Digital Commons Network^™

Financial Uncertainty From A Dual Shock At Global Level–Insights From Kuwait, Talal A.N.M.S. Alotaibi, Lucia Morales

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Global stock markets experienced a dual shock in 2020 due to the impact of the global health crisis, parallel to a simultaneous shock derived from the Saudi Arabia and Russia oil price war. The dual shock fueled oil market volatility with lasting effects as the global economy is immersed in an energy crisis combined with high inflationary pressures exacerbated by heightened energy costs. This research paper implemented GARCH and FIGARCH models on daily returns from 31 December 2015, to 9 December 2021, to examine volatility persistence and long memory processes. The world’s most prominent economies are represented by the G7, …

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

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No abstract provided.

Automated Extraction Of Genes Associated With Antibiotic Resistance From The Biomedical Literature, Andre Brincat, Markus Hofmann

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The detection of bacterial antibiotic resistance phenotypes is important when carrying out clinical decisions for patient treatment. Conventional phenotypic testing involves culturing bacteria which requires a significant amount of time and work. Whole-genome sequencing is emerging as a fast alternative to resistance prediction, by considering the presence/absence of certain genes. A lot of research has focused on determining which bacterial genes cause antibiotic resistance and efforts are being made to consolidate these facts in knowledge bases (KBs). KBs are usually manually curated by domain experts to be of the highest quality. However, this limits the pace at which new facts …

On The Dimensionality And Utility Of Convolutional Autoencoder’S Latent Space Trained With Topology-Preserving Spectral Eeg Head-Maps, Arjun Vinayak Chikkankod, Luca Longo

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Electroencephalography (EEG) signals can be analyzed in the temporal, spatial, or frequency domains. Noise and artifacts during the data acquisition phase contaminate these signals adding difficulties in their analysis. Techniques such as Independent Component Analysis (ICA) require human intervention to remove noise and artifacts. Autoencoders have automatized artifact detection and removal by representing inputs in a lower dimensional latent space. However, little research is devoted to understanding the minimum dimension of such latent space that allows meaningful input reconstruction. Person-specific convolutional autoencoders are designed by manipulating the size of their latent space. A sliding window technique with overlapping is employed …

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

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No abstract provided.

Dominant Frequency Component Tracking Of Noisy Time-Varying Signals Using The Linear Predictive Coding Pole Processing Method, Jin Xu, Mark Davis, Ruairí De Fréin

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The linear predictive coding pole processing (LPCPP) method proposed in our previous work overcomes the shortcomings of the LPC method, especially its sensitivity to noise and the filter order. The LPCPP method is a parameterised method that involves processing the LPC poles to produce a series of reduced-order filter transfer functions to estimate the dominant frequency components of a signal. This paper analyses the ability of the LPCPP method to track the frequency changes of noisy, time-varying signals in real-time. Linear chirped frequency modulation signals are used in a series of experiments to simulate signals with different rates of frequency …

Bias Impedes Progress In Physical Biology, Consciousness Studies And Quantum Gravity, Maurice Goodman

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If scientists hope to make progress in consciousness studies they needs to accept that biased judgments have a major influence on the sciences, how we divide them up, how they are funded and this, in turn, has a profound impact on progress. The imbalance in funding, resulting from bias, in favour of the life and health sciences needs to be addressed as does why perversely little of this funding is devoted to a physics explanation of self-organisation and life on the mesoscopic scale? While life (the cell) is an outstanding example of self-organisation on the mesoscopic scale we need to …

Using Feature Selection With Machine Learning For Generation Of Insurance Insights, Ayman Taha, Bernard Cosgrave, Susan Mckeever

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Insurance is a data-rich sector, hosting large volumes of customer data that is analysed to evaluate risk. Machine learning techniques are increasingly used in the effective management of insurance risk. Insurance datasets by their nature, however, are often of poor quality with noisy subsets of data (or features). Choosing the right features of data is a significant pre-processing step in the creation of machine learning models. The inclusion of irrelevant and redundant features has been demonstrated to affect the performance of learning models. In this article, we propose a framework for improving predictive machine learning techniques in the insurance sector …

Human Mental Workload: A Survey And A Novel Inclusive Definition, Luca Longo, Christopher D. Wickens, Gabriella Hancock, P.A. Hancock

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Human mental workload is arguably the most invoked multidimensional construct in Human Factors and Ergonomics, getting momentum also in Neuroscience and Neuroergonomics. Uncertainties exist in its characterization, motivating the design and development of computational models, thus recently and actively receiving support from the discipline of Computer Science. However, its role in human performance prediction is assured. This work is aimed at providing a synthesis of the current state of the art in human mental workload assessment through considerations, definitions, measurement techniques as well as applications, Findings suggest that, despite an increasing number of associated research works, a single, reliable and …

Towards An Inclusive Co-Design Toolkit: Perceptions And Experiences Of Co-Design Stakeholders, Eamon Aswad, Emma Murphy, Claudia Fernandez-Rivera, Sarah Boland

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Participatory design holds great potential for the creation of inclusive technology but existing toolkits and resources to support co-design are not always accessible to designers and co-designers with disabilities. In this paper we present two studies to assist in facilitating the creation of a sustainable, accessible, inclusive co-design toolkit for individuals with intellectual disabilities i) exploration of the perceptions and experiences of lecturers (n =5) and students (n= 5) involved in co-design activities via individual interviews and ii) a protocol and initial findings from focus groups with men and women with intellectual disabilities to inform on best co-design practices (n=15). …

Why Govern Broken Tools?, Ryan Calo

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In Assessing the Governance of Digital Contact Tracing in Response to COVID-19: Results of a Multi-National Study, Brian Hutler et al. ably compare two approaches to the governance of digital contract tracing (DCT). In this brief essay, I want to examine to what extent governance actually played a meaningful role in the failure of DCT. If DCT failed primarily for other reasons, then the authors’ normative suggestion to pursue “a new governance approach … for designing and implementing DCT technology going forward” may be misplaced.

A Study Of Tax Lawyers Discussing Duties, Michael Hatfield, Michelle Kwon

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This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …

Election Law And Election Subversion, Lisa Marshall Manheim

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Scholars of American election law used to take the rule of law as a given. The legal system, while highly imperfect, appeared sturdy, steady, and functional. Recent election cycles—culminating in dramatic attempts at election subversion—have revealed this assumption beginning to break down. Without the rule of law as a dependable constant, the study of election law quickly expands. Legal experts now are simultaneously occupied with: first, the substance of election laws; second, the design of election institutions; and third, the threat of participants unlawfully undermining elections from within. This Essay identifies and contextualizes the rule-of-law pivot that is reflected in …

Nontraditional Investors, Jennifer S. Fan

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In recent years, nontraditional investors have become a major player in the startup ecosystem. Under the regulatory regime of U.S. securities law, those in the public realm are heavily regulated, while those in the private realm are largely left alone. This public-private divide, which is a fundamental organizing principle of securities law, has eroded with the rise of nontraditional investors. While legal scholars have addressed the impact of some of these nontraditional investors individually, their collective impact on deal terms, deal timelines, due diligence, and board configuration has not been discussed in a holistic manner; neither has their impact on …

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 …

A Quiet Revolution: How Judicial Discipline Essentially Eliminated Foster Care And Nearly Went Unnoticed., Melissa Carter, Christopher Church, Vivek Sankaran

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This Article argues that juvenile court judges can safely reduce the number of children entering foster care by faithfully and rigorously applying the law. Judges often fail to perform this core functon when a state child welfare agency separates a child from their family. Judges must perform their role as impartial gatekeeper despite the temptation to be "omnipotent moral busybodies".

Textualism, Judicial Supremacy, And The Independent State Legislature Theory, Leah Litman, Katherine Shaw

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This piece offers an extended critique of one aspect of the so-called “independent state legislature” theory. That theory, in brief, holds that the federal Constitution gives state legislatures, and withholds from any other state entity, the power to regulate federal elections. Proponents ground their theory in two provisions of the federal Constitution: Article I’s Elections Clause, which provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof,” and Article II’s Presidential Electors Clause, which provides that “[e]ach State shall appoint, in such Manner as the Legislature …

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. …

Anticipatory Edits, Patrick Barry

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Good writing, I often tell my students, is “anticipating the edits of your boss.” I then clarify that the definition of “boss” in that statement is intentionally expansive. A supervisor at work can count. A teacher in school can count. So can a valued customer or client. he key is to start thinking about two things: 1) the actual people who are going to review your writing; and 2) the likely changes they’ll make to it. By implementing those changes yourself— before the document ever hits your boss’s desk or inbox—you can save them a lot of time and cognitive …

Limiting Access To Remedies: Select Criminal Law And Procedure Cases From The Supreme Court's 2021-22 Term, Eve Brensike Primus, Justin Hill

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Although the most memorable cases from the Supreme Court’s 2021-22 Term were on the civil side of its docket, the Court addressed significant cases on the criminal side involving the Confrontation Clause, capital punishment, double jeopardy, criminal jurisdiction in Indian Country, and important statutory interpretation principles, such as the mens rea presumption and the scope of the rule of lenity. Looking back, the Court’s decisions limiting individuals’ access to remedies for violations of their constitutional criminal procedure rights stand out. Shinn v. Ramirez and Shoop v. Twyford drastically limit the ability of persons incarcerated in state facilities to challenge the …

Exclusion Cycles: Reinforcing Disparities In Medicine, Ana Bracic, Shawneequa L. Callier, Nicholson Price

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Minoritized populations face exclusion across contexts from politics to welfare to medicine. In medicine, exclusion manifests in substantial disparities in practice and in outcome. While these disparities arise from many sources, the interaction between institutions, dominant-group behaviors, and minoritized responses shape the overall pattern and are key to improving it. We apply the theory of exclusion cycles to medical practice, the collection of medical big data, and the development of artificial intelligence in medicine. These cycles are both self-reinforcing and other-reinforcing, leading to dismayingly persistent exclusion. The interactions between such cycles offer lessons and prescriptions for effective policy.

Regulating For Energy Justice, Alexandra B. Klass, Gabriel Chan

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In this Article, we explore and critique the foundational norms that shape federal and state energy regulation and suggest pathways for reform that can incorporate principles of “energy justice.” These energy justice principles—developed in academic scholarship and social movements—include the equitable distribution of costs and benefits of the energy system, equitable participation and representation in energy decision making, and restorative justice for structurally marginalized groups.

While new legislation, particularly at the state level, is critical to the effort to advance energy justice, our focus here is on regulators’ ability to implement reforms now using their existing authority to advance the …

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 …

Not A Suicide Pact: Urgent Strategic Recommendations For Reducing Domestic Terrorism In The United States, Barbara L. Mcquade

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America’s Bill of Rights protects U.S. citizens’ rights to free speech, to bear arms, and to be free from unreasonable searches and seizures, among other things. But, as the Supreme Court has consistently held, no right is absolute. All rights must be balanced against other societal needs, including and especially public safety. As the threat of domestic terrorism metastasizes in the United States, Americans need to use the practical wisdom that Justice Robert L. Jackson advised in 1949 to ensure the survival of the republic.

In recognition of this growing threat, the Biden administration issued the nation’s first National Strategy …

An Empirical Analysis Of Clinical Legal Education In Middle Age, Robert R. Kuehn, David A. Santacroce

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Modern clinical legal education has turned fifty. Much has been written on its development and history, both as a pedagogy and in relation to the broader enterprise of legal education. But there has been no longitudinal empirical analysis documenting that growth until now. By looking at a series of nationwide surveys starting in 2007 and comparing those results to surveys dating back to the 1970s, this article paints a factual picture of clinical legal education’s progression from early adulthood to middle age.

Minimum Taxation In The United States In The Context Of Globe, Reuven S. Avi-Yonah, Mohanad Salaimi

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The introduction of the minimum tax in Pillar II of the OECD/G20/IF framework was generally seen as a response to the U.S. Tax Cuts and Jobs Act (TCJA) of 2017. The TCJA included both a minimum tax on outbound income (the Global Intangible Low-Taxed Income, or “GILTI”) and a minimum tax on inbound income (the Base Erosion Anti-Avoidance Tax, or “BEAT”). These were seen as the precursors to the IIR and the UTPR. Thus, unlike Pillar I which was perceived as a device to impose more tax on the U.S. digital giants, Pillar II was seen as more consistent with …

Mary Lou Graves, Nolen Breedlove, And The Nineteenth Amendment, Ellen D. Katz

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This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling their story in rich context, captures my larger claim that—contrary to the general understanding in the scholarly literature—the Nineteenth Amendment was deliberately crafted as a highly circumscribed measure that would eliminate only the exclusively male franchise while serving steadfastly to preserve and promote …

Elephant In The Room, Patrick Barry

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Over the past several decades, the student population at law schools across the country has become more and more racially diverse. In 1987, for example, only about 1 in every 10 law students identified as a person of color; by 2019, that percentage shot up to almost 1 out of 3.

Yet take a look at virtually any collection of recommended manuals on writing. You are unlikely to find even one that is authored by a person of color. The composition of law schools may be dramatically changing, but the materials that students are given to help them figure out …

Investigative Advocacy: The Mechanics Of Muckraking, Patrick Barry

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This essay argues that drafting a complaint is a form of investigative advocacy and that the best of them uphold the tradition of muckraking journalism.

Platforms As Blackacres, Thomas E. Kadri

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While writing this Article, I interviewed a journalist who writes stories about harmful technologies. To do this work, he gathers information from websites to reveal trends that online platforms would prefer to hide. His team has exposed how Facebook threatens people's privacy and safety, how Amazon hides cheaper deals from consumers, and how Google diverts political speech from our inboxes. You'd think the journalist might want credit for telling these important stories, but he instead insisted on anonymity when we talked because his lawyer was worried he'd be confessing to breaking the law-to committing the crime and tort of cyber-trespass. …