Digital Commons Network^™

Springboard To Article V (Or Electoral Democracy And The End Of Constitutional Amendment In The Nation And States), Wilfred U. Codrington Iii

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Drafted in exceedingly sparing terms and notoriously difficult to amend, the U S. Constitution is falling short in one of the most important functions of a government charter: establishing and maintaining a fair and just electoral framework-marked by rules that promote the values of equality, participation, competition, and transparency in elections. That is, the Constitution increasingly fails to preserve electoral democracy even as the nation's systems for voting and elections are plagued by a cascade of problems. State constitutions, though not uniform, are uniformly easier to amend than the national charter and tend to be better stewards of electoral democracy. …

U.S. Territories And The Criminal Law Curriculum, Emmanuel H. Arnaud

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No abstract provided.

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

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This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Worldwide Trends In The Quality And Breadth Of Clinical Investigations Of Medical Devices Over The Past Decade: A Scoping Review And Evidence Map, Elaine Harris, David F. Keane, Mathew Cherian, Ryan Longley, Rosie Dunne, Thomas Matthew, Paddy Gillespie, Abhay Pandit, Matthew D. Griffin

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682 studies from 2012 and 1682 studies from 2022 were included. Around a quarter of studies were interventional and the remainder being observational and primary outcomes of effectiveness were more common than efficacy. Key study design aspects were frequently unreported, including sample size justification, registration, randomisation technique and funders. Our evidence map demonstrated that predominantly, investigations were of implants and were in a cardiovascular setting. Clinical investigations were broadly similar between 2012 and 2022, though there was a reduction in the proportion of cardiovascular studies, a move in the share of studies coming out of Europe and North America towards …

Lifespan Of Male And Female App/Ps1 And Appnl-F/Nl-F Mouse Models Of Alzheimer's Disease, Hannah Roberts, Yimin Fang, Kathleen Quinn, Tiarra Hill, Mackenzie R Peck, Andrzej Bartke, Kevin N Hascup, Erin R Hascup

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Alzheimer's disease (AD) disproportionately affects women, yet most preclinical research studies are male-centric. We performed lifespan analyses of male and female AD mouse models (APP/PS1 and APP^NL-F/NL-F) and their shared genetic background control (C57BL/6). Survival curves support significant sex differences between genotypes. Minimal longevity revealed increased age in male APP/PS1, and decreased age in male APP^NL-F/NL-F mice. Maximal longevity revealed an increased average age in males. Furthermore, median lifespan differed between sex and genotype. This study supports dimorphic survival in two mouse models of AD, emphasizing the need to examine mechanisms and treatments in both sexes.

Sport, Soft Disempowerment And The 1966 Fifa World Cup, Richard Woodward

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Sport is increasingly acknowledged as a vital component of the United Kingdom’s arsenal of soft power assets. However, the UK’s attempts to wring soft power from sport have met with mixed success. Many of the UK’s experiences align with an embryonic literature suggesting that sport, as well as enabling the production of soft power, is simultaneously capable of eroding it, a phenomenon dubbed ‘soft disempowerment’. Drawing upon original archival documents, this article examines how the Foreign, Commonwealth and Development Office (FCDO) commandeered the 1966 World Cup and England’s victory in the competition in a doomed attempt to communicate positive messages …

Use And Benefits Of A Therapeutic Hypnosis Interactive Media Program For Chronic Pain Management: A Pilot Study, Mark P. Jensen, Joy F. Chan, Owen Gottlieb, Laurence I. Sugarman, Emily Stensland

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Chronic pain is a common condition that has significant negative effects on individuals and society. Opioids continue to be the primary treatment provided to the billions of individuals with chronic pain, despite their general lack of efficacy and significant negative side effects. A growing body of research supports the potential of therapeutic hypnosis for helping individuals better manage their chronic pain. However, access to this treatment is limited. The availability of a hypnosis digital therapeutic has the potential to address this access problem. The current study was designed to evaluate the feasibility of a digital therapeutic hypnosis prototype (not yet …

Is The Utpr Extraterritorial Or Discriminatory?, Reuven S. Avi-Yonah

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On January 20 President Trump issued two executive orders on international tax. The first order rejected the OECD’s two-pillar project, stating: The OECD Global Tax Deal supported under the prior administration not only allows extraterritorial jurisdiction over American income but also limits our Nation’s ability to enact tax policies that serve the interests of American businesses and workers. Because of the Global Tax Deal and other discriminatory foreign tax practices, American companies may face retaliatory international tax regimes if the United States does not comply with foreign tax policy objectives. This memorandum recaptures our Nation’s sovereignty and economic competitiveness by …

Defining Demand - The Suitability Of Sensor-Based Demand-Controlled Ventilation Within Deep Energy Retrofit Dwellings, Seamus Harrington, Mark Mulville

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This paper reviews a Sensor-Based Demand-Controlled Ventilation (SBDCV) system which seeks to provide fresh air for breathing and to dilute and exhaust pollutants and odours. Previous studies have demonstrated that the constant pressure system increases ventilation extract and inflow based on relative humidity levels and/or presence detection and works on the assumption that the level of ventilation provided is sufficient to control the concentration of all indoor air pollutants, including those that are not occupant generated. This paper presents the results obtained from monitoring the indoor air quality of eight dwellings that had undergone a fabric-first deep energy retrofit and …

Esg Irony: Why Corporate Tax Avoidance Must Be Considered, Reuven S. Avi-Yonah

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Environmental, social, and governance (ESG) investing has been the focus of major attention in corporate law. Many writers praised ESG as the future of corporate governance. The push for ESG comes from the belief that the government is incapable of fulfilling its responsibility of achieving social and environmental goals, and that corporations are frequently in the best position to help. ESG investing has been significantly bolstered by large asset management institutions like BlackRock Group, State Street Global Advisors, and Vanguard Group. The “Big Three” own large stakes in most public corporations, which they have been pushing to address ESG issues.

Tax Experience Isn’T Everything: A Tale Of Two Justices., Reuven S. Avi-Yonah

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Any student of federal income taxation is familiar with a series of important Supreme Court tax decisions written by Justice Harry Blackmun (associate justice, 1970-1994). They would also know of three important decisions written by his contemporary, Justice Thurgood Marshall (associate justice, 1967-1991). It is interesting to compare the two, because Blackmun was the only recent justice with extensive tax practice experience, whereas Marshall had none. Yet, most of Blackmun’s tax opinions were wrong while Marshall’s opinions were right.

Us V. Rahimi, Originalism's Loaded Weapon, And The Lost Boys Of The Supreme Court, Mary Anne Franks

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No abstract provided.

Shadow Banking And Securities Law, Gabriel V. Rauterberg, Jeffery Yufeng Zhang

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Shadow banking may be the single greatest challenge facing financial regulation. Financial institutions that function like banks, but fall outside the scope of banking regulation—aptly termed “shadow banks”—were at the heart of the Global Financial Crisis and most episodes of serious financial stress since then. Scholars have largely focused on one response to this problem: extending traditional banking regulation to shadow banks. Yet more than fifteen years after the crisis, major regulatory efforts along this route have stalled.

In this Article, we explore the uneasy case for greater regulation of shadow banking through a different route—securities law. Our first contribution …

When One Door Closes: Legal Education And Racial Justice After Students For Fair Admissions, Michael I. Meyerson

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In Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the Supreme Court ruled that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibited colleges and universities from using race as a factor in admissions decisions. Many have feared that this ruling portends the end of racial diversity in higher education. Law schools, however, can choose to treat this decision as creating a fresh opportunity to pursue racial justice in a comprehensive and meaningful way. Most of the early scholarly writing on Students for Fair Admissions focused on either its …

Waste, Property, And Useless Things, Meredith Render

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How should the law respond to intentionally useless objects that are constructed from scarce materials and thrust into an overcrowded world?

Approximately sixty million tons of electronic waste, or "e-waste" -for example, discarded iPhones, refrigerators, desktop computers -is produced each year. This annual pile of electronic rubbish represents sixty-two billion dollars' worth of tangible raw materials (such as gold and other scarce metals) that has been rendered useless. In addition to wasting raw materials, e-waste clogs our landfills, poisons the groundwater, and taxes our capacity to store it. Worst of all, much of this waste is intentionally created …

Deputization And Privileged White Violence, Ekow N. Yankah

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A number of high-profile and racially charged killings, such as Trayvon Martin’s, Kenneth Herring’s, Ahmaud Arbery’s, and Jordan Neely’s, have been at the hands of civilians declaring themselves the law. These deaths stemmed from a phenomenon best described as “deputization.” Deputization describes a latent legal power that has empowered White people throughout American history to claim authority to enforce the law, as they see it, upon racial minorities generally and Black people in particular. This power turned the ancient common law duty to police all felons in England into a specific American common law duty to police Blacks. From the …

Fee-Shifting Shortcuts, Maureen Carroll

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Federal fee-shifting statutes, which allow certain prevailing plaintiffs to recover a reasonable attorney’s fee from the defendant, are critically important to civil rights enforcement. When it comes to the interpretation of these statutes, however, a wide gap separates the doctrine articulated by the Supreme Court and the decisions issued by lower courts. According to the Supreme Court, the calculation of a feeshifting award requires a highly contextualized inquiry, specific to the plaintiff’s attorneys and claims; in the lower courts, by contrast, judges take a set of welltrodden shortcuts that flatten many of the differences the case law makes relevant.

This …

Next Generation Legal Researchers: Implementing Critical Information Literacy Through The Acrl Framework To Ensure Student Success On The Nextgen Bar Exam, Laura Wilcoxon

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Students who began law school in the fall of 2023 could be among the first to encounter the NextGen Bar Exam. Examinees will now be required to demonstrate proficiency in legal research to become practicing attorneys. This change provides an opportunity to evaluate the pedagogy employed to prepare students for the bar exam and beyond. Incorporating critical information literacy into the legal research curriculum will enable students to master the analytic and metacognitive skills that will be tested on the NextGen Bar Exam. Law librarians can incorporate these skills into legal research instruction by implementing the Framework for Information Literacy …

Regulating Hidden Ai Authorship, Jacob Noti-Victor

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With the rapid emergence of high-quality generative artificial intelligence (“AI”), some have advocated for mandatory disclosure when the technology is used to generate new text, images, or video. But the precise harms posed by nontransparent uses of generative AI have not been fully explored. While the use of the technology to produce material that masquerades as factual (“deepfakes”) is clearly deceptive, this Article focuses on a more ambiguous area: the consumer’s interest in knowing whether works of art or entertainment were created using generative AI. In the markets for creative content—fine art, books, movies, television, music, and the like—producers have …

Flow Dynamics Of Agricultural Waste Nanofibers: Shear, Temperature, And Oscillatory Insights, Bilge N. Altay, Burak Aksoy, James Atkinson, Christopher Lewis, Carlos Diaz-Acosta, Raymond Francis

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The rheology and fiber size of corn stover (CS) and cleaned cotton gin trash (CGT) cellulose nanofibers (CNFs) were studied including behaviors at both moderate and extremely high shear rates, to simulate industrial processes ranging from mixing and pumping to high-speed coating, printing, and extrusion. Particle size analyzer showed that 99% of CS fibers measured around 226 nm, while 85% of CGT fibers were approximately 143 nm. Both CS and CGT CNFs formed gel-like suspensions, and shear flow tests revealed that all samples exhibited shear-thinning behavior, allowing easy flow under shear forces. Gels with higher solid content (1%) demonstrated extended …

Is Ethical Review A Barrier To The Publication Of Research On Violence Against Women And Children For Low- And Middle-Income Country Researchers?, Elizabeth Dartnall, Sarah Homan, Kevin Lalor, Mpho Silima, Chi-Chi Undie

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Producing and publishing research on violence against women (VAW) and violence against children (VAC) is essential for developing evidence-based solutions to these widespread issues. However, researchers in low- and middle-income countries (LMICs) face numerous challenges and structural inequities that hinder their ability to contribute to the global knowledge base. Among these, obtaining research ethics approval, which is essential for ensuring research integrity and safeguarding participant welfare, stands out as a particularly critical and often arduous hurdle. Access to research ethics approval presents significant challenges for researchers in low- and middle-income countries (LMICs), due to: (1) limited availability and accessibility of …

Quantifying The Role Of Active Listening And Reassurance In Virtual Health Coach Interactions, Ghulam Hussain, Brian Keegan, Robert Ross

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Conversational Agents have the potential to support healthcare through coaching exercise routines, but are still lacking in demonstrating authentic social behaviours to support engagement. To this end, we present a series of experiments that we conducted in order to investigate how automated health care coaches can be more effective when their interaction style is tailored to demonstrate qualities associated with a good bedside manner, namely active listening and reassurance. To test this, we first developed a dataset of 135 dialogue excerpts from three distinct sources, i.e., original, handcrafted and LLMs, the latter two of which were tuned to demonstrate specific …

Should Country-By-Country Reporting Be Public?, Reuven S. Avi-Yonah

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Under action 13 of the base erosion and profit shifting project, large multinational enterprises are obligated to file country-by-country reports with tax authorities. As of April 2024, over 80 countries have adopted a multilateral agreement on exchanging CbC reports. The United States has not adopted the multilateral agreement, but regulations require U.S.-based MNEs to file these reports with the IRS, which can then exchange them with other countries under tax treaties.

A Comparison Study Of Senior And Junior Deck Officers’ Interpretations Of The International Regulations For The Prevention Of Collisions At Sea, Ian Heffernan, Tom O'Mahony

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The International Regulations for the Prevention of Collisions at Sea (IRPCS) provide a comprehensive set of instructions for watchkeeping officers to follow and prevent collisions at sea. This study compares how six newly qualified deck officers and six Master Mariners, who were all trained at the same college, applied the IRPCS. Individual, semi-structured interviews were used to uncover how the 12 participants applied and interpreted the rules for three authentic scenarios. Phenomenography was used to capture the qualitatively different means by which participants interpreted the IRPCS. For basic collision avoidance situations, the results indicated little difference between the cohorts' ability …

Strategically Restated Defaults, Wendy G. Couture

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Business and commercial statutes are composed almost entirely of default rules, which parties may override via agreement or adopt via silence. Drafters of these statutes, and theories about the substance of default rules, assume that parties indeed adopt statutory default rules via silence. Against this backdrop, this Article examines unexpected behavior by parties to business and commercial agreements: parties often restate statutory default rules in their agreements rather than adopting those rules via silence. Based on a review of actual limited partnership agreements and security agreements, this Article identifies five unique species of restatement-bald, tweak, refill, baseline, and context restatements-and …

Integration Of Data Sets For Modelling Gender Violence And Perception Of Insecurity, Sandra Lucia Hernandez Zetina, Ana Belen Anquela Julian, Angel Esteban Martin Furones, Carlos Martinez Montes, Santos Fernandez Noguerol

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The dataset offers a comprehensive information to analyse cities and neighbourhood that are potentially unsafe for women, this information has been collected for four cities: Toluca (Mexico), Valencia (Spain), Dublin (Ireland) and San Francisco (USA). The collection includes quantitative and qualitative variables obtained and processed from open data, georeferenced publications from a social media platform, and points located through participatory mapping sessions.

The data is structured in raw format, organized by country and city, and categorized according to the data source used while processing, which allows unrestricted access with most data analysis software and it does not depend on specific …

Development Of The Navigation Guide Evidence-To-Decision Framework For Environmental Health: Version 1.0, Nicholas Chartres, Max T. Aung, Sustan L. Norris, Courtney Cooper, Lia A. Bero, Roger Chou, Devon C. Payne-Sturges, Wendy E. Wagner, Jessica W. Reyes, Lisa M. Askie, Daniel A. Axelrad, Deysi Flores Vigo, Jill E. Johnston, Juleen Lam, Keeve E. Nachman, Eva Rehfuess, Rachel Rothschild, Patrice Sutton, Lauren Zeise, Tracey J. Woodruff

Articles

Environmental exposures, including widespread industrial pollution, impact human health and are amplified in more highly exposed communities. Policy and regulatory frameworks for making decisions and recommendations on interventions to mitigate or prevent exposures tend to narrowly focus on exposure and some health-related data related to risks. Typically, such frameworks do not consider other factors, including essentiality, health equity, and distribution of benefits and costs. Further, decisions and recommendations lack transparency regarding how they were developed. We developed the Navigation Guide Evidence-to-Decision Framework for Environmental Health (E2DFEH) to provide a structured and transparent framework incorporating a range of scientific information and …

Institutionalized Ostracism, Danieli Evans

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Belonging is a fundamental need, like food or water. Hundreds of social psychology studies find that people who are ostracized (excluded, rejected, or ignored) experience severe pain and suffering. Ostracism threatens basic needs, triggers the same neurocognitive processing system as physical pain, and impairs functioning. Furthermore, ostracized people may cope in ways that beget “deviant” labeling and further ostracism.

Belonging and ostracism are prevalent themes in social psychology research, but these constructs have received relatively little attention in law. This Article begins to explore the implications of this research for law. I make three contributions: First, I name and describe …

Abortion Ally Or Abettor: Accomplice And Conspiracy Liability After Dobbs, Mary Fan

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The bristle of state laws criminalizing abortion after Dobbs v. Jackson Women’s Health Organization raises important questions about accomplice and conspiracy liability for helping people pursue reproductive freedoms out of state. Abortion funds, grassroots organizations, pilots, and other humanitarian volunteers are vital for people in need of abortions, who often are trapped by a lack of resources in abortion criminalization jurisdictions. Threats of prosecution are chilling and even shutting down assistance by abortion funds for travel to pursue reproductive freedoms. The liability questions after Dobbs arise against a backdrop of increasing prosecutions in Europe and the United States for crimes …

Designing Legal Writing Problems For The Nextgeneration, Jaclyn Celebrezze, Lauren E. Sancken, Carrie Sanford, Amanda K. Stephen, David Ziff

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When reviewing the legal writing curriculum at our school for these NextGen skills, we discovered that our primary class activities and assignments already provided our students with opportunities to practice NextGen’s fundamental skills. This essay highlights some of our activities and describes how those assignments hone relevant NextGen skills.