Digital Commons Network^™

Redistribution With Political Constraints: Legal Rules Compared To Taxes And Transfers, David Weisbach

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No abstract provided.

The Consequences And Constitutionality Of Training Police To Blame Victims, Richard Mcadams, Margareth Etienne

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No abstract provided.

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia's Indigent Defense System, Meagan R. Hurley

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The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …

Family Talk Versus Usual Services In Improving Child And Family Psychosocial Functioning In Families With Parental Mental Illness: A Randomised Controlled Trial And Cost Analysis, Mairead Furlong, Colm Mcguinness, Christine Marie Mulligan, Sharon Lisa Mcgarr, Sinead Mcgilloway

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Background: Parental mental illness (PMI) is common and places children at high risk of developing psychological disorders. Family Talk (FT) is a well-known, whole-family, 7-session intervention designed to reduce the risk of transgenerational psychopathology. However, very few larger-scale evaluations of FT (across only a limited number of settings) have been conducted to date while there have been no cost analyses. This study aimed to assess the effectiveness and costs of delivering FT in improving child and family psychosocial functioning in families with PMI within routine mental health settings. Methods: A total of 83 families with PMI, with children aged 5-18 …

Eskape: Navigating The Global Battlefield For Antimicrobial Resistance And Defense In Hospitals, Kamna Ravi, Baljit Singh

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The current healthcare environment is at risk due to the facilitated transmission and empowerment of the ESKAPE pathogens, comprising of Enterococcus faecium, Staphylococcus aureus, Klebsiella pneumoniae, Acinetobacter baumannii, Pseudomonas aeruginosa, and Enterobacter species. These pathogens have posed significant challenges to global public health and the threat has only amplified over time. These multidrug-resistant bacteria have become adept at escaping the effects of conventional antibiotics utilized, leading to severe healthcare-associated infections and compromising immunocompromised patient outcomes to a greater extent. The impact of ESKAPE pathogens is evident in the rapidly rising rates of treatment failures, increased mortality, and elevated healthcare costs. …

Systematic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

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Today's artificial intelligence ("AI'') systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI 's broader risks and law 's role in addressing them. These risks are wide ranging-they span harms to …

Religious Clause Challenges To Early Abortion Bans, Caroline Mala Corbin

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The substantive due process right to abortion is gone. But other parts of the Constitution may also protect women’s right to control their bodies and live as equals in the United States. This Essay addresses what role the two religion clauses may play in advancing reproductive autonomy. Because religion and reproduction are intertwined, the religion clauses may provide some measure of constitutional protection.

The Establishment Clause bars the government from imposing religion onto those who do not share it. It also forbids the government from taking sides in theological disputes. Early abortion bans not only favor one religious belief on …

The Government Speech Doctrine Ate My Class: First Amendment Capture And Curriculum Bans, Caroline Mala Corbin

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Because of the government speech doctrine, public school curriculum restrictions like “Don’t Say Gay” mandates and bans on teaching critical race theory may escape free speech review. This exemplifies “First Amendment capture.” The term “capture” comes from “agency capture,” which occurs when regulated entities effectively gain control over the agency meant to oversee them. First Amendment capture occurs when speech becomes controlled by the government when the Free Speech Clause should be regulating the government.

Generally, laws that censor content trigger strict scrutiny under the Free Speech Clause. Curriculum bans, however, may trigger no scrutiny at all. Under the government …

Attributing Ai Authorship: Towards A System Of Icons For Legal And Ethical Disclosure, Joseph J. Avery, Patricia S. Abril, Alissa Del Riego

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Over the past year, the pervasive role of large language models (LLMs) and artificial intelligence (Al) in text generation has precipitated concerns about ethical usage, authorship, and transparent attribution. This has been true in legal practice, academia, and the corporate world, as well as in countless other arenas. In this Article, we identify the gap that has opened between those demanding proper disclosure (we should know when and to what extent Al is an author) and those struggling to respond to these demands. Part of the problem is that there is no system in place, no lingua franca, no set …

Reflections On Corporate Governance At Work, Margaret Blair, Matthew Bodie, June Carbone, Scott Dewey, George S. Georgiev, Grant Hayden, Claire Hill, Brett Mcdonnell, Sanjukta Paul, Silvie Rohr, Natalya Shnitser, Aaron Sojourner, Alvin Velazquez

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No abstract provided.

Do Elections Really Have Consequences?: Presidential Indifference, Attenuated Accountability, And Policy Paralysis Within The Administrative State, Ronald J. Krotoszynski Jr.

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In theory, the Constitution vests all, not "some" or "most," of the executive power in the President; the buck supposedly stops at the Resolute Desk. Yet current practice falls well short of this constitutional ideal. The conjunction of fixed terms of office, good cause removal limits, and partisan balance requirements for the heads of multi-member independent federal agencies, boards, and commissions can and does leave critically important federal agencies effectively unaccountable to the President. Such a state of affairs existed at the Federal Communications Commission (FCC) from January 20, 2021, until September 25, 2023-over half of President Biden's fouryear term …

Giving People The Words To Say No Leads Them To Feel Freer To Say Yes, Rachel Schlund, Roseanna Sommers, Vanessa K. Bohns

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We examine how to structure requests to help people feel they can say no (or yes) more voluntarily. Specifically, we examine the effect of having the requester provide the request-target with an explicit phrase they can use to decline requests. Part of the difficulty of saying no is finding the words to do so when put on the spot. Providing individuals with an explicit script they can use to decline a request may help override implicit scripts and norms of politeness that generally dictate compliance. This should make individuals feel more comfortable refusing requests and make agreement feel more voluntary. …

The Role Of Interpersonal Conflict As A Cause Of Work-Related Stress In Construction Managers In Ireland, Patrick J. Bruce, Victor Hrymak, Carol M. Bruce Dr, Joseph Byrne

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Construction is a project-driven industry that places a high premium on product delivery on time, within budget and to required standards. Modern construction projects have become more complex in nature, the complex relational and lengthy process of designing and building makes construction a process in which conflict is virtually ensured (Jaffar et al., 2011; Wang et al., 2023). These characteristics of the industry contribute to workplace stress. Therefore, it is not surprising that research has confirmed a strong presence of workplace stress within the industry, (Lingard and Francis, 2004; Vaux and Dority, 2020). Many construction managers experience excessive levels of …

What Is The Best Candidate For A Post-Moore Constitutional Challenge?, Reuven S. Avi-Yonah

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On December 5, 2023, the Supreme Court heard oral arguments in Moore, the case challenging the constitutionality of the mandatory repatriation tax enacted in 2017 (section 965). Most of the justices' questions focused on the potential collateral consequences from requiring realization as a constitutional matter, and the majority seemed inclined to avoid the constitutional issue by focusing on the fact that the income in Moore was realized and that section 965 simply followed a long list of precedents by attributing this corporate income to shareholders in a closely held corporation.

Framing A Feminist Phenomenological Inquiry Into The Lived Experiences Of Women Entrepreneurs, Edicleia Oliveira, Serge Basini, Thomas M. Cooney

Articles

Purpose – This article aims to explore the potential of feminist phenomenology as a conceptual framework for advancing women’s entrepreneurship research and the suitability of interpretative phenomenological analysis (IPA) to the proposed framework.

Design/methodology/approach – The article critically examines the current state of women’s entrepreneurship research regarding the institutional context and highlights the benefits of a shift towards feminist phenomenology.

Findings – The prevailing disembodied and gender-neutral portrayal of entrepreneurship has resulted in an equivocal understanding of women’s entrepreneurship and perpetuated a male-biased discourse within research and practice. By adopting a feminist phenomenological approach, this article argues for the importance …

A Critical Race Theory Analysis Of Critical Race Theory Bans, Caroline Mala Corbin

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A majority of state legislatures have introduced bills prohibiting public schools from teaching certain "divisive concepts" attributed to critical race theory (CRT), with at least fifteen states successfully enacting them. This Article applies a critical race theory analysis to these critical race theory bans, finding that the bans embody white privilege and especially its companion, white fragility.

After providing a primer on critical race theory, Part I explains how the state bans profoundly misunderstand critical race theory, which focuses on how systems and institutions reproduce racial inequality. These bans, however, assume that racism is individual, intentional, and rare, and that …

Children's Autonomy Rights Online, Clare Ryan

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No abstract provided.

Feedback Loops: Fortifying Feedback, Patrick Barry

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Feedback has an Important role to play in the fight against impostor syndrome and its many toxic by-products, including isolation, dread, depression, drops in motivation, and negative self-talk. In 2013, for example, one of the American Psychological Association’s oicial publications, gradPSYCH magazine, ran a cover story called “Feel like a Fraud?” that highlighted the stabilizing power that the right kind of feedback can provide. “he thing that made so much diference was supportive, encouraging supervision,” explained a graduate student interviewed for the story.

Sex- And Gender-Specific Considerations In Mycotoxin Screening: Assessing Differential Exposure, Health Impacts, And Mitigation Strategies, Gayathree Thenuwara, Bilal Javed, Singh Baljit, Hugh J. Byrne, Furong Tian

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Mycotoxins, toxic secondary metabolites produced by fungi, present significant health risks through contaminated food and feed. Despite broad documentation of their general impacts, emerging research highlights the requirement of addressing both sex- and gender-specific differences in the risk of exposure, susceptibility, and health outcomes in mycotoxin screening and mitigation strategies. Distinct biological (sex-based) and sociocultural (gender-based) factors can influence the risk of mycotoxin exposure and subsequent health impacts; women may for example exhibit specific exposures to certain mycotoxins due to physiological and hormonal differences, with increased risks during critical life stages such as pregnancy and lactation. Conversely, men may demonstrate …

A Comprehensive Review Of Food Safety Culture In The Food Industry: Leadership, Organizational Commitment, And Multicultural Dynamics, Ashwini Sadashiv Pai, Swarna Jaiswal, Amit K. Jaiswal

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Food safety culture (FSC) has transitioned from a narrow compliance-based concept to a comprehensive organisational value that is essential for ensuring food safety. This review explores the pivotal roles of leadership, organisational commitment, and cultural diversity in shaping an effective FSC. It highlights how leadership style, particularly transformational leadership, can enhance employee engagement and foster a proactive safety culture. Additionally, the impact of national and organisational cultures on FSC is analysed, emphasising the challenges posed by a multicultural workforce in standardising food safety practices. This article also provides a comparative analysis of FSC across various sectors, such as meat and …

Investigating Abandonment Errors In Cruise/Passenger Ships : Researching The Reasons Leading To Life-Losses During An Evacuation, A. Andreadakis, D. Dalaklis, N. Nikitakos

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No abstract provided.

The Next Generation, Jeremiah Chin

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What would the law look like if we let children remake it? Laws govern, classify, and circumscribe children who inherit the law and its consequences. Discourses of power invoke children as rhetorical strategies to gain political favor or obviate a position—yet children are uncritically excluded from participating in the systems that control them. Children are subjected to the laws and objects of legislation, but denied the rights, autonomy, or authority to participate in the making of law and policy. Even the conceptualization of the constitutional rights of children is treated as an assumption, ill-defined and under theorized by traditional legal …

The Potential Of Edible Insects As A Safe, Palatable, And Sustainable Food Source In The European Union, Ann D. Conway, Swarna Jaiswal, Amit K. Jaiswal

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Entomophagy describes the practice of eating insects. Insects are considered extremely nutritious in many countries worldwide. However, there is a lethargic uptake of this practice in Europe where consuming insects and insect-based foodstuffs is often regarded with disgust. Such perceptions and concerns are often due to a lack of exposure to and availability of food-grade insects as a food source and are often driven by neophobia and cultural norms. In recent years, due to accelerating climate change, an urgency to develop alternate safe and sustainable food-sources has emerged. There are currently over 2000 species of insects approved by the World …

Mental Workload As A Predictor Of Atco's Performance: Lessons Learnt From Atm Task-Related Experiments, Enrique Muñoz-De-Escalona, Maria Chiara Leva, José Juan Cañas

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Air Traffic Controllers' (ATCos) mental workload is likely to remain the specific greatest functional limitation on the capacity of the Air Traffic Management (ATM) system. Developing computational models to monitor mental workload and task complexity is essential for enabling ATCOs and ATM systems to adapt to varying task demands. Most methodologies have computed task complexity based on basic parameters such as air-traffic density; however, literature research has shown that it also depends on many other factors. In this paper, we present a study in which we explored the possibility of predicting task complexity and performance through mental workload measurements of …

Regulating Driving Automation Safety, Matthew Wansley

Articles

Over forty thousand people die in motor vehicle crashes in the United States each year, and over two million are injured. The careful deployment of driving automation systems could prevent many of these deaths and injuries, but only if it is accompanied by effective regulation. Conventional vehicle safety standards are inadequate because they can only test how technology performs in a controlled environment. To assess the safety of a driving automation system, regulators must observe how it performs in a range of unpredictable, real world edge cases. The National Highway Traffic Safety Administration (NHTSA) is trying to adapt by experimenting …

The Iris Clinic: A Protocol For A Mixed-Methods Study Evaluating The Management Of Hyperemesis Gravidarum, Eileen C. O'Brien, Jean Doherty, Sarah Louise Killeen, Melanie Bennett, Lillian Murtagh, Sinead Curran, Suzanne Murphy, Helen Mchale, Lucille Sheehy

Articles

Background: Hyperemesis Gravidarum (HG) is a severe form of nausea and vomiting in pregnancy that affects 0.3–3% of women and has profound nutritional, physical and psychological consequences. Research is lacking regarding the most effective management of the condition. In response to patient feedback, a multidisciplinary HG day-case service (IRIS Clinic) was launched in 2020 at The National Maternity Hospital, Ireland. The clinic provides routine, day-case care in a comfortable space with pre-booked appointments. The MDT involves midwives, dietitians, perinatal mental health, obstetrics and pharmacy, and the nature of the clinic enables peer-to-peer support. As this clinic is the first of …

Outcomes Of The Leap Feasibility Trial—A Low-Threshold, Exercise Programme With Protein Supplementation To Target Frailty And Poor Physical Functioning In People Experiencing Homelessness And Addiction Issues, Fiona Kennedy, Clíona Ní Cheallaigh, Roman Romero-Ortuno, Suzanne L. Doyle, Julie Broderick

Articles

Background People experiencing homelessness are more likely to experience poor health with physical functioning deficits and frailty commonly reported. It is not well known how strategies to target physical functioning deficits and frailty work in practice in this group. The primary aim of this study was to explore the feasibility of an exercise intervention with protein supplementation to target physical functioning and frailty in people experiencing homelessness evaluated by recruitment and retention rates, adherence to the exercise sessions and protein supplement, adverse effects, programme feedback and characteristics of non-returners, sporadic and frequent attenders. The secondary aim was to evaluate changes …

Bridging The Gap: Determinants Of Consumers' Willingness To Pay For Environmentally Friendly Packages Of Leafy Greens, Carissa Dieli, Anushree Priyadarshini, Robert Ludgate, Lorraine Foley

Articles

Government and corporate policies have mandated a reduction in plastic packaging to combat issues of waste and climate change. This move towards sustainable packaging alternatives in the fresh food sector will increase costs for consumers. Much of the present research finds consumers are willing to pay more for sustainability, but their willingness to pay (WTP) does not align with real-world purchases, representing an attitude–behaviour gap. To combat this gap, it is posited that consumers' current purchasing- and sustainability-related behaviours will meaningfully correlate with their WTP and bridge the attitude–behaviour gap. This research used an online survey (n = 476) to …

Framing A Feminist Phenomenological Inquiry Into The Lived Experiences Of Women Entrepreneurs, Edicleia Oliveira, Serge Basini, Thomas M. Cooney

Articles

Purpose: This article aims to explore the potential of feminist phenomenology as a conceptual framework for advancing women's entrepreneurship research and the suitability of interpretative phenomenological analysis (IPA) to the proposed framework. Design/methodology/approach: The article critically examines the current state of women's entrepreneurship research regarding the institutional context and highlights the benefits of a shift towards feminist phenomenology. Findings: The prevailing disembodied and gender-neutral portrayal of entrepreneurship has resulted in an equivocal understanding of women's entrepreneurship and perpetuated a male-biased discourse within research and practice. By adopting a feminist phenomenological approach, this article argues for the importance of considering the …

Behavioral, Cognitive And Emotional Determinants Of Getting Vaccinated For Covid-19 And The Mediating Role Of Institutional Trust Among Young Adults In Cyprus, Pinelopi Konstantinou, Maria Kyprianidou, Andria Christodoulou, Louise Mchugh, Marios Constantinou, Eleni Epiphaniou, Nigel Vahey, Christiana Nicolaou, Nicos Middleton, Maria Karekla, Angelos P. Kassianos

Articles

Background: Vaccination uptake is a complex behavior, influenced by numerous factors. Behavioral science theories are commonly used to explain the psychosocial determinants of an individual's health behavior. This study examined the behavioural, cognitive, and emotional determinants of COVID-19 vaccination intention based on well-established theoretical models: Acceptance and Commitment Therapy (ACT), Capability, Opportunity, Motivation, and Behaviour (COM-B) and the Health Belief Model (HBM). Additionally, it examined the mediating role of institutional trust in the relationship between determinants of these models and vaccination intentions. Methods: A cross-sectional study was conducted from January to May 2022, where university students in Cyprus completed an …