Digital Commons Network^™

Law's Gaze, John Felipe Acevedo

Articles

No abstract provided.

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

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No abstract provided.

Stealing Organs?, Benjamin J. Mcmichael

Articles

Every nine minutes, a new person joins a waitlist for an organ transplant, and every day, seventeen people die waiting for an organ that will never come. Because the need for organ transplants far outstrips the number of available organs, the policies and rules governing organ allocation in the United States are critically important and highly contentious. Recently, proponents of a new allocation system one focused more on sharing organs across the nation instead of allocating organs primarily to local transplant candidates have gained ground. Bolstered by two separate lawsuits in the past five years, advocates of greater national sharing …

Volunteer Prosecutors, Russell M. Gold

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No abstract provided.

Federalism By Deception: The Implied Limits On Congressional Power, Bryan K. Fair

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The purpose of this Article is to lay bare federalism by deception and the theory of implied limits on federal power. Other scholars have recently noted the rise of anti-federalist viewpoints in modern cases. I go a step further to demonstrate how Supreme Court Justices have embraced anti-federal ideology, but have cited Federalist sources, including Marshall, to announce unenumerated limits on federal legislative power.

Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill

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Focusing on individual taxpayers, this article offers moral reflections on state and local, and federal tax policy trends during the first two decades of the twenty-first century. Although tax policy decisions are made by politicians (who often rely on economists), determining the best tax policy is ultimately an ethical issue and serves as a barometer revealing the true moral compass of any community. I started thinking about ethical tax policy while studying theology at the Beeson Divinity School, a conservative evangelical seminary that is part of Samford University. At Beeson, I noticed for the first time the gap between "walk …

Promoting Vaccine Innovation, Mirit Eyal-Cohen, Ana Santos Rutschman

Articles

As society grows to understand the need to promote innovation, policymakers try to employ an arsenal of policy tools, from traditional intellectual property ("JP") to newer tools such as grants, regulatory vouchers, and prizes. This Article argues that these frameworks crowd out certain types of investments in innovation projects that have a high social value. Vaccine innovation is a case in point. Despite the immense socioeconomic benefit of vaccines, existing policies have been limited in fostering investments in this space. This is because they fail to directly address the relevant bottleneck issues distinct to vaccine development.

This Article offers a …

Original Discrimination: How The Supreme Court Disadvantages Plaintiff States, Heather Elliott

Articles

The U.S. Supreme Court is famously the nation's top appellate court, but Article III also makes the Court a trial court, giving it original jurisdiction over several categories of cases. One of those categories suits by states against other states-remains exclusive. Thus, when Texas sought to overturn the 202o presidential election by suing four swing states, it had only one court in which to sue. The Court properly rebuffed Texas's claim for lack of standing, but the Justices give even meritorious claims by state plaintiffs short shrift. They have made clear that these suits detract from the Court's appellate role …

Alienating Criminal Procedure, Amy F. Kimpel

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No abstract provided.

Moral Reflections On Twenty-First Century Tax Policy Trends, Susan Pace Hamill

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No abstract provided.

Noncitizen Harboring And The Freedom Of Association, Shalini Bhargava Ray

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No abstract provided.

Bringing Predictability To The Chaos Of Punitive Damages, Benjamin Mcmichael, W. Kip Viscusi

Articles

Punitive damages remain unique in the American legal system. Awarded in the civil context with none of the protections offered in criminal law, courts levy punitive damages to punish and deter. The Supreme Court of the United States has clearly stated that courts may only seek to achieve these two goals when imposing punitive damages. A closer reading of the Court's punitive damages jurisprudence, however, reveals another goal that has largely been ignored: predictability. Unlike punishment and deterrence, predictability is not a purpose for which to award punitive damages. Instead, the Court requires that, when awarded, the level of punitive …

What We Do In The Shadows: Dual Industrial Policy During The Thatcher Governments, 1979–1990, Richard Woodward, James Silverwood

Articles

Selective industrial policy in the United Kingdom is conventionally believed to have vanished prior to the global financial crisis. This article, in contrast, argues that industrial policy remained an intrinsic, if seldom acknowledged, element of neoliberal statecraft. The basis of this is a subterfuge, conceptualised here as a ‘dual industrial policy’, which we explore via an empirical focus on the Thatcher governments. Throughout this time, actions explicitly endorsed by governments as industrial policy generally corresponded with neoliberalism’s hostility to intervention. These conveniently distracted attention from a second set of policies which, although never codified by government as industrial policy, were …

Exploring Pedagogic And Practical Intersections Of Academic Writing Support For Students In Higher Education, Maria-Jose Gonzalez, Roisin Donnelly

Articles

This case study explores undergraduate and postgraduate student perceptions of the nature and effectiveness of academic writing provision and practice in a university in Ireland. Its focus isthe Academic Writing Centre (AWC), a university-wide initiative to support all students. It discusses students’ perceptions as to the academic writing support provided at the AWC and students’ preferred writing strategies. The research design used a qualitative approach to gather data on students’ perceptions of the academic writing support received at one-to-one consultations. Data was gathered via a student survey (n=21) sent to all students who avail of the AWC’s one-to-one support. Findings …

Will Treating Progressive Myopia Overwhelm The Eye Care Workforce? A Workforce Modelling Study, Gareth Lingham, James Loughman, Stella Kuzmenko, Matilda Biba, Daniel Ian Flitcroft

Articles

Purpose

Treatments for myopia progression are now available, but implementing these into clinical practice will place a burden on the eye care workforce. This study estimated the full-time equivalent (FTE) workforce required to implement myopia control treatments in the UK and Ireland.

Methods

To estimate the number of 6- to 21-year-olds with myopia, two models utilising separate data sources were developed. The examination-based model used: (1) the number of primary care eye examinations conducted annually and (2) the proportion of these that are for myopic young people. The prevalence-based model used epidemiological data on the age-specific prevalence of myopia. The …

Match-Play Running Demands And Technical Performance Among Elite Gaelic Footballers: Does Divisional Status Count?, Jason Mcgahan, Shane Mangan, Kieran Collins, Con Byrnes

Articles

Match-play running demands and technical performance among elite Gaelic footballers: Does divisional status count? J Strength Cond Res 35(1): 169–175, 2021—The aim of the current study was to compare positional differences in running demands and technical performance variables among elite Gaelic football teams from separate divisions. Data were obtained from a division 1 (26.7 ± 2.9 years, 179.2 ± 21.3 cm, 89.9 ± 21.2 kg) and a division 3 (25.7 ± 3.5 years, 183.0 ± 4.7 cm, 84.4 ± 6.5 kg) team. Match-play running variables were collected using 4-Hz global positioning system (GPS) units (VX Sport; Visuallex Sport, Lower Hutt, …

Agility Demands Of Gaelic Football Match-Play: A Time-Motion Analysis, Paul F. Talty, Kevin Mcguigan, Mark Quinn, Paul A. Jones

Articles

Research into the physical demands of Gaelic football is limited with no research into the agility or change of direction (CoD) demands of the sport. This study examined the CoD demands of Gaelic football via a time-motion analysis of senior inter-county match play. The Bloomfield movement classification (BMC) was adapted for application to Gaelic football. A new “descriptor” was used in an effort to account for the decision-making component of agility by isolating actions that occurred during active engagement with play. Of 1,899 changes of direction (CoDs) identified, 1,035 occurred during active engagement in play. The left/right split for CoDs …

Applied Sport Science Of Gaelic Football: A Review, Eoghan Boyle, Shane Mangan, Dominic Doran, Kieran Collins

Articles

The current review focuses on Gaelic football literature providing an insight into the physical characteristics of players, the demands of match-play, the injury profile, and nutritional considerations within the game. Since the first review of Gaelic football in 2001, an increased understanding of match dynamics has taken place through the application of movement analysis technology. In recent years, the evolution of the application of sport science provisions within Gaelic football has increased. This has resulted in researchers attempting to bridge the gap between the scientific laboratory and the applied practitioner. Overall, intermittent aerobic fitness remains important during competition, along with …

Law's Duct Tape? Using Public Nuisance To Fix The Holes In Administrative Law, Anthony J. Sebok

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No abstract provided.

What’S Going On? An Overview Of Diversity, Equity, And Inclusion Dispute Resolution Initiatives In New York, Robyn Weinstein, Michelle Lavrichenko

Articles

Leaders in the dispute resolution profession in New York State have been working to implement various fellowships, mentorship programs, scholarships, and other initiatives aimed at increasing diversity, equity, and inclusion in the field of dispute resolution. This article will provide an overview of the current ADR-related diversity, equity, and inclusion initiatives throughout New York and introduce you to five individuals participating in DEI ADR fellowships and mentorship programs across the state.

Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg

Articles

The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …

What War Did To The Academy, What The Academy Did To War: A 20-Year Retrospective On The Effects Of The Post-9/11 Wars, Deborah Pearlstein

Articles

The history of the legal academy’s impact on the way states fight wars is hardly one of unmixed glory. It was a law professor moonlighting for President Lincoln who authored “Instructions for the Government of Armies of the United States in the Field” during the Civil War, a code still recognized worldwide today for having laid critical groundwork for the modern law of war. It was likewise a law professor whose work came to serve as both theoretical and practical justification for the sweeping powers of the Nazi state. So it should perhaps be unsurprising that, two decades of engagement …

Pandemic Rules: Covid-19 And The Prison Litigation Reform Act’S Exhaustion Requirement, Betsy Ginsberg, Margo Schlanger

Articles

For over twenty-five years, the Prison Litigation Reform Act (PLRA) has undermined the constitutional rights of incarcerated people. For people behind bars and their allies, the PLRA makes civil rights cases harder to bring and harder to win—regardless of merit. We have seen the result in the wave of litigation relating to the COVID-19 pandemic. Beginning March 2020, incarcerated people facing a high risk of infection because of their incarceration, and a high risk of harm because of their medical status, began to bring lawsuits seeking changes to the policies and practices augmenting the danger to them. Time and again, …

Responding To Mass, Computer-Generated, And Malattributed Comments, Steven J. Balla, Reeve Bull, Bridget C.E. Dooling, Emily Hammond, Michael A. Livermore, Michael Herz, Beth Simone Noveck

Articles

A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for large scale, sometimes messy, participation in regulatory decisionmaking. It is not unheard of for agencies to receive millions of comments on rulemakings; often these comments are received as part of organized mass comment campaigns. In some rulemakings, questions have been raised about whether public comments were submitted under false names, or were automatically generated by computer “bot” programs. In this Article, we examine whether and to what extent such submissions are problematic and make recommendations for how rulemaking agencies …

Intragovernmental Speech And Sanction, Katherine A. Shaw

Articles

This Essay, prepared as part of a symposium on Professor Helen Norton’s The Government’s Speech and the Constitution, asks what role, if any, we should understand the Constitution to play in mediating disputes over speech between and among government entities. Focusing on the examples of impeachment and censure, the piece considers scenarios in which one arm of government takes action in response to the speech of another arm or entity of government, exploring what role the Constitution should play in shaping or constraining those responses.

Addictive Technology And Its Implications For Antitrust Enforcement, James Niels Rosenquist, Fiona M. Scott Morton, Samuel N. Weinstein

Articles

The advent of mobile devices and digital media platforms in the past decade represents the biggest shock to cognition in human history. Robust medical evidence is emerging that digital media platforms are addictive and, when used in excess, harmful to users’ mental health. Other types of addictive products, like tobacco and prescription drugs, are heavily regulated to protect consumers. Currently, there is no regulatory structure protecting digital media users from these harms. Antitrust enforcement and regulation that lowers entry barriers could help consumers of social media by increasing competition. Economic theory tells us that more choice in digital media will …

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.
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Moonshots, Matthew Wansley

Articles

In the last half-century, technological progress has stagnated. Rapid advances in information technology disguise the slow pace of productivity growth in other fields. Reigniting technological progress may require firms to invest in moonshots—long-term projects to commercialize innovations. Yet all but a few giant tech firms shy away from moonshots, even when the expected returns would justify the investment. The root of the problem is corporate structure. The process of developing a novel technology does not generate the kind of interim feedback that shareholders need to monitor managers and managers need to motivate employees. Managers who anticipate these agency problems invest …

Post-Grant Adjudication Of Drug Patents: Agency And/Or Court?, Arti K. Rai, Saurabh Vishnubhakat, Jorge Lemus, Erik Hovenkamp

Articles

The America Invents Act of 2011 (AIA) created a robust administrative system-the Patent Trial and Appeal Board (PTAB)-that provides a route for challenging the validity of granted patents outside of district courts. Congress determined that administrative adjudication of the validity of initial patent grants could be cheaper and more scientifically accurate than district court adjudication of such validity.

For private economic value per patent, few areas of technology can match the biopharmaceutical industry. This is particularly true for small-molecule drugs. A billion-dollar drug monopoly may be protected from competition by a relatively small number of patents. Accordingly, the social cost …

Power Over Procedure, Russell M. Gold

Articles

American law should better protect people's bodies from being caged than it should protect people's money. And yet in so many ways it does the opposite. Instead of calibrating protections for defendants to the importance of the interest at stake, disparities between pretrial protections in federal civil and criminal procedure instead track differences in race and class between defendants in the two systems. Criminal defendants, for instance, can be locked in cages for two days on a mere accusation by police before a magistrate considers the validity of that deprivation. Civil defendants, by contrast, typically cannot be deprived of their …