Digital Commons Network^™

The Ties That Bind Us: An Empirical, Clinical, And Constitutional Argument Against Terminating Parental Rights, Vivek S. Sankaran, Christopher Church

Articles

This Article explores the unnecessary termination of a child's relationship with their parent from an empirical, clinical, and constitutional lens. Part I explores administrative data related to TPR, which like many child protection metrics, resembles nothing short of a wild west of practices and policies relating to how often and how fast child protection systems terminate parental rights. These data also reveal how TPR can unnecessarily delay legal permanency for children, particularly those children who are living with extended family, and how a State pursuing TPR can drain its own scarce resources, a system perpetually decrying insufficient resources. Part II …

Jury-Related Errors In Copyright, Zahr K. Said

Articles

Copyright law is surprisingly hard. Copyright does not do what laypeople think it does, nor do its terms mean what laypeople expect. Copyright also possesses systemic indeterminacy about what it protects and the extent of that protection. For laypeople, copyright law is decidedly “user-unfriendly.” Nonetheless, copyright law reserves for lay jurors its most-litigated, most difficult, and most consequential question at trial: whether works are “substantially similar” and thus infringing.

Many have criticized this allocation because in the context of copyright law, juries effectively have the power to expand or contract owners’ rights with little oversight or correction. But blaming the …

Pilot Study Of The Association Between Microbiome And The Development Of Adverse Posttraumatic Neuropsychiatric Sequelae After Traumatic Stress Exposure, Abigail L. Zeamer, Marie-Claire Salive, Xinming An, Stacey L. House, Francesca L. Beaudoin, Jennifer S. Stevens, Donglin Zeng, Thomas C. Neylan, Gari D. Clifford, Robert A. Swor

Articles

Background Patients exposed to trauma often experience high rates of adverse post-traumatic neuropsychiatric sequelae (APNS). The biologic mechanisms promoting APNS are currently unknown, but the microbiota-gut-brain axis offers an avenue to understanding mechanisms as well as possibilities for intervention. Microbiome composition at the time of trauma exposure has been poorly examined regarding neuropsychiatric outcomes. We aimed to determine whether baseline the gut microbiomes of trauma-exposed emergency department patients who later develop APNS have dysfunctional gut microbiome profiles and discover potential associated mechanisms.

Methods We performed metagenomic analysis on stool samples (n=51) from a subset of adults enrolled in the Advancing …

Unbelievable: How Narrative Can Help Vulnerable Narrators Overcome Perceived Unreliability In The Legal System, Cathren Page

Articles

This article examines how advocates can champion vulnerable narrators’ truths. First, advocates must prime the audience by educating the audience about the ways the vulnerability manifests; this process helps to allay credibility questions. Second, advocates must reframe seemingly untrustworthy behavior by showing how the behavior is consistent with someone in the vulnerable narrator’s situation. Third, advocates must create what fiction writers call verisimilitude—a sense of reality—by including concrete details that logically fit together in the legal narrative. Finally, advocates must label the tactics commonly used to discredit vulnerable narrators so that the audience can see those tactics for what they …

Harmonizing Music Theory And Music Law, Peter Nicolas

Articles

Those litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. As a result, legal opinions purporting to incorporate musical concepts sometimes fail to do so accurately, resulting in decisions that are inconsistent with copyright law and policy.

This Article seeks to harmonize U.S. copyright law with relevant principles of music theory. It begins with an accessible primer on basic …

Fables Of Scarcity In Ip, Zahr K. Said

Articles

In this chapter, I use methods drawn from literary analysis to bear on artificial scarcity and explore how literary and legal storytelling engages in scarcity mongering. I find three particular narrative strategies calculated to compel a conclusion in favor of propertization: the spectacle of need, the diversionary tactic, and the rallying cry. First, I unpack the spectacle of need and its diversionary aspects through several literary accounts of scarcity and starvation. I juxtapose Franz Kafka's “A Hunger Artist,” a story explicitly centered on a wasting body, with J.M. Coetzee's The Life and Times of Michael K. Second, to explore how …

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Health Disparities In Aging: Improving Dementia Care For Black Women., Caleigh A Findley, Makayla F Cox, Adam B Lipson, Ratasha Bradley, Kevin N Hascup, Carla Yuede, Erin R Hascup

Articles

In the United States, 80% of surveyed Black patients report experiencing barriers to healthcare for Alzheimer's disease and related dementias (ADRD), delaying the time-sensitive treatment of a progressive neurodegenerative disease. According to the National Institute on Aging, Black study participants are 35% less likely to be given a diagnosis of ADRD than white participants, despite being twice as likely to suffer from ADRD than their white counterparts. Prior analysis of prevalence for sex, race, and ethnicity by the Centers for Disease Control indicated the highest incidence of ADRD in Black women. Older (≥65 years) Black women are at a disproportionately …

Implant Failure In Orthopaedics: Law Does Not Hold The Surgeon Accountable, J. Terrence Jose Jerome, Arpitha Hc, Ov Nandimath

Articles

Excerpt: "It has been the practice of most patients to hold surgeons responsible for any manufacturing defect in an implant that was carried out and accountable for deficiency of services and sue them for medical negligence."

Visual Literacy Of Molecular Biology Revealed Through A Card-Sorting Task, Dina L. Newman, Hannah Spector, Anna Neuenschwander, Anna J. Miller, Lauren Trumpore, Leslie Kate Wright

Articles

Visual literacy, which is the ability to effectively identify, interpret, evaluate, use, and create images and visual media, is an important aspect of science literacy. As molecular processes are not directly observable, researchers and educators rely on visual representations (e.g., drawings) to communicate ideas in biology. How learners interpret and organize those numerous diagrams is related to their underlying knowledge about biology and their skills in visual literacy. Furthermore, it is not always obvious how and why learners interpret diagrams in the way they do (especially if their interpretations are unexpected), as it is not possible to “see” inside the …

Medical Training Of Seafarers: International Maritime Health Foundation (Imhf) Expert Panel Consensus Statement, Nebojša Nikolić, Jon Magnus Haga, Jens Tülsner, Per Otto Årland, Alf Magne Horneland, Bill Kavanagh, Klaus Seidenstucker, Spike Briggs, Inger Lund-Kordahl, Cecilia Simolin Pernilla

Articles

Background: Medical emergencies and on-going medical conditions on board may seriously impair seafarers’ health and safety, and also negatively impact on future work prospects for seafarers. When a seafarer gets ill or injured on a ship, medical treatment often relies on the competences on his colleagues on board. The aim of this project was to establish a consensus-based minimum standard for medical education for seafarers, in order to ensure competency for adequate management of ill-health on board.

Materials and methods: International Maritime Health Foundation (IMHF) conducted a workshop on medical training of seafarers. A research-based approach to gain consensus on …

Estimate Tourism Model Choice For Pilgrim In The Way Of St. James: The Portuguese Way, Rosa Conde, Ana Pinto Borges, Isabel Neira Gómez, Elvira Viera

Articles

The purpose of this study is to examine how the characteristics of the pilgrims and the attributes of travel influence the choose of the Portuguese. It is important to understand the choices tourists make. This study identifies the factors that influence the tourists’ choice of way. The analysis is based on the official statistics of the Portuguese Way of Santiago between 2003 and 2020.

The study provides several important findings concerning tourism’s model choice. Understanding the tourists’ modal choice behavior help public and private organizations to develop appropriate marketing strategies.

The probit model is used to model a relationship between …

Know An Emotion By The Company It Keeps: Word Embeddings From Reddit/Coronavirus, Alejandro García-Rudolph, David Sanchez-Pinsach, Dietmar Frey, Eloy Opisso, Katryna Cisek, John Kelleher

Articles

Social media is a crucial communication tool (e.g., with 430 million monthly active users in online forums such as Reddit), being an objective of Natural Language Processing (NLP) techniques. One of them (word embeddings) is based on the quotation, “You shall know a word by the company it keeps,” highlighting the importance of context in NLP. Meanwhile, “Context is everything in Emotion Research.” Therefore, we aimed to train a model (W2V) for generating word associations (also known as embeddings) using a popular Coronavirus Reddit forum, validate them using public evidence and apply them to the discovery of context for specific …

Hmm, You Seem Confused! Tracking Interlocutor Confusion For Situated Task-Oriented Hri, Na Li, Robert J. Ross

Articles

Our research seeks to develop a long-lasting and high-quality en- gagement between the user and the social robot, which in turn requires a more sophisticated alignment of the user and the system than is currently commonly available. Close monitoring of inter- locutors’ states, and we argue their confusion state in particular, and adjusting dialogue policies based on this state of confusion is needed for successful joint activity. In this paper, we present an ini- tial study of a human-robot conversation scenarios using a Pepper robot to investigate the confusion states of users. A Wizard-of-Oz (WoZ) HRI experiment is illustrated in …

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Articles

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Ar/Vr Teaching-Learning Experiences In Higher Education Institutions (Hei): A Systematic Literature Review, Belen Bermejo, Carlos Juiz, David Cortes, Jeroen Oskam, Teemu Moilanen, Jouko Loijas, Praneschen Govender, Jenniifer Hussey, Alexander Lennart Schmidt, Ralf Burbach, Daniel King, Colin O'Connor, David Dunlea

Articles

During the last few years, learning techniques have changed, both in basic education and in higher education. This change has been accompanied by new technologies such as Augmented Reality (AR) and Virtual Reality (AR). The combination of these technologies in education has allowed a greater immersion, positively affecting the learning and teaching processes. In addition, since the COVID-19 pandemic, this trend has been growing due to the diversity of the different fields of application of these technologies, such as heterogeneity in their combination and their different experiences. It is necessary to review the state of the art to determine the …

Experiencing Dyslexia Through The Prism Of Difference, Keith Murphy

Articles

According to research by AHEAD (2021), students with specific learning difficulties (SLD) are accessing third level education in greater numbers than ever before. Within the body of research conducted few studies have focused on the overall experiences of students with dyslexia studying in third level education. The current study addresses this gap in knowledge as it provides an insight into how students with dyslexia, as an SLD, navigate third level education. Ethnography was used as the principal method of research in this project, and 17 participants, ranging in age from 20 years old to mid-40 years old, took part. The …

Virtual Industry Visits, Cian Farrell

Articles

Cian Farrell of Technological University Dublin describes a virtual educational approach trialled during the Covid-19 pandemic to engage students during a period of remote learning and educate them on industry processes and practices. Virtual industry visits saw students receive online briefings and tours of manufacturing plants and construction sites from industry representatives to complement their taught modules. The virtual visits have continued since Covid restrictions eased as part of a hybrid approach to learning that increases student exposure to real-life projects. The initiative won the Institution of Structural Engineers Excellence in Structural Engineering Education Award in 2022.

Putting The Individual And Context Back Into National Human Resource Development Research: A Systematic Review And Research Agenda, Thomas Garavan, Jia Wang, Ciara Nolan Dr, Yanqing Lai, Fergal O'Brien, Colette Darcy, Gerri Matthews-Smith, Gary Mclean

Articles

Conceptualization of national human resource development (NHRD) emphasizes that it is an ongoing development process of the individual that is shaped by context. However, the extant literature has focused primarily on describing and evaluating NHRD policies and interventions in different countries with limited consideration of NHRD across the lifespan and the interaction of life stage with context. Using ecological systems theory (EST) and a lifespan development perspective (LDP), we present a systematic review of the NHRD literature based on 310 sources. We identify key themes and gaps in research across the lifespan and at distinct levels of the ecological system. …

Review Of The International Play Policies And Their Contribution To Supporting A Child's Right To Play, Fiona Armstrong, David Gaul

Articles

Play is recognised as a fundamental children's right protected by the United Nations Convention on the Rights of the Child. Despite legal and constitutional requirements for ensuring children's right to play, there are few international policies dedicated to play. This paper seeks to use a critical discourse analysis lens to compare the current international policies dedicated to play and identify examples of good practice and perceived barriers to the successful development and implementation of play policies.

Horizontal Collusion And Parallel Wage Setting In Labor Markets, Jonathan S. Masur, Eric A. Posner

Articles

Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way. But product markets and labor markets do not operate identically: people behave differently as employees and as consumers. Unlike consumers who can switch products relatively easily, employees face significant frictions in changing jobs. Other labor market frictions are created by the pay equity norm and downward nominal wage rigidity. These and related …

How Redundant Are Redundant Encodings? Blindness In The Wild And Racial Disparity When Race Is Unobserved, Jacob Goldin, Lingwei Cheng, Isabel Gallegos, Derek Ouyang, Daniel Ho

Articles

We address two emerging concerns in algorithmic fairness: (i) redundant encodings of race – the notion that machine learning models encode race with probability nearing one as the feature set grows – which is widely noted in theory, with little empirical evidence; and (ii) the lack of race and ethnicity data in many domains, where state-of-the-art remains (Naive) Bayesian Improved Surname Geocoding (BISG) that relies on name and geographic information. We leverage a novel and highly granular dataset of over 7.7 million patients’ electronic health records to provide one of the first empirical studies of redundant encodings in a realistic …

A Symposium To Mark The Publication, By New York University Press, Of Ian O’Donnell’S Prison Life: Pain, Resistance, And Purpose, Rosemary Gido, Derek S. Jeffreys, Cormac Behan, Kimmett Edgar, Bethany E. Schmidt, Gorazd Mesko, Mary K. Stohr, Ashley T. Rubin

Articles

Recognizing the major scholarly contributions to criminology by the noted Irish criminologist, Ian O’Donnell, The Prison Journal invited seven contemporary corrections and punishment scholars to offer insights into O’Donnell’s new book, Prison Life: Pain, Resistance, and Purpose. Offering contextually rich descriptions of prisoner life, the text features four case study prisons—H Blocks, Northern Ireland; Eastham Unit, Texas; Isir Bet, Ethiopia; and ADX Florence, Colorado, in pivotal time periods and through an individual's custodial career in each institution. The symposium discussants focus on O’Donnell's conceptual framework—the degree of prison integration, system and staff regulation, and legitimacy—and how these reflect the key …

Capacity Building For Organizational Resilience: Integrating Standards On Risk, Disruption And Continuity In The Curriculum, Lisa Greenwood, Dawn Hess, Yewande S. Abraham, Jennifer Schneider

Articles

Disruption is an inevitable factor in business and society, while inability to mitigate and manage risk can cause irreparable damage to business, the economy, and our ways of life. The COVID-19 pandemic has heightened interest in standards-based strategies for risk management and crisis preparedness to enhance organizational and societal resilience. University curricula that integrate national and international standards offer students a rich skill-set for effective performance in their careers. Moving forward, we must cultivate capable professionals who understand the challenges and risks facing society, and who grasp standards and systems for strategic planning, response, and recovery to promote organizational resilience …

Residents Against Housing: A Response To Professor Infranca’S ‘Differentiating Exclusionary Tendencies’, Lee Anne Fennell

Articles

Incumbent residents routinely oppose residential development.¹ Interestingly, this is true of both homeowners and renters, if for opposite reasons. Homeowners typically worry that new housing will cause the market value of their own homes to fall, resulting in a hit to what is usually a house-heavy personal wealth portfolio.² Tenants typically worry that new housing will cause the market value of their own homes to rise, generating pressure toward higher rents and displacement.³ Both homeowners and tenants also express concern that new housing development will change the character of their neighborhoods in unwanted ways.⁴

Resident opposition …

Realism, Disagreement, And Explanation, Brian Leiter

Articles

No abstract provided.

Statistical Inference And Power Analysis For Direct And Spillover Effects In Two-Stage Randomized Experiments, Zhichao Jiang, Kosuke Imai, Anup Malani

Articles

Two-stage randomized experiments become an increasingly popular experimental design for causal inference when the outcome of one unit may be affected by the treatment assignments of other units in the same cluster. In this paper, we provide a methodological framework for general tools of statistical inference and power analysis for two-stage randomized experiments. Under the randomization-based framework, we consider the estimation of a new direct effect of interest as well as the average direct and spillover effects studied in the literature. We provide unbiased estimators of these causal quantities and their conservative variance estimators in a general setting. Using these …

Standing, Nominal Damages, And Nominal Damages "Workarounds" In Intellectual Property Law After Transunion, Thomas F. Cotter

Articles

In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez, that plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting Act unless they can demonstrate “concrete harm” arising from those violations. Although TransUnion was not a case involving intellectual property (“IP”) rights, if the rationale of the decision is that Congress cannot authorize federal courts to entertain claims for statutory damages unless the plaintiff shows that it has suffered actual harm, some common monetary awards for the infringement of IP rights — specifically, statutory damages, reasonable royalties, and (in design patent …

Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, June Carbone

Articles

The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital investment and the ability to marshal the emotional and material resources needed to address children needs. Yet, the ability to meet the middle-class threshold for family investment is under assault as the class-based COVID-19 pandemic vulnerabilities and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization illustrate. While the American Rescue Plan demonstrates the federal government's considerable ability to address children's needs, Dobbs represents the judicial assault on federal power and the ongoing devolution in responsibility for …