically high legal standards for parenting. However, in the context of common law suits against parents, these fears are misguided. To the contrary, courts have consistently shielded wealthier parents — those most likely to be defendants in civil suits — from exposure to liability for conduct …

Property, Privacy And Power: Rethinking The Fourth Amendment In The Wake Of U.S. V. Jones, Dana Raigrodski

Articles

This Article seeks to uncover invisible gender, race, and class biases driving modern Fourth Amendment discourse. Unlike traditional theories, which tend to view the Fourth Amendment through the lens of either privacy or property, this Article advances a theory focusing on the real issues of power and control that fuel Fourth Amendment jurisprudence. Specifically, the Article exposes the private/public and home/market dichotomies that are central to the Supreme Court rhetoric as arbitrary and artificial. It finds that current Fourth Amendment discourse protects the interest of white, privileged men and perpetuates male ideology as well as male domination. That focus leaves …

The Modern Corporation Magnified: Managerial Accountability In Financial Services Holding Companies, Anita K. Krug

Articles

This Article's goal is to revisit early and thoughtful commentary on the fundamental problem of the large corporate enterprise--managerial accountability to shareholders-- to show that this fundamental problem is dramatically pronounced--magnified, if you will--in the types of enterprises that were at the center of the financial crisis, whether too big to fail or not. In particular, The Modern Corporation articulated that the evolution of economic organization has separated the beneficial ownership of property from those who control it and that this disjunction has created an irresolvable tension between shareholders and management. Nowhere is that tension more pronounced than in the …

Against Notice Skepticism In Privacy (And Elsewhere), M. Ryan Calo

Articles

What follows is an exploration of innovative new ways to deliver privacy notice. Unlike traditional notice that relies upon text or symbols to convey information, emerging strategies of “visceral” notice leverage a consumer’s very experience of a product or service to warn or inform. A regulation might require that a cell phone camera make a shutter sound so people know their photo is being taken. Or a law could incentivize websites to be more formal (as opposed to casual) wherever they collect personal information, as formality tends to place people on greater guard about what they disclose. The thesis of …

Only Part Of The Picture: A Response To Professor Tushnet's Worth A Thousand Words, Zahr Kassim Said

Articles

Professor Rebecca Tushnet’s recent article Worth a Thousand Words: The Image of Copyright elucidates a number of difficulties in copyright that flow from judicial failures to treat images consistently and rigorously. She argues that courts both assess copyrightability and evaluate potential infringement in ways that rely on a naïve understanding of the way artists create, and indeed, the way viewers receive works of art. The problem is particularly pronounced with respect to what Tushnet calls non-textual works because copyright law’s default to textuality means that the tools and methods that judges use misalign with the objects of their examination.

In …

Fixing Copyright In Characters: Literary Perspectives On A Legal Problem, Zahr K. Said

Articles

This Article argues for the benefits of an interdisciplinary approach to the problem of copyright’s internal inconsistencies. Character jurisprudence under copyright law misaligns with cultural and literary conceptions of character. Intellectual property law has taken insufficient account of important discrepancies among legal, cultural, and literary theories of character. Literature helps articulate what is at work in the doctrinal tensions in copyright’s character jurisprudence over which kind of character, if any, to protect independently, and how much of it, if any, to protect separately from the text.

At the heart of the doctrinal confusion over the proper scope of protection for …

The Psychotherapist Privilege: Privacy And "Garden Variety" Emotional Distress, Helen A. Anderson

Articles

Surprisingly, there is no clear authority on implied waiver of the psychotherapist-patient privilege in federal courts. There is binding authority from the Supreme Court establishing the privilege, but the bold outlines of that decision have been blurred in the confusion about implied waiver.

This Article explores one aspect of that confusion: the popular "garden variety" approach, which favors plaintiffs with what the court deems garden variety, or "normal," mental distress. Although a few other scholars have written on the confusion in the law of implied waiver, this is the first article to look closely at the garden variety approach, which …

Consumer Subject Review Boards: A Thought Experiment, Ryan Calo

Articles

The adequacy of consumer privacy law in America is a constant topic of debate. The majority position is that United States privacy law is a “patchwork,” that the dominant model of notice and choice has broken down, and that decades of self-regulation have left the fox in charge of the henhouse. A minority position chronicles the sometimes surprising efficacy of our current legal infrastructure.

But the challenges posed by big data to consumer protection feel different. They seem to gesture beyond privacy’s foundations or buzzwords, beyond “fair information practice principles” or “privacy by design.” The challenges of big data may …

Eggshell Economics: A Revolutionary Approach To The Eggshell Plaintiff Rule, Steve Calandrillo, Dustin E. Buehler

Articles

For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable “eggshell” victims. Liability attaches even when the victim’s condition and the scope of her injuries were completely unforeseeable ex ante.

This Article explores the implications of this rule by providing a pioneering economic analysis of eggshell liability. It argues that the eggshell plaintiff rule misaligns parties’ incentives in a socially undesirable way. The rule subjects injurers to unfair surprise, fails to incentivize socially optimal behavior when injurers have imperfect information about expected accident …

Obesity Is An Independent Predictor Of Breastfeeding Initiation When Socioeconomic Status Is Controlled For, Annemarie Bennett, Daniel Mccartney, John Kearney

Articles

Breastfeeding initiation rates vary across Europe, with rates as low as 56%(1) in Ireland and rates in excess of 90%(2) in the Nordic countries. A host of factors, including demographic, social, psychological and physical factors, influence the initiation, intensity and duration of breastfeeding. The extent to which modifiable factors influence breastfeeding initiation should be ascertained in order to prioritise support services for breastfeeding. Obesity is a known modifiable factor which inhibits breastfeeding initiation. This study aimed to determine the extent to which obesity inhibits breastfeeding initiation while controlling for socioeconomic status and other confounding factors. The Infant Cohort dataset from …

Law's Violence: Derrick Bell's Next Article Challenging Authority: A Symposium Honoring Derrick Bell, Richard Delgado

Articles

No abstract provided.

Technology Readiness In A B2b Online Retail Context: An Examination Of Antecedents And Outcomes, Roisin Vize, Joseph Coughlan, Aileen Kennedy, Fiona Ellis-Chadwick

Articles

This paper develops and empirically tests a model that examines the role of Technology Readiness (TR) in the Business-to-Business (B2B) context. It examines how the antecedents of TR affect the construct, and how the construct affects evaluations of a complex credence based B2B service. The research investigates how the retailers’ TR impacts their evaluation of web solution service providers (WSSPs). It responds to previous research calls by extending the TR construct from the business-to-consumer (B2C) perspective that is traditional in the extant literature into the B2B domain. The key findings of a survey conducted with 133 firms in the retail …

Relationship Between Fear Of Falling And Mobility Varies With Visual Function Among Older Adults, Orna Donoghue, Harriet Ryan, Eoin Duggan, Ciaran Finucane, George Sava, Hilary Cronin, James Loughman, Rose Anne Kenny

Articles

Aim: The present study examined the association between vision, fear of falling and fear-related activity restriction, and assessed the effect of vision on the relationship between fear of falling and mobility, using data from a nationally representative sample of community-dwelling adults aged ≥50 years. Methods: Participants (n = 5003) completed an interview and health assessment (including Timed Up-and-Go, vision and cognitive tests). Visual acuity and contrast sensitivity were assessed using an Early Treatment Diabetic Retinopathy Study logMAR chart and Functional Vision Analyzer, respectively. Participants self-reported their vision as excellent, very good, good, fair or poor. They were assigned to no …

Making Connections: Networked Mindmaps As A Student Centred Assessment For Learning., Barry Ryan

Articles

Engaging students is a difficult task faced by all academics. Student engagement can be achieved by giving ownership of their learning back to the student and by carefully aligning the assessment methodology to the students learning and future employability. To promote learning ownership in this case-study, a group of final year students were involved in the design of the delivery (‘flipped classroom’) and assessment strategy (‘flipped assessment’) of the curriculum. Upon reflection, students noted a deep understanding of their self-selected topic by taking ownership of their learning and their ‘assessment for learning’ within the bounded learning environment. Additionally, students enhanced …