Digital Commons Network^™

Recovery Of Memory After Cerebral Artery Aneurysm Surgery, Ljiljana Pačić-Turk, Petra Jandrijevic, Ana Havelka-Meštrović

Articles

The principal study objective was to define whether memory deficits (numerical, working, verbal-mechanical, verbal-logical and visual memory) occurred in patients submitted to surgery for brain artery aneurysm and whether significant recovery of memory took place with time. The study sample included 92 patients, i.e. 35 (38%) male and 57 (62%) female patients aged 27 to 76 years. Neuropsychological testing was conducted at Zagreb University Hospital Centre, Department of Neurosurgery, from 1998 to 2012, in two time intervals: first within 11 months following surgery, and then 12 to 48 months after surgery. The obtained results showed that verbal-mechanical, verballogical, and visual …

Catch And Kill: Does The First Amendment Protect Buying Speech To Bury It?, Leonard M. Niehoff

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The news media usually chase stories in order to publish them—but sometimes not so much. In some instances, media entities vigorously pursue a story—and purchase the source’s right to tell it—for the specific purpose of ensuring that it does not see the light of day. This practice, commonly called “catch and kill,” has recently come under close scrutiny and raises a host of questions.

These include pragmatic questions: Does the practice work? Can the media entity (or a third-party beneficiary) really enforce the underlying contract? Doesn’t the source’s willingness to abide by the contract come down to a simple economic …

Targeting Poverty In The Courts: Improving The Measurement Of Ability To Pay Fines, Meghan M. O'Neil, J.J. Prescott

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Ability-to-pay determinations are essential when governments use money-based alternative sanctions, like fines, to enforce laws. One longstanding difficulty in the U.S. has been the extreme lack of guidance on how courts are to determine a litigant’s ability to pay. The result has been a seat-of-the-pants approach that is inefficient and inaccurate, and, as a consequence, very socially costly. Fortunately, online platform technology presents a promising avenue for reform. In particular, platform technology offers the potential to increase litigant access, reduce costs, and ensure consistent and fair treatment—all of which should lead to more accurate sanctions. We use interviews, surveys, and …

The Case Against Expanding Defamation Law, Yonathan A. Arbel, Murat Mungan

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It is considered axiomatic that defamation law protects reputation. This proposition--commonsensical, pervasive, and influential-- is faulty. Underlying this fallacy is the failure to appreciate audience effects: the interaction between defamation law and members of the audience.

Defamation law seeks to affect the behavior of speakers by making them bear a cost for spreading untruthful information. Invariably, however, the law will also affect members of the audience, as statements made in a highly regulated environment tend to appear more reliable than statements made without accountability. Strict defamation law would tend to increase the perceived reliability of statements, which in some cases …

An Exploratory Study Of Extremesport Athletes’ Nature Interactions:From Well-Being To Pro-Environmental Behavior, Tadhg Eoghan Macintyre, Andree M. Walkin, Juergen Beckmann, Giovanna Calogiuri, Susan Gritzka, Greig Oliver, Aoife Donnelly, Giles Warrington

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Traditionally, perceptions about extreme sport athletes being disconnected fromnature and a risk-taking population have permeated the research literature. Drawingupon theoretical perspectives from environmental, sport, organizational and positivepsychology, this qualitative study attempts to explore the lived experiences of fourmale and four female extreme sport athletes. The purpose of this study was togain insight and understanding into the individuals’ attitudes toward the benefits ofextreme sport activities for well-being, resilience and pro-environmental behavior. Eightparticipants (Mean age = 40.5 years;SD=±12.9) provided written informed consentto partake in semi-structured interviews. Each athlete provided written consented toallow the publication of their identifiable data and in order to …

Does It Take Three To Dance The Tango? Organizational Design, Triadic Structures And Boundary Spanning Across Subunits, Stefano Tasselli, Alberto Caimo

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In this paper, we investigate the processes of boundary spanning across subunits within organizational networks. We hypothesize that patterns of advice across organizational subunits are explained by different triadic mechanisms depending on the organizational design of the intra-organizational network. In organizational networks characterized by flat hierarchy, we found triadic cyclic closure to be positively associated to boundary spanning across subunits; but when the network reflects an organizational structure with formal hierarchical differentiation among members, then we found triadic transitive closure to be associated to boundary spanning across subunits. We test these predictions in two empirical studies consisting of two organizational …

Using Drawings To Understand Perceptions Of Civic Engagement Across Disciplines: ‘Seeing Is Understanding’, Sharon Feeney, John Hogan

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In this article, we wish to investigate if disciplinary differences exist among students when considering the topic of civic engagement. We use freehand drawing to create a learning environment in the classroom wherein students can seek to develop meaningful associations with civic engagement. The drawings examined here, produced by three different class groups, provide insights into how young adults perceive their society and their place in it, and thus communicate their understanding of civic engagement. Freehand drawing, in bypassing cognitive verbal processing routes, leads students to produce clearer and more holistic images. It allows them to put into visuals a …

Craft Beer And The Rising Tide Effect: An Empirical Study Of Sharing And Collaboration Among Seattle’S Craft Breweries, Zahr K. Said

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This qualitative empirical research project studies Seattle’s craft brewing industry as a thriving entrepreneurial ecosystem that displays widespread collaboration and innovation. Drawing on data collected in 22 face-to-face formal interviews conducted with industry participants, the Article explores the community’s attitudes, practices, and norms with respect to collaboration and intellectual property (IP). It joins a growing body of qualitative empirical IP scholarship that maps misalignments between law and practice “on the ground,” seeking to offer a more accurate and pluralistic account of an innovative industry. The craft brewing community in Seattle cooperates extensively while continuing to compete actively for consumers. In …

Note: The Prisoner’S Dementia: Ethical And Legal Issues Regarding Dementia And Healthcare In Prison, David M. N. Garavito

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This Note will give an overview of the political and legal issues that lead to the underdiagnosing of dementias in prison populations and the problems associated with such underdiagnosing. Part I will discuss various forms of dementia that place the prison population at risk, providing general information about both pathology and symptomology of these disorders. Part II will provide an overview of the laws and policies surrounding the healthcare of prisoners and how these policies could lead to underdiagnosing problems specifically with neurological problems like dementia. Part III will describe how the symptomology of dementia, especially for those who remain …

Black, Poor, And Gone: Civil Rights Law’S Inner-City Crisis, Anthony V. Alfieri

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In recent years, academics committed to a new law and sociology of poverty and inequality have sounded a call to revisit the inner city as a site of cultural and socio-legal research. Both advocates in anti-poverty and civil rights organizations, and scholars in law school clinical and university social policy programs, have echoed this call. Together they have embraced the inner city as a context for experiential learning, qualitative research, and legal-political advocacy regarding concentrated poverty, neighborhood disadvantage, residential segregation, and mass incarceration. Indeed, for academics, advocates, and activists alike, the inner city stands out as a focal point of …

From Dreaming To Believing: A Review Of Consumer Engagement Behaviours With Brands’ Social Media Content Across The Holiday Travel Process, Dean Creevey, Etain Kidney, Glenn Mehta

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This paper reviews social media user engagement behaviours with brands and proposes a new stage within the travel process. Specifically, the pre-trip stage is examined and investigation into a two sub-stage split is proposed; pre-purchase and post-purchase. Dubbed the Believing phase, this paper calls for research into the patterns of engagement behaviour towards hotel brands’ content at this currently under-researched stage. Current social media-focussed research examines influence on purchasing decisions of users, social media usage on-site, and post-trip evaluation. There remains a conceptual gap highlighting the behavioural patterns of users during the period between initial purchase and subsequent departure.

Should Good People Be Doctors: A Comment On Paul Butler And Anonymous, Richard Delgado

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No abstract provided.

Innovation Agents, Mirit Eyal-Cohen

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The standard narrative of entrepreneurship is one of self-employed creative individuals working out of their garage or independently owned start-up companies. Intrapreneurship--where employees are responsible for being alert to new opportunities inside firms--is another model for developing innovations. Relatively little is known, however, about the latter process through which large, complex firms engage in groundbreaking corporate entrepreneurship. This Article's focus is on these types of innovation agents. It provides a thorough account of the positive and negative spillovers of intrapreneurial firms while making the following key points: First, intrapreneurial companies utilize their economies of scale, scope, and age to deliver …

Social Freedom, Democracy And The Political: Three Reflections On Axel Honneth's Idea Of Socialism, Stephen W. Sawyer, William J. Novak, James T. Sparrow

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Axel Honneth’s Idea of Socialism is an important clarion call for an urgent rethinking of the possibilities of a socialism for the twenty-first century. One of the most surprising and satisfying aspects of Axel Honneth’s timely new book is its recovery of the continued vitality of John Dewey’s pragmatic democratic philosophy. These reflections on Honneth’s use of John Dewey for democratizing social freedom, take stock of and explore the political limits of Honneth’s social reconstruction.

Religious Slaughter And Animal Welfare Revisited: Cjeu, Liga Van Moskeeen En Islamitische Organisaties Provincie Antwerpen (2018), Anne Peters

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The article comments on a Grand Chamber judgment by the Court of the European Union on animal slaughter according to Islamic prescriptions. The relevant European Union laws prescribe that religious slaughter without stunning of the animal may only take place in approved slaughterhouses. This causes a shortage during the Muslim Feast of Sacrifice in the Belgian province ofAntwerp. The EU law provisions are in conformity with the animal welfare mainstreaming clause of the Treaty on the Functioning of the European Union. Moreover, the EU regulation and its application in the concrete case does not violate the fundamental right of free …

Clown Eggs, Dave Fagundes, Aaron Perzanowski

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Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

The Role Of Previous Discourse In Identifying Public Textual Cyberbullying, Aurelia Power, Anthony Keane, Brian Nolan, Brian O'Neill

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In this paper we investigate the contribution of previous discourse in identifying elements that are key to detecting public textual cyberbullying. Based on the analysis of our dataset, we first discuss the missing cyberbullying elements and the grammatical structures representative of discourse-dependent cyberbullying discourse. Then we identify four types of discourse dependent cyberbullying constructions: (1) fully inferable constructions, (2) personal marker and cyberbullying link inferable constructions, (3) dysphemistic element and cyberbullying link inferable constructions, and (4) dysphemistic element inferable constructions. Finally, we formalise a framework to resolve the missing cyberbullying elements that proposes several resolution algorithms. The resolution algorithms target …

Antitrust In Digital Markets, John M. Newman

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Antitrust law has largely failed to address the challenges posed by digital markets. At the turn of the millennium, the antitrust enterprise engaged in intense debate over whether antitrust doctrine, much of it developed during a bygone era of smokestack industries, could or should evolve to address digital markets. Eventually, a consensus emerged: although the basic doctrine is supple enough to apply to new technologies, courts and enforcers should adopt a defendant-friendly, hands-off approach.

But this pro-defendant position is deeply- and dangerously- flawed. Economic theory, empirical research, and extant judicial and regulatory authority all contradict the prevailing views regarding power, …

Reputation Failure: The Limits Of Market Discipline In Consumer Markets, Yonathan A. Arbel

Articles

Many believe that consumer-sourced reputational information about products should increasingly replace top-down regulation. Instead of protecting consumers through coercive laws, reputational information gleaned from the wisdom of the crowd would guide consumer decision-making. There is now a growing pressure to deregulate in diverse fields such as contracts, products liability, consumer protection, and occupational licensing.

This Article presents a common failure mode of systems of reputation: "Reputation Failure." By spotlighting the public-good nature of reviews, rankings, and even gossip, this Article shows the mismatch between the private incentives consumers have to create reputational information and its social value. As a result …

Conceptualising Talent In Multinational Hotel Corporations, Stefan Jooss, Anthony Mcdonnell, Ralf Burbach, Vlad Vaiman

Articles

Purpose – To identify, develop and retain talent, an important first step is to ensure that key stakeholders in the talent management (TM) process have a shared view of what is meant by talent within the organisation. The purpose of this paper is to conceptualise how talent is defined in the context of the hospitality industry and to examine the degree of (mis)alignment among corporate and business unit leaders.

Design/methodology/approach – The paper uses a qualitative approach consisting of 73 interviews with stakeholders at corporate and business unit levels in three multinational hotel corporations. In addition, documents were collected and …

Metamorphosis: A Minority Professor's Life, Richard Delgado

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This article is a dark semiautobiographical takeoff on a famous novel by Franz Kafka I use the predicament of Gregor the central character in The Metamorphosis as a thematic metaphor to explain a series of events in the life of an outwardly successful man of color teaching law It proceeds in a series of 37 short vignettes told in the course of a bedside conversation in which my young firebrand Rodrigo turns tables on his usual foil and straight man "the Professor" and asks him a few questions about his life and career Until now the two had focused on …

Attacking Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

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Economists generally agree that innovation is important to economic growth and that government support for innovation is necessary. Historically, the U.S. government has supported innovation in a variety of ways: (1) a strong legal system for patents; (2) direct support through research performed by government agencies, grants, loans, and loan guarantees; and (3) indirect support through various tax incentives for private firms. In recent years, however, we have seen a weakening of the U.S. patent system, a decline in direct funding of research, and a weakening of tax policy tools used to encourage new innovation. These disruptive changes threaten the …

The Surprising Reach Of Fda Regulation Of Cannabis Even After Rescheduling, Sean M. O'Connor, Erika Lietzan

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As more states legalize cannabis, the push to “deschedule” it from the Controlled Substances Act is gaining momentum. At the same time, the Food and Drug Administration (FDA) recently approved the first conventional drug containing a cannabinoid derived from cannabis—cannabidiol (CBD) for two rare seizure disorders. This would all seem to bode well for proponents of full federal legalization of medical cannabis. But some traditional providers are wary of drug companies pulling medical cannabis into the regular small molecule drug development system. The FDA’s focus on precise analytical characterization and on individual active and inactive ingredients may be fundamentally inconsistent …

Caring For The Care‐Giver: Debriefing Following Intra‐Operative Death, Roy Soto, Julie Kado, Bryan Kerner, Paul O’Leary, Gerald Rosen

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Introduction: Intraoperative death affects a team of individuals, each with different levels of training and experience. Although briefings, time-outs, and debriefings have been well described, it is unclear how often they occur following intraoperative catastrophic events. We utilized an electronic survey to assess the frequency and potential utility of a formal debriefing process following the intraoperative death of a patient, and discuss our findings in light of the mental well-being of perioperative medical personnel. Methods:A 19 question electronic survey was distributed to primary operating room staff in two hospital systems. The survey was designed to identify which OR staff members …

Peace And Subjectivity, Louis E. Wolcher

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So long as there is law there can be no universal human right to peace. This is because legalized violence, whether in threat or in deed, constitutes the very antithesis of peaceful relations from the point of view of those whom law represses. Law cannot define peace as the absence of all violence—and still less as the absence of all legalized suffering—without gainsaying justice, for as Pascal says, “Justice without might is helpless; might without justice is tyrannical.” Although legal outcomes, like falling boulders and pouncing lions, can always be imputed to historical causes, experience teaches that legal actors generally …

Adaptive Heuristics That (Could) Fit: Information Search And Communication Patterns In An Online Forum Of Investors Under Market Uncertainty, Niccolo Casnici, Marco Castellani, Flaminio Squazzoni, Manuela Testa, Pierpaolo Dondio

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This article examines information-search heuristics and communication patterns in an online forum of investors during a period of market uncertainty. Global connections, real-time communication, and technological sophistication have created an unpredictable market environment. As such, investors try to deal with semantic, strategic, and operational uncertainty by following heuristics that reduce information redundancy. In this study, we have tried to find traces of cognitive communication heuristics in a large-scale data set including 8 years of online posts (2004–2012) for a forum of Italian investors. We identified various market volatility conditions on a daily basis to understand the influence of market uncertainty …

Comparing Grounded Theory And Phenomenology As Methods To Understand Lived Experience Of Engineering Educators Implementing Problem-Based Learning, Shannon Chance, Gavin Duffy, Brian Bowe

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Convincing teachers to implement pedagogical innovations is notoriously hard. This research project investigated the shift in pedagogical approach among a small group of faculty as they replaced traditional lecture-based methods with problem-based learning projects. Interviews were conducted with eight drivers of this change, around the question: What was it like to be part of a learning group focused on tangible change toward student-centred learning? Objectives were to understand how pedagogical change happened in an electrical engineering programme at a post-secondary institution in Ireland; analyse data using two different research methods; describe the processes, results, and findings, determining: To what extents …

Econophysics And Fractional Calculus: Einstein's Evolution Equation, The Fractal Market Hypothesis, Trend Analysis And Future Price Prediction, Jonathan Blackledge, Derek Kearney, Marc Lamphiere, Raja Rani, Paddy Walsh

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This paper examines a range of results that can be derived from Einstein’s evolution equation focusing on the effect of introducing a Lévy distribution into the evolution equation. In this context, we examine the derivation (derived exclusively from the evolution equation) of the classical and fractional diffusion equations, the classical and generalised Kolmogorov–Feller equations, the evolution of self-affine stochastic fields through the fractional diffusion equation, the fractional Poisson equation (for the time independent case), and, a derivation of the Lyapunov exponent and volatility. In this way, we provide a collection of results (which includes the derivation of certain fractional partial …

The Study Of Grit In Engineering Education Research: A Systematic Literature Review, Shannon Chance, Inês Direito, Manish Malik

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Researchontheroleofgrit–definedasbothperseveranceandpassionfor long-termgoals–onhumanperformancehasbeenconductedforthepast decade. It has been suggested that this non-cognitive factor is a better predictor of students’ retention than traditional academic measures. These findings hold relevance for engineering education research but studies on this area are still scarce. This paper provides a systematic review of the current state of research on grit and its correlates in engineering higher education research. Publications were identified using three types of databases specific to engineering education; a final set of 31 relevant records was analysed by type of population, methods, research topics and main results. Most of the reviewed studies implemented quantitative methodologies to …

Ultrasound/Elastography Techniques, Lipidomic And Blood Markers Compared To Magnetic Resonance Imaging In Non-Alcoholic Fatty Liver Disease Adults, Irene Cantero, Mariana Elorz, Itziar Abete, Bertha Araceli Marin, Jose Ignacio Herrero, Jose Ignacio Monreal, Alberto Benito, Jorge Quiroga, Ana Martínez, Pilar Huarte, Juan Isidro Uriz-Otano, Josep Antoni Tur, John Kearney, J. Alfredo Martinez, M. Angeles Zulet

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Introduction: Non-alcoholic fatty liver disease (NAFLD) may progress to steatohepatitis, cirrhosis and complicated hepatocellular carcinoma with defined differential symptoms and manifestations. Objective: To evaluate the fatty liver status by several validated approaches and to compare imaging techniques, lipidomic and routine blood markers with magnetic resonance imaging in adults subjects with non-alcoholic fatty liver disease. Materials and methods: A total of 127 overweight/obese with NAFLD, were parallelly assessed by Magnetic Resonance Imaging (MRI), ultrasonography, transient elastography and a validated metabolomic designed test to diagnose NAFLD in this cross-sectional study. Body composition (DXA), hepatic related biochemical measurements as well as the Fatty …