Digital Commons Network^™

Digital Accessibility In Iran: An Investigation Focusing On Iran's National Policies On Accessibility And Disability Support, Laleh Nourian, Kristen Shinohara, Garreth W. Tigwell

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Digital accessibility has become an important topic in the field of HCI, but when looking at accessibility on a global scale, we find that the representation of accessibility research is mostly centered in the Global North with countries that are WEIRD (Western, Educated, Industrialized, Rich, and Democratic). Our paper explores digital accessibility in Iran, focusing exclusively on its national policies on accessibility. Iran is a non-WEIRD country located in the Global South, with no reports on its digital accessibility status from the Global Initiative for Inclusive Information and Communication Technologies (G3ict). We found that there is not enough focus on …

Satdbailiff- Mining And Tracking Self-Admitted Technical Debt, Mohamed Wiem Mkaouer, Eman Abdullah Alomar, Ben Christians, Mihal Busho, Ahmed Hamad Alkhalid, Christian D. Newman

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Self-Admitted Technical Debt (SATD) is a metaphorical concept to describe the self-documented addition of technical debt to a software project in the form of source code comments. SATD can linger in projects and degrade source-code quality, but it can also be more visible than unintentionally added or undocumented technical debt. Understanding the implications of adding SATD to a software project is important because developers can benefit from a better understanding of the quality trade-offs they are making. However, empirical studies, analyzing the survivability and removal of SATD comments, are challenged by potential code changes or SATD comment updates that may …

Feminist Ethics And Research With Women In Prison, Christina Quinlan, Lucy Baldwin, Natalie Booth

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In this article, a new model, An Ethic of Empathy, is proposed as a guide for researchers, particularly new scholars to the discipline. This model emerged from the authors’ concerns regarding the application of ethics to studies that focus on the experience of female offenders in criminal justice systems. The key issue is the vulnerability of incarcerated and post-release women in relationship to the powerful status of social scientist researchers. The complexity of ethics in such research settings necessitates a particular ethical preparation, involving formation, reflection, understanding, commitment, care, and empathy. Three cases are outlined which document the authors’ ethical …

The Impact Of R&D Innovation Success On The Relationship Between R&D Investment And Financial Leverage, Vincent O’Connell, Naser Abughazaleh, Yasean Tahat, Garvan Whelan

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This paper explores the interrelationship between R&D investment, financial leverage, and a firm’s R&D innovation success. Using a sample of UK and EU firms, we predict that changes in oneyear- ahead R&D investment are negatively associated with changes in financial leverage in the current period. Crucially, we also predict that this negative association is positively moderated by the extent to which firms are successful in generating commercially viable and technically feasible innovations from their R&D work. We use insights from International Accounting Standard (IAS) 38: Intangible Assets to measure R&D innovation success. Our empirical findings offer strong support for each …

Passage Tombs And Wind Turbines—A Contested Relationship?, Frank Prendergast, Muiris O'Sullivan Prof

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Geospatial and archaeoastronomical analysis of the proposed location of large-scale wind turbines showed a significant negative visual impact on two National Monuments (Knockroe and Kilkieran) and on a hilltop passage tomb at Baunfree. These places straddle county boundaries and their constituent monuments are components of a rare and internationally important prehistoric landscape. Tipperary County Council gave considerable weight to the findings described in this paper in making their decision to refuse planning permission.

Civil Rico Suits Against Harm-Causing Marijuana Operations: Momtazi Family, Llc V. Wagner As A Case Study, Richard Henry Seamon, Kassadie F. Dunham

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Hemp was legalized as a matter of federal law in the 2018 Farm Bill, but the use of cannabis for recreational and medicinal purposes remains a federal crime. This has not stopped an increasing number of states from legalizing recreational and medicinal cannabis as a matter of state law. Unless and until cannabis is legalized on a federal level, coordinated activity to produce and distribute it for recreational and medicinal use can constitute "racketeering activity" under the federal Racketeer Influenced and Corrupt Organizations Act ("RICO') and give rise to "civil RICO" lawsuits by private plaintiffs. This article examines one particular …

Whither The Lofty Goals Of The Environmental Laws?: Can Statutory Directives Restore Purposivism When We Are All Textualists Now?, Stephen M. Johnson

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Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and public health purposes of the environmental laws when interpreting those statutes due to the rise in textualism, the declining influence of the Chevron doctrine, and the increasing willingness of courts to defer to agency underenforcement of statutory responsibilities across all regulatory statutes.

In 2020, the Environmental Protection Network, …

Reasoning V. Rhetoric: The Strange Case Of “Unconstitutional Beyond A Reasonable Doubt”, Hugh D. Spitzer

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An odd formulation has frequented American constitutional discourse for 125 years: a declaration that courts should not overturn a statute on constitutional grounds unless it is “unconstitutional beyond a reasonable doubt.” This concept has been thought of as a presumption, a standard, a doctrine, or a philosophy of coordinate branch respect and judicial restraint. Yet it has been criticized because “beyond a reasonable doubt” is at root an evidentiary standard of proof in criminal cases rather than a workable theory or standard for deciding constitutional law cases. This article discusses the history and use of “unconstitutional beyond a reasonable doubt,” …

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, …

Civil Procedure As The Regulation Of Externalities: Toward A New Theory Of Civil Litigation, Ronen Avraham, William Hubbard

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No abstract provided.

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

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No abstract provided.

Escape Room: Implicit Takings After Cedar Point Nursery, Lee Fennell

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No abstract provided.

Antitrust And Labor Markets: A Reply To Richard Epstein, Eric Posner

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No abstract provided.

Antitrust Overreach In Labor Markets: A Response To Eric Posner, Richard Epstein

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No abstract provided.

Article 2(4) And Authoritarian International Law, Tom Ginsburg

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In 1970, Thomas Franck asked a rhetorical question of enduring significance: Who Killed Article 2(4)?¹ The reference is to the provision of the United Nations Charter that requires all member states to refrain “from the threat or use of force against the territorial integrity or political independence of any state.”² Vladimir Putin’s gambit in Ukraine, conducted with the rhetorical purpose of eliminating the country as an independent state, is the latest in a series of events that periodically cause analysts to bemoan the end of the post-World War II international order. Will this time be different? Will it …

The Expanding Universe Of Bilateral Labor Agreements, Adam Chilton, Bartosz Woda

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In the seventy-five years since the end of World War II, pairs of countries have entered into over a thousand bilateral labor agreements (BLAs) to regulate the cross-border flow of workers. These agreements have received little public or academic attention. This is likely, in part, because there is limited data or easily available information on BLAs. This Article hopes to change that by introducing three new resources: (1) a dataset documenting the formation of over 1,200 BLAs; (2) a corpus including the texts of over 800 BLAs; and (3) a dataset coding whether over 500 BLAs mention twenty topics that …

Managerial Contracting: A Preliminary Study, Lisa Bernstein, Brad Peterson

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Important types of contractual relationships—among them those between integrated product manufacturers and their suppliers—are neither fully transactional nor fully relational. The agreements that govern these relationships incorporate highly detailed written terms that focus not only on what is promised but also on the details of how it is to be achieved and how suppliers’ actions will be monitored and responded to over the life of the agreement. Together with the implicit relational contracts that support their operation, these provisions create an economic hybrid that lies between markets and hierarchies, a set of relatively standard institutional arrangements that give buyers the …

Toward A “Tender Offer” Market For Labor Representation, Aneil Kovval, Jonathan R. Macey

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American workers are not sharing in the robust growth of the economy. Traditionally, large numbers of workers sought to improve their lot by bargaining collectively through unions. But this strategy does not seem to be working for enough workers. Despite some recent renewed activity, private-sector unionization rates remain below ten percent and the unions that are in place have struggled to perform well, either in avoiding scandals or in delivering significant returns to workers in the form of job security or wage growth. This Article pro-poses a radical fix to the problem of declining unions. Drawing inspiration from corporate governance …

Constitutional Challenges To Public Health Orders In Federal Courts During The Covid-19 Pandemic, Kenny Mok, Eric A. Posner

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We examine federal judicial cases involving nonreligious civil-liberties challenges to COVID-19-related public health orders from the start of the pandemic in early 2020 to January 27, 2022. Consistent with the tradition of judicial deference toward states during emergencies, we find a high level of success for governments. However, governments did lose in 14.2% of the cases, and in those losses, there is evidence of partisan or ideological influence. Republican-appointed judges were more likely to rule in favor of challengers who brought claims based on gun rights and property rights, while Democratic- appointed judges were more likely to rule in favor …

Democratic Backsliding And Multiracial Democracy. A Response To The 2021 Jorde Symposium Lecture By Steven Levitsky, Tom Ginsburg

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We live in an anxious era, particularly about the possibility of multiethnic democracy. The polarization of American democracy in general, accelerated by Trumpism in particular, has challenged narratives of race as gradually declining in significance. Instead, conventional wisdom suggests that Trumpism results directly from rising racial resentment of a White population that fears losing its relative power.² “Dog Whistle Politics” have been discarded in favor of openly nativist appeals, including by media figures such as Tucker Carlson.³

We are not alone. In France, the theory of the Grand Remplacement (Great Replacement) has spread from the fringes to the …

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 …

Police Agencies On Facebook Overreport On Black Suspects, Ben Grunwald, Julian Nyarko, John Rappaport

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A large and growing share of the American public turns to Facebook for news. On this platform, reports about crime increasingly come directly from law enforcement agencies, raising questions about content curation. We gathered all posts from almost 14,000 Facebook pages maintained by US law enforcement agencies, focusing on reporting about crime and race. We found that Facebook users are exposed to posts that overrepresent Black suspects by 25 percentage points relative to local arrest rates. This overexposure occurs across crime types and geographic regions and increases with the proportion of both Republican voters and non-Black residents. Widespread exposure to …

In Tribute: Justice Stephen G. Breyer, Jennifer Nou

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No abstract provided.

Promoting Regulatory Prediction, Jonathan Masur, Jonathan Remy Nash

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It is essential for environmental protection that private actors be able to anticipate government regulation. If for instance, the Biden Administration is planning to tighten regulations of greenhouse gas emissions, it is imperative that private companies anticipate this regulatory change now, not a few years from now after they have constructed even more coal- and gas-fired power plants. Those additional power plants will mean more irreversible greenhouse gases, and these plants can be politically challenging to shutter once built. The point is general to private actors making decisions in the shadow of potential government regulation. Better information about future government …

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 …

Reflections Of A Supreme Court Commissioner, William Baude

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In 2021, President Joseph Biden convened a presidential commission to consider proposals to reform the Supreme Court. Dozens of witnesses dressed up to provide live testimony to the commission, thousands of people wrote in with additional testimony, and the commission ultimately sent the President a 294-page report.1 I served on that commission and agreed to submit our report to the President. But much is lost in committee. What follows are my own views on the subjects we considered.

In keeping with the structure of the commission’s report, Part I addresses background, Part II addresses court packing, Part III addresses term …

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 …

Grid Reliability Through Clean Energy, Alexandra Klass, Joshua Macey, Shelley Welton, Hannah Wiseman

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In the wake of recent high-profile power failures, policymakers and politicians have asserted that there is an inherent tension between the aims of clean energy and grid reliability. But continuing to rely on fossil fuels to avoid system outages will only exacerbate reliability challenges by contributing to increasingly extreme climate-related weather events. These extremes will disrupt the power supply, with impacts rippling far beyond the electricity sector.

This Article shows that much of the perceived tension between clean energy and reliability is a failure of law and governance resulting from the United States’ siloed approach to regulating the electric grid. …

Regulatory Diffusion, Jennifer Nou, Julian Nyarko

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Regulatory diffusion occurs when an agency adopts a substantially similar rule to that of another agency. Indeed, regulatory texts proliferate just like other forms of law do. While this insight has been explored across countries, this dynamic also occurs closer to home: American administrative agencies regularly borrow language from one another. Our research shows that, in recent years, agencies reused one out of every ten paragraphs of the Code of Federal Regulations. These findings are timely given the Supreme Court’s call for judges to be less deferential to agency regulatory interpretation. There is thus newfound significance to understanding how legislative …

Not-For-Profits, Esgs, And The Economic Structure Of Corporate Law, Saul Levmore

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A compelling point in The Economic Structure of Corporate Law is that the single goal of maximizing shareholder value is efficient and generally desirable because it gives the managers one aim—while leaving room for law and private contracts to impose constraints on the firm in order to control negative externalities and other social concerns. Easterbrook and Fischel say that: “A manager told to serve two masters (a little for the equity holder, a little for the community) has been freed of both and is answerable to neither.” The point is an especially good one when the manager has more of …