Digital Commons Network^™

Love Hertz: Corporate Groups And Insolvency Forum Selection, John A. E. Pottow

Articles

The Hertz bankruptcy got a lot of attention, including for its bizarre equity trading. A less heralded but more significant legal aspect of that insolvency, however, was its complex interaction of cross-border insolvency proceedings.

This article discusses the “centripetal” and “centrifugal” forces in the Hertz case that counselled a U.S.-based centralized solution for an international enterprise comprising over 10,000 branches centripetally but also accommodated centrifugal European resistance to subject directors to the consequences of filing their entities in a foreign jurisdiction. This not uncommon constellation of incentives required not a COMI shift but what this article terms a jurisdiction shift …

Property Law For The Ages, Michael C. Pollack, Lior Jacob Strahilevitz

Articles

Within the next forty years, the number of Americans over age sixty-five is projected to nearly double. This seismic demographic shift will necessitate a reckoning in several areas of law and policy, but property law is especially unprepared. Built primarily for young and middle-aged white men, the common law of property has been critiqued for decades for the ways in which it oppresses or simply leaves behind people based on their race, sex, Native heritage, and more. This Article contributes a new focus on property law’s treatment of people based on their advanced age. Burdened by higher relocation costs, more …

Team Production Revisited, William Wilson Bratton

Articles

This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …

Team Production Revisited, William Wilson Bratton

Articles

This Article reconsiders Margaret Blair and Lynn Stout's team production model of corporate law, offering a favorable evaluation. The model explains both the legal corporate entity and corporate governance institutions in microeconomic terms as the means to the end of encouraging investment, situating corporations within markets and subject to market constraints but simultaneously insisting that productive success requires that corporations remain independent of markets. The model also integrates the inherited framework of corporate law into an economically derived model of production, constructing a microeconomic description of large enterprises firmly rooted in corporate doctrine but neither focused on nor limited by …

Behind The Scenes: On The Relationship Between Developer Experience And Refactoring, Eman Abdullah Alomar, Mohamed Wiem Mkaouer, Anthony Peruma, Christian D. Newman, Ali Ouni

Articles

Refactoring is widely recognized as one of the efficient techniques to manage technical debt and maintain a healthy software project through enforcing best design practices, or coping with design defects. Previous refactoring surveys have shown that code refactoring activities are mainly executed by developers who have sufficient knowledge of the system’s design, and disposing of leadership roles in their development teams. However, these surveys were mainly limited to specific projects and companies. In this paper, we explore the generalizability of the previous results by analyzing 800 open-source projects. We mine their refactoring activities, and we identify their corresponding contributors. Then, …

Handouts Don’T Exist. Hustle Or You Don’T Eat., Conor Mcgarrigle Dr.

Articles

It is well established that AI has a bias problem; however, black-boxed machine learning systems render it difficult to even understand and visualize the nature and extent of the problem, let alone find solutions. This paper discusses an artistic research approach toward highlighting AI bias and explores the aesthetic potential of machine learning through a case study of an AI artwork called #RiseandGrind.The artist trained a recurrent neural network on a dataset extracted from Twitter hashtags (#Riseandgrind and #Hustle),which were selected to represent a specific filter bubble (embodied neoliberal precarity) in order to produce a biased AI that generates tweets …

Caring For The Souls Of Our Students: The Evolution Of A Community Economic Development Clinic During Turbulent Times, Gowri J. Krishna, Kelly Pfeifer, Dana Thompson

Articles

Community Economic Development (CED) clinicians regularly address issues surrounding economic, racial, and social justice, as those are the core principles motivating their work to promote vibrant, diverse, and sustainable communities. When COVID-19 arrived, and heightened attention to police brutality and racial injustice ensued, CED clinicians focused not only on how to begin to address these issues in their clinics, but on how to discuss these issues more deeply and effectively with their students. This essay highlights the ways in which the pandemic school year influenced significant rethinking of one CED clinic’s operations: first, the pandemic sharpened the clinic’s mission to …

Towards An Integrated Case Method In Management Education - Developing An Ecosystem-Based Research And Learning Journey For Flipped Classrooms, Jan-Philipp Buechler Prof Dr, Gregor Brüggelambert Prof Dr, Jan-Phillip Büchler Prfo Dr, Helen De.Haan-Cao Dr, Asta Savaneviciene Prof

Articles

In the field of management science and business administration, the case method is gaining ground in research as well as in teaching. Case studies support on the one hand exploratory re-search and on the other hand problem-based teaching. However, we find that case research and case teaching remain unchained in management study programs and propose to close this gap. We identify an untapped potential of boosting the case method by integrating case-based re-search and teaching into a discovery and learning journey of applied science. We suggest em-bedding the ‘Integrated Case Method’ (ICM) in the ecosystem of universities to the end …

Quantifying Parent Engagement In The Randomized Fuel For Fun Impact Study Identified Design Considerations And Bmi Relationships, Barbara A. Lohse, Leslie Cunningham-Sabo

Articles

Background: Parent participation in children’s health interventions is insufciently defned and measured. This project quantifed parent participation to enable future examination with outcomes in an intervention focused on 4th graders, aged 9–11 years, and their families living in northern Colorado.

Methods: Indices were developed to measure type (Parent Participation Profle; PPP) and intensity (Parent Engage‑ ment Intensity; PEI) of engagement in Fuel for Fun (FFF), an asymmetric school-and family-based intervention for 4th graders. Study arm-specifc participation opportunities were catalogued and summed to calculate the PPP. An algo‑ rithm considered frequency, efort, convenience, and invasiveness of each activity to calculate PEI. …

Is The Net Investment Income Tax A Treaty Override? Reflections On Toulouse, Reuven S. Avi-Yonah

Articles

In this article, AviYonah examines the U.S. Tax Court's judgment in Toulouse that the denial of foreign tax credits against the net investment income tax imposed by the Affordable Care Act was not a violation of U.S. tax treaties with France and Italy and its implications for whether the base erosion and antiabuse tax is a treaty override.

Why Are You Here? Modeling Illicit Massage Business Location Characteristics With Machine Learning, Anna White, Seth Guikema, Bridgette Carr

Articles

Illicit massage businesses are a venue for sex and labor trafficking in the United States. Though many of their locations are made publicly available through online advertising, little is known about why they choose to locate where they do. In this work, we use inferential modeling to better understand the spatial distribution of illicit massage businesses within the U.S. Based on addresses web-scraped weekly from online advertisements over 6 months, we modeled illicit massage business prevalence at the census tract and county levels. We used publicly available data to characterize census tracts and counties, finding that the state in which …

Funding Global Governance, Kristina B. Daugirdas

Articles

Funding is an oft-overlooked but critically important determinant of what public institutions are able to accomplish. This article focuses on the growing role of earmarked voluntary contributions from member states in funding formal international organizations such as the United Nations and the World Health Organization. Heavy reliance on such funds can erode the multilateral governance of international organizations and poses particular risks for two kinds of undertakings: normative work, such as setting standards and identifying best practices; and evaluating the conduct of member states and holding those states accountable, including through public criticism, when they fall short. International organizations have …

Friends And Family Matter Most: A Trend Analysis Of Increasing E-Cigarette Use Among Irish Teenagers And Sociodemographic, Personal, Peer And Familial Associations, Joan Hanafin, Salome Sunday, Luke Clancy

Articles

Background

E-cigarette ever-use and current-use among teenagers has increased worldwide, including in Ireland.

Methods

We use data from two Irish waves (2015, 2019) of the European School Survey Project on Alcohol and other Drugs (ESPAD) to investigate gender and teenage e-cigarette use (n = 3421 16-year-olds). Using chi-square analyses, we report changes in e-cigarette ever-use, current-use, and associated variables. Using multivariable logistic regression, we analyse the increase in e-cigarette use and socio-demographic, personal, peer and familial associations, focusing on gender differences.

Results

E-cigarette ever-use increased from 23% in 2015 to 37% in 2019, and current-use from 10 to …

Increased Smoking And E-Cigarette Use Among Irish Teenagers: A New Threat To Tobacco Free Ireland 2025, Salome Sunday, Joan Hanafin, Luke Clancy

Articles

Introduction

Tobacco Free Ireland is an Irish Government policy which demands that the prevalence of tobacco smoking in Ireland be less than 5% by 2025. From 1995 to 2015, teen smoking decreased from 41% in 1995 to 13.1 % in 2015, and SimSmoke modelling suggested that the 5% 2025 target was achievable in that group (1). But, in 2019, current smoking (smoked in the past 30 days) increased overall from 13.1% in 2015 to 14.4% in 2019, with the increase being greater in boys than girls (16.2%) vs (12.8% ) (2). This threatens the Tobacco Free Ireland endgame and we …

Uncovering Agencies' Hidden Unrules, Gabriel Scheffler, Cary Coglianese, Daniel E. Walters

Articles

No abstract provided.

Contract Schemas, Roseanna Sommers

Articles

This review draws on the notion of “contract schemas” to characterize what ordinary people think is happening when they enter into contractual arrangements. It proposes that contracts are schematically represented as written documents filled with impenetrable text containing hidden strings, which are routinely signed without comprehension. This cognitive template, activated whenever people encounter objects with these characteristic features, confers certain default assumptions, associations, and expectancies. A review of the literature suggests that contract schemas supply (a) the assumption that terms will be enforced as written, (b) the feeling that one is obligated to perform, and (c) the sense that one …

Financial Toxicity During Breast Cancer Treatment: A Qualitative Analysis To Inform Strategies For Mitigation, Laila A. Gharzai, Kerry A. Ryan, Lauren Szczygiel, Susan Goold, Grace Li Smith, Sarah T. Hawley, John A.E. Pottow, Reshma Jagsi

Articles

Financial toxicity from cancer treatment is a growing concern. Its impact on patients requires refining our understanding of this phenomenon. We sought to characterize patients' experiences of financial toxicity in the context of an established framework to identify knowledge gaps and strategies for mitigation. Semistructured interviews with patients with breast cancer who received financial aid from a philanthropic organization during treatment were conducted from February to May 2020. Interviews were transcribed and coded until thematic saturation was reached, and findings were contextualized within an existing financial toxicity framework. Thirty-two patients were interviewed, of whom 58% were non-Hispanic White. The mean …

A New Pediatric Monteggia Fracture Type 4 Variant, Ehab S. Saleh

Articles

Introduction: Monteggia fracture-dislocations are rare and complex injuries that usually involve a fracture of the proximal ulna associated with a proximal radioulnar and radiocapitellar joint dislocations. These injuries comprise

Immigration Law's Arbitrariness Problem, Shalini Ray

Articles

Despite deportation’s devastating effects, the Immigration and Nationality Act (INA) specifies deportation as the penalty for nearly every immigration law violation. Critics have regularly decried the INA’s lack of proportionality, contending that the penalty often does not fit the offense. The immigration bureaucracy’s implementation of the INA, however, involves a spectrum of penalties short of deportation. Using tools such as administrative closure, orders of supervision, and deferred action, agency bureaucrats decide who is deported and who stays, and on what terms, on a purely ad hoc basis. In this “shadow system,” immigrants, their advocates, and the broader public lack basic …

Changing The Student Loan Dischargeability Framework: How The Department Of Education Can Ease The Path For Borrowers In Bankruptcy, Pamela Foohey, Aaron S. Ament, Daniel A. Zibel

Articles

The United States' consumer bankruptcy system supposedly gives "honest but unfortunate" individuals "a new opportunity in life with a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt." Access to bankruptcy's discharge of debt is especially important in the wake of the COVID-19 pandemic, which has resulted in a once-in-a-century economic crisis that is projected to increase bankruptcy filings by people struggling to recover. Those who file bankruptcy will find a system that is already difficult to navigate and has long-recognized racial and gender disparities in access and outcomes.

Student loan borrowers will find a …

The Breakdown Of The Public-Private Divide In Securities Law: Causes, Consequences, And Reforms, George S. Georgiev

Articles

As a regulatory scheme, U.S. securities law has traditionally been designed around a set of lines-the 'public-private divide"-which separate public companies, public capital, and public markets, from private companies, private capital, and private markets. Until the early 2000s, the lines were successful in establishing two largely coherent legal realms-a highly regulated public realm and a lightly regulated private realm. A series of bold and often-inconsistent reforms between 2002 and 2020, however, have transformed this longstanding regime into a low-friction system wherein public capital flows to both public and private companies, private capital is ever more abundant, and firms can effectively …

Privacy As The Price Of Drug Access, Laura Karas

Articles

In response to the recent increase in FDA-approved specialty drugs and escalating specialty drug prices, drug companies now offer patient support programs ("PSPs") for eligible patients prescribed a particular pharmaceutical drug. Such programs encompass both financial assistance for the purchase of a specialty drug and behavioral services, including nursing support and injection training, intended to improve drug adherence. Although ostensibly gratuitous, these programs have a steep and underappreciated cost: disclosure of protected health information. In effect, patient support programs compel patients to trade protected health information for drug access. This Article provides the first in-depth examination of the legal and …

Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock

Articles

This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …

Incentivizing Fair Housing, Stewart E. Sterk

Articles

Restrictive land use regulation has thwarted the upward mobility of many Americans, particularly Americans of color. Local restrictions imposed by affluent municipalities have limited access to safe neighborhoods, better housing, and good schools. Racism and economic self-interest have both played a role in exclusionary practices which have contributed to high housing costs that place a strain on the entire economy.

Fair Housing Act litigation has been one weapon in the fight against these practices. Despite the Supreme Court's decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc. , disparate impact litigation faces significant obstacles that …

Perspectives On Computing Ethics: A Multi-Stakeholder Analysis, Damian Gordon, Ioannis Stavrakakis, Paul J. Gibson, Brendan Tierney, Anna Becevel, Andrea Curley, Michael Collins, William O'Mahony, Dympna O'Sullivan

Articles

Purpose:

Computing ethics represents a long established, yet rapidly evolving, discipline that grows in complexity and scope on a near-daily basis. Therefore, to help understand some of that scope it is essential to incorporate a range of perspectives, from a range of stakeholders, on current and emerging ethical challenges associated with computer technology. This study aims to achieve this by using, a three-pronged, stakeholder analysis of Computer Science academics, ICT industry professionals, and citizen groups was undertaken to explore what they consider to be crucial computing ethics concerns. The overlap between these stakeholder groups are explored, as well as whether …

Punnett Square Or Protein Production? The Expert-Novice Divide For Conceptions Of Genes And Gene Expression, Dina L. Newman, Aeowynn Coakley, Aidan Link, Korinne Mills, Leslie Kate Wright

Articles

Concepts of molecular biology and genetics are difficult for many biology undergraduate students to master yet are crucial for deep understanding of how life works. By asking students to draw their ideas, we attempted to uncover the mental models about genes and gene expression held by biology students (n = 23) and experts (n = 18) using semistructured interviews. A large divide was identified between novice and expert conceptions. While experts typically drew box-and-line representations and thought about genes as regions of DNA that were used to encode products, students typically drew whole chromosomes rather than focusing on gene structure …

Hemp Growth Factors And Extraction Methods Effect On Antimicrobial Activity Of Hemp Seed Oil: A Systematic Review, Klaudia Ostapczuk, Samuel Obeng Apori, Giovani Estrada, Furong Tian

Articles

The bioactive Hemp Seed Oil (HSO) is becoming very popular in the medical and research fields due to its antimicrobial properties against several diseases caused by bacteria and fungi. However, the effect of hemp-growing factors and extraction methods on the bioactivity of HSO does not receive adequate research attention. Therefore, this review aims to investigate the effect of growth factors and extraction methods on the antimicrobial activity of HSO. Articles were retrieved from Google Scholar and the Scopus database and screened against inclusion and exclusion criteria. The study revealed that HSO prefers warm climates and favorable humidity ranging from 20 …

Ungrading, Supporting Our Students Through A Pedagogy Of Care, Shaun Ferns, Robert Hickey, Helen Williams

Articles

The awarding of grades or marks to student work is traditionally considered a fundamental feature of assessment. Grades became more widely established in the twentieth century becoming ubiquitous across most educational institutions. There is increasing evidence to suggest that grades are not effective tools for promoting or measuring learning. One alternative approach for promoting and measuring learning is "Ungrading," in which no letter grades or marks are given to students. Instead, they are replaced with formative feedback provided through strategies such as individual feedback, peer review and self-assessment. An Ungrading approach promises increased learner motivation, a reduction in stress, and …

The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen

Articles

In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …

Voices From A Prison Pandemic: Lives Lost From Covid-19 At Lakeland Correctional, Kimberly Thomas

Articles

Coronavirus tore through jails and prisons like wildfire. In some states, more than half of the people incarcerated there tested positive for COVID-19; nearly 400,000 people in prison across the United States have tested positive. For people in prison, COVID-19 brought the loss of close friends, solitary confinement, loss of connection with family and programming, lack of information, and fear of contracting the virus. It has also reminded those who are incarcerated of the one-dimensional way in which people in prison are perceived. As stated by one collaborator, Cory Souders, "[s]o many men and women who come to prison are …