Digital Commons Network^™

Inclusion And Belonging In Irish Higher Education For Black And Minority Ethnic Students., Fionnuala Darby

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Using Critical Race Theory (CRT) as an analytical prism, this study interrogates the sense of belonging and inclusion experienced by Black and Minority Ethnic (BME) students on one higher education campus in Ireland. The most important story told within the study is as simple as it is complicated. The simple part is that the BME students felt that the campus was inclusive and that they experienced a sense of belonging. The complicated part is that the findings are premised in a normative assumption of whiteness as evidenced by numerous and incremental moments of exclusion in the daily experience of microaggressions, …

The Potential Beneficial Effects Of Vaccination On Antigenically Evolving Pathogens, Frank Wen, Anup Malani, Sarah Cobey

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No abstract provided.

What Can We Learn From The Federal Approach To The Prosecution Of Juvenile Crime?, Emily Buss

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In a context of widespread concern over our bloated criminal justice system and growing awareness of the harm done to individuals and society by our excessive incarceration policies, any piece of the system that has remained infinitesimally small deserves some attention. In her article, The Federal Juvenile System, 1 Esther Hong highlights the success of the largely overlooked federal juvenile delinquency system in staying extremely small and suggests this system offers lessons for its bloated state and federal counterparts. Although I agree that the federal government’s prosecution of minors under the Federal Juvenile Delinquency Act (“FJDA”) offers some valuable lessons …

Ideation And Innovation In Constitutional Rights, Tom Ginsburg

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This article explores the development of ideas in constitutional design. The point of departure is a perspective of constitutions-as-products, and thus, an examination of the invention, innovation, and an uptake of these products. The article conceptualizes constitutional innovation and distinguishes its manifestations with respect to constitutional products, the process of constitution-making, and in supporting institutions. The last two elements, in line with Schumpeter’s approach to innovation, would seem especially important to constitutional development. The article provides several examples from the area of human rights and argues that innovations tend to be found in situations in which there is strong aversion …

Streaming Property, Lee Anne Fennell

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People acquire property rights in objects and real estate in order to capture the stream of services that these assets can provide over time. The thing or parcel itself is merely a delivery mechanism, a way of packaging and protecting rights to that value stream. And, significantly, these assets cannot stream services to anyone without a set of facilitating conditions and complementary goods, such as public infrastructure, that do not lie within the asset owner’s individual control. This Essay argues that we can gain fresh traction on inequality by recasting property as service streams rather than as owned things. Doing …

Kids Are Not So Different: The Path From Juvenile Exceptionalism To Prison Abolition, Emily Buss

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Inspired by the Supreme Court’s embrace of developmental science in a series of Eighth Amendment cases, “kids are different” has become the rallying cry, leading to dramatic reforms in our response to juvenile crime designed to eliminate the incarceration of children and support their successful transition to adulthood. The success of these reforms represents a promising start, but the “kids are different” approach is built upon two flaws in the Court’s developmental analysis that constrain the reach of its decisions and hide the true implications of a developmental approach. Both the text of the Court’s opinions and the developmental and …

The Many Faces Of Modern Legal Realism, Brian Bix

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This work offers an overview of the consequences and implications of the work of the American Legal Realists. First, the article considers Brian Leiter’s naturalist understanding of the realist project and how he uses it as an occasion to argue for a generally naturalist approach to legal philosophy. Second, Frederick Schauer transforms a legal realist-like focus on the concerns of average citizens for legal enforcement to advocate for the view that coercion is central to understanding law. Third, self-styled New Legal Realists try to merge a realist-inspired search for the effects of legal rules with a more traditional respect for …

Neuromatch Academy: A 3-Week, Online Summer School In Computational Neuroscience, Bernard Marius 'T Hart, Titipat Achakulvisut, Ayoade Adeyemi, Athena Akrami, Bradly Alicea, Alicia Alonso-Andres, Diego Alzate-Correa, Arash Ash, Jesus J. Ballesteros, Aishwarya Balwani, Eleanor Batty, Ulrik Beierholm, Ari S. Benjamin, Upinder Bhalla, Gunnar Blohm, Joachim C. H. Blohm, Kathryn Bonnen, Marco Brigham, Bingni W. Brunton, John Butler, Brandon Caie, N Alex Cayco Gajic, Sharbatanu Chatterjee, Spyridon Chavlis, Ruidong Chen, You Cheng, H. M. Chow, Raymond Chua, Yunwei Dai, Isaac David, Eric E. J. Dewitt, Julien Denis, Alish Dipani, Arianna Dorschel, Jan Drugowitsch, Kshitij Dwivedi, Sean Escola, Haoxue Fan, Roozbeh Farhoodi, Yicheng Fei, Pierre-Étienne Fiquet, Lorenzo Fontolan, Jeremy Forest, Yuki Fujishima, Byron V. Galbraith, Mario Galdamez, Richard Gao, Julijana Gjorgjieva, Alexander Gonzalez, Qinglong Gu, Yueqi Guo, Ziyi Guo, Pankaj K. Gupta, Busra Tugce Gurbuz, Caroline Haimerl, Jordan B. Harrod, Alexandre Hyafil, Martin Irani, Daniel Jacobson, Michelle Johnson, Ilenna Simone Jones, Gili Karni, Robert E. Kass, Hyosub Edward Kim, Andreas M. Kist, Randal Koene, Konrad Kording, Matthew R. Krause, Arvind Kumar, Norma K. Kühn, Ray Lc, Matthew L. Laporte, Junseok Lee, Songting Li, Sikun Lin, Yang Lin, Shuze Liu, Tony Liu, Jesse A. Livezey, Linlin Lu, Jakob H. Macke, Kelly Mahaffy, A. Lucas Martins, Nicolás Martorell, Manolo Martínez, Marcelo G. Mattar, Jorge Aurelio Menendez, Kenneth D. Miller, Patrick J. Mineault, Nosratullah Mohammadi, Yalda Mohsenzadeh, Elenor Morgenroth, Taha Morshedzadeh, Alice Claudia Mosberger, Madhuvanthi Muliya, Marieke Mur, John D. Murray, Yashas Nd, Richard Naud, Prakriti Nayak, Anushka Oak, Itzel Olivos Castillo, Seyedmehdi Orouji, Jorge Otero-Millan, Marius Pachitariu, Biraj Pandey, Renato Paredes, Jesse Parent, Il Memming Park, Megan A. K. Peters, Xaq Pitkow, Panayiota Poirazi, Haroon Popal, Sandhya Prabhakaran, Tian Qiu, Srinidhi Ragunathan, Raul Rodriguez-Cruces, David Rolnick, Ashish Kumar Sahoo, Saeed Salehinajafabadi, Cristina Savin, Shreya Saxena, Paul Schrater, Karen Schroeder, Alice C. Schwarze, Madineh Sedigh-Sarvestani, K. Yuvaraj Sekhar, Reza Shadmehr, Maryam M. Shanechi, Siddhant Sharma, Eric Shea-Brown, Krishna V. Shenoy, Carolina L. Shimabukuro, Sergey Shuvaev, Man Ching Alison Sin, Maurice Smith, Nicholas A. Steinmetz, Karolina Stosio, Elizabeth Straley, Gabrielle Strandquist, Carsen Stringer, Rimjhim Tomar, Ngoc Tran, Sofia Triantafillou, Lawrence Udeigwe, Davide Valeriani, Vincent Valton, Maryam Vaziri-Pashkam, Peter Vincent, Gal Vishne, Pascal Wallisch, Peiyuan Wang, Claire Ward, Michael Waskom, Kunlin Wei, Anqi Wu, Zhengwei Wu, Brad Wyble, Lei Zhang, Daniel Zysman, Federico D’Oleire Uquillas, Tara Van Viegen

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No abstract provided.

Re-Envisioning Child Well-Being: Dismantling The Inequitable Intersections Among Child Welfare, Juvenile Justice, And Education, Kele Stewart

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Twenty years after Shattered Bonds, Dorothy Roberts' indictment that the family regulation system polices, disrupts, and restructures Black families and communities remains urgent. Black families remain overrepresented in foster care with enshrined disparate treatment and outcomes. Black children are more likely to be removed from their homes, and their longer stays in foster care are characterized by placement instability, overly restrictive placements, the risk of abuse and exploitation, and inadequate mental health and other services. Black children also have worse educational outcomes than even other children in foster care, are over-referred to the juvenile justice system, and are more …

Psychological Resilience And Cognitive Function Among Older Military Veterans., Justin T Mcdaniel, Erin R Hascup, Kevin N Hascup, Mehul Trivedi, Harvey Henson, Robert Rados, Mary York, David L Albright, Taryn Weatherly, Kaitlyn Frick

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The purpose of this study was to explore the association between psychological resilience and cognitive function in military veterans. We obtained public-use data from the Health and Retirement Study (HRS) for this cross-sectional study of military veterans aged 52 to 101 years (n = 150). We estimated a multivariable linear regression model in which cognitive function served as the dependent variable and psychological resilience served as the independent variable. After controlling for demographics, health conditions, and health behaviors, veterans who had higher psychological resilience scores had better cognitive function (b = 0.22, p = 0.03). Our findings suggest that psychological …

Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi

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No abstract provided.

The Lost Cause Of Free Speech, Mary Anne Franks

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No abstract provided.

Feedback Loops: Keep/Cut, Patrick Barry

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In the first of installment of this new column on feedback in the September Illinois Bar Journal, we began to address the pernicious problem of vague feedback—that unhelpful, empty-calories form of (non) guidance that deprives people of learning what they’re currently doing well and what they need to ix. Without concrete, explicit guidance, it can be really tough to grow and improve.

The Impact Of The Covid-19 Pandemic On First-Generation Women Test-Takers: Magnifying Adversities, Stress, And Consequences For Bar Exam Performance., Freiburger Erin, Victor D. Quintanilla, Kurt Hugenberg, Sam Erman, Nedim Yel, Anita Kim, Mary C. Murphy

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By magnifying gender- and socioeconomic status-based inequalities, the COVID-19 pandemic caused stress and disrupted career progress for professional students. The present work investigated the impact of pandemic-related stress and prevailing barriers on structurally disadvantaged women preparing for a high-stakes professional exam. In Study 1, we found that among US law students preparing for the October 2020 California Bar Exam—the professional exam that enables one to become a practicing attorney in California—first-generation women reported the greatest stress from pandemic-related burdens and underperformed on the exam relative to others overall, and particularly compared to continuing-generation women. This underperformance was explained by pandemic-related …

Marijuana And Patents: The Complicated Relationship Between Patent Rights And The Federal Criminalization Of Marijuana, Reza Roghani Esfahani, Howard Bromberg

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Difficult questions arise in the context of marijuana-related inventions, patent procurement, and patent enforcement. These questions are a subset of the contradictions in the law of marijuana, where the federal government prohibits marijuana use and yet many of the states legalize, regulate, and tax it. This federal prohibition could discourage research into the health effects of marijuana and makes it difficult for marijuana-related innovations to satisfy statutory patentability requirements. It also renders enforcement of marijuana patents questionable, making marijuana businesses and patent owners vulnerable to nonpracticing patent entities, sometimes called "patent trolls."

Advancing Disability Rights-Based Refugee And Asylum Claims, Janet E. Lord, Elizabeth Heideman, Michael Ashley Stein

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No abstract provided.

Staff Stress And Interpersonal Conflict In Secondary Schools—Implications For School Leadership, Patrick Bruce, Carol Bruch, Victor Hrymak, Niamh Hickey, Patricia Mannix Mcnamara

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The importance of school leadership and workplace stress is a recurring theme in educationbased research. The literature reports that workplace stress in teaching is a difficult matter to resolve, with mixed outcomes from interventions. The aim of this initial scoping study was to report on the experiences of school leaders with interpersonal conflict (IPC), a known cause of this workplace stress. Accordingly, a sample of twelve school leaders working in Irish post primary schools were recruited to participate in this study using semi-structured interviews. All twelve participants reported experiencing workplace stress and linked other people as a source of this …

When Teachers Misgender: The Free Speech Claims Of Public School Teachers, Caroline Mala Corbin

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No abstract provided.

The Criminal Legal System Doesn't Care About Your Mental Illness: A Review Of The Other Dr. Gilmer: Two Men, A Murder, And An Unlikely Fight For Justice Review, Fredrick Vars

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No abstract provided.

Legal Fiction: Reading Lolita As A Sentencing Memorandum, Christina Frohock

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No abstract provided.

What Is Consumer Protection For?, Luke Herrine

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When law and economics barreled its way into consumer protection scholarship two score years ago, it brought with it the consumer sovereignty framework: an approach to analysis in which actual markets are compared to an ideal market in which consumers optimize exogenous welfare functions by choosing between optimally competitive sellers. Even after two decades of behavioralist critique and even with increasingly critical perspectives taking root since the Global Financial Crisis, this consumer sovereignty ideal continues to serve as both a descriptive and normative baseline for consumer protection scholarship.

This Article argues that it is time to reconsider the consumer sovereignty …

Are Children's Rights Enough?, Clare Ryan

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No abstract provided.

Contracts In The Age Of Smart Readers, Yonathan A. Arbel, Becher, Shmuel I.

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No abstract provided.

Law's Gaze, John Felipe Acevedo

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No abstract provided.

Volunteer Prosecutors, Russell M. Gold

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No abstract provided.

Vermin Of Proof: Arguments For The Admissibility Of Animal Model Studies As Proof Of Causation In Toxic Tort Litigation, Kristen Ranges, Jessica Owley

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Toxic torts is a body of law that aims to compensate individuals for harms they suffer from exposure to hazardous substances. To successfully bring a toxic tort claim, a plaintiff must prove the main elements of a general tort cause of action: duty, breach, causation, and damages. Causation in a toxic tort case is particularly challenging to prove given the nature of toxic substances. To prove the toxicant in question caused the damages alleged, plaintiffs often present expert testimony based on scientific studies. Animal model studies, in particular, can help factfinders understand the health implications of the toxicants at issue. …

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

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Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …

The Everyday First Amendment, Leonard M. Niehoff, Thomas Sullivan

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On June 26 and June 27, 2019, some twenty contenders for the Democratic nomination for President of the United States participated in two evenings of political debate. The outsized group included Rep. Tulsi Gabbard of Hawaii, who was struggling to gain traction with voters. Shortly after the debate, while many viewers were conducting online searches to learn more about the candidates, Google temporarily suspended her campaign’s advertising account.

Google claimed that the interruption occurred because an automated system flagged unusual activity on the account. But Gabbard did not accept this explanation; she believed that Google deliberately had tried to undermine …

Disarmament, Demobilization, And Reintegration In Colombia: Lost Human Rights Opportunities For Ex-Combatants With Disabilities, Minerva Rivas Velarde, Janet E. Lord, Michael Ashley Stein, Thomas Shakespeare

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This article examines whether and how the circumstances of Colombian ex-combatants with disabilities were recognized in the disarmament, demobilization, and reintegration (DDR) processes in the period following the adoption of the 2016 peace agreement. Our results suggest severe procedural and substantive shortcomings during the drafting of the peace agreement and the implementation of the DDR processes that exacerbated the exclusion of ex-combatants with disabilities from available opportunities for their social, economic, and political reintegration. We conclude that a better understanding of the disabling impact of conflict and the exp

Willard Hurst, Technological Changes, And The Transformation Of American Public Law, William J. Novak

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As Sociobiologist E.O. Wilson once famously framed the “problem of humanity”: “We have paleolithic emotions; medieval institutions; and god-like technology.” America’s greatest philosopher John Dewey similarly placed this yawning gap between rapidly expanding technological change and slowly evolving human emotions and institutions at the heart of what he called The Public and Its Problems. Indeed, Dewey traced the origins of the modern American state as well as what he termed “the Great Society” to the new and modern technologies in production and commerce and steam and electricity that “resulted in a social revolution.” Without warning, Dewey argued, traditional local communities …