Digital Commons Network^™

Driving Impactful Change: Entrepreneurial Insights For Social Responsibility In The Irish Context, Anna Zherdeva, Deirdre Mcquillan, Lucia Morales

Articles

Today’s volatile situation at the global level, provoked by a significant rise in Economic and Political Uncertainty, emerged as an answer on countries attempts to manage the climate change crisis, armed conflicts, the rising cost of living, a growing divide between the more prosperous Global North and the poorest Global South that are reflected on the emergence of multifaceted, multiple and long-lasting crises. During periods of heightened instability and economic uncertainty, businesses struggle to build trusting relationships with stakeholders as they seek to reduce costs. Additionally, companies seek deep engagement as they confront the costs associated with sustainability challenges and …

Next Steps In Online Courts: Accelerating Access To Justice Through Court Technology, J.J. Prescott

Articles

For more than a decade, state courts have been expanding access to justice by adopting online dispute resolution (ODR) platforms and other outward-facing communication technologies. At a deep level, these reforms aim at improving society by bolstering the rule of law. At a surface level, these innovations recognize that the justice system works better when courts and law are easier and less costly to understand and use. In important respects, these efforts have been a success. The accessibility of many state courts is considerably more robust today than it was ten years ago, at least for small-stakes cases, like traffic …

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

Don’T Be Cruel: Cruelty, Complicity, Self-Knowledge, And Growth, Sherman J. Clark

Articles

The papers in this symposium, and the larger body of scholarship to which this symposium is a contribution, ask us to attend to the often brutal and inhumane conditions in American jails and prisons. But why should we do that? Why should we confront the suffering of the incarcerated? Why should we ask ourselves whether that suffering is unjust, unnecessary, or even unconstitutional? The main reason, of course, is that we want to remedy those injustices. We care about the suffering of our fellow human beings, and people do not cease to be our fellow human beings merely because they …

Exploring The Characteristics Of Conversational Agents In Chronic Disease Management Interventions: A Scoping Review, Ekaterina Uetova, Lucy Hederman, Robert Ross, Dympna O’Sullivan

Articles

Objective

With the increasing global burden of chronic diseases, there is the potential for conversational agents (CAs) to assist people in actively managing their conditions. This paper reviews different types of CAs used for chronic condition management, delving into their characteristics and the chosen study designs. This paper also discusses the potential of these CAs to enhance the health and well-being of people with chronic conditions.

Methods

A search was performed in February 2023 on PubMed, ACM Digital Library, Scopus, and IEEE Xplore. Studies were included if they focused on chronic disease management or prevention and if systems were evaluated …

The Impact Of Explaining Vegetarian Meal Requests On The Affective Responses And Perceptions Of Meat Eaters, Emma Howard, Kate Laffan Dr

Articles

Social situations can present challenges for those looking to reduce or avoid eating meat. In an experimental vignette study with a large representative sample of 1,117 UK-based meat eaters, we explore affective responses to requests for vegetarian meals and perceptions of those making the request across four social situations: a BBQ, a pub, a restaurant dinner, and a dinner party. We examine moderators of these perceptions including whether the requester presents themselves as vegetarian or a meat restrictor and whether they cite health, environmental or no motives for their request. Overall, we find that these moderators have a greater impact …

Chenery Ii Revisited, Daniel T. Deacon

Articles

Ever since the Supreme Court’s 1947 decision in SEC v. Chenery Corporation, known as Chenery II, agencies have enjoyed wide latitude to develop policy through individual adjudications in addition to rulemaking. Chenery II has never been completely uncontroversial, and in recent years, calls to overturn or limit it have been expressed in increasingly fervent tones. Agency policymaking by adjudication has emerged as a new front in the struggle over the administrative state.

Against the backdrop of such calls, this Article revisits some of the fundamental questions concerning the Chenery II doctrine. I argue in favor of retaining Chenery II’s core …

Theistic Illiberal Constitutionalism: A Review Of Adrian Vermeule’S Common Good Constitutionalism, Kyron J. Huigens

Articles

Adrian Vermeule’s Common Good Constitutionalism drew a remarkable amount of attention from constitutional law scholars when it was published in 2020. About eighteen months later, Vermeule published a piece complaining that the critics had missed the point, that they had ignored the natural law jurisprudence that grounds the work. He was correct. This Review addresses Vermeule’s natural law jurisprudence, emphasizing the fact that it is a religious natural law jurisprudence. His arguments are in the tradition of ScholasticismAristotelian logic incorporated into Christian theology by St. Thomas Aquinas. Scholasticism is a remarkably weak foundation for constitutional jurisprudence. It is a vast …

Multi-Generation Queer Families: Foregrounding The Lgbtqia+ Children Of Lgbtqia+ People, Bella Mancini Pori, Edward Stein

Articles

In the last several years, state legislatures have passed a disturbing array of anti-queer laws that target queer (especially trans) children. The basic fear animating these laws is that exposure to LGBTQ people or LGBTQ supportive ideas will somehow turn straight children queer. LGBTQ activists have responded to the concern that exposure to queer people or ideas will make children queer by arguing that sexual orientations are innate or immutable. This immutability argument is problematic, first, because it avoids confronting the normative judgment at the heart of the fear of a queer child by failing to say that there is …

Analysis Of R X C Tables Containing Outliers, David L. Farnsworth

Articles

We examine the problem of accommodating outliers in 𝑟 × 𝑐 tables of measurement data when there are no replications. The suggested strategy for the determination of the cells that contain outliers and for handling them analytically is easily understood and implemented in practice and presented in even the most elementary statistics course along with the course’s ANOVA material.

A Social Status Theory Of Defamation Law, Yonathan A. Arbel

Articles

Despite deep inequality in social status and social capital in American society, legal scholarship has done relatively little to understand the structures that produce status and maintain its distribution. The Article argues that defamation law plays such a role. The orthodox view is that defamation law's goal is to protect dignity. This view was expressed in a famous Supreme Court holding in 1966, which held that defamation law is necessary to protect "the essential dignity" of "every human being. " The later seminal work of Robert Post cemented it. Seemingly unrelated, scholars of defamation law have found its structure mystifying, …

Comparing The Roles Of Secondary Schools And Universities In The Formation Of British Cabinet Ministers1922-2022, John William Hogan, Sharon Feeney

Articles

The role played by the education system in the creation and reproduction of governing elites, and its countervailing potential to create a more meritocratic and egalitarian society, has been a topic of enduring concern. However, these debates have been rendered opaque by an inability to directly compare elite formation systems both within and between countries. To resolve this problem, we employ elite formation quantitative indices to compare the roles of the secondary school and higher education systems, of the United Kingdom of Great Britain and Northern Ireland, in the formation of its political elite – cabinet ministers – between 1922–2022. …

Sexual Assault Victims Face A Penalty For Adjacent Consent, Jillian J. Jordan, Roseanna Sommers

Articles

Sexual assault is pervasively underreported, and victims are often blamed and stigmatized. We highlight an important but overlooked factor that may contribute to these outcomes: adjacent consent. Even when a rape is objected to verbally and physically, and accomplished only through violent force, respondents see the victim as less virtuous and deserving of support if she previously consented to something sexual with her perpetrator (e.g., kissing, foreplay, sex on a prior occasion). Our findings are striking in an age of “no means no” and “affirmative consent”—and notably hold among even young and politically progressive respondents who do not otherwise disapprove …

Sex-Dependent Differences In Vulnerability To Early Risk Factors For Posttraumatic Stress Disorder: Results From The Aurora Study, Stephanie Haering, Antonia V. Seligowski, Sarah D. Linnstaedt, Vasiliki Michopoulos, Stacey L. House, Francesca L. Beaudoin, Xinming An, Thomas C. Neylan, Robert A. Swor

Articles

No abstract provided.

Designing Self-Management For And With Persons Living With Dementia Osullivan, Dympna, Dympna O'Sullivan, Michael Wilson, Damon Berry, Orla Moran, Siobhan O,Neill, Ciaran Nugent, Jonathan Turner, Julie Doyle

Articles

Promoting high quality of life for persons living with dementia has emerged as a central goal in global public health agendas. The emphasis has shifted from extending life to actively enhancing overall well-being by postponing or preventing additional disability. This represents a departure from traditional medical perspectives on dementia to a more socially-oriented approach, placing a strong focus on wellbeing.

In parallel, the concept of self-management for people with living dementia has emerged, where this is a person-centred approach in which the individual is empowered and has ownership over the management of their life and condition. Practice recommendations for person-centered …

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

Articles

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 vulnerable …

Now You Have It, Now You Don’T: Taxing Crypto, Part 1, Reuven S. Avi-Yonah

Articles

The latest rise in the value of bitcoin has rekindled the debate on whether cryptocurrencies perform a useful function. For example, a recent article in the Financial Times argued: Have we learnt the lessons from the disastrous 2022 crash in digital assets? To judge from recent action in the crypto market, the answer appears to be no. Since hitting bottom after FTX collapsed into bankruptcy with a $9bn-ish hole in its balance sheet in November 2022, crypto market values have roughly tripled. Bitcoin’s price rose above $70,000 this week to touch record highs. A new wave of enthusiasm is growing, …

All Roads Lead To Rome: Combating Impunity For Perpetration Of Slave Trade And Slavery Crimes, Jocelyn Getgen Kestenbaum

Articles

The Republic of Sierra Leone has proposed amendments to the Rome Statute of the International Criminal Court (ICC) to include, inter alia, provisions for the slave trade as a crime against humanity and has recommended that the General Assembly include the slave trade as an enumerated crime in the Draft articles on Prevention and Punishment of Crimes Against Humanity (CAH) (Draft articles). This declaration came nearly five years after Cardozo’s Benjamin B Ferencz Human Rights and Atrocity Prevention Clinic, on behalf of slavery crimes expert Patricia Viseur Sellers, sent commentaries to the United Nations International Law Commission (ILC) to revise …

Should Racially Vulnerable Victims Show Mercy?, Ekow N. Yankah

Articles

On June 17, 2015, twenty-one-year-old Dylann Roof entered the Emanuel African Methodist Episcopal Church in Charleston, South Carolina, sat, and prayed with nine congregants for at least an hour before pulling out a handgun and killing Cynthia Hurd, Susan Jackson, Ethel Lance, DePayne Middleton-Doctor, State Senator Rev. Clementa Pinckney, Tywanza Sanders, Rev. Daniel Simmons, Sharonda Singleton, and Myra Thompson.' He left three survivors, explicitly so they could "tell the story" of his killings. Roof did so for his own demented reasons; his racist rage was laid out publicly in an online manifesto, and he hoped his murders would begin a …

Beyond The Human: Crossovers For An Onto-Epistemological Bifurcation, Ester Toribio-Roura

Articles

Building upon recent studies in new materialisms and feminist critical posthumanism with a focus on human and more-than-human relationships, this paper examines how the posthuman paradigm, by postulating the queering of identit(ies) via entanglement with the more-than-human (including technology), and by offering a critical examination of diverse modes of existence within a broader ecological context, can foster more inclusive and ethically sound ways of being in the world. Although posthumanism encompasses a wide range of perspectives and theories, including transhumanism, at its core, it challenges traditional notions of humanism, blurring the boundaries between what is human and what is more-than-human, …

Dual-Systems And Fuzzy-Trace Theory Predictions Of Covid-19 Risk Taking In Young Adults, Sarah M. Edelson, Valerie F. Reyna, Bridget B. Hayes, David M. N. Garavito

Articles

Risk-reduction behaviors are the first line of defense in viral epidemics. Choosing to not engage in risk-reduction behaviors produced millions of preventable deaths from COVID-19. Understanding why this happens and how to predict it is important for theory development and public policy. We took four approaches to this problem: experimentally varying theory-driven predictors (social rewards, transmission risk, and mandatory/voluntary regulations) in choice scenarios, further probing choices in specific scenarios predicted to elicit risk taking, conducting hierarchical regressions with demographic and theory-driven predictors for both scenario types, and conducting corresponding regressions for self-reported protective behaviors. The sample consisted of 247 young …

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 …

Bounded Entities And (Some Of) Their Discontents, Saurabh Vishnubhakat

Articles

In his new article An Organizational Theory of International Technology Transfer, Professor Peter Lee offers two richly detailed accounts at once. One is a novel theoretical framework of "bounded entities" that generalizes both from the classic theory of the firm and, of more recent vintage, from the knowledge-based theory of the firm to specify a broader notion of organizations that are bounded in the sense of robust internal integration through corporate or contractual means. In short, such entities are not firms but resemble them in consequential ways. The other account is a practical elaboration of bounded entities that are multinational …

Big Data Searches And The Future Of Criminal Procedure, Mary Fan

Articles

This Article proceeds in three parts. Part I illuminates the nostalgic Luddism that influences Fourth Amendment jurisprudence and the challenges posed by evolving technologies to this dominant lens. This Part explains the operation of geofence and keyword warrants and how their power to crack cold cases by unidentified perpetrators both tempt and terrify. The confusion in the courts over the constitutionality of geofence and keyword warrants is emblematic of the larger challenges of the Romantic Luddism in Fourth Amendment originalism that has grown in influence over the decades.

Part II frames and theorizes the concepts of collateral impact and collateral …

What Matters In Moore, Reuven Avi-Yonah

Articles

Why does the pending Moore case in the Supreme Court matter? The obvious answer is that if the Court decides that realization is a constitutional requirement for an income tax, the holding will have significant implications for the existing income tax regime. Depending on how broad the decision is, it could enable constitutional challenges to subpart F, the global intangible low-taxed income regime, partnership and subchapter S taxation, and sections 275, 877A, 1256, and 1259, to name just a few. And even if most or all of these challenges are ultimately decided against the taxpayers (for example, because realization does …

What Can State Medical Boards Do To Effectively Address Serious Ethical Violations?, Tristan Mcintosh, Elizabeth Pendo, Heidi A. Walsh, Kari A. Baldwin, Patricia King, Emily E. Anderson, Catherine V. Caldicott, Jeffrey D. Carter, Sandra H. Johnson, Katherine Matthews, William A. Norcross, Dana C. Shaffer, James M. Dubois

Articles

State Medical Boards (SMBs) can take severe disciplinary actions (e.g., license revocation or suspension) against physicians who commit egregious wrongdoing in order to protect the public. However, there is noteworthy variability in the extent to which SMBs impose severe disciplinary action. In this manuscript, we present and synthesize a subset of 11 recommendations based on findings from our team’s larger consensus-building project that identified a list of 56 policies and legal provisions SMBs can use to better protect patients from egregious wrongdoing by physicians.

Distinguishing Privacy Law: A Critique Of Privacy As Social Taxonomy, María P. Angel, Ryan Calo

Articles

What distinguishes privacy violations from other harms? This has proven a surprisingly difficult question to answer. For over a century, privacy law scholars labored to define the elusive concept of privacy. Then they gave up. Efforts to distinguish privacy were superseded at the turn of the millennium by a new approach: a taxonomy of privacy problems grounded in social recognition. Privacy law became the field that simply studies whatever courts or scholars talk about as related to privacy.

Decades into privacy as social taxonomy, the field has expanded to encompass a broad range of information-based harms—from consumer manipulation to algorithmic …

What Do Consumers Understand About Predispute Arbitration Agreements? An Empirical Investigation, Roseanna Sommers

Articles

The results of a survey of 1,071 adults in the United States reveal that most consumers do not pay attention to, let alone understand, arbitration clauses in their everyday lives. The vast majority of survey respondents (over 97%) report having opened an account with a company that requires disputes to be submitted to binding arbitration (e.g., Netflix, Hulu, Cash App, a phone or cable company), yet most are unaware that they have, in fact, agreed to mandatory arbitration (also known as “forced arbitration”). Indeed, over 99% of respondents who think they have never entered into an arbitration agreement likely have …

Immigration - Lifeboat Earth - Is The Boat Full, Thomas Power

Articles

The Lifeboat Earth metaphor requires western liberals to consider answers to those normative questions posed by Hardin. But the answer to them possibly depends on the economic effects of immigration and this can come from both economic theory and research.

Planning Report For The University Of Washington Center On Intimate Partner Violence Research, Policy And Practice, Mary A. Kernic, Avanti Adhia, Anna E. Bender, Natalie Dolci, Alice M. Ellyson, Mary Fan, V. Kalei Kanuha, Jennifer Piel, Dana Raigrodski, Ali Rowhani-Rahbar, Kiana Swearingen, Denise Walker, Carolyn West

Articles

This report is respectfully submitted to fulfill the legislative mandate pursuant to Section 602 of Engrossed Second Substitute House Bill 1715 (2023) to generate a plan for the establishment of a University of Washington (UW) center on intimate partner violence (IPV) research, policy and practice. The goals of the center are to conduct IPV research, widely disseminate evidence-based and other high quality research to best inform policy and practice-based efforts in IPV prevention and harm reduction, and to ensure these efforts are informed and responsive to the needs of survivors and others impacted by IPV in Washington State.